Maison Law represents victims of wrongful deaths across San Luis Obispo County. If you believe a person or business is at fault for the death of a loved one, Maison Law is here for you during this difficult time. Please don’t hesitate to call for a free consultation and case evaluation. Our wrongful death attorneys can help you seek justice and earn support for the difficult years ahead.
What Can a Wrongful Death Lawyer Do for My Family?
A wrongful death lawyer holds the insurance company responsible for the financial damage that has been brought upon your family due to this untimely loss. We believe this is the least that can be done as we will diligently pursue compensatory damages that include:
- Financial support you would have received from your loved one
- Funeral costs
- Loss of consortium
As well as financial burdens caused prior to death such as:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
At Maison Law, we understand nothing is more important than family, especially within the community of San Luis Obispo. No amount of compensation can replace the untimely loss of a loved one. But if your financial burdens have become too heavy due to this unfortunate loss, we would like to help. Give us a call today. We can give you a free consultation and case evaluation, as well as answer any questions you may have.
What is “Loss of Consortium?”
Loss of consortium is best defined in Jury Instruction CACI 3920 as:
“The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; and the loss of the enjoyment of sexual relations or the ability to have children.”
“Loss of consortium,” covers non-economic damages, such as the loss of your spouse’s or partner’s companionship, similar to damages caused by pain and suffering. “Loss of consortium,” can be proven if:
- Your spouse was injured due to the carelessness of another, or a wrongful act
- You were married or had a valid registered domestic partnership at the time of the injury
- Your spouse’s or partner’s loss was a direct result of the wrongful act
- You suffered the loss of a partner or spouse’s consortium
What is the Typical Settlement of a Wrongful Death?
Wrongful death settlements vary depending on the circumstances. Here is a list of factors that increase a settlement amount:
- The victim was young
- The victim experienced a painful death
- The victim was an active community member
- The victim had dependents that they supported
- The victim accumulated medical expenses before their death
Keep in mind that factors such as grief, mental trauma, and heartache cannot be accounted for on this list and will play a large part in negotiating your settlement.
What if My Love One is Found Partially to Blame for the Accident?
California is a pure comparative fault state. Meaning, even if the victim of an untimely death is 99% at fault, their family can still collect damages. However, taking a percentage of the blame will decrease the overall settlement amount. This a unique rule compared to several states that do not allow damages to be collected if the victim is 50% or more at fault.
Other factors that can decrease a settlement include:
- The victim was elderly, or retired
- The victim was single with no dependents
- The victim was not an active, contributing member of the community
When Am I Eligible to File a Wrongful Death Lawsuit?
The statute of limitations for a wrongful death claim is two years from the date of the victim’s death. However, an exception to this rule would be if the death was caused by medical malpractice. Then, the statute would be one year from the date medical malpractice was discovered or three years from the date of the victim’s death. A wrongful death can be filed by the:
- Surviving spouse or partner
- Children
- Other descendants or financial dependents
- Grandchildren
If you’re concerned about the nature of a loved one’s death or have any questions about the legal actions available to you, please do not hesitate to give us a call. At Maison Law, we offer free consultations and case evaluations, and we’ll answer any of your questions to help ease your concerns at this time.
FAQs
Q: What is the “one action” rule for wrongful death lawsuits in California?
A: The “one action” is a legal mechanism designed to protect defendants in wrongful death cases from being sued over and over again by different family members. So, all members must file together to take “one action” in court.
Q: How long does a wrongful death case take?
A: The length of wrongful death cases is dependent on the complexity of your case. The more factors involved in your case (i.e. members of the family, number of parties responsible), the longer it will take to resolve.
Q: Do you have to pay taxes on a wrongful death settlement in California?
A: In most cases, you do not have to pay taxes on your settlement. But if you go to trial and you are awarded punitive damages on a related claim, that may be taxed.
Contact a San Luis Obispo Wrongful Death Lawyer
If your loved one suffered a wrongful death caused by the fault of a person, or business, Maison Law would like to help you get through this challenging time. While insurance companies will try to take advantage of you during this time of loss, we can hold them responsible and ensure your family is taken care of. No upfront money is required. At Maison Law, we don’t get paid unless we win your case for you. Give us a call for a free consultation and case evaluation today.
