Our Oakland wrongful death lawyers fully understand how difficult, tragic, and emotionally fatiguing the sudden loss of a loved one can be. Moreover, we know that having to navigate the complex labyrinth that is our legal system only adds fuel to the already fast-burning fire that is your patience and emotional state.
Fortunately, however, when you hire the Oakland wrongful death lawyers here at Cutter Law P.C., we take care of the legal matters for you. Our attorneys can help you with everything from communicating with the “other side” to representing you and your interests in a court of law. So, contact our team of helpful, caring, and aggressive Oakland wrongful death attorneys for a no-obligation consultation today.
Which People Are Legally Eligible To File A Wrongful Death Claim In Oakland?
Under California Code Of Civil Procedure Article 6 Section 377.60, only certain people are lawfully eligible to file a wrongful death claim in Oakland. Those people include the surviving spouse, domestic partner, and any living children of the deceased.
But what happens if the deceased didn’t have any kids, a souse, or partner? In those situations, California law dictates that the right to file a wrongful death claim in Oakland passes to the person most entitled to the decedent’s estate. Generally, that includes the parents or siblings of the deceased. After them, the law states that the right to file passes to the putative spouse(s) and stepchildren of the deceased.
What Must Our Attorneys Prove In Court To Make A Successful Wrongful Death Claim?
To make a successful Oakland wrongful death lawsuit, our attorneys must prove the following in a court of law:
- 1 – That A Loved One Died – While seemingly obvious, the first thing our Oakland wrongful death attorneys must prove in a court of law is that your loved one died while under the care of another person or entity.
- 2 – Another’s Negligence Or Intent To Harm Caused The Death – Once our lawyers prove that your loved one did, in fact, die, they must show that the cause of death was the negligence, intent to harm, or malpractice of a caregiver.
- 3 – That You (Or Other Family Members) Suffered Financial Losses Due To The Death In Question – The final thing our Oakland wrongful death lawyers must prove in a successful case is that the plaintiff suffered financially as a direct result of the death of their loved one.
If the Oakland wrongful death lawyers at our firm can prove the previous three things in a court of law, then you have a high chance of winning your case.
Moreover, even if you’re unsure whether your particular incident fits all the previously mentioned success requirements, don’t hesitate to contact us for a no-obligation consultation. You may have a case and just not realize it yet.
Why Should Your Hire Our Oakland Wrongful Death Law Firm?
Unfortunately, filing a wrongful death claim is a long, arduous, and tedious process. After all, it requires compiling extensive and exceptionally detailed records, as well as an excessive amount of pretrial preparation. Moreover, unlike several other areas of law, wrongful death cases are often extremely emotional and challenging for the plaintiff. Fortunately, when you hire our Oakland wrongful death law firm, you don’t have to worry about most of all that. We can handle all aspects of your case, which gives you the time you need to process what happened emotionally.
Besides handling nearly every aspect of your case for you, our attorneys are also patient and caring while still managing a good deal of aggressiveness in the courtroom. We’ve won millions of dollars for our clients across our several areas of practice, and we’ve even earned several awards for our legal prowess. Therefore, if you’ve been on the lookout for professional, caring, and aggressive Oakland wrongful death law firm, then you’ve come to the right place!
What Types Of Fiscal Costs Are Often Associated With Oakland Wrongful Death Claims?
As we briefly touched on above, one of the most significant determining factors of a successful Oakland wrongful death claims is financial losses incurred by the surviving family members. But what do those financial losses look like? Well, the most common financial strifes faced by those going through Oakland wrongful death claims include things like:
- All basic expenses regarding the passing of another person, such as medical bills and funeral costs
- Any of the deceased’s remaining retirement and pension
- The financial cost associated with the pain and suffering felt by the plaintiff(s)
- Loss of companionship experienced by the plaintiff(s)
- Any and all future earnings that would have helped the plaintiff(s) with ongoing life expenses
Is It Possible To Have More Than One Claimant In An Oakland Wrongful Death Lawsuit?
In short, yes, it is entirely possible to have more than one claimant in an Oakland wrongful death lawsuit. However, that “yes” comes with a small list of caveats. For one, every claimant must be a party to the same case (this is due to the “one-action rule”). Additionally, all potential claimants, if not involved in another ongoing case, will be barred from being named a claimant in the wrongful death case in question.
What Is The California Statute Of Limitations Of A Wrongful Death Claim In Oakland?
According to California Code Of Civil Procedure Chapter 3, Section 335.1, there are two separate statutes of limitations for any potential wrongful death claim in Oakland. In most cases, the statute of limitations is three years after the date of the incident. However, California law reserves a three-year statute of limitations for cases involving medical malpractice.
Also, there are certain situations that stall or stop the existing statutes of limitations regarding any wrongful death claim in Oakland. However, those situations rarely arise. They only occur in cases where circumstances prevent the plaintiff(s) from knowing what caused the death.
Contact Our Team Of Oakland Wrongful Death Attorneys
The team of Oakland wrongful death attorneys at Cutter Law P.C. is always standing by to take your case. We have the education, experience, compassion, and legal prowess to help you win in a court of law. So, if you’ve recently lost a loved one due to the negligence, intent to harm, or malpractice or a caregiver, then you’ve come to the right firm. Contact our attorneys for a no-obligation consultation today. Our caring attorneys are here to help you through this likely difficult, emotional, and trying time.