Wrongful Death

The Law Offices of Baron J. Drexel represent family members in Oakland and throughout the San Francisco Bay Area in wrongful death cases resulting from automobile accidents, trucking accidents, motorcycle or bicycle accidents, accidents involving pedestrians, product defects, dog attacks, and other accidents. If you have lost a loved one, an experienced wrongful death attorney can help you hold those who caused or contributed to your loss responsible, and can help you obtain relief for the financial stress that often accompanies a death in the family. 

Wrongful Death

California’s Wrongful Death Act allows surviving family members to bring an action against the party or parties whose negligence or wrongful acts caused the death of a loved one. Under the statute, family members qualified to bring an action may include:

  • Surviving spouses (including putative spouses)
  • Domestic partners
  • Children (including stepchildren)
  • Grandchildren
  • Minors and dependants
  • Heirs by intestate succession if no other relatives survive

In addition to dealing with the pain of losing a loved one, family members often face financial hardships due to the decedent’s medical costs, funeral expenses, and lost income and health care benefits. At the Law Offices of Baron J. Drexel, we work tirelessly to obtain the maximum financial recovery to which family members are entitled.  

Recoverable Damages

In California, recovery in a wrongful death suit is intended to compensate the deceased’s survivors for their own damages, incurred as a result of the loss of their family member. Damages suffered by the injured victim before death, such as medical bills, disfigurement, or pain and suffering, may only be recovered by a representative of the deceased’s estate in a separate or concurrent "survival action."

Surviving family members are eligible to recover two types of damages: economic and non-economic damages. Economic damages may include:

  • Funeral and burial expenses
  • Lost pensions, retirement, gifts, or other benefits
  • Reasonable value of household services
  • Loss of future earnings the deceased would have provided for the surviving family members

Non-economic damages may include:

  • Loss of companionship, love, comfort, care, protection, and moral support
  • Loss of guidance for children
  • Mental anguish and suffering
  • Loss of consortium

Statute of Limitations

If you have lost a loved one due to the negligence or wrongful act of another, you should seek legal representation without delay. California’s statute of limitations limits the amount of time a plaintiff can bring most claims to within two years of the date of death; after that time your claim may be barred by statute and you will lose the opportunity to recover for your losses. 

Experienced Legal Representation in Wrongful Death Actions

Bay Area attorney Baron Drexel has the experience to represent families in all types of wrongful death actions, and takes these cases on a contingency fee basis, meaning you pay no legal fees unless he successfully obtains compensation on your behalf. For a free consultation to discuss your claim, contact the Law Offices of Baron J. Drexel today.