California law is very clear on who is able to bring a wrongful death case. If you have lost a loved one due to the negligence or recklessness of a loved one then you may qualify for a wrongful death lawsuit. Read on to learn more about the basics and then reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for your free case evaluation.
What the law means by “family” may not match your definition
Generally speaking, only close family members of the deceased are legally able to file a wrongful death case. However, what the law views as close family members may not be identical to the way you’d define close family members. There are three basic categories of people who can file a wrongful death case: spouses of the deceased, domestic partners of the deceased, and children of the deceased. However, there are a few exceptions.
The first exception is a person who can prove to the courts that they were financially dependent on the person who died. This would include parents, stepchildren, or putative spouses who relied heavily on the deceased for their finances.
The second option only applies in the instance that there are no survivors of the deceased who are in their direct line. In that case, a part who is entitled to the property of the deceased by succession may be able to file a wrongful death case. This could include parents and siblings, but the rules can be a little complex. If this is your situation then you have a great need to speak to a personal injury attorney right away.
Available damages in a wrongful death case
There are two basic categories of damages in wrongful death cases: compensation to the estate of the person who died and compensation to the relatives for their own injuries caused by or related to the death. For example, compensation that could be awarded to the estate would include medical bills, funeral costs, burial expenses, the lost income of the deceased person before their death, and the income they could have expected to earn during the rest of their life.
When it comes to compensation for injuries sustained by relatives, this can include loss of financial support from the person who passed away, loss of household services the deceased would likely have provided, and the loss of love, affection, support, and guidance. As you can imagine, coming up with a number for this type of compensation can be complicated. That’s why Law Offices of Fernando D. Vargas works with financial experts who can calculate these sums and prove them in court.
Get a free case evaluation today
If you’re ready to find out what applies to your exact case then you’re ready to call Law Offices of Fernando D. Vargas at 909-982-0707. We offer a free case evaluation so there’s no risk in calling. In fact, we take cases on a contingency basis, which means you don’t pay us a cent until we win your case. Stop wondering what your options are and get answers today.
