Oakland Wrongful Death Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Compassionate Oakland Wrongful Death Attorneys Dedicated To Protecting Families And Winning Cases
Losing a loved one is heartbreaking, but when their death is preventable, the pain is even more unbearable. In these moments, you need compassionate Oakland wrongful death attorneys who will stand by your side and fight for the justice your loved one deserves. Call us today at (888) 488-1391, and let us help you navigate this painful journey with care, strength, and experience.
Tragic fatalities can happen in various situations, such as car crashes, workplace incidents, or other accidents. A wrongful death claim arises when an individual’s death is caused by another party’s negligence, recklessness, or intentional misconduct, and their surviving family members are legally entitled to seek compensation. While no legal action can bring back your loved one, holding the responsible party accountable can provide financial relief and a sense of justice for your family.
Our wrongful death lawyers are here to ease that burden. We will handle every aspect of your claim so you can focus on healing. From covering funeral expenses to securing the financial stability your family needs, our dedicated team will fight to get you the maximum compensation possible. No one should have to suffer alone, and we are here to help you find justice and peace.
Get The Justice You Deserve With Our Oakland Wrongful Death Attorneys
Arash Law, one of the biggest personal injury law firms in California, recognizes the profound emotional and financial burden that a wrongful death places on families. Our lawyers understand the weight of your loss and are here to help. Here’s why families across Oakland trust our wrongful death attorneys to stand by their side in their most difficult moments:
- Genuine Compassion — We know that no amount of money can ever replace your loved one, but we also understand the financial burden that follows a tragedy. Our attorneys listen, support, and stand by you with kindness and care.
- Sharp Legal Expertise — With a deep knowledge of California wrongful death laws, our lawyers meticulously investigate every case. From gathering evidence to negotiating with insurance companies, we leave no stone unturned in building a powerful claim on your behalf.
- Personalized Attention — You are not just another case to us. Our attorneys take the time to understand your family’s unique situation. We will keep you informed at every step and offer honest legal advice tailored to your needs.
- Fierce Advocacy — Insurance companies and corporations will try to minimize your claim, but we won’t let them. Our lawyers are aggressive negotiators and relentless litigators who will fight to recover maximum compensation for funeral costs, lost income, pain and suffering, and more.
- Vast Network — We partner with top investigators, medical experts, and industry specialists to strengthen your case. Our extensive resources give you an undeniable advantage in proving liability and securing the justice your loved one deserves.
Your family’s well-being is our top priority, and we won’t rest until you get the justice and financial support you need. Call (888) 488-1391 today to speak with our compassionate wrongful death attorneys and take the first step toward healing.
Notable Cases We’ve Won
When tragedy strikes, no amount of money can ever truly make up for the loss and suffering a family endures. However, holding the responsible parties accountable can provide a sense of justice, closure, and financial security for the future.
A distracted driver tragically killed our client’s family member in a heartbreaking wrongful death case. While nothing can bring her back, we obtained $1,500,000 from the at-fault driver and went beyond that. The decedent was a devoted church volunteer, so we also secured a private donation to her church as part of the settlement. Through this, we were able to make a meaningful difference in the lives of those left behind.
In addition to that, we have achieved record-setting case results for many injured victims. Here are some examples:
- $41,950,000 — A homeless man, using an unsecured baseball bat, attacked a couple shopping in the store. The court found Walmart 50% liable for the assault for failing to secure its merchandise.
- $18,700,000 — Our client suffered catastrophic leg injuries when farm machinery collapsed on him. The defendant refused to take responsibility, forcing us to fight for justice through arbitration, where we secured a substantial amount.
These results are more than just numbers; they represent justice, accountability, and the relentless advocacy we provide to every client. If you’ve lost a loved one due to negligence, let us fight for you. Call our Oakland wrongful death lawyers at (888) 488-1391 today.
Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020;– JUDD ROSS ALLEN
How Our Lawyers Can Help You With Your Wrongful Death Claim
Our lawyers handle every aspect of wrongful death cases in Oakland to make sure that families don’t have to navigate the legal process alone. We conduct thorough investigations to determine what led to the loss and identify those responsible. Our team gathers crucial evidence, interviews witnesses, and works with experts to establish liability.
To ensure your family receives fair compensation, we collaborate with financial and economic specialists who assess the full extent of your losses, including lost income, medical expenses, and emotional suffering. We also take on the burden of negotiating with insurance companies and all involved parties, fighting for the maximum restitution your family deserves. Our goal is to provide legal support while allowing you to focus on healing.
Usual Causes Of Wrongful Death
Several situations can lead to the untimely loss of a loved one, often due to negligence, recklessness, or misconduct. Below are some of the most common causes of wrongful deaths.
Motor Vehicle Accidents
Negligent driving behaviors such as speeding, distracted driving, impaired driving, and reckless maneuvers significantly increase the risk of fatal accidents. If you’ve lost a loved one due to a motor vehicle crash, our experienced car accident lawyers, who also handle wrongful death cases, can aid you in seeking justice and reparation. Some of the common types of motor vehicle accidents include:
Premises Liability
Property owners have to keep their premises safe. When they fail to do so, fatal accidents can occur. Hazardous conditions like slippery floors, poor security, broken staircases, or exposed wiring increase the risk of electrocutions or other severe injuries, which can ultimately result in fatalities. Some of these incidents include:
- Slip and fall accidents
- Swimming pool drownings
- Negligent security incidents
- Structural collapses
- Fires and explosions
Workplace Accidents
Workplaces, particularly those with heavy machinery, hazardous substances, or construction materials, can be extremely dangerous. When employers neglect safety regulations or fail to provide proper training and equipment, they expose workers to life-threatening risks. In some cases, these unsafe conditions lead to severe injuries or even wrongful death, such as:
- Construction site accidents
- Industrial machinery failures
- Exposure to toxic chemicals
- Falls from heights
- Electrocutions
Defective Products
Faulty or dangerous products can cause fatal injuries when they malfunction or fail to meet safety standards. Defects in medical devices, auto parts, household appliances, or children’s toys can lead to life-threatening accidents and wrongful death claims against manufacturers or distributors.
Wrongful death cases are tragic and often preventable. If your loved one’s death was caused by negligence or misconduct, taking legal action can bring accountability and financial relief to your family. Our dedicated Oakland accident lawyers, who also handle wrongful death cases, are here to support you every step of the way.
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Parties Who Can Bring A Wrongful Death Claim
Unlike other personal injury claims, wrongful death cases require a unique legal approach when presented in court. Strict laws define who can file a claim, when they can bring it, and what damages they can recover. That’s why it’s essential to have an experienced Oakland wrongful death attorney by your side — someone who understands the legal system and knows how to fight for the justice and compensation your family deserves.
In California, you can file a wrongful death claim when someone loses their life due to another’s wrongful act or negligence. However, only certain individuals have the legal right to bring a claim, including:
- The spouse or domestic partner of the deceased.
- The children of the deceased.
If the victim had no surviving spouse or children, other close family members may be eligible to file a claim, such as:
- Siblings
- Parents
Additionally, certain individuals who were financially dependent on the deceased may also have the right to file a claim. These claimants include a putative spouse (someone who reasonably believed they were legally married to the deceased) and stepchildren, if any.
Every wrongful death case is different, and determining eligibility can be complicated. Our skilled Oakland wrongful death attorneys are here to help you understand your rights and guide you through every step of the legal process. Call (888) 488-1391 today to get the answers and support you need.
How Our Lawyers Establish Negligence In Wrongful Death Cases
Proving negligence in a wrongful death case requires more than just showing that someone made a mistake; it involves demonstrating that their reckless or careless actions directly caused the loss of a loved one. To establish negligence, our lawyers will prove these four key elements:
- Duty of Care — We will prove that the responsible party owed a duty of care to the deceased. This means they had a legal obligation to act responsibly and avoid causing harm.
- Breach of Duty — We must then demonstrate that the responsible party failed to fulfill their legal responsibility, either through negligence or reckless behavior. For instance, a driver who was texting behind the wheel and ran a red light, leading to a fatal collision, failed to uphold their duty to drive safely and responsibly.
- Causation — It’s not enough to show that someone acted negligently; we must prove that their actions directly led to the wrongful death. For example, if a property owner ignored safety hazards, leading to a fatal fall, we would need to prove that the hazardous conditions directly caused the victim’s death and were not just a coincidence.
- Damages — We will demonstrate that the wrongful death led to measurable losses affecting both the deceased and their loved ones. These losses may include medical bills, funeral and burial expenses, lost wages, and the emotional suffering experienced by surviving family members.
Wrongful death cases often involve powerful insurance companies or corporations trying to avoid responsibility. Our attorneys are relentless in gathering evidence, consulting experts, and fighting for the justice your family deserves.
If you believe negligence caused your loved one’s death, don’t wait. Call (888) 488-1391 today for a free consultation, and let us seek justice and financial security for your family.
Key Evidence Needed To Prove Negligence In A Wrongful Death Case
To establish negligence in a wrongful death case, you must provide clear evidence that someone else’s carelessness or wrongdoing caused your loved one’s death. Our attorneys work diligently to build a compelling case by gathering crucial evidence that demonstrates liability and the impact of your loss.
Here are some essential pieces of evidence to support your claim:
- Photographs of the accident scene.
- Witness statements detailing what happened.
- Medical records showing the treatment(s) received after the accident.
- Documentation of deviations from the standard of care in medical malpractice cases.
- Employment records reflecting lost income and potential future earnings.
- Testimonies from family members about the deceased’s contributions to the household.
- Funeral and burial expense records.
Having the right evidence strengthens your case and ensures that your family receives the justice and financial support you deserve. Speak with our wrongful death attorneys in Oakland for free legal advice and find out how we can assist you in seeking the reparation your family needs during this difficult time.
Types Of Claims In Wrongful Death Cases
Plaintiffs can file two distinct legal claims in wrongful death cases. The first is a wrongful death claim, which the deceased’s family brings to seek reparation for their losses resulting from their loved one’s passing. The second is a survival action claim, which is filed on behalf of the deceased’s estate to recover damages for specific losses the deceased experienced before their death.
Here’s a closer look at each type of claim:
Wrongful Death Claims
California law divides compensation for a wrongful death claim into two main categories: economic and non-economic damages. These damages help families recover both the financial and emotional losses they have suffered due to the untimely death of their loved one.
- Economic Damages — These are the measurable financial losses that directly impact the surviving family members. They include:
- Loss of financial support the deceased would have provided.
- Value of gifts or benefits the family would have received.
- Loss of household contribution (e.g., childcare, maintenance).
- Funeral and burial expenses.
- Non-Economic Damages — These damages are harder to quantify because they represent the emotional and psychological impact of losing a loved one. They include:
- Loss of love, companionship, and emotional support.
- Loss of care, guidance, and mentorship.
- Loss of consortium (intimacy and affection for a spouse or partner).
While no amount of money can replace a loved one, pursuing a wrongful death claim can relieve financial stress and hold the responsible party accountable. If you want to understand the value of your case, speak with our experienced wrongful death lawyers in Oakland today.
Survival Actions
A survival action is filed by the deceased’s estate, represented by an executor or administrator, to seek reimbursement for the damages the deceased suffered before passing. This type of claim focuses on the harm the deceased experienced rather than the losses of surviving family members.
Some of the recoverable damages in a survival action claim include:
- Medical expenses related to the decedent’s injury.
- Pain and suffering they endured before death.
- Lost wages or income resulting from the injury.
- Punitive damages (if applicable).
California law allows only one wrongful death lawsuit per deceased individual, so multiple surviving heirs cannot file a separate lawsuit. Therefore, all eligible beneficiaries must be included in a single lawsuit to ensure their rights are protected. A wrongful death claim and a survival action can be filed simultaneously, as they serve distinct purposes.
Our experienced Oakland wrongful death attorneys will guide you through the legal process, ensuring your family receives the full indemnity. We will handle every aspect of your case, from gathering evidence to negotiating with insurance companies, so you can focus on healing and honoring your loved one’s memory.
Settlement in a brake failure case involving a commercial defendant – case dropped by prominent local law firm; client suffered foot injury– JUDD ROSS ALLEN
Deadline For Filing A Wrongful Death Lawsuit
California law sets a strict time limit, known as the statute of limitations, for filing a wrongful death lawsuit. In most cases, families have two years from the date of their loved one’s passing or from when they reasonably discovered the cause of death to take legal action. However, exceptions may apply depending on the circumstances, so it’s essential to seek legal guidance as soon as possible.
It’s important to act quickly; the sooner you talk to an experienced wrongful death lawyer, the stronger your case will be. Our dedicated Oakland personal injury lawyers can assist you through the legal process of a wrongful death lawsuit, figure out how much your claim is worth, and fight for justice and fair restitution.
Question People Frequently Ask About Wrongful Death Cases
Arash Law lawyers answer many common questions about wrongful death claims, helping families understand their legal rights and options. These answers provide clarity during a difficult time and guide you through the legal process. If you need more information or personalized legal advice, call us at (888) 488-1391 to speak with one of our experienced wrongful death attorneys today.
How Do We Know If We Have A Wrongful Death Case?
The best way to determine if you have a valid wrongful death case is to consult with our experienced Oakland attorneys. They will assess the circumstances, examine the evidence, and guide you through your legal options. In general, if liability is clear and there is an insurance policy or other means of monetary settlement available, you may have a strong claim.
Every case is unique, so a thorough investigation is essential before proceeding with legal action. Fill out our “Do I Have A Case?” form now, and let our legal team assess your situation and guide you toward justice.
Are Wrongful Death Settlements Taxable?
In most cases, wrongful death settlements in California are not subject to federal taxes. According to the Internal Revenue Code, wrongful death compensation generally does not count as taxable income. However, exceptions exist, especially when punitive damages are involved, as these may be taxed.
Since tax implications can be complex, it’s best to consult with our wrongful death lawyers in Oakland. They can connect to legal and financial experts who can provide guidance tailored to your situation.
How Do We Divide A Wrongful Death Settlement?
Eligible family members and beneficiaries typically share the settlement. If the family reaches an agreement, they can divide the compensation accordingly. However, if disagreements arise, the court will step in to allocate the funds based on factors such as financial dependency and economic need.
In most cases, children of the deceased and financially dependent parents receive a significant portion of the settlement. Our experienced Oakland wrongful death attorneys can assist in ensuring a fair distribution and protecting the rights of all deserving family members.
How Much Is Our Wrongful Death Lawsuit Worth?
The value of a wrongful death lawsuit depends on several factors, including the circumstances of the case, the financial losses suffered, and the emotional impact on surviving family members. Compensation may cover funeral and burial costs, loss of companionship, and other damages. Every case is unique, so the best way to determine the worth of your claim is to consult with our experienced wrongful death lawyers in Oakland. They can assess your situation and calculate the approximate damages applicable.
When Should I Contact An Experienced Wrongful Death Attorney Near Me?
If you’re thinking, “I need a personal injury lawyer,” the time to reach out is now! The sooner you contact our experienced wrongful death attorneys in Oakland, the better we can protect your rights, gather crucial evidence, and build a strong case. Call us now at (888) 488-1391, and let us assist you in pursuing the justice and financial recovery your family deserves.
Get Justice With The Leading Wrongful Death Attorneys In Oakland
Losing a loved one due to someone else’s action is devastating, but you don’t have to navigate the legal process alone. You and your family deserve justice, and we are here to fight for it. Our experienced wrongful death attorneys in Oakland are ready to stand by your side, ensuring you receive the compensation and accountability needed to honor your loss. We offer free accident lawyer advice and are committed to guiding you through this difficult time with compassion and expertise.
Call us today at (888) 488-1391 or fill out our contact form to get started. We ensure language is never a barrier to legal representation, providing multilingual support in Spanish, Italian, Farsi, Korean, French, Mandarin, and more. We proudly serve clients in other areas, including Piedmont, Fruitvale, Alameda, Emeryville, Berkeley, Albany, San Leandro, Newark, and Fremont. Let us guide you in seeking justice because your family’s future matters.
