Wrongful Death Attorneys in San Luis Obispo, CA
Loved One Taken From You in an Accident?
California Wrongful Death Attorneys Explain Legal Options
Our 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 catastrophic of cases, an incidence of negligence or misconduct takes the life of another. While we cannot restore a life taken by the negligence of another, we can help grieving families through difficult times. A wrongful death lawsuit can help ensure that the expenses associated with the death are covered and that the loss does not bring about undue financial strain or hardship on the family. We can assist you in pursuing a wrongful death action against the persons or entities responsible for your loss. If you are seeking compensation for a loved one’s wrongful death, the speak to an attorney from our law firm today.
The staff at James McKiernan Lawyers have extensive experience handling wrongful death claims against individuals who negligently, recklessly or intentionally cause the death of another person. We can conduct an in-depth investigation into the circumstances surrounding the accident or act that resulted in your loss. We often use accident reconstructionists when the death is the result of a car accident. This is particularly useful when there is a question as to who may be at fault. Our wrongful death lawyers have assisted countless families deal with the catastrophic consequences of the negligence of others. We may be able to help you, too.
What Damages Are Recoverable for Wrongful Death?
The plaintiff in a wrongful death case is a family member as described above. Therefore, recoverable damages are limited to the losses which are personal to the plaintiff. This might include:
- Funeral costs. You may claim burial and funeral expenses in a wrongful death lawsuit.
- Loss of financial support. Family members may claim damages for the loss of their loved one’s future income. This is especially important if your loved one was the primary breadwinner of your household.
- Loss of gifts and/or the value of household services. These may be difficult to calculate, but you may be able to claim compensation for the loss of your loved one’s help.
- Loss of companionship. This includes the loss of marital relations from a deceased spouse. It may also include the loss of training and guidance to children which a deceased parent would have provided.
California law also provides for survival actions. A survival action is a lawsuit brought on behalf of a person who passed away because of another’s negligence. A survival action is generally brought by the representative of the estate. Since an estate representative usually brings a survival action, the damages recoverable are those that were personal to the deceased. This may include final medical expenses, and the pain and suffering they endured before their death. By bringing both wrongful death and survival actions whenever applicable, our wrongful death lawsuit attorneys work to maximize the compensation available to the family members, heirs and beneficiaries of the deceased.
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