A San Luis Obispo Wrongful Death Attorney Can Help You Resolve Your Claims
A San Luis Obispo wrongful death attorney handles cases where a loved one dies due to the negligence or reckless actions of another person. Our experienced legal team can conduct a thorough investigation into the accident that resulted in your family member’s death. Additionally, we can hire reconstruction experts to prove fault, which is extremely helpful in auto, truck or motorcycle accident claims.
The offices of Earl E. Conaway, III, A Professional Law Corporation, has spent the last 10 years handling some of the most severe personal injury cases in California. Unfortunately, the most catastrophic cases usually result in death. While your loved one cannot return to you, we can assist with a wrongful death lawsuit to ensure that financial hardships and losses are covered for your family.
What is a Wrongful Death Claim Under California Law?
A wrongful death claim is filed by a family member of the deceased person. California law is particular about which family members are permitted to make a wrongful death claim. Family members who receive priority to file a claim are:
- surviving spouses
- domestic partners
- children grandchildren
Both stepchildren and parents may also participate in a wrongful death suit if they were financially dependent on the deceased.
A San Luis Obispo wrongful death lawyer will work with you to ensure that the proper family members bring about the court action; otherwise, the court may dismiss the lawsuit altogether. Generally,the statute of limitations for wrongful death claims is 2 years from the deceased’s passing. These types of claims are intended to compensate surviving family members who received primary financial support and companionship from the deceased.
Compensation Available in a Wrongful Death Lawsuit
San Luis Obispo wrongful death attorney Earl E. Conaway, III is prepared to file for recoverable damages on your behalf. These types of damages are usually limited to the direct losses that personally impact you as a surviving family member. Such losses may include:
- Loss of Financial Support - You may be able to claim the loss of your loved one’s current and future income, which is especially important if the deceased was the head of the household and the family’s primary source of financial support. You may also be able to claim loss of other income, such as a retirement fund or pension.
- Funeral Costs - Funerals are expensive. You may be able to claim funeral and burial expenses in a wrongful death claim.
- Loss of Companionship - Whether it’s the loss of marital relations or a father’s absence from his children, you may be able to claim loss of companionship.
- Loss of Gifts or Household Services - While difficult to calculate, you may be able to claim compensation for the deceased’s help. Think of a stay-at-home mother who dies and the surviving father has to hire full-time care for their children.
- Medical Costs - If the deceased has outstanding medical expenses related to the accident that caused their death, you may be able to receive compensation for these costs.
- Punitive Damages - In some cases, punitive damages will be assigned by a judge or jury to monetarily punish the person responsible for your loved one’s death.
No two wrongful death lawsuits are the same as compensation depends on the individual’s circumstances. A consultation with a San Luis Obispo wrongful death lawyer is the best way to get an estimate of what’s available to you and your family.
What are Survival Actions in California?
California also allows survival actions. This is a type of lawsuit brought on behalf of the deceased against the person who acted out of negligence and caused their untimely death. A survival action lawsuit is usually filed by a representative of the deceased’s estate, which allows them to recover personal damages sustained by the deceased. These types of damages may include medical expenses or any pain and suffering they endured before passing. A San Luis Obispo wrongful death attorney can help you file both wrongful death and survival action lawsuits, if applicable, in an attempt to maximize the compensation family members receive.
Types of Cases a San Luis Obispo Wrongful Death Attorney Handles
Earl E. Conaway, III, A Professional Law Corporation, handles a wide variety of wrongful death lawsuits including those caused by:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Drunk Driving Accidents
- Hit and Run Accidents
- Intentional Harm
A San Luis Obispo wrongful death attorney will ask you questions to help us determine if you have a solid case for wrongful death. Some of these questions may include:
- What were the circumstances surrounding your loved one’s death?
- Did the deceased receive medical treatment between the accident and their death?
- What type of evidence do you have to support your claim?
- Have you spoken to an insurance company or the proposed defendant?
Our San Luis Obispo Wrongful Death Attorney Offers Free Case Evaluations
Coping with the loss of a loved one is one of the most challenging things anyone can experience. Earl E. Conaway, III, A Professional Law Corporation and his team, treats clients like family, offering caring support and patience during this difficult time. We have more than 10 years of experience handling a wide assortment of wrongful death claims.
Earl E. Conaway, III understands the nuances surrounding California’s state laws. Our legal team also earned the honor of Top 100 Civil Plaintiff Lawyers by the National Trial Lawyers.
We offer free case evaluations, and we never collect a fee unless you receive a settlement or award. With a convenient location in downtown San Luis Obispo, we can visit you at home or the hospital, if needed. Additionally, we take pride in offering excellent customer service and return all our emails and phone calls within 24 hours. Contact us today to schedule an appointment.