Your world can be shattered when a loved one dies in a preventable accident. Your grief may be combined with anger and a sense of injustice.
If your loved one died because of another person’s negligence, recklessness, or intentional action or inaction, you may have the right to file a wrongful death action.
A wrongful death action could be thought of as a continuation of a personal injury action.
If an individual sustains injuries due to the negligence of another party, they may seek recovery for documented economic and non-economic losses as permitted under California law. In the event of a fatal injury, eligible family members may assert a wrongful death claim under Code of Civil Procedure § 377.60 to seek recovery for their own losses, such as funeral expenses and loss of companionship. Additionally, a survival action under CCP § 377.30 may be brought by the decedent’s estate to recover economic damages—such as medical bills and lost earnings—incurred by the decedent prior to death.
At Jacoby & Meyers, we recognize the profound impact of losing a loved one. While no recovery can replace a family member, California law provides specific legal pathways to address the financial and emotional burdens following a fatal incident. Under Code of Civil Procedure § 377.60, eligible heirs can seek recovery for their own losses, including funeral expenses and loss of companionship. Additionally, a survival action under CCP § 377.30 allows the decedent’s estate to seek recovery for economic damages—such as medical bills and lost earnings—incurred by the decedent prior to death. Our legal team provides the professional advocacy necessary to identify the recovery permitted under California law.
The Oakland injury attorneys at Jacoby & Meyers have a 50-year history of dedicated legal advocacy for injury victims throughout Northern California. Our firm has secured more than $2 billion in total recoveries, reflecting our commitment to helping clients navigate the legal process to seek the recovery permitted under California law for their documented losses.
You can schedule a no-cost consultation to discuss the facts of your case by calling us at (510) 616-9169 or visiting our contact page. Our legal team provides dedicated advocacy to answer your questions, explain your rights under California law, and help you navigate the necessary steps to seek the recovery permitted for your documented losses.
Types of Oakland Wrongful Death Actions
Any type of death caused by another party’s wrongful actions or inactions can give rise to a wrongful death claim. Some of the most common causes of wrongful death include:
- Motor vehicle accidents, including car, truck, motorcycle, and boat
- Defective or dangerous products
- Medical negligence or malpractice
- Dangerous property accidents
- Workplace accidents
- Construction accidents
- Criminal activity
- Abuse or neglect
These are just some of the possible causes of wrongful death. If you think your loved one may have died due to the fault of another party, seek the advice of an Oakland wrongful death attorney.
Who Can File an Oakland Wrongful Death Claim?
Under the California Code of Civil Procedure article 377.60, the following people may bring a wrongful death action:
- The surviving spouse, domestic partner, children, and children of deceased children may bring a claim.
- If the decedent has no surviving issue, the persons entitled to inherit under the California intestacy laws can bring a claim.
- If they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or legal guardians may bring a claim.
- At the time of the decedent’s death, any minor who resided for the previous 180 days in the household and was dependent on the decedent for at least half of their support may file a claim.
Who can file a claim and when can be confusing. If you think you may have a right to file a wrongful death claim, you should speak to an Oakland wrongful death attorney as soon as possible.
Oakland Wrongful Death Statute of Limitations
A statute of limitations sets the deadline for filing a claim. In a wrongful death action, you generally have two years from the date of death to file a claim.
However, there are exceptions.
A claim against a government entity has a much shorter deadline of just six months.
If the surviving loved ones did not discover, or should not have discovered through reasonable diligence, the cause of their loved one’s death until later, they may have longer to file their claim.
You must consult with an experienced Oakland wrongful death attorney as soon as possible to determine the statute of limitations for your case.
You cannot recover compensation if you miss your deadline for filing your claim.
Another essential reason to act quickly after a wrongful death is to protect the evidence. Evidence can be lost, destroyed, or diminished over time, so gathering and preserving it as soon as possible is essential.
The Oakland injury attorneys at Jacoby & Meyers act swiftly to investigate the potential causes of death and all potentially liable parties. We immediately gather and preserve evidence to support your claim and build your strongest case.
Oakland Wrongful Death Types of Compensation
Three types of compensation could be recoverable in a wrongful death action:
- Economic damages
- Non-economic damages
- Exemplary/Punitive damages
Economic damages are those that are easier to value and calculate. In a wrongful death action, they may include:
- Funeral and burial expenses
- Loss of the decedent’s income
- Value of the deceased’s household contributions
- Loss of financial support
Noneconomic damages are more subjective and less easily valued. In a wrongful death case, they could include:
- Loss of love, companionship, emotional support, and guidance
- Loss of consortium
- Loss of moral support
- Loss of training and guidance
Exemplary or punitive damages are not meant to compensate the victims but to punish the wrongdoer and deter similar behavior in the future.
Courts rarely award exemplary damages. To recover exemplary damages, you must prove, by clear and convincing evidence, that the defendant’s actions included malice, oppression, or fraud.
You need the representation of an experienced Oakland wrongful death attorney with a proven track record of recovering every dollar their clients deserve. At Jacoby & Meyers, our attorneys leave no stone unturned in identifying all potential damages and the evidence to prove them.
Schedule a Free Consultation With An Oakland Wrongful Death Attorney
If you have lost a loved one due to the negligence, recklessness, or intentional acts of another party, you may be entitled to bring a wrongful death action to recover damages.
We understand that money will never compensate for your loss. However, seeking justice can help bring a sense of empowerment, and financial compensation can help ease some of the financial burdens caused by your loved one’s death.
The wrongful death attorneys at Jacoby & Meyers have a 50-year history of dedicated legal advocacy for families throughout California. Our firm has secured more than $2 billion in total recoveries, reflecting our commitment to helping clients navigate the legal complexities of wrongful death claims under Code of Civil Procedure § 377.60. We provide the professional advocacy necessary to document your losses and seek the recovery permitted under California law for funeral expenses, loss of financial support, and loss of companionship.
Call us at (510) 616-9169 or complete the short form on our contact page to schedule a free consultation to discuss your case.
We will listen to your story and answer your questions. Then, we will explain your rights under California law and identify the legal steps necessary to seek the recovery permitted for your documented losses. Our legal team provides the professional advocacy required to navigate the complexities of your claim and pursue the result allowed by the specific facts of your case.
Our Oakland Office
Jacoby & Meyers Accident & Injury Lawyers – Oakland
66 Franklin St Suite 300,
Oakland, CA 94607