Oakland Wrongful Death Lawyers

How Can Our Wrongful Death Attorneys Help

Our wrongful death lawyers at Thompson Law have decades of experience under their belt. We have a proven track record of bringing to justice those who harm others in wrongful death lawsuits. Over the years, we’ve won over a cumulative amount of $1.8 billion in cash settlements alone for the clients that put their trust in our expertise.

As your legal counsel, our Oakland wrongful death lawyers are here to steer your case in the right direction. We’ll help you simplify the legal process by:

• Proving wrongful death:  We’ll determine liability and prove negligence to hold the correct people accountable for your loved one’s death.
• Gathering evidence:  We’ll liaise on your behalf to collect witness statements, expert evaluations, police reports, medical records, and more.
• Representing you in trial:  We’ll advocate for your rights and make your case should the lawsuit go to trial.
• Calculating damages:  We’ll assess your case and try our very best to give you the maximum compensation possible.

Our staff answers calls and inquiries 24/7. The second you call, we can get started on planning and evaluating your case. No waiting for days for us to get back to you. Contact us and get a FREE CONSULTATION right away!

What Damages Can Our Oakland Wrongful Death Attorneys Secure?

Securing compensation for the death of your loved one is the least we can do to support you as you navigate this difficult path. Don’t think of compensatory damages as a consolation prize for losing your loved one, but a way to provide stability for you and your family now that they are gone.

In California, family members filing a wrongful death lawsuit may be awarded many kinds of economic and non-economic damages, including:

• Medical expenses:  Bills for treatments and medical care needed by the deceased after the defendant’s negligent actions put them in harm’s way.
• Funeral costs:  Expenses shouldered by the family to bury the deceased.
• Lost wages:  A calculation of the wages that would have been earned by the deceased for the remained of their life if they were still alive today.
• Pain and suffering:  Damages for the emotional turmoil and mental anguish the surviving family members must endure because of the death of their loved one.
• Loss of companionship or parental guidance:  The spouse and children of the deceased can claim these damages for the loss of the presence of the deceased.

Punitive damages or damages based on how maliciously a defendant acted—are not recoverable in wrongful death cases in California. They can, however, be recovered in a survival action claim, which a deceased person’s estate files to seek damages for any injuries or suffering that person experienced prior to their passing.

Your wrongful death attorney is the best person to ask about how much you can claim in damages for your unique case. They’ll work tirelessly to calculate the compensation you and your family should rightfully receive and advocate for you to obtain it. Want to know how much you can potentially receive for your wrongful death case? Reach out to us for a FREE CASE REVIEW.

How Much Does a Wrongful Death Lawyer in Oakland, CA Cost?

Many wrongful death lawyers charge their clients on a contingency fee basis. That means they get a specific percentage of the compensatory damages or settlement they win for you. When a case reaches a settlement early on, the contingency fee is lower. But if the case goes to trial, the percentage gets higher due to the time and effort lawyers put into build your case.

Aside from lawyer contingency fees, you may also have to pay for any case expenses. These include fees needed to collect data for evidence, whether it’s gathering police reports, witness statements, medical evaluations, forensic analyses, and more. Some law firms will shoulder these costs upfront, though, and charge you later on or deduct it from the final damages or settlement amount.

You might also spend extra money on court filing fees, such as deposition costs, trial exhibits, and filing the lawsuit to begin with. Fees vary depending on what your case needs, so make sure to ask your legal counsel about expenses you should expect.

At Thompson Law, we don’t charge any fees unless we win your case or help you obtain a fair settlement. If we aren’t able to deliver either of those, you don’t pay us anything—it’s that simple. That way, you can focus on healing while we do the legwork of strengthening your case for you. Learn more about what we can do to beef up your wrongful death case by booking a FREE CASE REVIEW.

What Is Considered Wrongful Death in Oakland?

A wrongful death happens when someone dies because of the negligent and careless actions of another person or entity. These include both intentional acts and accidents. If the negligence is proven in the court of law, the surviving members of the family of the deceased have the right to pursue compensatory damages.

Different Types of Wrongful Death Cases

Wrongful death comes in many forms. Here are just some of the most common types of wrongful death cases:

• Car accidents:  Negligent drivers who drive recklessly can end up killing pedestrians and other motorists on the road.
• Medical malpractice:  Healthcare professionals may be held liable for a patient’s death if they fail to exercise the right care and treatment for them.
• Product liability:  When someone dies after using a faulty, defective, or poorly designed product manufactured by a company.
• Premises liability:  Property owners can be held accountable for someone’s death if they die on their premises if it’s proven that they don’t take the necessary precautions to keep the area safe.
• Work-related accidents:  If a worker dies because of unsafe working conditions at their job, their employer can be held accountable.
• Criminal acts:  Death from assault, murder, manslaughter, and other forms of homicide can sometimes also be considered a wrongful death.

How to Prove Wrongful Death in California

There are four elements that must be present when you try to prove negligence in a wrongful death case, namely:

1. Duty of care:  You must establish that the defendant owed to the victim a certain duty of care. Possible evidence for this includes employment contracts, medical consent forms, or even existing laws. For example, for road accidents, every driver has a legal duty of care for other motorists.
2. Breach of duty:  You should then be able to prove that the defendant failed to exercise that duty of care, thereby breaching their duty.
3. Causation:  It’s just as important to show a solid cause-and-effect relationship between the breach of duty and the death of the victim. You must prove that the accused’s negligent actions directly resulted in the death.
4. Damages:  To seek compensatory damages, you must demonstrate how the death has brought on hardship in the victim’s surviving family members, whether it’s financial struggles or pain and suffering.

Wrongful Death Statistics in Oakland, CA

Although Oakland is a thriving and vibrant city, it has its fair share of fatalities and wrongful death cases, too. Below are some important information to keep in mind to have a better grasp of the prevalence of wrongful death cases and to avoid them from occurring more often:

• There were 30 traffic fatalities in Oakland in 2024, including 13 pedestrians, six bikers, five drivers, and three passengers.
• In Oakland, one in four cyclists killed on the road collided with an impaired driver, whether they were drunk or distracted. More than 25% of all bicycle accidents in the city involve another driver who was speeding.
• About 75% of severe or fatal injuries on the road in Oakland happen at intersections—only 10% of which have traffic signs or stoplights.
• There were over 100 homicides reported in Oakland every year from 2020 to 2023. Remember—many homicides are also considered wrongful death cases.

High-Risk, Accident-Prone Intersections in Oakland, CA

Oakland is one of the most populous cities in the Bay Area. So, it’s no surprise that there are plenty of traffic-heavy roads within the city. But many of these roads and intersections are extremely dangerous and have a track record of being accident-prone. Here are some of the busiest intersections that are high-risk for car accidents, and, consequently, wrongful death cases on the road:

• 102nd Ave. and International Boulevard:  There’s a lack of traffic enforcement at this intersection, but people still drive at great speed.
• Bancroft Ave. and Seminary Ave:  Although this intersection was paved and painted new in recent years, there have been over a dozen injuries there in the last seven years.
• Bancroft Ave. and 73rd Ave:  Has relatively wider streets, which encourages drivers to drive at an unnecessarily high speed. About 40 people have been injured here in the last seven years.
• Hamilton Street and Hegenberger Road:  There are no car-slowing signs or infrastructure here, nor crosswalks for pedestrians.
• High Street and Foothill Boulevard:  A busy school area that sees five or six accidents each year.
• 7th Street and Union Street:  Very busy during rush hour as it’s a popular entry point to an onramp into the Bay Bridge. It also has poorly painted crosswalks, making it hazardous for pedestrians.

Turn Grief into Justice with Thompson Law

When you lose a loved one because of the actions of someone else, piecing your life back together can be the most difficult thing to do, especially when you have to navigate legal matters, too. Our Oakland wrongful death lawyers at Thompson Law can help you not just make sense of the complexities of California law related to your case, but advocate for your rights so you can get the compensation you deserve.

Allow us to assist you with your wrongful death case so you can get some peace of mind as we hold the right people accountable for their actions. Book a FREE CONSULTATION today!

FAQs About Wrongful Death Specifics to Oakland

What is the statute of limitations for wrongful death in California?

You can file a lawsuit for wrongful death in California up to two years after the date of death. If you miss this deadline, you could lose your right to claim damages from the defendant.

There are also a few exceptions to this rule. For example, if the wrongful death case you want to file involves medical malpractice, the statute of limitations increases to three years after the date of death.

What is the average settlement for wrongful death in Oakland?

The settlement amount for wrongful death lawsuits depends on the unique and complex circumstances of each case. If the two parties reach a settlement before a verdict comes out, the amount typically sits between $250,000 and $500,000. For cases with clear and easily provable negligence, the amount could be even bigger, upwards of one million dollars.

What is the one-action rule for wrongful death in Oakland?

California’s “one-action rule” limits the number of times a defendant is sued with a wrongful death case. The rule states that instead of filing separate wrongful death lawsuits, all potential heirs of the deceased must file one joint action in court. The rule is essentially designed to protect defendants from facing multiple lawsuits for the same case over and over.

What is the cap for wrongful death in Oakland?

There’s no cap for compensatory damages for most wrongful death cases in California. The only exception to this is cases related to medical malpractice, which have a cap of $500,000.

Can I receive damages for emotional distress?

Yes, the heirs of a victim can seek damages for emotional distress. It’s one of the most common non-economic damages a wrongful death lawyer can help you obtain in a wrongful death case.

When there are multiple heirs, how are damages divided?

If a case goes to trial and the plaintiffs are awarded compensatory damages, the judge will divide the amount amongst the heirs according to many factors. These include how close they were with the deceased and how financially dependent they were on them. But if the other party pays a settlement, the heirs must decide between themselves who gets how much of the money. These heirs can also get help from a judge or a third-party mediator if they so wish.