Alameda Wrongful Death Lawyer
The unexpected loss of a close relative is painful and devastating to families. When another party or entity’s carelessness or negligence causes the loss of a loved one, surviving family members may be entitled to compensation for their loss through a wrongful death claim. While no amount of money may undo the pain and devastation that comes with the sudden death of a loved one, it may help provide survivors with the means for a more secure future. Surviving family members facing such situations need the caring support and dedicated representation of a California wrongful death lawyer serving Alameda County.
To discuss your rights and options for recovery in filing a case, call our compassionate and experienced Alameda wrongful death attorneys at (510) 631-0200 or (800) 404-5400. Our legal team stands up for families coping with the loss of a family member in Alameda County and throughout California.
Let our legal team at AutoAccident.com be your voice during this difficult time. Our California wrongful death lawyers serving Alameda County are prepared to handle all aspects of your case on your behalf. This way, you and your family can focus on recovering and grieving from your loss. Our team of skilled and compassionate attorneys will work diligently to get answers on how the fatal incident occurred, which parties should be held liable, and will seek maximum compensation in your case. Learn more about our services and how we can help your family by scheduling a free consultation with a member of our team.What is Wrongful Death in California?
Wrongful death occurs when an individual suffers fatal injuries in an accident caused by the carelessness or negligence of another party or entity. A wrongful death case is a civil matter that is filed on behalf of surviving family members who have suffered damages in connection with the unexpected loss of their loved one. If you have questions about financial recovery or other aspects of your claim, our experienced Alameda wrongful death attorneys are available anytime to help and review your case in a free consultation.How is Wrongful Death Proven?
The crucial element of any claim for wrongful death is negligence. This describes acting in a way that is careless, reckless, or wrongful, thus causing harm to another person. In other words, the at-fault party failed to exercise a duty of care that a reasonable individual would have done under similar circumstances. To bring a successful wrongful death action forward, these four elements of negligence must be met:
- The other side owed a duty of care to the deceased
- The other party breached the duty of care owed to the decedent
- The breach in the duty of care was the direct cause of the accident that claimed the loved one’s life
- The deceased’s surviving family members suffered damages in connection with their unexpected passing and the fatal incident
Proving the elements of negligence may be challenging without legal counsel. Therefore, it is essential to contact an experienced wrongful death lawyer serving Alameda County, California, immediately after an accident has claimed a loved one’s life. Key evidence may be lost or destroyed as time goes on, and your attorney will need to start an independent investigation right away.What Wrongful Death Damages Are Recoverable?
Damages in a wrongful death action are intended to compensate survivors for the financial hardship and intangible harm they have experienced because of their loss. If there is clear and compelling evidence demonstrating liability and damages, a decedent’s surviving family member may seek reimbursement for the following economic and non-economic damages:
- The reasonable costs of funeral and burial services
- The loss of guidance, protection, care, companionship, and affection due to the death of a close relative
- The mental anguish surviving family members have experienced because of the unexpected loss of a loved one
- The financial support and benefits that have been lost because of a loved one’s demise and reasonably expected to be lost in the future
- The reasonable and necessary expenses of end-of-life care for the deceased in connection with the accident (recovered via survival action)
If an individual or entity is found at fault for a motor vehicle collision that claimed the life of a family member, eligible survivors may file a wrongful death claim against the other side and their insurance company. This is the first source of the financial recovery that is sought in these matters. In California, all drivers are required to have liability insurance within the limits of $15,000 per individual, $30,000 per occurrence, and $5,000 in property damage. If the at-fault party has state minimum liability limits or does not have auto insurance, survivors may have other options for reimbursement.
Uninsured motorist protection may provide coverage in the event that a party that has caused a traffic collision has no liability insurance. UM coverage may also pay for damages resulting from a hit-and-run accident that causes bodily injury or death. Conversely, underinsured motorist protection may provide coverage if an at-fault party has insufficient liability insurance limits to pay for the resulting losses. These are just some of the potential sources of recovery in a wrongful death action. To discuss your case in a free consultation, contact a skilled Alameda wrongful death attorney.How is Loss of Companionship Established in a Wrongful Death Case?
Families that have lost close relatives are often left behind to experience a loss of companionship. This refers to the loss of love, attention, care, support, and protection experienced by the deceased’s surviving family member. Evidence that may be useful in proving the loss of companionship in a wrongful death case may include home videos, family stories, pictures, and letters. An experienced and supportive Alameda wrongful death lawyer will take the time to get to know surviving family members and how their loss has impacted their lives. From there, the attorney will build the strongest case possible for full compensation and be the family’s voice in settlement negotiations or in civil court.Alameda Wrongful Death FAQ
Who can file a lawsuit for wrongful death in California?
In California, a claim for compensation due to a loved one’s wrongful death may be brought on behalf of the surviving spouse, domestic partner, or children. These family members have priority for filing, according to the California Code of Civil Procedure Section 377.60. A lawsuit may be filed by other close relatives if the decedent is not survived by a child, spouse, or domestic partner. To determine your eligibility for filing, contact an experienced wrongful death attorney serving Alameda County, California.
What is the filing deadline in California for a wrongful death lawsuit?
The CCP 335.1 outlines the time limit for wrongful death cases in California. Most lawsuits are subject to a two-year deadline. This means that claimants must settle with defendants or file a lawsuit in civil court before the two-year statute of limitations expires. Failure to do so may result in the court dismissing the matter. This ultimately leads to the loss of the right to take legal action against the other side and seek financial compensation for the resulting losses. Protect the statute in your case by retaining legal counsel immediately.Contact a Wrongful Death Attorney in Alameda, California
The compassionate and skilled Alameda wrongful death attorneys at our law firm are here to help you and your family understand your rights, how the legal process works, and your options for financial recovery. Our legal team has extensive experience helping families across California obtain justice, and successful case results through verdicts and settlements. Our lawyers can do the same for you and your family. Contact us for free, friendly advice on your case at (510) 631-0200 or (800) 404-5400.
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