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 a person is injured due to another party’s fault, they can seek compensation. If a person dies from injuries caused by another party’s fault, their family members have the right to recover compensation for their damages.
At Jacoby & Meyers, we understand that no amount of money can compensate for the loss of someone dear to you. However, seeking justice can help empower you, and financial compensation can help ease some of the burdens caused by your loved one’s death.
The compassionate wrongful death attorneys at Jacoby & Meyers have more than 50 years of experience protecting the rights of injury victims and their families. We have a proven track record of winning big for our clients and want to do the same for you.
Call us at (510) 616-9169 or visit our contact page now to schedule a free consultation to discuss your case. We will listen to you, answer your questions, explain your rights, and help you take the steps to get the justice and total compensation you deserve.
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.
Our compassionate wrongful death lawyers have more than five decades of experience protecting the rights of wrongful death clients and getting them the maximum compensation they deserve. We want to do the same for you.
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 and help you take the steps to get justice and the total compensation you are entitled to.
Call or text 888-522-6291 or complete a Free Case Evaluation form