The sudden passing of a loved one is a tragic event that can leave families in a state of uncertainty while they mourn and manage affairs. When losing your loved one is the result of someone else’s negligence or carelessness, this further complicates these issues and is when guidance from an Oakland wrongful death lawyer can be invaluable. Our trusted personal injury attorneys aggressively fight for the rights of victims of wrongful deaths and their families by filing lawsuits to seek justice and recover compensation for the future well-being of spouses, children, and other relatives. Reach out to Valero Law Group today to learn more.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim for damages against a party that has caused the passing of another through their neglect, misconduct, or other actions or inactions. Examples of wrongful acts and situations that could create liability for the death of another include:
- Slip and fall accidents
- Pedestrian and bicycle accidents
- Car, truck, and motorcycle wrecks
- Selling a defective product or dangerous drug
- Workplace accidents
Liability for wrongful death can be assigned to individuals, businesses, landowners, and others whose actions breached their duty of care to the deceased person and contributed to their cause of death. Our compassionate Oakland attorneys can review the details surrounding an accident to help a person determine whether they have a valid wrongful death claim.
Who Can File an Oakland Wrongful Death Lawsuit in California?
California Civil Code § 377.60 allows several parties to make claims for damages under a wrongful death lawsuit. The victim’s surviving spouse, children, grandchildren of predeceased kids, parents or guardians, and other persons entitled to the victim’s property through intestate succession may have a right to file a claim depending on the circumstances. The personal representative of the victim’s estate may also file a wrongful death claim on behalf of its heirs. We recommend meeting with an Oakland wrongful death attorney as soon as possible after an incident to obtain guidance on who may have a right to make a claim under California’s wrongful death laws.
Potential Damages to Claim in a Wrongful Death Case
The surviving family members can generally claim the following types of damages in a wrongful death lawsuit as explained in CACI No. 3921:
- Lost financial support
- Other lost benefits and household services
- Funeral and burial costs
- Lost companionship
- Costs for medical care incurred from the incident causing death
Several personal factors may contribute to the amount of compensation obtained for plaintiffs in a wrongful death lawsuit. For example, the victim’s life expectancy, personal health, lifestyle, and occupation could all play a role in the jury’s determination of owed damages. Additionally, claims of contributory negligence, which is when the victim of the wrongful death incident shares fault for their cause of death, could also affect compensation in a case.
Statute of Limitations for Wrongful Death Claims in California
The filing deadline for wrongful death actions in California is two years under the statute of limitations established in Code § 335.1. The two-year period for timely starting a wrongful death lawsuit will generally begin on the date of the victim’s passing. Complying with this civil procedure requirement is essential for maintaining your right to recover compensation through California’s court system. Working with an Oakland wrongful death attorney as early in the process as possible helps ensure this vital timeline is met.
Meet With an Oakland Wrongful Death Attorney
Our Oakland wrongful death lawyers can guide you and your family through all aspects of litigation after the passing of a loved one. We can determine the applicable filing deadline in your case, investigate the cause of death and potentially liable parties, identify available damages, and prepare all filings. Our attorneys are proud to serve the Oakland community through fierce representation that welcomes the opportunity to proceed with a case to trial when necessary. Schedule a free consultation today and we can assist with transportation or accommodate a meeting at your place of convenience.
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