San Jose Wrongful Death Lawyer

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the survivors or beneficiaries of a deceased person against a party or entity they believe is responsible for the death of their loved one. The primary purpose of a wrongful death claim is to seek compensation for the losses and damages that result from the death, such as medical expenses, funeral costs, lost income, and the emotional suffering of the survivors.

Common Causes of Wrongful Death in San Jose

Wrongful death claims typically arise in situations where the death was caused by someone else’s negligence, recklessness, intentional harm, or a breach of duty.

Common examples of circumstances our wrongful death lawyers have handled have led to wrongful death claims include:

• Auto accidents
• Truck accidents
• Bicycle and pedestrian accidents
• Construction accidents
• Defective products
• Dog mauling
• Premises Liability
• Other types of accidents

Some catastrophic injuries that can result in wrongful death claims include:

• Traumatic brain injuries
• Burn injuries
• Spinal cord injuries

How Do I Prove Wrongful Death?

For a successful wrongful death claim based on negligence, we must establish:

1. Duty of Care: The first element is demonstrating that the defendant owed a legal duty of care to the deceased person. This duty of care varies depending on the circumstances and the relationship between the parties. For example, drivers owe a duty of care to other road users and property owners owe a duty of care to visitors.
2. Breach of Duty: The second element requires showing that the defendant breached or violated the duty of care owed to the deceased person. In other words, you must establish that the defendant’s actions or omissions fell below the standard of care expected in the given situation. This often involves demonstrating negligence, recklessness, or a failure to fulfill their duty.
3. Causation: The third element is establishing a direct causal link between the defendant’s breach of duty and the death of the individual. You must prove that the defendant’s actions or negligence were the proximate cause of the fatal injuries or circumstances. It’s crucial to demonstrate that “but for” the defendant’s actions, the death would not have occurred.
4. Damages: The fourth element requires providing evidence of the damages suffered as a result of the wrongful death. This can include both economic and non-economic damages, such as medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship. The damages must be quantifiable and directly attributable to the defendant’s breach of duty.

California Wrongful Death Laws

In California, a wrongful death claim allows for the recovery of certain damages. These damages are intended to compensate the surviving family members and the decedent’s estate for the losses suffered due to the decedent’s wrongful death.

California law allows certain economic and non-economic damages to be sought in a wrongful death claim.

What Damages Are Available in a San Jose Wrongful Death Claim?

Economic damages compensate for quantifiable financial losses that result from the death, such as:

• Funeral, burial or cremation expenses
• Loss of financial support the deceased would have provided to the family had they survived
• Loss of household services the deceased provided to the family, such as childcare, housekeeping, and other contributions to the household

Non-economic damages are more subjective and harder to value. These damages are intended to compensate for the emotional losses, such as:

• Loss of companionship, comfort, and attention the family suffers due to the loss of their loved one
• Loss of consortium (the loss of the decedent’s intimate companionship to a spouse or domestic partner)
• Mental anguish and emotional distress of the deceased before their death

Who Can Bring a San Jose Wrongful Death Claim?

California law allows only certain family members to bring a wrongful death lawsuit. These include:

• The decedent’s surviving spouse or domestic partner
• The decedent’s children
• The decedent’s grandchildren (but only if the decedent’s children are deceased)
• Other children (such as stepchildren) who were dependent on the decedent for at least 50 percent of their financial support

If more than one of the above family members survived the decedent, the damages will be divided among them. The court determines the amount of damages each receives.

The decedent’s estate can also bring a claim seeking compensation. This is called a survivorship action.

Survivorship Actions vs. Wrongful Death Claims

Survivorship actions are similar to wrongful death claims in that they seek compensation for the decedent’s wrongful death. But these actions can only be brought if the deceased did not immediately die from their injuries. You can think of a survival claim as a personal injury lawsuit brought by the deceased had they not died from their injuries.

In some cases, the decedent may have filed a personal injury lawsuit prior to their death. In that case, if the wrongful death claim and the survival action involve the same incident, they may be consolidated into a single lawsuit.

What Damages Can You Recover in a San Jose Survivorship Action?

Damages available in a survivorship action include any damages the decedent suffered before their death, which they could have recovered through a personal injury lawsuit had they survived.

These may include economic damages, such as:

• Medical expenses incurred from the date of the accident to the date of the decedent’s death
• Lost income or earnings
• Property damage

As of January 1, 2022, California now allows non-economic damages in survivorship actions, such as:

• Pain and suffering
• Disfigurement

Punitive damages may also be awarded, but only in cases where the wrongdoer acted with malice.

Who Can Bring a San Jose Survivorship Action?

California law allows the personal representative of the deceased person’s estate to bring a survivorship claim seeking damages the decedent could have sued for had they not died. If there is no personal representative, then the decedent’s successor-in-interest (beneficiary of the estate) can bring a claim.

What is the Deadline for Filing a Wrongful Death Claim?

California’s statute for filing a wrongful death claim is two years from the date of the death. However, a discovery rule exception allows surviving family members to file a claim within two years of the date they first learned or should have known of the wrongful act that led to their loved one’s death. This is sometimes the case in medical malpractice lawsuits that result in death of a patient.

Survivorship actions have a different time frame. These must be filed by the personal representative of the decedent’s estate within two years of the date of the decedent’s injury or six months after the decedent’s death, whichever comes first.

It’s important to understand that the California statute of limitations is a firm deadline. If you fail to file within this timeline, you lose your opportunity to seek compensation through the court system. Other exceptions can shorten or lengthen this deadline, so consult a wrongful death lawyer as soon as possible to ensure you don’t miss any important deadlines.

How can a Lawyer Help with My San Jose Wrongful Death Claim?

A lawyer from Alexander Law Firm LLP can provide valuable assistance with your wrongful death claim in various ways, leveraging their legal experience and experience to help you navigate the complexities of the legal process. Here are some ways in which a lawyer from the firm can assist you:

Legal Evaluation

Your attorney will assess the details of your case and determine whether you have a valid wrongful death claim. They will consider the circumstances, potential liability, and the available evidence to gauge the strength of your case.

Explanation of Rights

Your lawyer will explain your legal rights and help you understand the legal options available to you. They will clarify the potential outcomes and the process involved in pursuing a wrongful death claim.

Investigation

A crucial aspect of a wrongful death case is gathering evidence to support your claim. Your attorney will conduct a thorough investigation, which may involve interviewing witnesses, obtaining relevant records, and consulting with experts when necessary.

Establishing Liability

Your lawyer will work to establish liability by demonstrating that the responsible party owed a duty of care to the deceased, breached that duty, and that breach directly caused the death.

Documentation and Filing

Handling the necessary paperwork and documentation is a significant part of a wrongful death claim. Your attorney will ensure all legal documents are correctly prepared and filed within the required deadlines.

Negotiation

Your lawyer will engage in negotiations with the opposing party (often an insurance company) to seek a fair settlement that covers your damages. They will use their negotiation skills to advocate for your best interests and strive for a favorable outcome without going to trial if possible.

Trial Representation

If a settlement cannot be reached, your attorney will represent you in court. They will present your case, call witnesses, cross-examine the opposing side’s witnesses, and argue on your behalf to convince a judge or jury of your claim’s validity.

Calculation of Damages

Accurately assessing and calculating the damages suffered by the survivors and the estate is critical. Your attorney will work with experts, where necessary, to determine the economic and non-economic damages, such as medical expenses, funeral costs, lost income, and emotional suffering.

Advocacy for Your Best Interests

Throughout the entire process, your lawyer will be your advocate, ensuring your rights are protected, and your best interests are represented. They will provide guidance, support, and legal counsel at every stage.

Settlement Negotiations

In cases where a settlement is possible, your attorney will negotiate on your behalf, aiming to secure a fair and just compensation package that adequately addresses your losses.

Compassionate Support

Dealing with the loss of a loved one is emotionally challenging. A wrongful death attorney from Alexander Law Firm LLP can provide empathetic support and guidance during this difficult time.

Contact the San Jose Wrongful Death Lawyers at Alexander Law Group LLP Today

Losing a loved one is devastating, especially when someone’s wrongful actions caused their untimely death. At Alexander Law Group LLP, your peace of mind and justice for your loved one are our top priorities.

We understand the complexities of wrongful death claims and will tirelessly work to hold responsible parties accountable for their actions. Contact our San Jose personal injury lawyers today at 408noswap-289-1776 or through our online form for your confidential, no-obligation consultation, and let us help you navigate this challenging journey toward the fair compensation you and your family deserve.

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