There is nothing worse than discovering that someone you love has passed away in a tragic accident. In California, state law allows surviving family members to seek financial compensation for a death that results from a careless or wrongful act. This type of claim can help grieving families find closure by giving the deceased person a voice in the civil justice system.
Jacoby & Meyers is made up of attorneys who truly care about what you’re going through during this difficult time. Our San Jose wrongful death attorneys are here to offer solace by searching for answers and holding someone accountable for the wrongful death of your loved one. We are on your side. Contact us today to schedule a free case review at our local San Jose office location.
Over $2B+ Recovered for Our Clients
Your Loved One Deserves Justice
Our wrongful death lawyers are here to help you through this.
Why Hire Our San Jose Wrongful Death Attorneys?
- Our team of San Jose personal injury attorneys has over 50 years of experience handling wrongful death claims in California. We have recovered more than $2 billion in settlements – higher than any competitor in California.
- We have earned the trust of tens of thousands of clients through years of personalized legal services. We have been voted #1 Personal Injury Firm five years in a row. Our attorneys take pride in handling every case with the same level of care – big or small.
- We make high-quality legal representation affordable. Our San Jose wrongful death lawyers take clients on a contingency fee basis, meaning we will only charge our fees as a percentage of the overall amount won on your behalf – and only if we win.
How an Attorney Can Help With a San Jose Wrongful Death Claim
Grieving families are already going through enough without also taking on the burden of the legal process in wrongful death claims. Hiring an attorney for assistance is the most effective way to seek justice for your loved one without the stress.
An attorney will work for you, not an insurance company. You can trust your lawyer to seek maximum results during your claim through the use of tailored legal services. This includes settlement negotiations with an insurance company and a wrongful death trial, if your case cannot reach a settlement.
An attorney from Jacoby & Meyers can help your family hold someone accountable by investigating and determining fault. We can collect compelling evidence to support your claim against one or more at-fault parties. Most importantly, we will make sure your family has everything it needs during this trying time.
Do I Have a Wrongful Death Claim?
Each state has its own definition of wrongful death. According to California Code of Civil Procedure § 377.60, a civil cause of action may be asserted by certain parties “for the death of a person caused by the wrongful act or neglect of another.” This cause of action can be brought in pursuit of financial compensation or damages for beneficiaries.
A wrongful act may refer to any wanton, malicious or intentional tort that results in a death, such as physical assault, medical malpractice or reckless driving. Neglect describes the failure to act with ordinary care to prevent harm to others, such as a driver breaking a traffic law or an employer failing to offer personal protective equipment.
You may have grounds to file a wrongful death claim in San Jose if someone else is responsible for causing your loved one’s fatal injury or illness, such as a motor vehicle driver, property owner, product manufacturer or employer. However, you must be an approved filing party under the stipulations of California’s wrongful death laws to file.
Who Can File a Wrongful Death Claim in San Jose?
The law in California permits only select individuals to file wrongful death claims. This includes surviving family members of the deceased person or decedent. The law gives the following parties this right:
- The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons…who would be entitled to the property of the decedent by intestate succession.
- Whether or not qualified under subdivision (A), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
Minors (people under the age of 18) not on this list may also be able to seek financial compensation for a wrongful death in San Jose if they can prove that they were financially dependent upon the decedent.
What Damages Are Available in a San Jose Wrongful Death Claim?
At Jacoby & Meyers, we recognize that no amount of financial compensation can replace the loss of a human life. We are dedicated to seeking not just money, but true justice on behalf of the deceased so that their families can get answers.
As your lawyers, we will help your family recover maximum compensation for various economic and noneconomic damages, such as:
- Reasonable funeral and burial costs
- Lost income and employment benefits
- Lost future inheritance
- Loss of household services
- Loss of companionship, love and support
- Punitive damages, in certain cases
In California, there is no cap or limit on financial damages in a wrongful death lawsuit unless the death resulted from medical malpractice injuries. In this case, damages are capped at $500,000 – an amount that will increase annually to $1 million by 2033.
What Is the Statute of Limitations on a San Jose Wrongful Death Claim?
A statute of limitations is a legal time limit that is imposed on personal injury and wrongful death claims in all 50 states. In California, the statute of limitations (Code of Civil Procedures § 335.1) gives most claimants no more than two yearsfrom the date of the victim’s death to file a wrongful death claim.
Note that this time limit applies to a wrongful death lawsuit, not an insurance claim. A claim should be filed much sooner. It is also important to note that certain circumstances can extend or shorten the statute of limitations. Do not wait to contact a wrongful death lawyer in San Jose about a potential claim, as this could put you at risk of missing your deadline.
Contact Our San Jose Wrongful Death Lawyers Today
If you recently lost a loved one and wish to discuss your family’s options for filing a wrongful death claim in San Jose, contact Jacoby & Meyers. You do not have to go through this alone. We will arrange a free consultation with you, where you can speak directly to an attorney at no cost or obligation to hire us.
Our San Jose office is located at Plaza West, 3031 Tisch Way #110, San Jose, CA 95128. You can send us an online message and we will get back to you as soon as possible, or you can call us at (408) 341-6883. We are open 24/7.