Wrongful Death Attorneys in San Luis Obispo, CA
Being involved in an accident is devastating in many ways. Depending on the severity of the bodily injury, some people involved in an accident cannot return to work. Others have to deal with a lifetime of physical pain and emotional distress due to their severe injuries. In some personal injury cases, however, car crashes or other accidents lead to the demise of a family member.
If any of your loved ones became a victim of wrongful death, contact us at 805 Personal Injury Attorneys and seek legal advice from a competent wrongful death attorney. A knowledgeable San Luis Obispo personal injury attorney can help you and your loved ones recover compensation that is rightfully yours. Call us at 805-466-4800 or send us a message to schedule a consultation.
Reasons for Filing Wrongful Death Claims
Surviving family members of accident victims file wrongful death claims for a variety of reasons. Some people file to have a form of closure for their loss of a loved one. Others who were gravely affected financially seek compensation for damages to survive, while others file claims for the loss of comfort, guidance, or financial support.
Serious injuries have tremendous debilitating effects, but even more so is the impact of the death in the family. The loss of someone you care about is never easy, and heightened levels of stress and confusion have to be set aside to work on funeral planning and filing all relevant paperwork. There are questions that you want to be answered and a mix of emotions that you have to deal with. Making decisions alone is never advisable given such a situation, so get reliable legal advice.
In California, there is a two-year statute of limitations from the date of death to file a wrongful death claim, so filing a claim promptly is important. Seek legal assistance as soon as you can to ensure that those who are liable are held accountable. Connect with a San Luis Obispo attorney and we will work together to make sure you get compensated for your loss.
How to File a Wrongful Death Claim in California
A personal injury case could help a victim recover what you need to cover medical expenses, emotional distress, pain and suffering, lost income, and other economic and non-economic damages. An accident victim or their loved ones could file a personal injury case if they’re suffering from an injury caused by another person such as:
- Back injury
- Brain injury
- Broken leg
- Broken arm
- Burn injury
- Knee injury
- Pelvic injury
- Other types of injuries
For serious injuries that were a result of someone else’s intentional or negligent acts, you could file a personal injury claim and be entitled to compensatory damages from the other party involved. Not a lot, however, are knowledgeable with how wrongful death claims work.
In almost every wrongful death case, potential plaintiffs who wish to bring a case must first be aware if they are entitled to a recovery. Even in wrongful death cases in which the decedent was killed by a person with a relatively low insurance policy limit, an investigation may reveal other defendants who are potentially responsible for the death and have more capabilities of paying damages.
Our hardworking San Luis Obispo wrongful death attorneys will work with you to identify parties that are potentially at fault, contact witnesses, gather evidence, and fight for the compensation that is rightfully yours. Call us at 805-365-6290 and speak with our dedicated personal injury lawyers in California today.
Common Causes of Wrongful Death
Negligence takes many forms, from a product manufacturer who sells a deadly item to a consumer to an intoxicated driver involved in a fatal drunk-driving car crash. Wrongful death can happen in private workplaces, public highways, and virtually anywhere. In California, some of the most common causes of wrongful death are:
- Defective products
- Work-related accidents
- Bicycle accidents
- Motorcycle accidents
- Automobile accidents
- Truck accidents
- Dangerous property conditions
- Fatal slip and falls
If your loved one died due to another party at fault, you have the legal right to file a wrongful death claim. A favorable verdict in a wrongful death action or a settlement for damages will not bring your loved one back. However, the process of coping with loss, lost wages, medical expenses, and painful psychological trauma can be aided by obtaining fair and just compensation.
Call us at 805-365-6290 to consult with a trusted San Luis Obispo wrongful death attorney.
Compensations Available in California
Many types of financial costs and losses, emotional distress, and psychological impact caused by a fatal accident may be part of compensatory damages. In California, however, punitive damages are not recoverable in wrongful death cases. They are, instead, recoverable in “survival actions.”
Suppose there is sufficient proof that the decedent survived the initial accident (even for a brief period of time) before they died of injuries. In that case, the deceased’s estate may recover economic losses from the incident that eventually caused the death.
Survival actions may be brought together with a wrongful death action to benefit the decedent’s estate. Punitive damages may be awarded to the estate in a survival action to punish the negligent party or wrongdoer whose actions caused the death. The heirs of the estate would receive distributions of the compensation award. In essence, this financial payout is meant to deter others from malicious or serious wrongful acts in the future.
Damages recoverable in a wrongful death lawsuit include past, present, and future losses. If you wish to learn more about these things, contact our reliable San Luis Obispo wrongful death lawyers today.
If you lost a loved one in an accident due to someone else’s negligence, contact our wrongful death attorney in San Luis Obispo, CA, by calling 805-365-6290.
Consult a San Luis Obispo Wrongful Death Attorney Today!
While personal injury laws are, on their own, very complicated, wrongful death claims are complicated to deal with. Every so often, an insurance company will improperly deny claims and act in bad faith. This is where an experienced personal injury lawyer can help.
Even the cases of unemployed individuals and homemakers at the time of death can be part of a wrongful death claim. Here, the loss of their contributions to the household and the family (including the loss of love, companionship, comfort, loss of society, loss of affection, loss of solace, and loss of moral support) can likewise be calculated.
An excellent local attorney can explain to you pieces of evidence that you may present to support your claim. Generally, evidence commonly used in a California accident claim would include medical records, expert witness reports, eyewitness testimonials, accident reports, photographs, video surveillance, and other documentation.
At 805 Personal Injury Attorneys, our San Luis Obispo wrongful death attorneys will help you get the compensation that you deserve. Call our San Luis Obispo personal injury law firm at 805-365-6290 to schedule a consultation today.