Attorney Michael Rehm — (800) 978-0754

A wrongful death arising from an accident in the City of Alameda involves the same legal framework as any California wrongful death case — but the public entity issues specific to Alameda matter from the outset. The City of Alameda is a separate legal entity from Oakland. WETA operates the Alameda ferry. AC Transit runs bus routes on the island. Each is a distinct public entity with its own six-month claims deadline. When a death results from any of their operations, the government claims deadline runs from the date of death, and it does not wait for the family to grieve.

Attorney Michael Rehm handles wrongful death cases throughout the City of Alameda and Alameda County.

Who Can Bring a Wrongful Death Claim

California wrongful death actions are governed by Code of Civil Procedure § 377.60. Those entitled to bring the claim include the decedent's surviving spouse or domestic partner, children, and — if none survive — the persons entitled to the decedent's property by intestate succession. All claimants must join in a single action under Code of Civil Procedure § 377.61.

Wrongful Death Damages

Wrongful death damages are recoverable by the heirs directly, not through the estate. They include: the financial support the decedent would have provided; the value of household services; loss of love, companionship, comfort, affection, society, and moral support; loss of guidance and training for children; and funeral and burial expenses. CACI 3921. Future financial support is typically established through economic expert testimony on the decedent's earnings history and projected lifetime contributions. Noneconomic damages for loss of consortium and guidance are not subject to a cap in personal injury wrongful death cases.

A survival action brought by the estate under Code of Civil Procedure § 377.30 recovers damages the decedent could have recovered had they survived — including pre-death pain and suffering and pre-death medical expenses. The survival action flows to the estate; the wrongful death action flows directly to the heirs. Both can and typically should be brought in the same lawsuit.

Government Entity Claims in Alameda Wrongful Death Cases

When a death results from a City of Alameda vehicle, a road defect on a city street, an AC Transit bus, or a WETA ferry, the Government Claims Act requires a written claim within six months of the date of death. Government Code § 911.2. Government Code § 945.4 bars a lawsuit if that claim is not filed in time. Punitive damages are not available against public entities.

Claims are submitted separately to each entity involved:

• City of Alameda: City Clerk's Office, 2263 Santa Clara Avenue, Alameda, CA 94501
• AC Transit: District Secretary, 1600 Franklin Street, Oakland, CA 94612 (mail or delivery only)
• WETA: Contact WETA directly to obtain the current claims submission address. Contact information for government entities can change — confirm the correct address before filing.

Statute of Limitations

The statute of limitations for a wrongful death claim in California is two years from the date of death. Code of Civil Procedure § 335.1. For government entity claims, the six-month claims deadline operates independently. Missing either deadline can potentially bar the claim. Contact Attorney Michael Rehm promptly to assess the applicable deadlines in your case.

Where Alameda Wrongful Death Cases Are Filed

Wrongful death cases from Alameda are filed in Alameda County Superior Court, René C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612. Alameda County uses a Direct Calendar system (Local Rule 3.120). Form 202-19 is required at initial filing.

Attorney Michael Rehm handles wrongful death cases throughout the City of Alameda on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.