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Compassionate Wrongful Death Lawyers in San Jose, CA
The loss of a loved one is devastating, especially when it is preventable. If you lost a loved one due to someone else’s negligence, you have the right to seek compensation. If you recently lost a loved one because of an accident, our wrongful death lawyers can help you hold the wrongdoer responsible.
At Valley Accident Attorneys, our San Jose wrongful death lawyers understand how a loved one’s death can drastically impact the lives of their surviving spouse and family members. Our law firm has the resources and expertise to hold the responsible party accountable and recover compensation for the wrongful death. Schedule a free case evaluation with a San Jose wrongful death attorney today.Call Us
What is a Wrongful Death Lawsuit?
If someone you loved is killed as the result of someone else’s negligence or misconduct, you may be able to file a wrongful death claim. These types of lawsuits allow survivors to pursue compensation for their losses including lost earnings from the decedent, lost companionship, funeral, and burial expenses.
The wrongdoer could be a motorist who was recklessly driving and caused a car accident. The survivors of a person killed by the wrongdoing of another person may pursue a wrongful death action.
Wrongful Death Statute of Limitations in California
The statute of limitations in California state that you must file your wrongful death claim within a two-year period from the date your loved one passed. It is crucial to file your wrongful death suit within this deadline. Once this timeframe passes, you can no longer pursue the wrongful death action. Our San Jose personal injury lawyers will prepare your case in a timely manner, address any concerns, and ensure a smooth process throughout your car wrongful death claim.
Who Can File a Wrongful Death Suit?
It’s important to consult with a wrongful death lawyer who deals with these types of cases. It's important to consider that not just anyone can file a wrongful death claim. California law restricts who can file and obtain compensation from a wrongful death lawsuit. Below are individuals who are eligible to file this kind of suit.
Surviving Spouse of the Deceased Individual
The Surviving spouse or registered domestic partner has the primary right to file a wrongful death suit.
The Deceased Individual’s Surviving Children
If there is no surviving spouse, the surviving children of the person killed can file a wrongful death claim. If the children are minors a court-appointed legal guardian will pursue a wrongful death lawsuit on their behalf.
The Deceased Person's Putative Spouse
If a putative spouse was dependent on the deceased individual, they can pursue a wrongful death claim. The court will determine if in good faith the marriage of the putative spouse to the decedent was valid.
Parents of the Decedent
Parents who were financially dependent on the deceased individual have the right to seek compensation for wrongful death. In addition, if the decedent is a minor or unmarried with no children, the surviving parents can pursue a wrongful death claim.
Minors Who Were Dependent on the Decedent
Minors who lived with the deceased person for a minimum of 6 months and were dependent on the person may have a wrongful death case. They must have relied on the decedent for half of their support.
The Personal Representative of the Decedent's Estate
A personal representative of the deceased individual’s estate can file a wrongful death claim on behalf of certain close relatives or the decedent's heirs. Only one wrongful death lawsuit can be filed by the heirs in California, so each person must be part of the joint lawsuit to recover compensation.
Do I Need a San Jose Wrongful Death Attorney?
Did you lose a family member or spouse due to the negligent actions of another person? Our San Jose wrongful death attorneys are committed to helping the surviving partner and family members obtain justice for a loved one’s death. We will advocate for you, investigate the wrongful death claim, handle the insurance company, and protect your rights. We are here to guide and help you during this difficult time.
It’s invaluable for your wrongful death case that you have a personal injury lawyer who is very familiar with California’s traffic laws. Our experienced personal injury lawyers are not only knowledgeable about California law, but we are also well-versed in the procedures surrounding wrongful death claims in the greater San Jose area.
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Compensation Available in Wrongful Death Claims
The death of a loved one can not only cause emotional distrain and strain among surviving family members, but also a financial burden. After a fatal accident, the victim’s spouse or family is oftentimes left to cover expenses like medical bills, funeral expenses, and burial expenses. A loved one’s death can also result in lost income that the surviving spouse, domestic partner, or family may have relied on. The most common compensation recovered in wrongful death cases include:
- Funeral and burial costs
- Medical bills sustained from the date of the accident until the person's death
- Lifetime loss of income and employment benefits from the decedent
- Pain, suffering, and mental anguish
- Loss of consortium - the decedent's care, love, affection, protection, support, assistance, and companionship
Contact our San Jose wrongful death attorneys to learn more about what your case is worth. We will fight tirelessly to get you the maximum compensation you deserve.Call Us
Types of Wrongful Death Cases Our Law Firm Handles
Regarding wrongful death cases, car accidents are the most common cause due to the number of people on the road and how often they drive. There is an average of approximately 6 million car accidents each year in the United States. California sees the highest number of traffic fatalities in the United States every year. Annually, an average of 3,322 Californians are killed in a car accidents.
In most cases, the cause of the car accident fatalities is the result of at least one driver’s negligence. Whether the driver was drunk driving, distracted driving, speeding, or reckless driving, the motorist can be liable for the deaths of others involved in the car accident. This includes other drivers and passengers who were injured or killed because of the driver’s negligence.
Semi-truck accidents are also considered automobile accidents, however, there are some notable differences. Semi-trucks are much larger than other vehicles and consequently are more likely to cause death in an accident. Some causes of truck accidents include mechanical errors with the truck, driving with an oversized load, or driving while fatigued and losing control of the vehicle. In 2020, there were 4,014 truck accident fatalities in the U.S. Sixty-eight percent of the deaths were occupants of motor vehicles and 16 percent were pedestrians, motorcyclists, or bicyclists.
When a pedestrian is involved in an auto accident, they are more likely to suffer severe injuries and death because they don’t have any protection. In most cases, distracted driving is a common cause of pedestrian accidents in the U.S. and claimed 3,142 lives in 2020.
Motorcycles are typically less visible to other motorists and are less stable than four-wheel vehicles. According to the National Highway Traffic Safety Administration, motorcyclists were 29 times more likely to be killed in a car accident than passenger car occupants.
Bikes are generally light and don’t have protective features comparable to motor vehicles. Consequently, bike riders are more likely to sustain serious or fatal injuries when hit by a car. Traumatic brain injuries are a leading cause of fatalities in bicycle accidents.
Contact a San Jose Wrongful Death Lawyer
San Jose is a flourishing city in Santa Clara County with over 980,000 people calling it home. The capital of Silicon Valley, San Jose is known for its leading tech and financial companies. San Jose tops Wall Street’s list of most innovative cities in the United States. San Jose is located in California’s Bay Area and has an abundance of shops, restaurants, and entertainment.
At Valley Accident Attorneys, our personal injury lawyers fight tirelessly to help the decedent's spouse and family recover financial compensation in a wrongful death lawsuit. We are dedicated to obtaining justice for the victims of accidents and holding wrongdoers accountable. Our law firm maintains a success rate of 99% and has won millions in settlements for our clients. We specialize in wrongful death cases. Call our San Jose wrongful death lawyers to discuss your legal options.