Losing a loved one is incredibly difficult, and financial struggles can add to the pain. At Arias Sanguinetti, we understand this and will help you pursue the compensation you need to secure your future. Our San Jose wrongful death lawyers have obtained over $1.5 billion for our clients.
When someone’s negligence leads to a wrongful death, it’s natural to feel overwhelmed by grief and anger. A wrongful death claim could bring a sense of justice to your family.
If someone’s carelessness caused your loved one’s death, filing a wrongful death claim can lead to justice and financial security for you and your family. A San Jose personal injury lawyer at Arias Sanguinetti will guide you through this process, fighting for the justice you deserve.
Understanding Wrongful Death
A wrongful death claim is pursued when someone loses their life due to another’s negligent actions. If you’re facing this situation, a San Jose wrongful death attorney from Arias Sanguinetti can help you seek justice and financial support for your family during this difficult time.
It’s important to remember that wrongful death claims are separate from criminal charges the responsible party might face. While criminal cases focus on punishment, wrongful death claims address the emotional and financial impact on the surviving family members.
Who Can Sue for a Wrongful Death in San Jose?
When a tragic accident occurs, certain family members may be eligible to file a wrongful death claim. Our team of lawyers brings decades of experience with complex cases and can help you understand your options. In California, the following individuals are allowed to pursue a wrongful death case:
- Spouse
- Registered domestic partner
- Children
- Grandchildren (if no children)
- Surviving stepchildren (if no children or grandchildren)
- Other relatives like aunts, uncles, or cousins (if no closer relatives)
Common-Law Marriages and Wrongful Death Claims
California does not recognize common–law marriages. If you aren’t a registered domestic partner or named in the will, filing a claim may be challenging. It’s important to consult a wrongful death attorney to determine if there are alternative ways to seek compensation, such as proving a financial dependency or other special circumstances.
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Leading Causes of Wrongful Death
In the United States, certain situations frequently result in wrongful death claims:
- Bicycle accidents: Due to their small size and low visibility, cyclists are particularly at risk in accidents with larger vehicles, which can sometimes lead to fatal outcomes.
- Car accidents: Collisions caused by impaired, distracted, or reckless drivers, as well as incidents involving pedestrians, are among the leading causes of wrongful death.
- Criminal activities: A wrongful death claim may be filed if someone’s life is taken during an act of violence, such as assault or homicide.
- Defective products: Faulty or poorly labeled products can lead to fatal injuries, prompting wrongful death claims.
- Medical malpractice: Wrongful deaths may occur when healthcare providers fail to meet the standard of care, leading to mistakes such as misdiagnosis or surgical errors.
- Truck accidents: Fatal truck crashes often result in claims, especially if the driver operates as an independent contractor, which could potentially involve their insurance.
- Workplace incidents: Dangerous job conditions, malfunctioning equipment, or inadequate training can lead to fatal accidents, particularly in high-risk industries like construction.
- Inadequate Prison Healthcare: Our team of San Jose prison wrongful death lawyers has recovered financial compensation on behalf of numerous inmates who have died while serving short prison sentences.
Other causes include drowning, slip-and-fall accidents, airplane crashes, and watercraft incidents, and more.
We will review your case and seek damages for your loss, including pain and suffering, lost wages, and the needs of dependent family members.
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Damages in San Jose Wrongful Death Claims
In wrongful death cases, families can recover expenses related to their loved one’s passing. These damages often include:
- Funeral and burial costs: Funerals can be costly, often amounting to several thousand dollars.
- Lost income: Families can seek compensation for the income the deceased would have earned.
- Loss of consortium: Surviving family members may be compensated for the emotional loss, including the absence of moral support, affection, and guidance.
- Medical expenses: If your loved one required medical care before passing, you may seek compensation for hospital bills, treatment, and other healthcare-related costs.
- Pain and suffering: You may be able to seek financial recovery for your emotional suffering.
Our San Jose wrongful death attorneys will help your family pursue the compensation needed to find peace and stability after such a tragic loss.
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California Wrongful Death Statute of Limitations
In California, there is a two–year window for filing a wrongful death claim, starting from the date of the incident that caused the death. This time limit is critical, as missing it could prevent you from pursuing legal action.
Understanding who can file a claim and when is essential, and seeking legal guidance early on can help avoid complications.
The Discovery Rule
Sometimes, the cause of death isn’t immediately clear, which is where the discovery rule comes into play. If new information about the cause of death surfaces after an investigation, the statute of limitations begins from the date of discovery rather than the actual date of death in most cases.
How Long Will My Wrongful Death Claim Take?
Every wrongful death claim is unique, and the timeline can vary depending on a few factors. Some cases involve multiple parties, while others are more straightforward.
Key factors include the length of any ongoing police investigations and how quickly the responsible party’s insurance company responds to the claim.
If a fair settlement can’t be reached, the case may go to trial, which could extend the process. At Arias Sanguinetti, we are trial lawyers first and foremost. Other attorneys regularly come to us for help when their cases go to trial, and our partners teach trial classes to new attorneys. We will never accept a lowball offer. Our San Jose personal injury lawyer will help guide you through each step and work toward a resolution.
How Our San Jose Wrongful Death Lawyers Can Help Your Family After a Loss
If you’re facing the loss of a loved one due to someone else’s negligence, seeking legal help can be a transformational decision. A San Jose wrongful death lawyer from our firm will help guide you through this challenging time and pursue the financial recovery your family deserves.
At Arias Sanguinetti, our team has obtained over $1.5 billion for clients, providing them with the support and resources to move forward. We understand the emotional and financial burdens that come with wrongful death claims.
Let us handle the legal process so you can focus on healing. Contact Arias Sanguinetti today to discuss your case and learn how we will assist your family.
Call or text 310-844-9696 or complete a Free Case Evaluation form