Oakland Wrongful Death Lawyers
Representing Families Throughout Northern California
The unexpected loss of a loved one is perhaps the most devastating and challenging experience a person can endure. 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) intended to compensate the deceased's family members and dependents for certain financial losses and intangible damages.
Common causes of wrongful death include:
- Car Accidents: Traffic collisions are among the leading causes of wrongful death. These can result from driver negligence, distracted driving, speeding, driving under the influence, or defective road conditions.
- Workplace Accidents: Dangerous work environments or employer negligence can cause fatal accidents. This includes construction site accidents, factory explosions, or accidents caused by improper safety measures.
- Pedestrian Accidents: When pedestrians are struck by vehicles, especially in areas without proper crosswalks or traffic signals, it can result in wrongful death.
- Defective Products: A defective product, such as a malfunctioning vehicle part, unsafe drugs, or poorly designed appliances, can cause serious injuries or death. Product liability laws allow victims' families to pursue legal action for wrongful death.
- Premises Liability: If someone dies due to unsafe conditions on a property (e.g., a slip and fall accident, faulty stairwells, or inadequate security), the property owner or manager may be liable for wrongful death.
- Criminal Acts: Intentional acts such as murder, assault, or manslaughter can result in wrongful death claims if someone dies as a result of these actions.
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 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 due to 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.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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“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.”
Jazzie D. Daly City, CA
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I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
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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
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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
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I got a compensation package that I was very happy with!
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Dro L. Redwood City, CA
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Patrick P.
Proudly Serving Northern California
FAQs About Wrongful Death Claims in Oakland, CA
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 or party, whether due to negligence or malice. By law, a death is considered “wrongful” when it results 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 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, 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 financially dependent 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
What is the statute of limitations for filing a wrongful death claim in Oakland, CA?
In California, the statute of limitations for filing a wrongful death claim is typically two years from the date of the deceased person’s death. This means that the family members or heirs must file the claim within two years to ensure their legal right to compensation is preserved. If the claim is not filed within this time frame, the court may dismiss it, and the survivors may lose the opportunity to seek compensation. However, there are some exceptions to this rule, such as when the death was caused by a government entity or in certain medical malpractice cases, so it is important to consult an attorney to confirm the applicable time limits.
How is fault determined in a wrongful death claim in Oakland, CA?
In a wrongful death claim, fault is determined by establishing that the defendant’s actions were the direct cause of the deceased’s death. This is typically done by showing that the defendant was negligent, reckless, or engaged in wrongful conduct. The plaintiff’s legal team must gather evidence, such as accident reports, witness testimony, expert opinions, and medical records, to prove that the defendant’s actions led to the fatality. If fault is established, the court will consider the extent of damages suffered by the surviving family members before determining the amount of compensation.
Can a wrongful death claim be settled outside of court in Oakland, CA?
Yes, many wrongful death claims in Oakland, CA, are settled outside of court through negotiations between the parties involved. Settlement negotiations may involve the defendant’s insurance company, and the parties will try to reach an agreement on the amount of compensation that the surviving family members should receive. A settlement can often be a quicker, less stressful option than a trial. However, it is important for the surviving family members to work with a skilled attorney to ensure that the settlement offer is fair and fully compensates for the loss.
What Damages Are Available in Wrongful Death Claims?
California law allows eligible individuals to seek certain economic and non-economic damages in a wrongful death lawsuit. Generally speaking, some damages are 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
Consideration is also given to the emotional toll of losing a loved one, though quantifying such losses can be challenging. Non-economic damages aim to address the emotional distress and the void left in the lives of surviving family members, which can be profound and long-lasting. Legal representation with an in-depth understanding of these nuances is critical to effectively advocate for the full spectrum of damages available.
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 they not died
Do I need an attorney to file a wrongful death claim in Oakland, CA?
While it is possible to file a wrongful death claim without an attorney, it is highly recommended to hire an experienced lawyer in Oakland, CA, who specializes in wrongful death cases. An attorney will help navigate the complexities of the legal process, gather evidence, negotiate with insurance companies, and represent the interests of the survivors in court if necessary. An attorney can also help ensure that all the necessary legal documents are filed on time and that the family receives the maximum possible compensation for their loss.
Call (888) 740-6434 or submit an online contact form for a no-cost, no-obligation consultation.
