San Jose Wrongful Death Lawyer
California law gives surviving family members the right to file a wrongful death claim and pursue compensation when a loved one is killed by another person’s negligence. Alexander Law Group LLP represents San Jose families in these cases.
Losing someone because of another person’s actions brings grief alongside urgent legal decisions. We help families understand their options, navigate the process, and reach a resolution that holds the responsible party accountable. When your family is ready to talk, we are ready to listen.
Call 408-289-1776 for a free consultation with a San Jose wrongful death attorney.
San Jose Wrongful Death Guide
- What Is a Wrongful Death Claim in California?
- Wrongful Death vs. Survival Action: Two Claims, One Case
- Who Can File a Wrongful Death Claim in San Jose?
- What Damages Can Be Recovered in a San Jose Wrongful Death Case?
- Common Causes of Wrongful Death Cases We Handle in San Jose
- How the Wrongful Death Process Works in San Jose
- California’s Statute of Limitations: Why Timing Matters
- Frequently Asked Questions About Wrongful Death Claims in California
- You Do Not Have to Figure This Out on Your Own
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit filed when a person dies because of another party’s negligent, reckless, or intentional conduct. It is completely separate from any criminal prosecution. A family can pursue a wrongful death case even if no criminal charges were filed, and even if a criminal defendant was acquitted at trial.
Under California Code of Civil Procedure § 377.60, wrongful death claims give eligible surviving family members the right to seek compensation for the financial and personal losses they have suffered as a result of losing their loved one.
Wrongful Death vs. Survival Action: Two Claims, One Case
California law provides two separate legal claims that are frequently filed together:
- A wrongful death claim belongs to the surviving family members. It compensates them for their own losses, including the financial support, companionship, and guidance they can no longer receive.
- A survival action belongs to the deceased person’s estate. It pursues damages the deceased could have recovered had they survived, including medical expenses incurred before death and compensation for pain and suffering experienced before passing.
Both claims can be pursued simultaneously and are often handled together by the same legal team. Our San Jose wrongful death attorneys will evaluate which claims apply to your situation and pursue the full value of both.
Who Can File a Wrongful Death Claim in San Jose?
Not every family member automatically qualifies to file. California law defines who is eligible to bring a wrongful death claim, and the rules turn on specific facts about your family’s relationship with the deceased.
Priority Plaintiffs Under California Law
Under California Code of Civil Procedure § 377.60, the following individuals are typically entitled to file:
- Surviving spouse or registered domestic partner
- Surviving children of the deceased
- Surviving grandchildren, if the deceased’s children are also deceased
- Any minor who lived in the deceased’s household for at least 180 days before the death and was dependent on the deceased for at least half of their financial support
Other Eligible Family Members
If none of the above individuals exist, California law allows other family members who were financially dependent on the deceased, including parents, siblings, or other next of kin, to file a claim.
If you are unsure whether you qualify, that question is best answered in a direct conversation with a San Jose wrongful death lawyer from our firm. Eligibility questions come up regularly, and who qualifies and for how much can significantly affect the outcome of a case.
Call 408-289-1776 to find out where your family stands.
What Damages Can Be Recovered in a San Jose Wrongful Death Case?
Economic Damages
Economic damages cover the measurable financial losses that surviving family members have suffered as a result of the death. These typically include:
- Lost financial support and income that the deceased would have contributed
- Lost gifts, inheritances, or other financial benefits the family reasonably expected
- Funeral and burial expenses
- The dollar value of household services the deceased provided, including childcare and home maintenance
Non-Economic Damages
Non-economic damages address the deeply personal losses that cannot be placed on a spreadsheet. California law treats them as fully compensable — including pain and suffering — all the same:
- Loss of love, companionship, comfort, and affection
- Loss of moral guidance and mentorship, particularly meaningful for surviving children
- Loss of consortium for a surviving spouse or domestic partner
California does not impose a cap on non-economic damages in wrongful death cases (unlike in medical malpractice cases), which means families can pursue full compensation for everything they have truly lost, not an arbitrarily limited version of it.
What Wrongful Death Claims Do Not Cover
A wrongful death claim in California does not include compensation for the pain and suffering the deceased experienced before death or for the damages they could have claimed in their own name. Those claims belong to the estate and are pursued separately through a survival action under CCP § 377.30.
Common Causes of Wrongful Death Cases We Handle in San Jose
Wrongful death cases come out of many different situations. These are the categories Alexander Law Group LLP handles most often for San Jose families.
Fatal Car and Truck Accidents
Fatal accidents on I-280, US-101, Highway 87, and I-880 frequently raise questions about Caltrans maintenance obligations, signal timing, and highway design standards, all of which affect who bears liability and what claims are available. Trucking cases in particular involve multiple potentially liable parties: the driver, the trucking company, and sometimes cargo loaders or maintenance contractors. Auto accidents on these same corridors are among the most common causes of wrongful death claims in Santa Clara County.
Pedestrian and Bicycle Fatalities
When a driver’s negligence kills a pedestrian in San Jose, the surviving family has the right to file a wrongful death claim against the responsible driver. Dangerous intersections, high-speed arterials, and drivers who fail to yield create conditions where fatal accidents happen. Bicycle and pedestrian accidents on San Jose streets account for a significant share of the wrongful death cases our firm handles.
After such tragedies, the victim’s family has the right to pursue a wrongful death claim against the responsible driver.
Drunk Driving Deaths
When someone chooses to drive impaired and takes a life as a result, that choice carries both criminal and civil liability. Alexander Law Group LLP represents San Jose families who have lost loved ones to drunk drivers. We pursue civil liability independently of any criminal proceedings, so families do not have to wait for a criminal case to conclude before seeking compensation.
Fatal Construction Accidents
San Jose’s ongoing development has brought significant construction activity, and with it, serious hazards. When a fatal construction site accident results from a property owner’s failure to maintain safe conditions, a general contractor’s negligence, or defective equipment, surviving family members may have a wrongful death claim that operates independently of any workers’ compensation coverage.
Defective Products
When a product fails catastrophically and causes a death, whether a defective vehicle component, a dangerous consumer product, or faulty safety equipment, the manufacturer, distributor, or retailer may bear liability. These cases require detailed technical investigation and specialized analysis. Alexander Law Group LLP builds these cases for San Jose families from the ground up.
How the Wrongful Death Process Works in San Jose
Step One: Case Evaluation
The first step is an honest review of the circumstances, including what happened, who was involved, and whether the evidence supports a viable claim. An attorney will identify potentially liable parties and give your family a realistic picture of what the case may involve, before any commitment is made and at no cost to you.
Step Two: Investigation and Evidence Preservation
Once a claim is confirmed, we move quickly to preserve evidence, identify liable parties, and build the case before critical documentation becomes unavailable.
Step Three: Filing the Claim
Your attorney will file the appropriate claims for wrongful death, survival action, or both in Santa Clara County Superior Court if litigation is necessary. Many cases resolve through negotiated settlement before reaching trial, but Alexander Law Group LLP prepares every case as if it will go before a jury.
Step Four: Resolution and Compensation
Whether through settlement or trial, the goal is full and fair compensation for your family’s losses. We handle wrongful death cases on a contingency fee basis, which means that you pay nothing in attorney’s fees unless there is a recovery.
California’s Statute of Limitations: Why Timing Matters
In most wrongful death cases in California, surviving family members have two years from the date of death to file a lawsuit under California Code of Civil Procedure § 335.1. Missing this deadline means losing the right to pursue compensation permanently, regardless of how strong the underlying case was.
There are important exceptions. When the defendant is a government entity, such as the City of San Jose, the County of Santa Clara, or a public transit agency, the timeline is significantly shorter. A government claim must typically be filed within six months of the date of death, before a lawsuit can even be initiated. Failure to meet this deadline can bar recovery entirely.
These deadlines make early legal consultation essential, not a suggestion. The sooner an attorney reviews your case, the better protected your rights will be under the California statute of limitations.
Frequently Asked Questions About Wrongful Death Claims in California
Can We File a Wrongful Death Claim if the Person Responsible Also Died in the Same Accident?
Yes. When the at-fault party also died in the incident, your family can still pursue a wrongful death claim against their estate and any applicable insurance. Liability is determined by the conduct that caused the death, not the survival of the person responsible. An attorney can identify all sources of compensation available to your family.
What if Our Loved One Was Partially at Fault for the Accident That Killed Them?
California follows a pure comparative fault rule, which means your family can still recover even if your loved one shared some responsibility for what happened. The total damages are reduced proportionally by their degree of fault, but a finding of partial fault does not eliminate your right to recover.
How Is Wrongful Death Compensation Divided Among Family Members?
In California, wrongful death damages are apportioned among eligible plaintiffs based on each individual’s actual losses and their relationship with the deceased. Family members do not automatically receive equal shares. Your San Jose wrongful death lawyer will ensure every eligible person’s interests are properly represented throughout the process.
Does a Wrongful Death Settlement Affect Life Insurance or Survivor Benefits?
Generally, a civil wrongful death settlement is separate from life insurance proceeds and government survivor benefits. Receiving a civil settlement does not automatically reduce what you receive from other sources, though the specifics depend on your individual circumstances. Raise this question directly with your attorney early in the process.
What if No Criminal Charges Were Filed Against the Person Responsible?
A wrongful death claim can proceed entirely independently of whether criminal charges were filed or resulted in a conviction. The civil standard of proof, a preponderance of the evidence, is lower than the criminal standard. Families have recovered civil damages in cases where no criminal prosecution occurred.
You Do Not Have to Figure This Out on Your Own
There is no obligation and no upfront cost to reach out. Alexander Law Group LLP handles wrongful death cases on a contingency fee basis. Your family pays no attorney’s fees unless we recover compensation on your behalf.
Our wrongful death attorneys in San Jose are familiar with how wrongful death cases move through Santa Clara County Superior Court and bring that familiarity to every case we take. This shows in our case results. Our Spanish-speaking clients work directly with our bilingual staff throughout their case, from the initial call through resolution.
If you have lost someone because of another person’s negligence, the next step is a conversation, not a commitment. Call Alexander Law Group LLP at 408-289-1776 or contact us online to speak with a San Jose wrongful death attorney today. Your first consultation is free and confidential.
Alexander Law Group LLP serves wrongful death clients throughout San Jose and Santa Clara County.
Alexander Law Group, LLP – San Jose Office
Address: 99 Almaden Blvd., Suite 700, San Jose, CA 95113
Phone: 408-289-1776
San Jose Practice Areas
We Offer A Free Evaluation. Call Us.
No settlement; no charge. Period. Contact us to schedule a free consultation. We have offices in San Jose and throughout the Bay Area, and we frequently work with clients nationwide to achieve the results they need to move on, Call our firm at 888-777-1776, or send us an email.
Excellent Service
After an SUV rollover on a freeway claimed our daughter’s life, the highway patrol blamed her for the accident. We refused to accept that and hired Richard Alexander. Dick proved that a defective tire caused an already dangerous SUV to roll. Hear what Bob and Janet have to say about Dick.
~ Bob and Janet Pettit, wrongful death, Henderson, Nevaday
