Oakland Wrongful Death Lawyers

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.