FAQs Archive - Page 5 of 12 - Smith Dollar Attorneys at Law

Q: What types of commercial disputes do you handle?

Commercial litigation can involve a wide range of disputes, including breach of contract claims, partnership disagreements, shareholder disputes, fraud allegations, and business torts. Each case is unique and often involves high financial stakes. A commercial litigation attorney evaluates the facts, identifies legal risks, and develops a strategy aligned with the client’s business objectives and long-term interests.

Q: Are wrongful death settlements taxable in California?

Most wrongful death settlements are not subject to state or federal income tax if they compensate for physical injury or loss. However, any part of the settlement related to lost wages or interest might be taxable. For your unique circumstances, speak with a tax advisor or your attorney.

Q: Can wrongful death claims include the pain and suffering the deceased experienced before dying?

Yes, but compensation for the deceased's pain and suffering comes through a “survival action,” often filed along with a wrongful death claim. Survival actions pursue damages for harm suffered between the injury and death—such as medical bills and pain—to benefit the estate of the deceased. Separate rules govern survival actions in California.

Q: What happens if the deceased was partly at fault for the incident?

California follows a pure comparative negligence law. If the deceased shared some blame, any damages awarded decrease by their percentage of fault. Even if your loved one was primarily responsible, the family may still recover a share of compensation. Consulting an attorney about your specific situation is always wise.

Q: What is the process for pursuing a wrongful death lawsuit in Santa Rosa?

You start by meeting with a wrongful death attorney, who reviews the facts and advises whether you have a case. Once your attorney investigates and gathers evidence, they file the claim and explore a potential settlement. If settlement talks fail, the case may go to trial for a judge or jury to decide. Throughout, your Santa Rosa wrongful death lawyer keeps you informed and advocates for your interests.

Q: What is the statute of limitations for filing a wrongful death claim in California?

In California, you must generally file a wrongful death claim within two years of the person’s passing. Some exceptions exist—such as a one-year limit in medical malpractice, or six months if a public agency is involved. Missing these deadlines usually means losing the right to seek compensation.

Q: What if I was partially at fault for the accident?

California follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.

Q: Is there a time limit to file a claim in California?

Yes, the statute of limitations for premises liability cases in California is two years from the date of the injury. It’s important to act quickly to preserve your right to compensation.

Q: What damages can I recover in a premises liability claim?

You may be entitled to recover: Medical expenses (past and future) Lost wages and loss of earning capacity Pain and suffering Emotional distress Rehabilitation and therapy costs

Q: How do I prove negligence in a premises liability case?

To prove negligence, you must demonstrate: The property owner owed you a duty of care. They failed to maintain safe conditions or address hazards. This negligence directly caused your injuries. Our attorneys can help collect the evidence needed to establish these elements.

(707) 522-1100Click-to-Call!

FAQs

What types of commercial disputes do you handle?

WSI Unibit Analytics2026-03-11T00:32:20-08:00March 11, 2026|

Are wrongful death settlements taxable in California?

Smith Dollar2025-12-12T09:50:04-08:00December 12, 2025|

Can wrongful death claims include the pain and suffering the deceased experienced before dying?

Smith Dollar2025-12-12T09:49:44-08:00December 12, 2025|

What happens if the deceased was partly at fault for the incident?

Smith Dollar2025-12-12T09:49:25-08:00December 12, 2025|

What is the process for pursuing a wrongful death lawsuit in Santa Rosa?

Smith Dollar2025-12-12T09:49:06-08:00December 12, 2025|

What is the statute of limitations for filing a wrongful death claim in California?

Smith Dollar2025-12-12T09:48:44-08:00December 12, 2025|

What if I was partially at fault for the accident?

Smith Dollar2025-12-11T14:53:32-08:00December 11, 2025|

Is there a time limit to file a claim in California?

Smith Dollar2025-12-11T14:53:16-08:00December 11, 2025|

What damages can I recover in a premises liability claim?

Smith Dollar2025-12-11T14:52:56-08:00December 11, 2025|

How do I prove negligence in a premises liability case?

Smith Dollar2025-12-11T14:52:42-08:00December 11, 2025|

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Smith Dollar is a full-service law firm located in downtown Santa Rosa, in the heart of California’s Wine Country.

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