San Luis Obispo Wrongful Death Lawyers

What Is a Wrongful Death Claim in California?

A wrongful death claim arises when a person dies due to someone else’s negligence, recklessness, or intentional act. California law grants the right to pursue compensation to specific family members.

This type of lawsuit is civil, not criminal. That means it’s about accountability and financial recovery, not jail time. You do not need to wait for criminal charges to be filed to bring a wrongful death case.

Who Can File a Wrongful Death Lawsuit in San Luis Obispo?

Only specific individuals can file a wrongful death lawsuit in California.

These include:

• The surviving spouse or domestic partner,
• Children of the deceased,
• Grandchildren (if the children are also deceased), and
• Anyone who would inherit under California’s laws of intestate succession (such as parents or siblings).

In some cases, other financially dependent individuals, such as stepchildren or legal guardians, may also have standing. A wrongful death attorney in San Luis Obispo can help you determine your eligibility and guide you through the process.

Common Causes of Wrongful Death Cases

Wrongful death can happen in many ways, but the most common include:

• Car accidents—speeding, drunk driving, distracted driving, or reckless behavior;
• Truck accidents—commercial vehicle crashes involving negligent drivers or unsafe practices;
• Motorcycle accidents—often fatal due to lack of protection;
• Pedestrian and bicycle accidents—frequently caused by inattentive or aggressive drivers;
• Medical malpractice—errors in diagnosis, surgery, medication, or treatment;
• Workplace accidents—falls, equipment failures, or lack of proper safety procedures; and
• Defective products—design flaws or manufacturing defects that cause fatal injuries.

If someone else’s actions, or failure to act, led to your loved one’s death, a San Luis Obispo wrongful death attorney can help uncover the truth and hold the right parties accountable.

How a Wrongful Death Law Firm in San Luis Obispo Can Help

Wrongful death cases are often complex and emotionally draining. You should not have to carry the legal burden while grieving your loss.

TheSilva Injury Law team can help by:

• Investigating the accident and gathering evidence,
• Identifying all liable parties,
• Working with expert witnesses when needed,
• Communicating with insurance companies,
• Filing the lawsuit and managing court procedures, and
• Fighting for a fair settlement or taking the case to trial.

We understand you are going through the most difficult time of your life. Our role is to handle the legal work so you can focus on healing.

Why Choose Silva Injury Law

Families across California trust us with their most sensitive cases because we lead with compassion and fight with purpose.

Here’s what sets our San Luis Obispo wrongful death lawyers apart:

• We treat you like family, not just another case number;
• We handle all communication, filings, and strategy with empathy and precision;
• We work on a contingency fee basis, which means you owe us nothing unless we recover compensation for you; and
• We take time to explain your rights and keep you informed every step of the way.

We know how hard it can be to move forward. But with the proper legal support, you can seek accountability and secure a future for your family.

Time Limits for Filing a Wrongful Death Claim

California has a two-year statute of limitations for most wrongful death cases. That means you must file your lawsuit within two years of the date of death, or you risk losing your right to compensation.

There are exceptions for cases involving government entities or medical malpractice, which may have shorter or more complex deadlines. A knowledgeable San Luis Obispo wrongful death lawyer can help you determine precisely how much time you have.

Understanding the Role of Comparative Fault

In some wrongful death cases, the insurance company may argue that your loved one was partially at fault. Under California’s comparative fault rule, compensation can be reduced by the percentage of fault assigned to the deceased.

For example, if a jury finds the deceased 20% responsible for a crash, their family’s damages would be reduced by 20%.

That does not mean you cannot recover compensation. It simply means the amount may be adjusted. Having a skilled wrongful death law firm in San Luis Obispo in your corner is essential for countering unfair blame and protecting your recovery.

Speak with a San Luis Obispo Wrongful Death Lawyer Who Will Fight for Your Family

At Silva Injury Law, we know how overwhelming it feels to experience a loss due to someone else’s carelessness. Founding attorney Michael Joe Silva brings courtroom-tested experience to every case, first as a prosecutor, and now as a passionate advocate for grieving families.

Michael Joe returned to the Central Valley to serve the community he calls home. He understands how to fight and win and does it with the compassion your family deserves.

We treat every client like family. That means personalized attention, honest guidance, and relentless pursuit of justice.

Schedule your free consultation today with a San Luis Obispo wrongful death lawyer who won’t back down. You pay nothing unless we recover for you.

Get started by calling (209) 600-4389 or sending an online message today.

Other Types of Injury Cases

Our experienced legal team handles additional types of injury cases in San Luis Obispo, including:

• Pedestrian Accidents
• Drunk Driving Accidents
• Distracted Driving Accidents
• Bicycle Accidents
• Car Accident
• Nursing Home Abuse
• Dog Bite
• Truck Accident
• Slip & Fall
• Sexual Assault
• Motorcycle Accident
• Work Injuries