Oakland Wrongful
Death Attorney

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Losing a family member is never easy to cope with. It can be even more devastating if your family member is taken from you too early due to the reckless, careless or malicious behavior of another.

If you have lost a family member due to the negligent actions of another person, you should discuss your options for legal recourse. The law allows survivors of those who have died due to the actions or inactions of others to recover compensation. If your legal claim is viable, you will need an experienced Oakland wrongful death attorney to help you navigate the legal process. The team at Burneikis Law can help.

At Burneikis Law, we will provide effective representation to help you recoup the loss of financial support and other monetary and emotional detriment related to the death of your loved one. We are an established law firm that has successfully represented clients in various wrongful death lawsuits and personal injury cases. We pride ourselves on being a compassionate and dedicated partner to our clients who are pursuing wrongful death claims. If you have lost a spouse, domestic partner, parent or child at the hands of another and are considering pursuing a wrongful death action, you can always turn to Burneikis Law.

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If someone you love is the victim of a wrongful death, we highly recommend contacting an Oakland wrongful death lawyer immediately. The sooner you have someone representing your interests, the less time the other side has to create their case against you.

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What is a Wrongful Death Case?

Suppose someone engages in negligent conduct resulting in the death or injury of another person. In that case, the family of the person that was killed may have the right to pursue a wrongful death claim against those responsible for the death. Examples of standard wrongful death claims include deaths resulting from car and other motor vehicle accidents, bicycle accidents, drownings, electrocutions, dog attacks, falling tree limbs, window falls, medical mistakes, etc. If you are dealing with the unexpected death of a loved one, it can be difficult to step back from the situation and consider your legal options. It is dreadful when a person dies, but the law views wrongful acts that cause the death of another as particularly heinous.

When someone dies due to another party's negligent or malicious conduct, a wrongful death claim allows the surviving family members to recover compensation from the person or entity responsible for the death.

Coping with unexpected death is often chaotic and overwhelming. Securing help from an experienced wrongful death lawyer as early as possible is essential. The knowledgeable and understanding team at Burneikis Law is standing by when you need an Oakland wrongful death attorney and can provide legal counsel throughout the process, including assisting you file a wrongful death lawsuit if necessary.

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How a Wrongful Death Settlement Can Help You

The emotional effects of losing someone close to you is often the biggest burden survivors experience. However, the loss of a loved one is frequently associated with financial hardship as well. Family members lose the monetary income that had been earned by the person who died, and are also saddled with paying tens of thousands of dollars in funeral and burial expenses. The burden of funeral costs could make financial compensation essential for grieving families to make ends meet. This is especially true if the accident leading to the wrongful death case resulted in significant medical expenses incurred before the death came to pass. Working with a knowledgeable Oakland wrongful death attorney can potentially reduce your financial burden and allow you and your family to focus on healing.

The value of the wrongful death claim can vary depending on a number of factors, including the role in the family of the person that died, the number of people who were financially dependent on the person, how often the surviving family members spent time with the person that died, etc. Effective legal representation from an Oakland wrongful death lawyer makes it possible to secure valuable compensation to support surviving family members as they attempt to continue living without the financial and emotional support of the deceased.

Who Can File a Wrongful Death Case?

Wrongful death lawsuits are generally brought by the relatives of the deceased individual. While some circumstances allow financial recovery from others who were financially dependent on the deceased, immediate family members generally have the strongest right to make a wrongful death claim under current law.

Family members and others deemed financially dependent on the deceased may have standing to receive compensation in wrongful death cases. However, the amount of compensation a person will have a right to receive will depend largely on the nature of the relationship between the person making the claim and the deceased person. At Burneikis Law, we strive to represent our clients' interests to ensure the depth of their relationship with the deceased person is communicated effectively and thoroughly, and our clients’ rights to compensation are fully exercised.

How Does a Wrongful Death Lawsuit Work in Oakland?

To file a wrongful death suit in Oakland, you have to take specific steps. First, you must identify who or what was the cause of the death. It is imperative to find the cause of a family member’s or friend's death. This involves conducting significant investigation and gathering evidence to prove fault.

If fault has been determined and is clear, your attorney will contact the wrongdoer's insurance and try to negotiate a settlement.
If a lawsuit is necessary, documents will be filed in court to start the litigation. Once you and your attorney decide to pursue legal action, the court case will be initiated when the summons and complaint are filed. From there, you and your attorney will go through the discovery process in order to uncover and produce information that will support your claim.

Not all wrongful death cases end with a trial. There will be several opportunities along the way to resolve your case. Informal negotiation may occur or a mediation held. If an agreement cannot be reached, you will have an opportunity to present your case in court, to a judge or a jury, and ask for an award of money that will make up for the losses you have and will experience due to the death of your loved one.

Is There a Time Limit for Filing a Wrongful Death Claim?

In California, the qualified survivors of a wrongful death must file a lawsuit within two years of the date of death. If the death was related to the actions of the government, or the actions of a government employee acting in the course and scope of their work with the government, a claim must be filed with the appropriate governmental agency within six months after the death. This is an incredibly short amount of time and one of the primary reasons it is important to consult with an Oakland wrongful death attorney as soon as possible after a person has died.

At Burneikis Law, our attorneys can help file your wrongful death claim quickly. Working with an Oakland wrongful death lawyer to file a wrongful death lawsuit as soon as possible is essential to ensuring the best possible chance at obtaining financial compensation resulting from the tragic death of a loved one.

Is There a Time Limit for Filing a Wrongful Death Claim?

In California, a wrongful death claimant is entitled to recover all damages relating to the death of their loved one. Recoverable financial damages include any costs incurred before the death, as well as costs related to the death, e.g., medical expenses, and funeral and burial expenses. A wrongful death claimant is also entitled to make a claim for the financial support the deceased would have contributed to the family, e.g., the wages the deceased would have earned during his/her lifetime. Finally, the financial damages recoverable in a wrongful death action also include the value of gifts, benefits and household services the deceased would have provided to their surviving family members.

A wrongful death claimant is also entitled to compensation for the emotional loss associated with the death. In California, surviving family members can claim damages related to the loss of love, companionship, comfort, care, protection, affection, society, moral support, training and guidance the deceased would have provided but for their death.

Determining the precise amount of compensation a wrongful death claimant is entitled to recover depends on a number of factors, including the life expectancy of the deceased individual. The court views the death of someone with a higher life expectancy as a more significant loss, so financial recovery is often, but not always, higher in these cases.

The law also instructs the court to consider other factors about the deceased person, including the number of children left behind and the work-life expectancy and wage-earning capacity of the person who died.

Part of the role wrongful death attorneys play is to advocate for surviving family members in order to convey the gravity of the tragic accident to the judge and jury. Dealing with a loved one's death is heartbreaking, and family members should have an experienced Oakland wrongful death attorney on their side to fight for compensation on their behalf.

How Can an Experienced Oakland Wrongful Death Attorney Help?

A qualified and knowledgeable lawyer will know the ins-and-outs of California’s wrongful death laws and can effectively determine how much the claim is worth. As part of the process, your attorney will need to gather the necessary information and documents to build a compelling case. They will then present your case to the insurance adjusters and, if necessary, in court in such a way as to thoroughly convey the essential role that the deceased played in the lives of those left behind.

The legal system is complex and wrongful death lawsuits are not without challenges. Surviving family members have enough to deal with while they are grieving. Trying to handle the legal aspects of pursuing a wrongful death claim is not something a bereaved family member should take on. Engaging an experienced wrongful death lawyer is imperative to receiving appropriate compensation.

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Why Choose Burneikis Law When You Need An Oakland Wrongful Death Lawyer

At Burneikis Law in Oakland, CA, our team can help lighten your burden in multiple ways. We are skilled at handling every aspect of your wrongful death lawsuit, helping you compile solid evidence to effectively convey your loss. As dedicated wrongful death lawyers, we are committed to presenting your claim in the most comprehensive light.

We understand how challenging losing a loved one can be. Burneikis Law strives to go above and beyond to reduce your stress. We will interface with the insurance companies to acquire the necessary documents and collect everything we need to present your claim for settlement purposes and, if necessary, in court.

With years of experience working with clients following a loved one's death, we understand both the financial and emotional turmoil these situations can cause. We accept wrongful death cases on a contingency fee basis, allowing our clients to pay nothing unless we are able to secure a financial settlement or judgment for the loss they suffered.

When pursuing legal action for negligence that you believe caused the death of a loved one, the team at Burneikis Law can help you find the most effective way to proceed. Our lawyers are experienced in fighting for clients in similar cases and have an established success rate. While no legal action is guaranteed, we strive to achieve just and full compensation for every client we work with.

Get Help from an Experienced Oakland Wrongful Death Lawyer Today

Dealing with the loss of someone you love is one of the most devastating parts of life. Even routine activities can trigger memories, and things can feel empty without them, especially if you lived together. Unfortunately, dealing with the financial burdens that accompany the death of a loved one can compound the stress of the situation and take things from bad to worse.

Working with lawyers to pursue legal recourse against the offending party can reduce the financial burden of the situation. While monetary compensation will never replace the person you lose, it can make it easier to get back on your feet and get through the grieving process.

If you lost a spouse, child, sibling, parent, or other loved one due to the negligent or malicious actions of another, you may have a viable wrongful death claim. The team at Burneikis Law is standing by to help you secure justice and the highest possible compensation for your loss. Call us at (510) 328-3238 to schedule a consultation and learn more about our legal services.

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Address:

66 Franklin Street
3rd Floor
Oakland, California 94607

Phone Number:

(510) 328-3238