Oakland Wrongful Death Lawyers
A wrongful death lawsuit is a lawsuit generally brought by the surviving family members of a person who died due to someone else’s wrongful acts. Unlike personal injury lawsuits, a wrongful death lawsuit in Oakland extends from California statutory law. The wrongful death statute in California sets out specific rules for who can bring a claim for wrongful death cases and what types of damages can be recovered.
What is a wrongful death lawsuit?
California’s wrongful death law statute defines a wrongful death lawsuit as “a cause of action for the death of a person caused by the wrongful act or neglect of another.” Wrongful acts can be types of accidents where the negligent party had no intent to kill someone, or they can be acts committed intentionally, such as homicide.
How do I know if I can file a wrongful death lawsuit?
Under California law, the following individuals are the only people who can bring a wrongful death claim:
- the surviving spouse of the deceased person;
- the children of the deceased person; or
- the grandchildren of the deceased person.
However, if the decedent does not have any living descendants (i.e., children or grandchildren), then the person who inherits the deceased’s estate under the laws of California is also an eligible party.
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Listen to Attorney Brooks Cutter discuss a recent wrongful death case when interviewed on the TLC Podcast.
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Who can receive compensation from a wrongful death lawsuit?
Generally, family members and other persons who were financially dependent on the deceased person, such as a person who believed incorrectly, but in good faith, that they were married to the deceased person, can receive compensation in a wrongful death lawsuit.
What kind of compensation can I receive in a wrongful death lawsuit?
If you qualify as a person who can file a wrongful death lawsuit, you can recover both economic damages and non-economic damages.
Economic Damages
If you qualify as a person who can file a wrongful death lawsuit, you can recover both economic damages and non-economic damages.
Economic damages include actual costs related to the death of the family member and any other expenses. These can include:
- Medical expenses, medical bills, ambulance costs, hospital bills, and any other medical costs related to the injuries that led to the individual’s death.
- Funeral expenses. Funeral costs can be extremely expensive. You can potentially receive compensation for these costs in a wrongful death suit.
- Any lost wages.
- The expected loss of future income or financial support that the deceased individual was expected to provide during his or her life expectancy.
- The loss of benefit plans or gifts that were expected from the deceased individual.
Non-Economic Damages
California law also allows for plaintiffs in wrongful death lawsuits to receive non-economic damages. Non-economic damages are for the emotional pain and suffering that you feel from the loss of your loved one. This is based on:
- Loss of companionship
- Loss of consortium
- Loss of care or assistance
- Loss of affection
- Loss of protection
- Loss of moral support
- Loss of guidance
- Loss of training
How much is my wrongful death case worth?
A wrongful death settlement can range from hundreds of thousands of dollars to more than $1 million.
Each wrongful death case is different, and the value of your claim depends on various factors, including the number of years you would have had with your loved one if they had not died, the benefits and gifts you would have received from your loved one if they had not died, and the value of the household services your loved one would have provided.
Brooks Cutter and Margot Cutter won a $2.4 million dollar verdict on behalf of the children of a man who died after a staff doctor at a hospital lied and transferred a patient to another hospital that was not equipped to handle the patient.
What does a wrongful death lawsuit process look like?
To initiate and file a lawsuit after a wrongful death, you must take specific steps:
Step 1: Identify the Responsible Party
First, you must identify the person or persons who were responsible for the death of your loved one.
Step 2: Investigate the Circumstances Surrounding the Death
Next, you must investigate the circumstances surrounding your loved one’s death. This will include collecting evidence to prove your case.
Step 3: Contact the Wrongdoer or Their Insurance Company
You or your attorney will then contact the wrongdoer or their liability insurance company, if they have one, and try to negotiate a settlement.
Step 4: Filing a Lawsuit If a Fair Settlement Is Not Offered
If the person or their insurance company fails to offer you a fair settlement, you can then file a wrongful death lawsuit in a California state court. The document file that initiates the lawsuit is called a complaint.
Step 5: Discovery Process
The parties then proceed through a process called discovery, during which time both parties can gather all evidence that will be admissible in court.
Step 6: Mediation
The parties may then participate in a process called mediation, where they attempt to settle their claims before going to trial.
Step 7: Trial
If the parties can’t resolve their claims through mediation, then their case will be argued by trial lawyers before a jury, which will judge and decide if the wrongdoer is liable for the deceased person’s death.
We are known as a firm that will take your case to trial. You want a firm that is in it for the long haul and will invest all resources. At Cutter Law, we don’t have any problem with investing mid-six figures into a case.
Brooks Cutter,
Founder of Cutter Law
How can an Oakland wrongful death attorney help me?
A wrongful death attorney will offer you essential legal advice and answer all your questions about your wrongful death lawsuit. The attorney will also gather all relevant evidence to determine what your claim is worth, communicate with the defendant and third parties, hire experts, and, finally, file all necessary documents in the proper California state court.
How long do I have to file a wrongful death claim after losing a loved one?
The California wrongful death statute of limitations is usually two (2) years from the date of death or the date the cause of the death could have reasonably been known. However, where medical malpractice is the cause of death, you must file your case within three years of the date of injury or one year after you discover, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Furthermore, if the case is against a governmental entity, you must file a government tort claim within 6 months.
When should I contact an experienced Oakland wrongful death law firm?
If your loved one died because of another person’s wrongful conduct, it is crucial to contact a wrongful death attorney as soon as possible so your attorney can begin preserving significant evidence for your wrongful death case. It is also imperative that you file a wrongful death lawsuit within the deadline. If you miss the deadline, you will be barred from bringing your claims.
- Address
1901 Harrison Street Suite 910
Oakland CA 94612
Why choose Cutter Law?
While no amount of money can take away the pain of losing your loved one, financial hardship will only make the recovery period more difficult. You do not have to go through the complex legal processes alone. It is our job at Cutter Law to work tirelessly on your behalf so that you do not have to suffer from unfair financial losses.
If your loved one or family member died because of someone else’s wrongdoing, it is a good idea to contact the experienced and caring legal office at Cutter Law for a free case evaluation.
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Start with a free consultation. We listen to what happened, how it’s affected your life, and what you need to move forward.
You’ll have a direct line to our attorneys. We keep communication open and ensure you always know what’s happening with your case.
From day one, we go all in—gathering evidence, negotiating with insurers, and preparing for trial if needed. You pay nothing unless we win compensation for you.
Statute of Limitations for Wrongful Death in California Generally speaking, surviving family members have two years from the time of
To succeed in a wrongful death lawsuit, you must prove four elements: duty of care, breach of duty, causation, and damages.
Immediate family members, including surviving spouse and surviving children, are first in line to file a wrongful death lawsuit.
As a family run California law firm we pride ourselves in providing every client personal attention and representation. The outstanding results we have gotten for our fire clients are a direct result of our commitment to understanding and presenting all aspects of their case.
Hear from our previous clients about the relationships we build together.
Brooks and his team are awesome. I can’t say enough about how professional they are. I would recommend them to anyone who needs help.
Brooks is a most compassionate professional. His knowledge and wisdom guided my husband and me through a very depressing and stressful time in our lives.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.