Oakland Wrongful Death AttorneyRequest Free Consultation
If you have lost somebody that you love as a result of the careless, negligent, or intentional actions of another individual or entity in the Oakland area, please accept our sincerest condolences. We understand how difficult of a time this is for you and your family. At Panish Shea & Boyle LLP, our compassionate team is here to help if you need an Oakland wrongful death attorney by your side. We have experience handling complex wrongful death claims throughout California, and we have the resources necessary to help secure the closure and compensation you need by holding at-fault parties responsible for their actions.
Why Turn to Panish Shea & Boyle LLP for a Wrongful Death Claim?
- Our law firm was created in 2005 by attorneys with an extensive track record of litigation against corporate giants. We have continued this track record of success as we handle complex injury claims on behalf of clients.
- We have secured significant personal injury settlements and jury verdicts on behalf of clients, including more than $10 billion in total compensation recovered for clients over the years.
- We limit the number of cases that we take so that we can devote all of our attention to those who need our help the most.
What Will an Attorney Do to Help an Oakland Wrongful Death Claim?
Wrongful death claims can be incredibly challenging, particularly for family members who are still grieving the loss of a loved one. The reality is that an attorney needs to get involved with handling every aspect of these claims on behalf of family members and estates in California. An attorney can use their resources to:
- Conduct a complete investigation into the cause of death and help determine liability.
- Enlist the assistance of financial and economic experts who can help calculate a family’s total expected losses.
- Negotiate with every party involved in order to ensure that the family receives adequate compensation for their loss.
Who Can File a Wrongful Death Claim in Oakland?
When we turn to the California Code of Civil Procedure 377.60, we can see that there are various parties who can file wrongful death claims in civil court. This includes the following:
- Surviving spouse of the deceased
- Domestic partner of the deceased
- Surviving children of the deceased
- Grandchildren of the deceased if the grandchild’s parent is also deceased
If there is no surviving person and the deceased’s line of descent, then these cases can be brought by any other party who may be entitled to the property of the deceased through the Intestate succession process. This can include a deceased person’s parents, siblings, or another person dependent on the deceased at the time of death.
How Do Oakland Wrongful Death Claims Arise?
When we look at the wrongful death law in California, we can see that these cases arise when a person loses their life due to the “wrongful act or neglect of another…”
There may be various parties that can be held liable for the wrongful death of another, and some of the most common ways that these cases arise include the following:
- Car accidents, including drug and alcohol-impaired incidents
- Commercial truck accidents
- Pedestrian and bicycle accidents
- Drowning incidents
- Assault and battery
- Murder or manslaughter cases
- Elder abuse or neglect
- Child abuse or neglect
- Medical mistakes
- Aviation accidents
- Boating accidents
Types of Compensation Available to Family Members?
California law states that damages for a wrongful death claim will fall into two categories – “economic damages” and “non-economic damages.”
- Economic damages. These types of losses are relatively calculable after a wrongful death occurs and include the following:
- Financial support that the deceased would have provided to their family had they survived
- Gifts or benefits the family member would have been expected to provide throughout their lifetime
- A reasonable dollar value of household services the deceased would have provided
- Funeral and burial expenses
- Non-economic damages. These types of losses are harder to calculate because they do not necessarily come with any bills or receipts that can be added up. Some of the more immeasurable losses that compensation can be secured for include:
- The loss of the deceased’s “love, companionship, comfort, care, assistance, protection, affection, society, and moral support”
- The loss of a partner’s enjoyment of intimacy, also known as loss of consortium damages
- The loss of guidance the deceased would have provided family members, including to their children
Time Limit to File an Oakland Wrongful Death Claim
It is crucial to understand that there is a limited amount of time to file these claims in court. Oakland wrongful death cases need to be filed within two years from the date of death. If the family members for the estate of the deceased fail to file a lawsuit against the alleged negligent party within this two-year timeframe, they will not be able to recover the compensation they are entitled to.
There are various exceptions to this time frame, and we strongly encourage you to contact our personal injury lawyers to discuss the deadlines that you need to be aware of.
Affording an Oakland Wrongful Death Lawyer
At Panish Shea & Boyle LLP, we take Oakland wrongful death claims on a contingency fee basis. This means that our clients will not have to worry about paying any upfront or out-of-pocket costs related to their case. In fact, clients will not pay any legal fees until after we recover the compensation they are entitled to for their tragic loss. Additionally, if we do not win the case, family members will not be responsible for paying any legal fees at all.
Call an Oakland Wrongful Death Attorney Today
If you have lost a loved one as a result of the careless or negligent actions of another individual or business in the Oakland area, reach out to the team at Panish Shea & Boyle LLP for help today. We are standing by to offer compassionate assistance to grieving family members as they work to understand what happened. We want to make sure that you and your family recover the closure and compensation you are entitled to for your tragic loss. When you need an Oakland wrongful death attorney, you can contact us for a free consultation by clicking here to fill out our contact form or calling us at (310) 477-1700.