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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They didn't give up on me.
“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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Thank you for being so kind!
“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.”
L.S. Union City, CA
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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!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
Patrick P.
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Your team was great to work with!
“You took nothing and made it out of something. I felt like I mattered! Everyone was very professional and caring.”
Heather Flores Bakersfield, CA -
“¡Farber hizo que fuera muy fácil y sin estrés para mí! Ellos hicieron todo el trabajo duro y me hicieron sentir tranquila en la situación que estaba atravesando. Nunca habría esperado que el resultado fuera tan bueno. Me mantuvieron al día de todo lo que pasaba en mi caso. Todos los abogados con los que traté eran tranquilizadores y positivos. Recomendaría a Farber a cualquier empleado que necesite ayuda con su compensación de trabajadores.”
Janette D. -
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!
“Iana and Sergio are very helpful, and Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work they have been helping me out through my trying time and doing a damn good job with dealing with stuff that I can't handle and I really appreciate all their help if you ever need help with an injury at work this is the place to go.”
Lamar B. Santa Clara, CA -
Bilal is very professional, caring and committed to his clients!
“My lawyer Bilal took the time out on a late Friday afternoon to meet with me and answer some questions that I had. Who stays late and meets with you on a Friday afternoon? Very few do, Bilal does. It speaks to his professionalism, caring, and commitment to his clients. Which creates a culture value at PWC. This is only one example of my experience with them, there are many more just like this.”
Guy H. Novato, CA -
PWC has provided me with exceptional care!
“My experience with them has been exceptional. They are caring, devoted and professional. They had turned a stressful situation into one that does not cause anxiety.”
Jaaziel B. -
The attorneys and employees at PWC are angels!
“Thank goodness for my team of lawyers and assistants that always take the time to listen to my concerns, answer my questions, and act on my behalf when my company does nothing!! Someone else said it, and I second that the people at PWC are angels!! At least I feel that someone is on MY side now!”
Heikelyn J. -
I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center!
“I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center. They worked tirelessly to receive the best care, and finally a C&R settlement from SCIF for me. Without them, I would have been just another injured worker without medical treatment.”
Martha M. -
For anyone out there looking for a 'Worker's Comp attorney,' look no further!
“For anyone out there looking for a 'Worker's Comp attorney,' look no further. Robert Davis is the man you want on the case. Robert truly cares for his clients; he will help you through the tough times, with a no-nonsense approach to your situation. Robert is a good man that never leaves any doubt in your mind and always makes you feel like he is the best man for the job.”
Francisco P. Hayward, CA -
Exceptional Customer Service
“I would recommend Pacific Workers' Compensation Law Center to my family and friends. I was so blessed to talk with AlMarie in March 2018 after receiving horrible service from another attorney's office. AlMarie took the time to talk to me and give me the information that I needed. Lauren and Alex are super great, and I feel I made a good decision for the law center to represent me. I received my packet with great information, resources, and how to communicate and contact the team who will be assisting me and working on my case.”
T. Davis Addison San Leandro, CA -
Jason exuded complete confidence in my case & really understood what I went through!
“My attorney Jason Insdorf exuded complete confidence in my case and made me feel like he really understood what I've been through (didn't hurt to read about his extensive credentials and expertise specific to my case). Karla Ortega made me feel at ease, listening intently when I explained details dating back 12+ years. Also, I was very impressed by the compassion, communication, and overall professionalism.”
Matthew U. Modesto, CA -
Pacific Workers' Compensation helped me get the justice I deserved!
“It was my first injury at a job and I did not know what to do. I did not know if my rights as an employee were being met. So, I was able to call to ask Pacific Workers' Compensation about my injury that occurred and what were my rights as an employee. They were able to help me get justice.”
Victoria M. Santa Cruz, CA -
After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.
“My caseworker is amazing. She is quick to respond to my messages and concerns. Before contacting Pacific Worker's Compensation, I was getting the run around with my doctors and worker's compensation insurance for my employer. After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.”
Brandy L. Fairfield, CA -
Bilal is always kind, professional, compassionate and explains everything thoroughly!
“Bilal Kassem is the nicest attorney a person dealing with a workers compensation mess can ask for. Always kind, professional, compassionate, and explains everything clearly.”
Emi B. Vallejo, CA -
They were a headache & stress rellief!
“Kiki was such a help. She works with Robert Davis. After dealing with the ins Co and there run around, blood pressure tossing, I turned my case one to PWC. No more headaches, no stressing, just relief. Thank you, Kiki and Robert & Pacific Workers Compensation.”
Debra McLaughlin Benicia, CA
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.
