San Jose Wrongful Death Lawyer

Losing a loved one unexpectedly is one of the most painful experiences a family can endure, especially when that loss could have been prevented. When negligence or wrongdoing is involved, hiring an experienced wrongful death lawyer can be a critical step toward holding the responsible party accountable. While it is understandable for the grieving families to take their time and process their losses, it is recommended for them to take legal action if there is an at-fault party responsible for the wrongful act.

At West Coast Trial Lawyers, we understand the overwhelming grief, confusion, and financial burdens that come with such a tragedy, and we are here to guide you through the legal process with care and determination. We are a personal injury law firm with over 20 years of legal experience in handling wrongful death cases and we are confident in our ability to get you the financial compensation you deserve for your losses. We have recovered over $1.6 billion in compensation for our clients and our compassionate team of wrongful death lawyers are available 24/7 to answer any questions or concerns you may have about your case.

For a free consultation with an experienced San Jose wrongful death lawyer, call (213) 927-3700 or fill out our online contact form to connect with our dedicated legal team today

What Are Wrongful Death Claims?

Losing a loved one because of someone else’s negligence or wrongdoing is an unimaginable pain no one should have to endure. A wrongful death claim allows families to seek justice and hold the responsible party accountable. These claims often arise from heartbreaking situations like car accidents or any auto-mobile accident, medical malpractice, or workplace accidents.

Surviving spouses and children generally have the legal right to file wrongful death claims, but other family members such as parents and siblings may also qualify under certain circumstances. While there is no amount of money that can replace a life, filing a wrongful death claim can help the surviving family with financial relief for medical bills, funeral expenses, lost income, and any other financial burdens your family has been inflicted upon.

Common Causes of Wrongful Death

A wrongful death is a devastating reality that no family should have to face. These tragedies often result from preventable incidents caused by negligence or misconduct. While no one should be prepared to handle a sudden and unfortunate passing of a loved one, understanding some of the most common causes may help prevent one from occurring.

Car Accidents and Motor Vehicle Crashes

Car accidents remain a leading cause of wrongful deaths, because they are often caused by reckless behaviors such as speeding, drunk driving, distracted driving, or even defective vehicle parts. Whether the accident involved a single vehicle, a collision between cars, or a larger-scale crash involving trucks or motorcycles, these incidents can leave behind fatalities and accident scenes that could have been preventable.

Dangerous or Defective Products

Wrongful deaths can also occur when companies fail to ensure their products are safe for consumers. Common examples include:

• Defective car parts causing accidents
• Unsafe medical devices leading to fatal injuries or complications
• Contaminated food products or dangerous household items

When manufacturers cut corners, innocent lives are at risk, and they must be held accountable.

Premises Liability and Unsafe Property Conditions

Landowners and property managers have a duty to maintain safe environments. Tragically, wrongful deaths can occur in situations like:

• Slip-and-fall accidents leading to fatal injuries
• Fires caused by inadequate maintenance or faulty wiring
• Drownings in pools without proper fencing or supervision
• Falling objects in poorly managed spaces

Our attorneys ensure that property owners who neglect their responsibilities are held accountable.

Eligibility to File a Wrongful Death Lawsuit

In California, the eligibility to file a wrongful death lawsuit is defined and outlined in California Code of Civil Procedure Section 377.60. Understanding who can file is crucial to ensure that the right parties are seeking justice for their loss. Typically, the following individuals have the legal standing to bring forth a wrongful death lawsuit:

• The surviving spouse or domestic partner of the deceased
• The children of the deceased
• The parents of the deceased
• The descendants of the deceased
• The representative of the estate of the deceased

To be eligible, the deceased must have died due to the negligence or misconduct of another party. It’s important to act within the legal timeframe, as the claim must be filed within two years of the date of death. Additionally, there must be provable damages resulting from the death, such as financial losses or emotional suffering. If you are unsure about your eligibility, consulting with a wrongful death attorney can provide clarity and guidance.

Filing a Wrongful Death Lawsuit in California

Losing a loved one because of someone else’s actions is devastating, and navigating the legal system during such a painful time can feel impossible. Filing a wrongful death lawsuit is an important step to seek accountability and provide some financial stability for your family, but it’s not something you should have to do alone. At West Coast Trial Lawyers, we’re here to guide you through this process and help you take the steps toward justice. In a wrongful death action, the types of damages recoverable can include pain and suffering for the family, loss of companionship, and financial support.

How Long Do You Have to File a Wrongful Death Claim?

In California, you have a limited window of time to file a wrongful death claim. For most cases, the law gives you two years from the date of death to file. However, if the death was caused by medical negligence, such as a doctor’s mistake or hospital error, you may have up to three years. These deadlines are strict, and missing them can prevent you from holding the responsible party accountable, which is why acting quickly is so important.

What We Can Do to Help You

We know you have enough to deal with already. That’s why we handle the legal side of things so you don’t have to. Here’s how we help:

• Breaking Down the Law for You: California’s laws can be confusing, but we’ll explain them in plain language so you’re never left wondering what’s next.
• Taking Care of Deadlines: The last thing you need to worry about is paperwork. We make sure everything is filed on time and done correctly.
• Fighting for Your Family: Whether it’s gathering evidence, negotiating with insurance companies, or going to court, we’ll fight for the compensation your family deserves.

What Can You Recover in a Wrongful Death Case?

We understand that no amount of money can replace the person you’ve lost. But a wrongful death claim can help ease some of the financial burdens you’re now facing. This may include:

• Covering medical bills and funeral costs
• Replacing lost income and future financial support
• Acknowledging the loss of companionship and emotional pain

The Role of a Wrongful Death Attorney

When you’re dealing with the loss of a loved one, the last thing you want is to face the legal system on your own. That’s where wrongful death lawyers come in. They’re not just legal professionals—they’re advocates who help families seek justice, accountability, and the financial security needed to move forward.

Investigating the Case

A wrongful death attorney digs into the details of your case to uncover the truth. This includes:

• Conducting a thorough investigation to determine who is at fault
• Reviewing accident reports, medical records, and other key documents
• Consulting with experts, such as accident reconstruction specialists or medical professionals, to strengthen your claim

By piecing together what happened, they build a solid case to support your family’s fight for justice.

Handling the Legal Process

The legal process can be overwhelming, especially when you’re grieving. A wrongful death attorney takes that burden off your shoulders by managing:

• Communication with insurance companies and opposing lawyers
• Filing the necessary paperwork and ensuring all deadlines are met
• Representing you in negotiations or, if needed, in court

Their role is to handle the complexities of the legal system so you can focus on mourning for your losses.

Advocating for Your Family’s Future

Your attorney isn’t just fighting for compensation—they’re fighting for what your family deserves after such a profound loss. This can include:

• Securing damages for the financial support your loved one would have provided
• Seeking justice for the pain and emotional suffering caused by the loss
• Helping you find closure by holding the responsible party accountable

The Wrongful Death Claims Process

Navigating the wrongful death claims process can be daunting, but understanding the steps involved can help you feel more prepared. Here’s a general outline of what to expect:

1. Initial Consultation: The first step is to meet with an experienced wrongful death attorney. During this consultation, you’ll discuss the details of your case and determine the best course of action.
2. Investigation: Your attorney will gather evidence and conduct a thorough investigation into the circumstances surrounding the death. This may involve reviewing medical records, accident reports, and consulting with experts.
3. Filing the Claim: The next step is to file the wrongful death claim with the court. This must typically be done within two years of the date of death.
4. Discovery: During the discovery phase, both parties exchange information and evidence. This process is crucial for building a strong case.
5. Negotiation: Your attorney will negotiate with the opposing party to reach a fair settlement. This step can often resolve the case without going to trial.
6. Trial: If a settlement cannot be reached, the case will proceed to trial. Your attorney will represent you in court, fighting for the justice and compensation your family deserves.

Having an experienced wrongful death attorney by your side can make this complex process more manageable, allowing you to focus on healing.

What to Expect from a Wrongful Death Case

A wrongful death case can be both emotionally challenging and time-consuming. Here’s what you can expect throughout the process:

• Emotional Support: An experienced wrongful death attorney will provide not only legal expertise but also emotional support and guidance. They understand the profound impact of your loss and are there to help you through this difficult time.
• Financial Support: A successful wrongful death claim can provide financial support to cover medical bills, funeral expenses, and other related costs. This financial relief can help ease some of the burdens you’re facing.
• Investigation: A thorough investigation will be conducted to gather evidence and determine the cause of death. This step is crucial for building a strong case.
• Negotiation: Your attorney will negotiate with the opposing party to reach a fair settlement. This can often resolve the case without the need for a trial.
• Trial: If a settlement cannot be reached, the case will proceed to trial. Your attorney will represent you in court, fighting for the justice and compensation your family deserves.

Throughout the process, your wrongful death attorney will be your advocate, working tirelessly to ensure your family’s rights are protected and that you receive the compensation you deserve. To get a rough estimate of what your settlement may be, use our in-house personal injury calculator.

What to Look for When Hiring a Wrongful Death Lawyer

Choosing the right wrongful death lawyer is one of the most important decisions you can make after losing a loved one. It’s not just about finding someone who practices law—it’s about partnering with an attorney who has the experience, skill, and dedication to truly fight for your family’s best interests. Look for a lawyer with a proven track record of successfully handling wrongful death lawsuits, as these cases are complex and require specialized knowledge of personal injury law.

Pay close attention to their history of securing significant compensation for clients in cases like yours. Are they experienced in holding negligent parties accountable, whether it’s a driver, healthcare provider, employer, or another entity? Do they have the resources to thoroughly investigate the circumstances of your case, including gathering evidence, consulting experts, and building a strong argument on your behalf?

A great wrongful death attorney will not only have a deep understanding of the legal process but also demonstrate compassion and a genuine commitment to supporting families through such a difficult time. Be critical and discerning—ask questions, review their credentials, and assess their willingness to prioritize your case.

Types of Compensation in Wrongful Death Claims

A wrongful death claim allows you to seek compensation to ease these burdens and provide support for your family’s future. Knowing the types of compensation available can help you see the full scope of what your family may recover.

Economic Damages: Covering Tangible Losses

Economic damages focus on the direct financial losses caused by your loved one’s passing. These include:

• Medical Expenses: Any medical bills incurred from the time of the injury or illness leading up to their passing.
• Funeral and Burial Costs: A wrongful death claim can help cover the often overwhelming expenses of laying your loved one to rest.
• Lost Income and Financial Support: If your loved one was the primary breadwinner, you may recover compensation for the income they would have earned to support your family.

These damages address the measurable costs of losing your loved one, helping to reduce the immediate financial strain.

Non-Economic Damages: Recognizing Emotional Losses

The loss of a loved one is more than just financial—it leaves an emotional void that can never truly be filled. Non-economic damages aim to acknowledge this profound loss and provide some measure of justice for what you’ve endured. These include:

• Loss of Companionship: The absence of your loved one’s presence, love, and support in your daily life.
• Pain and Suffering: Compensation for the emotional toll the loss has taken on you and your family.
• Lost Guidance and Care: Especially significant for children, this covers the loss of a parent’s wisdom, nurturing, and life-long support.

While these losses are more difficult to quantify, they’re no less significant, and your attorney will fight to make sure they’re recognized.

Schedule a Free Consultation with a San Jose Wrongful Death Attorney

Losing a loved one is never easy. At West Coast Trial Lawyers, we are here to support you every step of the way, offering compassionate guidance and tireless advocacy during one of the most challenging times in your life. If someone else’s negligence has taken your loved one from you, don’t wait to take action. Let us listen to your story, stand by your side, and fight for the justice and compensation your family deserves.

Call (213) 927-3700 or fill out our quick online contact form today to schedule your free consultation. You don’t have to face this alone—we’re here to help.