California Wrongful Death Attorneys
At Oaken Injury Law, we approach wrongful death cases with a deep understanding of how profoundly a loss can affect a family. Both founding partners, Ian McTaggart and Matthew Bradley, experienced the unexpected loss of their fathers while they were in their twenties. While every loss is different, that shared experience has shaped the way they approach these cases. It reinforced the importance of patience, respect, and recognizing the lasting impact that the loss of a parent or loved one can have on a family.
Because of that experience, Oaken Injury Law was built with a commitment to supporting families through some of the most difficult moments of their lives. Above all else, the firm is dedicated to ensuring that families facing these circumstances are treated with compassion, guided carefully through the legal process, and supported in their pursuit of the justice their loved one deserves.
What Is a Wrongful Death Claim?
A wrongful death claim in California is when a person dies as the result of another party’s negligence, recklessness, or wrongful act.
Wrongful death claims provide financial recovery for surviving family members while also holding responsible parties accountable for the harm they caused.
These claims allow certain surviving family members to pursue financial recovery for the losses they suffer as a result of the death.
Who can file: The following individuals may have the right to file a wrongful death claim in California for the loss of a loved one: a surviving spouse or domestic partner, the deceased person’s children, and people who depend financially on the deceased person such as grandchildren, stepchildren, or parents.
How Can an Attorney Help?
Because every family and every loss is different, the damages in a wrongful death case must be evaluated based on the specific circumstances of the people involved.
Hiring an attorney can help decide if another party’s conduct contributed to causing the death of a loved one. They can also explain to jurors, judges, and insurance companies about the deceased that they never had the chance to know. Part of the responsibility of a lawyer in a wrongful death case is telling that story. That means helping others understand the role the person played in their family, the relationships they built, and the life they lived. Only then can the true impact of the loss be understood.
- Evaluate the cause of death. An attorney can help decide if another party’s conduct contributed to causing the death of a loved one.
- Preserve evidence early. An attorney early in the process is worth considering in order to preserve evidence and identify witnesses.
- Protect legal deadlines. Wrongful death cases may involve deadlines that depend on the circumstances of the case.
- Review family relationships. An attorney will look at family relationships and financial dependence to help determine who has the right to bring a claim.
- Tell the full story. A wrongful death case requires helping others understand the role the person played in their family, the relationships they built, and the life they lived.
Common Wrongful Death Situations
In most cases, wrongful death tragedies occur when negligence, unsafe conditions, or preventable conduct leads to a fatal injury.
In California, wrongful death claims are commonly associated with events such as serious vehicle collisions, dangerous property conditions, defective products, motorcycle and pedestrian accidents, and medical negligence.
Serious vehicle collisions: reckless driving, high-speed accidents, driving under the influence, distracted driving, and dangerous road conditions.
Dangerous property conditions: unsafe premises, inadequate security, or hazardous conditions on private or commercial property.
Defective products: a dangerous or defective product causes an injury due to malfunction or product failure.
Motorcycle and pedestrian accidents: motorcyclists and pedestrians lack physical protection, and even low-speed impacts can cause fatal injuries.
Medical negligence: a healthcare professional fails to provide a standard of care.
In each of these situations, the central legal question is whether another party’s conduct contributed to causing the death.
Compensation for Wrongful Death
It is critically important to recognize something that is often lost in legal discussions and insurance negotiations: no amount of money can ever replace a loved one.
However, in our civil justice system, accountability is addressed through financial compensation. For better or for worse, the law attempts to measure the losses caused by a death by assigning a monetary value to those losses. Those numbers can vary widely, and the ability to clearly explain those losses is critical.
Justice in these cases is not about replacing a life. It is about ensuring that the life that was lost is fully seen and fully acknowledged.
Damages in a wrongful death case may include compensation for:
Loss of financial support
Recovering financially what the deceased person would have been expected to provide during their lifetime.
Loss of household services
This includes non-financial support within their families, such as childcare, home maintenance, and other responsibilities that would have continued but for the loss.
Loss of love and companionship
California law recognizes that the loss of a close family member involves far more than financial hardship, including the loss of comfort, care, assistance, protection, affection, society, and moral support.
Loss of guidance
Children may recover damages for the loss of the care, guidance, and support a parent would have provided.
Funeral and burial expenses
Wrongful death damages may also include funeral and burial expenses.
Speak With a Wrongful Death Attorney
Choosing an attorney is a deeply personal decision. After the loss of a loved one, many families are uncertain about when or whether they should speak with an attorney. Families should feel comfortable taking the time they need to speak with lawyers directly, ask questions, and decide who they trust to guide them through the process.
At Oaken Injury Law, we understand that every family approaches these situations differently. Some families want answers right away, while others need time before they are ready to discuss the circumstances of the loss. Our role is simply to provide information, answer questions, and support families in whatever decisions they ultimately make.
If you would like to speak with someone about your situation, we are available to listen. When you contact our office, you will speak directly with an attorney who can help you understand what options may exist under California law.
