The loss of a loved one can be difficult, especially when it results from a preventable incident. Families may experience grief along with questions about what happened and what legal options may be available.
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 impact of losing a loved one. While no recovery can replace a family member, California law provides 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 legal advocacy for injury clients throughout Northern California. Our firm has secured more than $2 billion in total recoveries, reflecting our experience in helping clients navigate the legal process to seek 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 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 more 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 examples of potential causes of wrongful death. If you think your loved one may have died due to the fault of another party, you may wish to seek guidance from 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, persons entitled to inherit under California intestacy laws
- If dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or legal guardians
- Any minor who resided in the household for the previous 180 days and was dependent on the decedent for at least half of their support
Who can file a claim and when can be complex. If you believe you may have the right to file a wrongful death claim, you may wish to consult with an Oakland wrongful death attorney.
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 shorter deadline, often six months.
If the surviving loved ones did not discover, and could not reasonably have discovered, the cause of death until later, additional time may apply.
Consulting with an Oakland wrongful death attorney can help clarify the applicable deadlines for your situation.
Missing a filing deadline may affect the ability to pursue a claim.
Another consideration after a wrongful death is preserving evidence. Evidence may be lost or become less reliable over time, so timely documentation can be important.
The Oakland injury attorneys at Jacoby & Meyers conduct investigations into the potential causes of death and identify potentially liable parties. We gather and preserve evidence relevant to the claim.
Oakland Wrongful Death Types of Compensation
Three types of damages may be available in a wrongful death action:
- Economic damages
- Non-economic damages
- Exemplary/punitive damages
Economic damages are generally more quantifiable. In a wrongful death action, they may include:
- Funeral and burial expenses
- Loss of the decedent’s income
- Value of household contributions
- Loss of financial support
Non-economic damages are more subjective. In a wrongful death case, they may 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 intended to compensate but to penalize certain conduct and deter similar behavior.
Courts rarely award exemplary damages. To recover exemplary damages, there must be clear and convincing evidence of malice, oppression, or fraud.
Legal representation may assist in identifying applicable damages and supporting evidence.
Schedule a Free Consultation With An Oakland Wrongful Death Attorney
If you have lost a loved one due to the actions or inaction of another party, you may be entitled to bring a wrongful death action to seek damages.
While financial recovery cannot replace a loss, it may help address certain financial burdens associated with the incident.
The wrongful death attorneys at Jacoby & Meyers have a 50-year history of legal advocacy for families throughout California. Our firm has secured more than $2 billion in total recoveries, reflecting our experience in handling wrongful death claims under Code of Civil Procedure § 377.60. We provide the professional advocacy necessary to document losses and seek 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 o 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 outline the legal steps that may be available based on the facts of your case. Our legal team provides the professional advocacy required to navigate the complexities of your claim and pursue recovery permitted under California law.
Our Oakland Office
Jacoby & Meyers Accident & Injury Lawyers – Oakland
66 Franklin St Suite 300,
Oakland, CA 94607