Oakland Wrongful Death Attorney

Perhaps the only thing more devastating than losing a loved one is when the loss is caused by another’s negligence. Compounding the tragedy are the unforeseen financial complications such as medical bills, funeral costs, and loss of support. Our Oakland wrongful death attorneys understand the hardships that follow the death of a loved one, and we can help stabilize your emotional, physical, and financial health.

Who Can File a Wrongful Death Lawsuit?

Only certain people qualify to file a wrongful death lawsuit for a family member or loved one. Refer to the California Code of Civil Procedure if you wish to see the guidelines in great detail.

According to the code, these people are allowed to file a wrongful death lawsuit.

  • Surviving spouse
  • Domestic partner
  • Children of the deceased

Other parties can file for damages if any of the above people do not exist. These parties include the following:

  • Putative spouse and children
  • Other dependants of the deceased
  • Stepchildren
  • Parents of the deceased

Multiple parties can sue for wrongful death, but the law only permits one wrongful death lawsuit per death. For example, a decedent’s children and parents can not file separate lawsuits, but they can file together.

What Constitutes a Wrongful Death in California

We can work to recover damages if your loved one died as a result of someone’s negligence. Examples of negligence may include any of the following:

  • Fatal transportation accidents: Any accident involving vehicles, semi-trucks, delivery trucks, tractor-trailers, 18-wheelers, aviation, boats, motorcycles, bikes, and pedestrians.
  • Medical malpractice or nursing home neglect
  • Defective products
  • Workplace deaths
  • Fatal slip and fall accidents

If you have questions about whether your situation constitutes a wrongful death, reach out to our team now.

What Compensation is Available in a Wrongful Death Lawsuit?

Compensation in a wrongful death lawsuit covers medical costs and practical losses, among other considerations. It also varies from case to case as each suit is different. Typically, however, the following factors are used to calculate damages.

  • Accident Expenses: Includes any costs relating to an accident that resulted in the victim’s death.
  • Medical Expenses
  • Funeral Costs
  • Economic Damages: Any expense or loss of income brought about by the wrongful death of a loved one.
  • Non-Economic Damages: Compensation may be awarded for emotional damage incurred from the victim’s death. Pain and suffering and loss of companionship are common examples of pain and suffering. The State of California does not put a limit on compensation for emotional damages, except in the case of medical malpractice suits.

Contact an Oakland Wrongful Death Attorney for Help

The death of a loved one causes unimaginable pain. While we know that compensation from a wrongful death lawsuit won’t make up for your loss, we hope compensation may aid in the closure of this tragic event.  Our goal is to help provide you with physical, emotional, and financial stability in the years to come.

In California, the statute of limitations term to file a wrongful death lawsuit is two years, so don’t delay. Contact Bogaards Law now to schedule a consultation. Our experienced team helps victims of wrongful death in Oakland receive the damages they deserve. 

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