Losing a loved one is a heartbreaking and traumatic experience—one that can be even more devastating if their death was caused by someone else’s negligent or reckless actions. If you’ve lost a family member under these circumstances in Alameda County, California, you may be able to pursue a wrongful death claim.
Understanding Wrongful Death in California
In the state of California, a wrongful death claim arises when someone dies due to the carelessness, negligence, or intentional actions of another person or entity. This means someone else can be held legally responsible for the death, even if they didn’t directly intend to cause it.
California law outlines specific individuals who can bring a wrongful death lawsuit. These include the deceased person’s:
- Surviving spouse or domestic partner
- Children
- If no children exist, individuals entitled to inherit the deceased person’s property (such as parents or siblings)
- A personal representative of the deceased person’s estate
It’s vital to consult an Alameda wrongful death lawyer quickly so as not to lose the right to pursue justice for your loved one.
Common Causes of Wrongful Death in Alameda
Sadly, wrongful deaths occur across Alameda County every year for a variety of reasons. Here are some of the most common causes our attorneys see:
- Medical Malpractice: When doctors, nurses, hospitals, or other healthcare providers deviate from accepted standards of care, their negligence can have fatal consequences. Errors like misdiagnosis, surgical mistakes, medication errors, and missed treatments can sadly result in a patient’s preventable death.
- Motor Vehicle Accidents: Alameda’s roadways, like any busy urban area, see their share of traffic accidents. When drivers act carelessly—texting, speeding, driving under the influence, or disregarding traffic laws—their actions can lead to collisions with fatal outcomes.
- Defective Products: Manufacturers, distributors, and retailers have a responsibility to make sure the products they put on the market are safe. If a design flaw, manufacturing defect, or lack of proper warnings causes a product to result in a death, a wrongful death claim may be possible. This applies to both consumer goods and medical devices.
- Workplace Accidents: Workplaces, especially those in construction, manufacturing, and other high-risk sectors, can present hazardous conditions. If an employer fails to provide adequate safety measures, maintain their equipment, or properly train employees, preventable accidents that lead to death can occur.
Proving Negligence in Wrongful Death Cases
A successful wrongful death claim in Alameda County hinges upon proving negligence on the part of the at-fault individual or entity. Typically, these four elements must be proven:
- Duty of Care: The at-fault party had an obligation to avoid putting others at unreasonable risk of harm (for example, by following traffic laws).
- Breach of Duty: The at-fault party failed to uphold this duty of care through some type of action or inaction.
- Causation: The at-fault party’s breach of duty directly caused the victim’s death.
- Damages: Due to the death, the surviving family members suffered financial and emotional losses.
A skilled wrongful death attorney plays a crucial role in gathering the evidence needed to build a strong case for each element of negligence. This may involve:
- Thoroughly investigating the accident or incident
- Reviewing medical records or police reports
- Consulting with experts in relevant fields (such as accident reconstructionists or medical specialists)
- Interviewing witnesses
- Negotiating skillfully with insurance companies and opposing legal teams
Seeking Compensation in Wrongful Death Cases
A wrongful death lawsuit aims to provide some measure of financial compensation to the loved ones left behind. While no amount of money can erase the pain of loss, the recoverable damages may help ease the financial burdens and provide a sense of closure as you navigate a life without your loved one.
Types of damages recoverable in a wrongful death claim include:
- Economic Damages: These cover tangible expenses such as medical bills related to the death, funeral and burial costs, and the lost income the deceased would have contributed to the household.
- Non-Economic Damages: These are more challenging to quantify, focusing on losses like the love, companionship, support, and guidance the deceased provided, along with the surviving family members’ emotional suffering.
Every wrongful death case is unique. Factors that can affect the settlement include the circumstances of the death and the strength of the evidence proving negligence, the deceased person’s age and earning potential, and the severity of the surviving family’s distress.
Insurance companies will often try to minimize their payouts, offering you far less than what you’re entitled to. But a seasoned Alameda wrongful death attorney like those at our firm will fight for maximum compensation. We know how to negotiate assertively with insurers and pursue legal action in court if necessary.
Our Alameda Wrongful Death Lawyers Are Here for You
Losing a loved one to wrongful death is a life-altering experience. In seeking legal help, you deserve an attorney who combines deep expertise with true compassion during your difficult journey.
With a proven track record of success in wrongful death cases in Alameda County, our legal team has the necessary resources to fully investigate your case, consult experts, and stand up to insurance companies. We know local court procedures, medical providers in the Alameda area, and the complexities of litigating these cases.
Plus, with our No Fee Guarantee®, if you don’t win, you pay nothing. Berg Injury Lawyers is dedicated to fighting for the justice and compensation you deserve. Contact us today for a free, confidential consultation.
