After losing a loved one in a car accident in San Jose, take care of your family, tend to your grief, and speak with a wrongful death attorney. An experienced San Jose wrongful death lawyer from our team can handle several critical responsibilities, including dealing with insurance companies, gathering evidence of negligence, meeting legal deadlines, and conducting financial negotiations.
Filing a wrongful death claim is just the start of your pursuit of justice for a life-changing loss. This all-important fight will require substantial time and effort. Let us handle the entire case in San Jose while you focus on grieving and healing.
Contact Alexander Law Group LLP today for your free, confidential consultation about how we can be your family’s advocates and support system.
Wrongful Death Car Accident Claims in San Jose: Key Takeaways
- California law allows eligible family members to pursue a wrongful death claim when another person’s negligence causes their loved one’s death, whether on the road or through related off-road actions, such as faulty mechanic work
- Hiring a San Jose wrongful death attorney as early as possible is vitally important, as several elements of your case will be time-sensitive
- California’s statute of limitations gives surviving family members two years from the date of death to file a wrongful death lawsuit, but certain circumstances can shorten this window significantly.
- Insurance companies and other counsel may be building the case against your case as you read this, which is more reason to retain your own counsel right away.
- A wrongful death claim allows you to pursue compensation for the financial, psychological, and emotional losses your family has suffered, as well as losses that are likely to affect you going forward.
- You pay no upfront fees when you work with Alexander Law Group LLP, because we only get paid if we win your case.
What Qualifies as a Post-Accident Wrongful Death Claim in California (and Who Can File One)?
When someone is killed in a car accident caused by another driver’s negligence, recklessness, or intentional misconduct, California law allows certain surviving family members to file a wrongful death claim against the responsible party. No matter whether the negligent parties face any criminal charges, survivors can exercise their right to pursue a wrongful death claim.
Under California Code of Civil Procedure Section 377.60, survivors who may be eligible to pursue a wrongful death claim after a fatal car accident in San Jose are:
- A surviving spouse
- A domestic partner
- Surviving children
- In some cases, other dependents or family members who were financially dependent on the deceased
We do not put a price on human life. We do, however, recognize the serious and lasting damage a wrongful death causes survivors. We also believe in holding negligent parties accountable for their negligent conduct.
An experienced San Jose wrongful death attorney from our team will guide your family through every step of this process with both compassion and tirelessness.
Why Hiring a San Jose Wrongful Death Lawyer Is the Most Important Step You Can Take After a Fatal Car Accident
News of a loved one’s passing is always surreal. Grappling with grief, shock, and the sudden demands of putting a loved one to rest is a trial nobody is truly prepared for. The unexpected nature of car accident-related deaths can prolong and complicate survivors’ responses.
This unfathomably challenging reality underscores precisely why you should have a seasoned, trial-tested wrongful death attorney from our team working on your family’s behalf.
While your family focuses on each other’s recovery, your attorney will be:
- Launching an immediate investigation into the cause of the fatal car accident, securing testimony and evidence that can prove critical to your wrongful death claim
- Identifying every party whose negligence contributed to your loved one’s death, which may include an at-fault driver, a vehicle manufacturer, one or more government entities responsible for road safety, or others
- Handling all communication with insurance companies so your family never feels pressured, badgered, or disturbed in your healing process
- Filing all necessary legal documents accurately and on time, which is a non-negotiable for our detail-oriented attorneys
- Building the strongest possible case for compensation in settlement negotiations and, if necessary, taking your case before a Santa Clara County Superior Court jury
Wrongful death cases involving car accidents are legally complex and emotionally charged. Insurance companies know this, and they too often pressure grieving families to make rash decisions out of exhaustion or financial desperation.
A San Jose wrongful death lawyer from our team will shield you from such bad-faith tactics, demanding that liable parties respect your privacy and dignity as we fight for the justice you are entitled to.
The Cause of a Fatal Car Accident in San Jose Is Central to a Resulting Wrongful Death Claim
San Jose’s bustling roadways, including Highway 101, Interstate 280, Interstate 680, and surface streets throughout the city, become the scene of thousands of serious accidents each year. Fatal car accidents in San Jose are frequently caused by:
- Distracted driving, including but not limited to dangerous phone use by drivers
- Drunk and drug-impaired driving, which remains a primary cause of fatal car accidents in California
- Speeding and other types of reckless driving
- Commercial truck driver negligence, including fatigue, improper loading, and failure to follow federal safety regulations
- Defective vehicle components
- Dangerous road conditions caused by inadequate maintenance, poor design, hazardous work zones, and other preventable dangers
One of our most urgent priorities as your legal team will be to determine why the fatal crash happened. The answer to that question will lay the foundation for everything else we do to build and resolve your case.
A Word of Advice for Those Who Face a Wrongful Death: Do Not Speak to Insurers Without an Attorney
After a fatal car accident, insurance company representatives may contact your family directly. They may express condolences and seem genuine. They may present what appears to be a generous settlement offer.
Do not engage with insurers until you have engaged one of our San Jose wrongful death attorneys.
Insurance companies are for-profit businesses. Their goal is to resolve your family’s claim for as little money as possible, no matter how badly an adjuster or other employee may feel about your circumstances.
Insurance companies rarely offer early settlements that reflect the true value of survivors’ losses, regardless of how they frame them. Once you accept a settlement and sign a release, you typically cannot seek additional compensation, even if you discover new information about your or your loved one’s damages.
Your family needs to understand the true value of your claim before making any decisions. Even if you don’t intend to sign any agreement with insurers, simply speaking to their representatives can harm your case. Speaking with Alexander Law Group LLP and let us protect you and your case.
What Compensation Can Survivors Recover Through a Wrongful Death Claim in California?
California law allows surviving family members to seek compensation for both the economic and non-economic losses resulting from their loved one’s death. Recoverable damages in your case in San Jose may reflect:
- Financial support that the deceased may have provided to the family over the course of their lifetime
- The loss of financial support, benefits, or inheritance that surviving family members reasonably expected to receive
- Funeral and burial expenses
- The loss of the deceased’s love, companionship, comfort, care, assistance, protection, and moral support
- Household services that the deceased provided and that the family must now replace
- The pain and suffering of the decedent’s survivors
- Medical costs
In cases involving the at-fault party’s especially egregious conduct, such as impaired driving or road rage, the estate of the deceased may pursue punitive damages through a separate survival action.
California’s Wrongful Death Filing Deadline: What Your Family Needs to Know
California law generally provides surviving family members two years from the date of their loved one’s death to file a wrongful death lawsuit, per California Code of Civil Procedure Section 335.1. This window for filing is not as wide as it seems.
Critical evidence, including surveillance footage, electronic vehicle data, and witness testimony, becomes less reliable over time. In some cases, that evidence may become completely unavailable after a relatively brief period. If you do not engage our team soon, critical evidence can be lost.
There are also important exceptions that can alter your filing deadline significantly, including:
- If a government entity, such as the City of San Jose or Santa Clara County, bears any responsibility for the fatal accident
- Cases involving minors as claimants
We may also need to engage in multiple rounds of negotiations with insurance companies before you decide whether to pursue a lawsuit. Cases like these involve multiple steps, and starting the process as soon as possible can make a meaningful difference. Conversely, waiting to get started (by contacting our team) can only hurt your case.
Wrongful Death After a Fatal Car Accident: Questions Survivors in San Jose Often Ask
Serving survivors of fatal car accidents remains one of the most important aspects of our job, even though this work presents undeniable challenges. Some of the questions we hear most often from those survivors are:
Who can file a wrongful death claim in California after a fatal car accident?
California law generally allows a surviving spouse or domestic partner, surviving children, and, in some cases, other financial dependents of the deceased to file a wrongful death claim.
One of our San Jose wrongful death attorneys will evaluate your family’s circumstances and eligibility during your free consultation.
How long does a wrongful death case take to resolve?
Every case is different, and the timeline for each depends on several variables. We know survivors want to close their cases as efficiently as possible. That said, we encourage you to adopt a longer-term perspective, recognizing that your case outcome is the most important consideration.
What if the at-fault driver was uninsured or underinsured?
If the driver who caused your loved one’s death had little or no insurance coverage, there may still be avenues for securing compensation. Your family’s uninsured or underinsured motorist coverage is one option we can consider, but it may not be the only available strategy.
What does it cost to hire a wrongful death attorney in San Jose?
At Alexander Law Group LLP, your family pays nothing upfront and nothing out of pocket, because we handle wrongful death cases on a contingency fee basis and only get paid if we win, meaning there is absolutely no financial risk to your family in seeking the legal representation you deserve.
Losing a loved one causes an indescribable pain. Our firm feels a duty to help those in pain as only attorneys can. When you engage us, you don’t just get a San Jose wrongful death attorney. You get a support system that treats you like family.
Contact Alexander Law Group LLP Today to Discuss Your San Jose Wrongful Death Attorney
No family should have to fight an insurance company while they are mourning the loss of a loved one. You shouldn’t have to worry about whether you can bear the long-term cost of your loss.
The team at Alexander Law Group LLP is committed to San Jose families who have lost a loved one due to fatal car accidents. We take on insurance companies, at-fault drivers, and powerful corporations on behalf of real people who deserve justice for an unspeakable loss. We don’t handle cases. We represent people.
If your family has lost a loved one in a car accident anywhere in San Jose or Santa Clara County, we are ready to fight for you. Call Alexander Law Group for a free, confidential consultation with an experienced San Jose wrongful death attorney. We represent families in English and Spanish. Hablamos español.
