Who Can File a Wrongful Death Claim in San Jose, CA?

In California, a “wrongful death” occurs when a person dies due to the “wrongful act or neglect of another.” This means the death was caused by someone else’s negligence, recklessness, or intentional misconduct. Common situations leading to wrongful death claims in San Jose include:

• Automobile Accidents: Car accidents, motorcycle accidents, pedestrian accidents, or semi-truck accidents caused by a negligent driver.
• Medical Malpractice: Deaths resulting from a doctor’s error, misdiagnosis, or surgical mistake.
• Defective Products: Fatal injuries caused by dangerous or faulty consumer products.
• Premises Liability: Deaths occurring due to unsafe conditions on someone else’s property (e.g., slip and fall leading to fatal injury, lack of security).
• Workplace Accidents: Deaths resulting from unsafe working conditions or employer negligence.
• Intentional Acts: Such as assault or battery (even if criminal charges are filed, a civil wrongful death claim can still proceed).

Who Is Eligible to File a Wrongful Death Claim in California?

California law specifically outlines who has the legal standing to file a wrongful death lawsuit. This is determined by the relationship to the deceased and is designed to ensure that those who suffered direct financial and emotional loss can seek redress.

The primary individuals who can file a wrongful death claim in San Jose are:

1. Surviving Spouse or Domestic Partner: This is the most common category.
2. Children of the Deceased: Biological and legally adopted children.
3. Grandchildren of the Deceased: If their parent (the child of the deceased) is also deceased.

If none of the above exist, California law then allows other individuals to file if they would be entitled to the deceased’s property under intestate succession laws (laws governing who inherits property when there is no will). This can include:

• • Parents of the Deceased: If there are no surviving spouse/partner or children.
  • Siblings of the Deceased: If there are no surviving spouse/partner, children, or parents.
  • Other Dependents: Individuals who were financially dependent on the deceased, such as stepchildren or a putative spouse (someone who believed in good faith they were married to the deceased).

Understanding Wrongful Death Beneficiaries in San Jose

The individuals listed above are also generally considered the “beneficiaries” of a wrongful death claim. This means they are the ones who can potentially receive compensation if the claim is successful. The damages sought in a wrongful death claim aim to compensate these beneficiaries for their losses, not to punish the at-fault party in a criminal sense.

What Damages Can Be Recovered in a San Jose Wrongful Death Claim?

A successful wrongful death claim in San Jose can provide compensation for both economic and non-economic damages suffered by the eligible beneficiaries.

Economic Damages include:

• Financial support the deceased would have contributed to the family.
• Lost future income and earning capacity.
• Loss of gifts or benefits the heirs would have expected to receive from the deceased.
• Funeral and burial expenses.
• Medical expenses incurred for the deceased’s final injury prior to death.

Non-Economic Damages include:

• Loss of the deceased’s companionship, comfort, care, assistance, protection, affection, society, and moral support.
• Loss of sexual relations (for a surviving spouse/partner).
• Loss of training and guidance (for children).

It’s important to note that a wrongful death claim is distinct from a “survival action,” which seeks damages the deceased could have recovered if they had lived (e.g., pain and suffering, lost wages between injury and death). A skilled attorney can advise if both types of claims are appropriate.

The Importance of a San Jose Wrongful Death Attorney Near Me

Navigating a wrongful death claim in San Jose is incredibly complex, especially while grieving. Insurance companies will often try to minimize payouts or deny claims. An experienced wrongful death attorney San Jose CA from Kash Legal will:

• Determine Eligibility: Ensure the proper parties are filing the claim.
• Gather Evidence: Collect all necessary documentation, including medical records, accident reports, and witness statements, to prove negligence.
• Calculate Damages: Accurately assess the full scope of economic and non-economic losses.
• Negotiate with Insurers: Protect your family’s rights and secure a fair settlement.
• Provide Compassionate Representation: Guide you through every step of the legal process with sensitivity and expertise.

Contact Kash Legal’s San Jose Office for a Free Wrongful Death Consultation

If you believe your loved one’s death in San Jose was caused by someone else’s negligence, don’t face this battle alone. The wrongful death lawyer San Jose CA at Kash Legal is here to provide the legal support and guidance your family needs during this difficult time.

We offer a free, confidential, and no-obligation consultation to discuss your potential wrongful death claim. There are no upfront fees, and we only get paid if we win your case. We are available 24/7 to listen to your story.

Call our San Jose office today at (408) 443-2463 or fill out our online contact form to schedule your consultation. Let us help you seek the justice and compensation your family deserves. Our office is located at 111 N Market St, San Jose, CA 95113.