Compassionate Representation from San Luis Obispo Wrongful Death Lawyers
At James McKiernan Lawyers, our San Luis Obispo wrongful death attorneys have dealt with just about every type of personal injury accident along the Central Coast, including representing people with the most serious injuries. In the most tragic of cases, an incidence of negligence or misconduct takes the life of another. We help grieving families get through this difficult time by seeing to it that their expenses associated with the death are covered and that the death does not bring about undue financial strain or hardship on the family. The way to do this is by pursuing a wrongful death action against the persons or entities responsible for causing the loss of a loved one.
Who Can Bring a Wrongful Death Case
A family member of the deceased is the proper person to bring a wrongful death action in court. California law specifies which family members may sue for wrongful death. First, the surviving spouse or domestic partner, or the surviving children may recover for wrongful death. If there are no surviving children, the law allows the deceased’s grandchildren to bring a wrongful death action. In the absence of any surviving parents, children or grandchildren, the law provides that the deceased’s next of kin may bring an action. Parents and stepchildren may also sue for wrongful death if they were dependent on the deceased for support.
Damages Recoverable for Wrongful Death
Since the plaintiff in a wrongful death case is a family member as described above, the damages which are recoverable are the losses which are personal to the plaintiff. This might include the costs of the funeral and the loss of financial support or gifts the deceased would have given, or the loss of household services the deceased might have provided. With the help of an experienced wrongful death lawyer in San Luis Obispo, damages are recoverable for the loss of companionship of a loved one, including the loss of marital relations from a deceased spouse or the loss of training and guidance which a deceased parent would have provided. James McKiernan Lawyers has successfully handled serious and catastrophic personal injury and wrongful death cases for over thirty years.
California law also provides for survival actions. A survival action is a lawsuit brought on behalf of a person who died because of another’s negligence or wrongful conduct. A survival action is generally brought by the representative of the estate. Since a survival action is brought in the name of the deceased, the damages recoverable are those that were personal to the deceased, such as medical expenses. By bringing both wrongful death and survival actions whenever applicable, our accident attorneys work to maximize the compensation available to the family members, heirs and beneficiaries of the deceased.
Get Help from Successful Wrongful Death Attorneys Serving Santa Maria
Of course, no amount of money can bring back a loved one. But for families who have experienced the loss of a family member to be further victimized by having to bear the financial burden, without holding the responsible parties accountable, is simply unjust. James McKiernan Lawyers is a law firm with many successes throughout the California Central Coast. Our Santa Maria lawyers are members of the Million Dollar Advocates Forum, and we have won multiple million dollar verdicts and settlements in wrongful death cases. If you have lost a loved one due to the negligence or wrongful conduct of another, contact the San Luis Obispo lawyers at James McKiernan Lawyers in San Luis Obispo for a free consultation to discuss how we may be able to help you through this difficult time.