Wrongful Death Lawyer in San Jose, CA

Losing someone you love because of someone else’s carelessness or deliberate harm inflicts profound and lasting pain. When negligence leads to a wrongful death, it is important to hold those responsible accountable for their actions. Surviving family members deserve compensation for all they have lost. A San Jose personal injury lawyer from Suits Litigation Inc. can help you get justice and a sense of closure for the bereaved family.

Deaths caused by negligence or misconduct in California occur often. If you are struggling with the loss of a loved one due to someone else’s actions, you may have the right to seek justice through a wrongful death claim. Partner with a wrongful death lawyer in Downtown San Jose, CA, to understand your options in moving forward. Our team holds an unwavering commitment to our clients that has translated into significant recoveries for victims and their families.

Understanding Wrongful Death Lawsuits in California

Wrongful death lawsuits in California address the devastating consequences that arise when a person’s life is cut short due to the negligence or intentional actions of another party. These legal actions serve as a crucial pathway to hold responsible parties accountable and provide a measure of justice and financial support to the grieving families left behind.

A wrongful death claim asserts that the death of a loved one was a direct result of someone else’s failure to exercise reasonable care or their deliberate harmful conduct. This negligence can manifest in various forms. It might stem from a reckless act, such as a driver speeding through a red light and causing a fatal collision, or an intentional act, like a violent assault leading to death. Our legal team has extensive experience supporting families with their wrongful death lawsuits, including accidents stemming from:

Motor Vehicle Accidents
Workplace And Construction Accidents
Slip and Fall Accidents
Medical Malpractice
Defective Products
Dog and Other Animal Attacks
Chemical or Toxic Material Exposure

Negligence can occur when someone fails to act, such as if a person had a duty to take preventative safety measures but neglected to do so, ultimately leading to a fatality. An example could be a property owner failing to repair a known hazardous condition that results in a fatal accident, which could be grounds for a wrongful death lawsuit.

How to Pursue a Wrongful Death Claim

To pursue a claim after a wrongful death in San Jose, CA, your legal representative must meticulously demonstrate a clear chain of causation and establish the elements of negligence. This involves proving the following:

Duty of Care: The responsible party had a legal duty to exercise reasonable care to prevent harm to the deceased. This duty can arise from various circumstances, such as the duty a driver owes to other road users, the duty a doctor owes to their patients, or the duty a property owner owes to visitors.
Breach of Duty: The responsible party failed to meet this standard of care. This could involve acting recklessly, intentionally, or failing to take necessary precautions. Examples include a surgeon making a critical error during an operation, a manufacturer producing a dangerously defective product, or an employer neglecting to provide a safe working environment.
Causation: There must be a direct connection between this breach and the deceased’s death. In other words, the negligent or intentional act (or omission) must have been a substantial factor in causing the fatal injury.
Damages: The surviving family members must have suffered demonstrable losses as a result of the death. These damages, as outlined in California Civil Code 1714 and related statutes, can include financial losses such as lost future income of the deceased, funeral and burial expenses, and the value of lost support and services. Importantly, California law also allows for the recovery of non-economic damages, such as compensation for the loss of companionship, comfort, care, assistance, protection, affection, moral support, and society.

By diligently gathering evidence and presenting a compelling case that establishes these elements, your attorney can advocate for the accountability of the at-fault party and pursue just compensation for the profound losses suffered by the deceased’s family. A successful wrongful death lawsuit not only provides crucial financial relief during an incredibly difficult time but also serves as a powerful statement, reinforcing the principle that those whose negligence or intentional actions result in the tragic loss of life must be held responsible for the harm they have caused.

Survival Actions vs Wrongful Death Claims

California law offers two distinct avenues for family members to seek compensation through legal actions: wrongful death claims and survival actions. While both aim to provide redress, they address different types of losses and benefit other parties.

A wrongful death claim compensates grieving families for their losses, including funeral costs, loss of companionship, financial support, and household services. These claims focus on the survivors’ damages, rather than those of the deceased.

To recover for the deceased’s losses, such as medical expenses, property damage, pain and suffering, and lost wages, the decedent’s estate can file a survival action. Survival claims are similar to personal injury lawsuits, allowing the estate to pursue damages the deceased would have been entitled to.

Punitive Damages May Be Claimed

Punitive damages may also be sought in survival actions for egregious misconduct. Understanding the distinct purposes of wrongful death and survival actions is crucial for families seeking full compensation. A wrongful death attorney from Suits Litigation Inc. can help determine the optimal legal strategy to maximize recovery in your specific situation. Contact our office to discuss whether your claim could possibly qualify for punitive damages.

Who Recovers in a Wrongful Death or Survival Action?

A wrongful death claim can be pursued by the immediate family members of a victim under California Code of Civil Procedure 377.60. Any settlement or verdict is distributed to a spouse, domestic partner, children, grandchildren, or others who were dependent on the decedent for support. Multiple surviving loved ones may receive a settlement award, or the court may divide it by setting up a trust.

Survival actions, however, go to the decedent’s estate. This means that after paying all debts, the remainder will be distributed based on the terms of the estate plan.

Fatal Motor Vehicle Accidents in San Jose, CA

If you have lost a loved one in a car accident caused by someone else’s negligence or intentional action, you need a wrongful death lawyer familiar with fatal car accident cases. A car accident lawyer acts as your advocate, ensuring you are fully informed of all relevant laws and procedures while overseeing insurance claims and legal actions for your personal injury. They handle all aspects of your case, from hiring experts for scene and injury analysis and determining fault, to establishing the value of your injuries and negotiating a just settlement with insurance companies.

At Suits Litigation Inc., we will build a strong case and, if needed, bring a personal injury lawsuit to secure the compensation you are due. We track down witnesses, obtain vehicle accident reports from law enforcement, work with accident reconstruction experts, and thoroughly examine the scene to establish liability. We also have extensive experience with other motor vehicle accidents, such as:

Contacting a car accident attorney immediately after an accident ensures you receive experienced guidance throughout every step of the legal and insurance claims process.

Key Local Roads and Major Highways in California

Car accidents are a frequent occurrence on California’s busy roads, including local thoroughfares like El Camino Real, Monterey Road, Almaden Expressway, San Tomas Expressway, and Lawrence Expressway, as well as major highways such as I-880, I-280, 85, and 101. Collisions on these routes can stem from various factors, including right-of-way issues, congestion, merging traffic, and high speeds. Following an accident, prioritizing safety, exchanging information, documenting the scene with photos and witness details, and reporting the incident to authorities are crucial first steps. Understanding that negligence on the part of another driver entitles you to seek compensation for injuries and losses is also vital.

Navigating the aftermath of a car accident on these specific California roads and highways often necessitates legal guidance. A car accident attorney can provide invaluable assistance by advising you of your rights, managing communication with insurance companies, conducting thorough investigations, and building a strong case to pursue the compensation you deserve. Whether the accident occurred on a local expressway or a major highway, seeking prompt legal counsel ensures you understand your options and take timely action to protect your claim, especially considering California’s statutes of limitations for personal injury cases.

Importance of Timing in Wrongful Death Claims

California law sets a two-year statute of limitations from the date of death to file a wrongful death claim, as outlined in California Code of Civil Procedure section 335.1. Missing this deadline could result in the forfeiture of all rights to pursue damages. Therefore, it is crucial to consult with a wrongful death lawyer as soon as possible after the loss of your loved one to ensure timely action and protect your legal rights. Prompt consultation allows your attorney to begin the necessary investigation and claim process within the prescribed timeframe.

Fatal Slip and Fall Accidents

Fatal slip and fall accidents, though often underestimated in their severity, represent a significant cause of preventable death across the United States. These incidents, which can occur in a multitude of settings from private residences and commercial establishments to public spaces, often result from a confluence of hazardous conditions and individual vulnerabilities. The consequences can be devastating, leading to severe injuries such as traumatic brain injuries, spinal cord damage, and hip fractures, any of which can prove fatal, particularly for elderly individuals or those with pre-existing health conditions.

The underlying causes of fatal slip and fall accidents are diverse. Property owner negligence frequently plays a critical role, with factors like wet or slippery floors due to spills or inadequate maintenance, uneven surfaces, poor lighting, obstructed walkways, and a lack of proper handrails contributing significantly. In workplaces, failure to adhere to safety regulations, inadequate training, and the presence of workplace hazards can also lead to fatal workplace injuries.

When a fatal slip and fall accident occurs due to the negligence or recklessness of another party, surviving family members may have grounds to pursue a wrongful death claim. Investigating the circumstances surrounding a fatal slip and fall accident is crucial to determine liability, often involving gathering evidence such as incident reports, witness testimonies, photographs of the scene, and reviewing safety records. Working with a San Jose wrongful death attorney will help you and your family navigate the complexities of such claims and ensure your rights are protected.

Valuing a Wrongful Death Claim in Santa Clara County

In California, there is no legal limit on the amount of damages a jury can award in a wrongful death lawsuit, offering the potential for significant compensation. Determining the specific value of a claim requires careful consideration and a thorough understanding of the case’s full scope.

Key elements often influencing the valuation of a wrongful death claim include the deceased person’s age and the number and ages of their children. The financial support the decedent provided, as well as the value of the household services they contributed, are also significant considerations. Furthermore, the circumstances surrounding the death, including any pain and suffering endured by the deceased, can impact the claim’s value. Any personal fault on the part of the decedent that may have contributed to the incident is another factor that could be taken into account.

To gain a clearer understanding of the potential value of your family’s wrongful death claim and to determine the most effective legal strategy, it is essential to discuss your specific situation with an experienced attorney. Our wrongful death lawyer can assess the unique aspects of your case and provide insights into the potential range of recoverable damages.

Suits Litigation Inc. Fights for Justice for Grieving Families

Suits Litigation, Inc. offers the experience and skills needed to navigate wrongful death and survival actions successfully. Our compassionate advocates in the South Bay are committed to achieving the best possible outcome during this challenging time. We will work closely with you to understand your needs and fight for your rights. Contact our San Jose law office today for a free, confidential consultation to explore your legal options. Let us help you seek justice and compensation during this overwhelming period.n.