Wrongful Death Attorney Oakland
Many Americans have been in the devastating position of losing a loved one to a wrongful death situation. Many people believe that a parent should never out live their child, however, in this day and age this is the case for many American families.
The actual Definition of Wrongful Death is; “wrongful death” occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent’s immediate family members (often called “distributees”).
The National Highway Traffic Safety Administration (NHTSA) has stated that in the year 2010, there were 61 million children aged 14 and younger in the United States. This is 20% of the total United States resident population. The leading cause of death of children in the age range of 4 to 14, was auto accidents. In fact, in 2010 of the 32,885 auto accident fatalities in the United States, 1,210 fatalities were children aged 14 and younger. This averaged out to 3 children under the age of 14 being killed per day in an auto accident in the United States.
Wrongful death Oakland claims must be filed by a representative on behalf of the survivors. In all states, parents can claim on behalf of a child who was victim to a wrongful death. In some states, more distant family members like brothers, sisters, and grandparents may bring a wrongful death lawsuit in relation to the wrongful death of a child. An example of this is a grandparent who was raising the child, may be able to bring action. This is something that needs to be discussed with your personal injury attorney or law firm.
Some states also permit a wrongful death suit in the case of the death of a fetus. Some states do not permit a wrongful death action to recover for financial and emotional losses resulting from the death of a fetus. In those particular states, a wrongful death action can only be sought if the child was born alive and then died. This is another area you will need to discuss with your personal injury attorney or law firm if considering an action in such a situation.
There are various areas in which someone may possibly be sued for wrongful death. People, companies, government agencies, as well as employees can all be susceptible to a wrongful death Oakland lawsuit. Such an example could be an auto accident that involved a drunk driver and a faulty roadway. A wrongful death action may include defendants such as:
- The driver or even employer at fault in the auto accident
- The designer or builder of the faulty roadway
- A government agent who neglected to provide adequate warnings regarding a road hazard that cause the auto accident
- Person or persons who sold, served, or gave alcohol to the impaired driver
- Owner of the premises where the alcohol was served
Wrongful death claims can be extremely complex due to the many different laws and variables involved. It is for this reason you need to hire the best personal injury attorney or law firm to assist.