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Top San Jose, CA Wrongful Death Lawyers Near You

Wrongful Death Lawyers | Sunnyvale Office | Serving San Jose, CA

1279 Oakmean Parkway, Sunnyvale, CA 94085

Wrongful Death Lawyers | East Palo Alto Office | Serving San Jose, CA

1950 University Avenue, Suite 450, East Palo Alto, CA 94303

Wrongful Death Lawyers | San Jose Office

3031 Tisch Way, Suite 150, San Jose, CA 95128

Wrongful Death Lawyers | San Jose Office

50 West San Fernando Street, 7th Floor, San Jose, CA 95113

Wrongful Death Lawyers | San Jose Office

111 N. Market St., Suite 800, San Jose, CA 95113

Wrongful Death Lawyers | Mountain View Office | Serving San Jose, CA

1503 Grant Road, Suite 200, Mountain View, CA 94040

Wrongful Death Lawyers | San Jose Office

373 Meridian Ave, Ste B, San Jose, CA 95126

Wrongful Death Lawyers | San Jose Office

333 W. Santa Clara Street, Suite 620, San Jose, CA 95113

Wrongful Death Lawyers | Mountain View Office | Serving San Jose, CA

615 National Ave, Suite 220, Mountain View, CA 94043

Wrongful Death Lawyers | Palo Alto Office | Serving San Jose, CA

601 South California Ave., Palo Alto, CA 94304

Wrongful Death Lawyers | San Jose Office

6203 San Ignacio Ave., Suite 110, San Jose, CA 95119

Wrongful Death Lawyers | Campbell Office | Serving San Jose, CA

1999 S Bascom Ave, Suite 700, Campbell, CA 95008

Wrongful Death Lawyers | San Jose Office

96 North 3rd St, Suite 350, San Jose, CA 95112

Wrongful Death Lawyers | San Jose Office

3165 Olin Ave, Suite 2, San Jose, CA 95117

Wrongful Death Lawyers | Campbell Office | Serving San Jose, CA

307 Orchard City Drive, Suite 205, Campbell, CA 95008

Wrongful Death Lawyers | Palo Alto Office | Serving San Jose, CA

530 Lytton Avenue, Second Floor, Palo Alto, CA 94301

Wrongful Death Lawyers | San Jose Office

540 Bird Ave, San Jose, CA 95125

Wrongful Death Lawyers | San Jose Office

1530 The Alameda, Suite 115, San Jose, CA 95126

Wrongful Death Lawyers | San Jose Office

1625 The Alameda, Suite 511, San Jose, CA 95126

Wrongful Death Lawyers | Santa Clara Office | Serving San Jose, CA

4555 Great America Pkwy, Suite 210, Santa Clara, CA 95054

Wrongful Death Lawyers | San Jose Office

2007 West Hedding St, Suite 100, San Jose, CA 95128

Wrongful Death Lawyers | Los Altos Office | Serving San Jose, CA

650 B Fremont Avenue, #124, Los Altos, CA 94024

Wrongful Death Lawyers | Palo Alto Office | Serving San Jose, CA

Two Palo Alto Square, Suite 300, 3000 El Camino Real, Palo Alto, CA 94306

Wrongful Death Lawyers | San Jose Office

125 South Market Street, Suite 1001, San Jose, CA 95113

Wrongful Death Lawyers | San Jose Office

333 West Santa Clara Street, Suite 910, San Jose, CA 95113

San Jose Wrongful Death Information

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Lead Counsel Verified Attorneys In San Jose

Lead Counsel independently verifies Wrongful Death attorneys in San Jose and checks their standing with California bar associations.

Our Verification Process and Criteria
  • Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
  • Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
  • Annual Review Submit to an annual review to retain their Lead Counsel Verified status.
  • Client Commitment Pledge to follow the highest quality client service and ethical standards.

Find a Wrongful Death Attorney near San Jose

Visit our free Wrongful Death Resource Center.

What Happens if a Loved One Dies in an Accident?

When someone dies in a car accident, the family members may be left without the love and support of the deceased person. When the accident was caused by negligence, medical malpractice, or some other wrongful act, it can be even more painful for the family. However, with a wrongful death lawsuit, the family members may be able to hold the responsible party accountable in a legal action to pay the medical bills, loss of financial support, and funeral expenses.

Wrongful Death Cases

When someone causes death by a wrongful action and that action would have provided for a personal injury claim if the deceased person would have survived, the person is still liable for damages. Wrongful death statutes were developed to allow the surviving family members of a decedent killed in a fatal accident to recover financial compensation for losses to the family. The deceased person cannot file the lawsuit. Instead, their personal representative, a family member, or their estate can file the lawsuit. For the same types of cases that would be handled by a personal injury attorney, the family can turn to a wrongful death attorney after a fatal injury accident.

What Are Common Causes of Wrongful Death?

Wrongful death suits can involve any type of personal injury case, including motor vehicle accidents, truck accidents, motorcycle accidents, workplace accidents, medical malpractice, pedestrian accidents, and defective product injuries. If you are not sure whether the death of a loved one allows for a wrongful death claim, you can talk to a wrongful death legal team to understand your legal options.

Who Can Get Wrongful Death Compensation?

The beneficiaries of the deceased can generally get wrongful death damages after a wrongful death settlement. The beneficiaries of an estate may depend on the will or intestacy laws. In general, the next of kin can recover an amount of money for their losses, including children, a surviving spouse, or a domestic partner. Damages in a wrongful death case may include loss of companionship, medical expenses, burial costs, and other losses caused by the death. In some situations, punitive damages may also be available if the responsible party acted intentionally in causing the death.

How Long Do You Have to File a Wrongful Death Case?

There is limited time to file a wrongful death claim under the wrongful death law statute of limitations. Generally, the clock begins to run from the time the person dies. If you file your wrongful death claim even one day late, your case may be dismissed. It can be difficult to think about a lawsuit during this difficult time. However, it is important to talk to an accident attorney as soon as possible to make sure your claim is filed in time.

How Much Does It Cost to Hire a Wrongful Death Lawyer in California?

Most wrongful death and personal injury lawyers take cases on a contingency basis. This means that they will only get paid after you win your case or get a settlement. A contingency fee is generally a percentage of the amount recovered, in addition to costs and expenses. Make sure you understand the costs of hiring a law firm at your initial consultation or case review.

Who is entitled to wrongful death compensation?

In every state, a victim’s spouse can file a wrongful death lawsuit, as are parents of any child victims. However, other laws vary, such as whether an adult child can file a lawsuit on behalf of a parent or whether other relatives like siblings count as next of kin.

How are wrongful death settlements paid out?

The methods that settlements are paid out can be negotiated with the defense. These can include lump-sum payments or installment payments. The money can also be placed in trust if the beneficiaries are children.

How long does it take to settle wrongful death claims?

This depends on the nature of each case. While some cases may have overwhelming evidence and a defense that is eager to settle, other cases require extensive negotiations and investigation of the evidence. A case with a lot of compensation on the line can take years to settle or reach a verdict. An attorney can help set proper expectations for the process.

How long do you have to sue for wrongful death?

Each state has a statute of limitations, with the majority being two or three years to file a wrongful death lawsuit. However, when the clock starts ticking is also different in many state laws. You should talk with an attorney as quickly as possible, so you do not lose your right to pursue the compensation you deserve.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

How to Find the Right Attorney

  • Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
  • Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
  • Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

Court Locations in San Jose, CA

Downtown Superior Court

191 N 1st St.
San Jose, CA. 95113
Phone: (408) 882-2100
Court Website

Santa Clara Hall of Justice

190 W Hedding St.
San Jose, CA. 95110
Phone: (408) 808-6600
Court Website

Old Courthouse

161 N 1st St.
San Jose, CA. 95113
Phone: (408) 882-2100
Court Website
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