Oakland Wrongful Death Lawyer
Compassionate Wrongful Death Attorney in Oakland, CA
Wrongful death cases are highly complicated and necessitate significant financial resources to prosecute effectively. Not only this, but they can be overwhelming to contend with, as you not only are struggling with the grief of losing a loved one, but you’re also figuring out the legal process.
In this case, you should work with a skilled wrongful death lawyer who knows the laws and can help you get justice for your loved one. Here’s everything you need to know about working with a wrongful death lawyer and how they can help your case.
The Role of a Wrongful Death Attorney
A wrongful death lawyer specializes in representing individuals seeking compensation for a loved one’s death caused by the negligence or wrongdoing of others. A wrongful death lawyer may utilize the tools they have at their disposal to investigate the circumstances surrounding the death of a family member. They will use their insights to determine the at-fault party and advise you of your legal rights.
If you have legal grounds, they could file a lawsuit on your behalf to seek compensation for your losses caused by the death of a loved one. The facts in wrongful death cases are often unclear. People may give contradictory facts about what occurred, perhaps due to genuine confusion. It could also happen when a responsible person or entity tries to cover up or shift blame in a bid to avoid responsibility. A wrongful death attorney can conduct an investigation to determine what happened.
For example, if your loved one was killed in a car accident, a wrongful death lawyer could review the police report, use witness statements, or enlist an accident reconstruction expert. An attorney can also review medical records to determine whether a physician met the standard of care if someone died from a medical error.
Who Can Hire an Oakland Wrongful Death Lawyer?
Under the California Wrongful Death Act, a wrongful death lawsuit is filed by surviving relatives of a deceased’s death caused by negligence, unlawful acts, or reckless behavior. Deaths by negligence can be caused by car accidents or defective products. The laws governing wrongful death lawsuits differ from state to state. Some states limit litigation ability to immediate family members, while others allow distant or non-relatives to sue in certain circumstances.
Other states let only a deceased person’s estate representative file a wrongful death suit. If they receive a financial award, the money is distributed to eligible kin by the representative. Fortunately, if a family in California suffers damages because of a loved one’s wrongful death, they may take legal action to be compensated. Although monetary awards cannot replace a life lost, the goal is to compensate victims for both economic and non-economic damages.
As such, the court takes a few things into account to determine a reasonable amount to compensate the family for their tragic loss. An Oakland injury attorney should prove that the deceased died due to another person’s negligent act or intent to injure the deceased and that surviving beneficiaries have suffered various losses brought about by their loved one’s death.
If the above factors are proven, surviving members of the deceased can seek damages, such as medical expenses incurred from the accident that led to the death. They could pursue compensation for funeral and burial expenses, including income the deceased would have earned if they were still alive. Finally, plaintiffs in a wrongful death suit may also be awarded punitive damages if the defendant’s actions were deemed extremely negligent or outrageous.
How to Find the Right Oakland Wrongful Death Lawyer
It’s critical to work with an attorney with whom you have a good working relationship and one with your best interests at heart. When hiring an attorney, find out the following;
- How many cases of wrongful death they have handled
- If their testimonials and reviews are favorable
- If they have the financial means to prosecute your case. Wrongful death lawsuits are costly, and non-established firms may not have the resources to handle your litigation.
Note that California’s statute of limitations for a wrongful death claim is two years from the deceased person’s death date. When an accident is fatal, you need an attorney who can act quickly to build a solid personal injury claim and recover fair compensation for your losses.
Consult With an Oakland Wrongful Death Lawyer at Setareh Law Today
Although an attorney cannot guarantee a precise settlement amount for your case, some wrongful death claims result in significantly higher settlement amounts than other types of personal injury claims. Depending on the facts of their case, an attorney can assess your case and determine a reasonable amount of financial recovery to look for from the at-fault party. An Oakland wrongful death lawyer at Setareh Law is familiar with practice areas including the laws that apply to your case and will explain your legal rights. Our team also speaks Spanish.