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San Jose Wrongful Death Attorneys

San Jose wrongful death lawyer.
When negligence takes a life, families deserve full accountability.

Losing a family member because of another person's negligence — in a car accident, a workplace incident, a medical mistake, or any preventable event — compounds grief with injustice. California's wrongful death law provides surviving family members with a legal path to compensation for the economic and emotional losses they have suffered. Our San Jose wrongful death attorneys handle these cases with the seriousness and compassion they require.

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California law on your side

Your wrongful death rights under California law

  • Who can file a wrongful death claim in California — Under Cal. Code Civ. Proc. § 377.60, the surviving spouse or domestic partner, children, and grandchildren of the deceased have standing to file. If none of these survive, parents and siblings may be eligible depending on specific circumstances.
  • Economic damages — financial support and services — Recoverable economic losses include the deceased's projected lifetime earnings and financial contributions to the household, the value of household services they provided, and the loss of gifts and benefits the family expected to receive.
  • Non-economic damages — grief and companionship — California allows recovery for the loss of the deceased's love, companionship, comfort, care, assistance, protection, affection, society, and moral support. These are real losses that California law recognizes and compensates.
  • Survival action — separate claim for the deceased's own suffering — A survival action is separate from the wrongful death claim. It allows the estate to recover for the pain, suffering, and economic losses the deceased experienced between the injury and death. Both claims can be brought simultaneously.
  • Two-year statute of limitations — Wrongful death claims in California must be filed within two years of the date of death under Cal. Code Civ. Proc. § 335.1. If a government entity is involved, a government tort claim must be filed within six months of the death — not two years. Missing this administrative claim deadline eliminates the right to sue entirely.
  • Delayed discovery rule — In some wrongful death cases, the cause of death is not immediately apparent. California's delayed discovery rule may allow the two-year clock to start from the date the family reasonably discovered — or should have discovered — the wrongful act. This most commonly applies in medical malpractice deaths and toxic exposure cases.
  • Minors and tolling — If a surviving claimant is a minor, California law may toll (pause) the statute of limitations until the child turns 18. An attorney should analyze each claimant's deadline separately, as they can differ within the same family.
  • Do not accept early settlement offers — Insurance companies often approach grieving families with early settlement offers. These offers are almost universally far below the actual value of the case. Do not sign anything before consulting us.
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California wrongful death law — what families need to know

California's wrongful death statute (Cal. Code Civ. Proc. § 377.60) allows the surviving immediate family to recover for both economic losses and non-economic losses including grief and loss of companionship. The survival action under § 377.30 separately compensates the estate for the deceased's own suffering and economic losses before death. Both are brought simultaneously, and understanding the distinction is critical to maximizing recovery.

San Jose crash types and locations that generate wrongful death cases

Highway 101 and 880 high-speed commercial vehicle collisions. Pedestrian fatalities on wide arterials — Monterey Road, Story Road, Capitol Expressway. Construction site fatalities at active development projects in North San Jose and Diridon. Fatal bicycle crashes on unprotected lanes and trail crossings. Negligent security and criminal violence at commercial properties. Medical malpractice deaths at local hospital systems.

In-depth guide

Wrongful death claims in San Jose — what you're up against

When someone is killed by another party's negligence, A wrongful death lawyer in San Jose can explain that California law provides two separate claims to survivors: the wrongful death action brought by the family for their own losses under Cal. Code Civ. Proc. § 377.60, and the survival action brought on behalf of the estate for the losses suffered by the person who died under § 377.30. Most families are told about one. Very few are told about both. The difference in recovery can be significant.

Wrongful death cases attract defense resources proportional to the exposure. A commercial vehicle carrier whose driver killed someone deploys an accident reconstruction team within hours. A property owner whose dangerous condition caused a fatality has a defense attorney on-site before the family has spoken to anyone. When you call us, we close the gap immediately by beginning our own preservation and investigation in parallel with the defense.

The most common wrongful death cases we handle in San Jose

Vehicle collision fatalities are the most frequent category. A surviving family brings the wrongful death claim for financial support, loss of companionship and love, and household services. The survival action recovers the decedent's medical expenses and the fear and suffering experienced between the crash and death. Both flow from the same collision; both require separate documentation.

Commercial vehicle and trucking fatalities involve the motor carrier's policy, the freight broker's policy, the trailer owner's coverage and potentially a product liability claim against a vehicle or equipment manufacturer. Federal FMCSA regulations impose specific duties on carriers, and violation of those regulations is admitted evidence of negligence in the civil case.

Construction site and work zone fatalities produce both a workers' compensation death benefit claim and a civil wrongful death claim against the parties other than the deceased's employer. Cal. Labor Code § 4700 provides burial allowance and death benefits. But those benefits cover a fraction of a working adult's economic value to their family. The civil claim is where full recovery lives.

Negligent security and criminal violence deaths arise when a property owner fails to take reasonable security measures in a setting where criminal activity was foreseeable. Prior crime reports from the San Jose Police Department, security audit findings and prior incident reports at the property establish foreseeability. The property owner's failure to act on that knowledge is the basis of the claim.

Medical malpractice and wrongful death arising from care at local hospital systems and medical groups. California's Medical Injury Compensation Reform Act (MICRA), Cal. Civ. Code § 3333.2, caps non-economic damages in medical malpractice actions. Cases require retained expert witnesses and a MICRA-compliant review process before a suit can be filed. We coordinate that process on behalf of the family.

What wrongful death evidence we collect immediately after your call

Wrongful death evidence has two timelines running at once: the preservation of accident evidence, which degrades immediately, and the documentation of the family's losses, which continues for years. Financial records, tax returns, life insurance, contribution history and care responsibilities are all relevant to the wrongful death damage calculation. The survival action requires evidence of pre-death awareness and suffering that is often documented only in emergency records and witness accounts.

When you call, we move on both timelines simultaneously. We issue evidence preservation demands to every party with potential liability. We document the family's financial and caregiving relationship with the person who died. The appropriate liability analysis is identified — accident reconstruction, construction safety, security expert, or medical expert depending on the cause — before the defense has closed its investigation. We handle the family's communications with every insurer.

What your wrongful death case is worth in Santa Clara County

Wrongful death value in Santa Clara County is driven by the earnings history and future earning capacity of the person who died. A software engineer, nurse, tradesperson or small business owner with 20–30 earning years ahead generates a projected economic loss in the millions. Non-economic losses — grief, loss of companionship and moral support — are not capped in ordinary negligence wrongful death cases in California.

As your wrongful death lawyer in San Jose, we do not estimate recovery before reviewing the decedent's income records, the surviving family's dependency, and the applicable policies. We show families comparable Santa Clara County wrongful death outcomes at the initial consultation so they can understand what a fully documented claim looks like against what an initial carrier offer typically is. There is always a gap, and the gap is always large.

The two-year wrongful death deadline and why acting fast matters

California's statute of limitations for personal injury is two years from the date of injury under Cal. Code Civ. Proc. § 335.1. If a government entity — the City of San Jose, Santa Clara County, or Caltrans — bears any responsibility, the deadline shrinks to six months for filing a government tort claim under Cal. Gov. Code § 911.2. Missing either deadline ends your case permanently, regardless of how strong your evidence is.

Do not wait. Evidence preservation, medical documentation, and case filing all happen faster with representation. The free consultation costs you nothing. Call us today.

Our process

What happens after you call a San Jose wrongful death lawyer

No confusion. No pressure. Here is exactly what to expect when you contact us.

1

Free wrongful death case review

We review your accident and injuries at no cost. You get an honest assessment of your claim's value — no obligations.

2

We take over your wrongful death claim

We handle all insurance communications, issue evidence preservation letters, and begin building your claim immediately.

3

We negotiate your wrongful death settlement

We know what wrongful death cases in Santa Clara County are worth. We reject lowball offers and document your full damages.

4

You get your wrongful death settlement

Our fee comes from your settlement only — never out of pocket. If we do not win, you owe us nothing.

Common questions

Wrongful death questions — answered by San Jose attorneys

Under Cal. Code Civ. Proc. § 377.60, the surviving spouse or domestic partner, children, and grandchildren (if no children survive) have primary standing to file. If none of these relatives survive, parents and siblings may have standing depending on the specific circumstances. The personal representative of the estate also has standing to bring a survival action simultaneously with the family's wrongful death claim. We advise all surviving family members on their specific rights in the first consultation.
A wrongful death claim under Cal. Code Civ. Proc. § 377.60 compensates surviving family members for their own losses — the economic support, love, companionship, and guidance they lost when their family member died. A survival action under § 377.30 is brought by the estate and compensates for what the deceased suffered and lost between the time of injury and the time of death. Both can be brought simultaneously, and together they provide the most complete recovery for the family.
Two years from the date of death under Cal. Code Civ. Proc. § 335.1. If a government entity was responsible — a city vehicle, public hospital, or government employee — the family must file a government tort claim within six months of the date of death. Missing either deadline permanently bars the claim regardless of how clear the negligence was. Call us immediately — we file preservation holds and begin investigating within 24 hours of being retained.
Recoverable economic damages include the deceased's projected lifetime earnings and the financial support those earnings would have provided to the family; the present value of household services the deceased provided (childcare, home maintenance, eldercare); and the value of gifts, benefits, and inheritances the family reasonably expected to receive. Forensic economic analysis calculates and presents these losses with precision.
No. Insurance companies approach grieving families with early settlement offers specifically because families are in shock and may not understand the full value of their claim. Early offers are almost universally far below what the case is worth. Once you sign a release, you cannot go back. Call us before signing anything — the consultation is free, and we will give you an honest assessment of whether the offer reflects the actual value of your family's losses.

Lost a family member due to someone's negligence? Call us.

We handle wrongful death cases with the seriousness and compassion your family deserves. Free consultation.

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Wrongful death legal authorities and official sources

The statutes, agencies and public resources referenced on this page. Verify any deadline against the primary source.

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