Oakland Wrongful Death Lawyers
Representing Families Throughout Northern California
The unexpected loss of a loved one is perhaps the most devastating and challenging thing a person can experience. Sadly, far too many deaths occur as a result of entirely preventable accidents. When someone’s death is caused by another person or party’s negligent or wrongful actions, the surviving family members are allowed to file what is known as a wrongful death lawsuit. This is a civil action (as opposed to a criminal action) that is intended to compensate the deceased’s family members and dependents for certain financial losses and intangible damages.
At Pacific Workers', The Lawyers for Injured Workers, we understand that no financial recovery could ever truly “compensate” you for your loss. However, we also realize that an unexpected death also brings unanticipated costs. A successful wrongful death lawsuit can not only allow you to recover for those costs, but it can also provide you and your family with a much-needed sense of justice.
With offices located in Oakland, Concord, Stockton, and Sacramento, we represent individuals and families throughout Northern California who have suffered unimaginable loss as a result of someone else’s careless, reckless, or wrongful actions. We are ready to put over 130 years of collective legal experience and a proven record of success on your side.
Contact us online or call (888) 740-6434 for a free, confidential consultation with one of our wrongful death lawyers in Oakland.
What Makes a Death “Wrongful?”
California law allows certain surviving family members to file a wrongful death lawsuit when the death of their loved one was caused by another person/party, whether as a result of negligence or malice. By law, death is “wrongful” when it resulted from someone else’s negligence or intent to cause harm.
In order to file a wrongful death lawsuit, an eligible party must prove the following:
- A person died
- The death was the result of someone else’s negligent or intentional actions
- The death resulted in surviving family members suffering financial consequences
Additionally, there must be a personal representative for the deceased’s estate, either someone appointed in a will or someone selected by the court.
Who Can File a Wrongful Death Claim in California?
Only certain individuals are eligible to bring a wrongful death claim in the state of California.
These individuals include:
- The surviving spouse or domestic partner
- The surviving child/children (if any)
If there are no family members or surviving individuals in the direct line of descent, then anyone who can prove that they would be entitled to the deceased’s estate via succession may file the wrongful death claim. Additionally, an individual who can prove that they were dependent financially on the deceased prior to the death may also be permitted to bring a claim.
These individuals may include:
- The surviving parent(s)
- The surviving sibling(s)
- The surviving putative spouse/putative spouse’s children
- The surviving stepchildren
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
What Damages Are Available?
California law allows eligible individuals to seek certain economic and non-economic damages in a wrongful death lawsuit. Generally speaking, some damages are generally attributed to the estate, whereas others are attributed to surviving family members.
With some exceptions, surviving family members can often recover the following damages:
- The value of services, including household services, provided by the deceased
- Loss of expected/anticipated income and/or financial support
- Loss of love, attention, community, affection, guidance, and moral support
Meanwhile, the estate can typically recover damages for the following monetary losses:
- Medical bills associated with treatment provided to the deceased for the final injury/illness prior to death
- Funeral and/or burial costs
- Lost wages/income
- Lost potential income the deceased could reasonably be expected to have earned had he or she not died
You Only Have Two Years to File a Wrongful Death Claim in California
It is important that you do not wait to file a wrongful death claim, as the statute of limitations on wrongful death in California is only two years from the date of death. We encourage you to reach out to our Oakland wrongful death attorneys as soon as possible to discuss your potential case with our experienced and dedicated team.
At Pacific Workers', The Lawyers for Injured Workers, we assist families who have lost loved ones due to tragic workplace accidents, motor vehicle collisions, defective products, and other devastating incidents. When you work with our firm, you get an entire team dedicated to you and your case. We have earned a reputation for our hard-hitting, aggressive legal representation and our willingness to go to trial whenever necessary. Our team has over a 98% success rate in the cases they handle; learn how we can help you and your family today.
Call (888) 740-6434 or submit an online contact form for a no-cost, no-obligation consultation.
Workers' Comp FAQ
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Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
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Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
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What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
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Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
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Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
