San Jose Wrongful Death Lawyers

Compensation Available in a San Jose Wrongful Death Case

When a loved one passes away due to someone else’s negligence, the law allows surviving family members to seek compensation for their losses. This financial compensation, known as “damages,” is meant to help ease the financial and emotional burden of the loss. In San Jose, families can pursue both economic and non-economic damages in a wrongful death claim.

Economic Damages

• Medical expenses:  Any medical bills related to the deceased’s care before their passing, such as hospital stays, surgeries, medications, and emergency treatment.
• Funeral and burial costs:  The cost of laying a loved one to rest can be a heavy financial burden. A wrongful death claim can help cover these expenses.
• Lost income:  If the deceased was a primary provider, their lost earnings, including future wages they would have earned, can be factored into the claim.
• Lost household services:  Many people contribute to their families in ways beyond earning an income, such as providing childcare, home maintenance, and other valuable services.

Non-Economic Damages

• Pain and suffering of the deceased:  If the deceased survived for a period before passing, their suffering may be considered in the claim.
• Mental anguish of surviving family members:  The emotional distress and trauma of losing a loved one can be significant.
• Loss of companionship:  Spouses, children, and parents can seek damages for the emotional and relational loss they experience.
• Loss of consortium:  A spouse may receive compensation for the loss of affection, intimacy, and emotional support.
• Loss of parental guidance:  If the deceased was a parent, their children may be compensated for losing their love, advice, and future guidance.

The damages available will depend on the details of the case. An experienced wrongful death attorney in San Jose can help determine what compensation your family may be entitled to.

If you have a wrongful death claim, contact our San Jose wrongful death attorneys for a FREE CONSULTATION. We’ll answer any questions you have, explain the process, and start working on your case today. Let us help you during these hard times.

Call Our San Jose Wrongful Death Lawyers for a Free Case Review

Losing a loved one is one of the hardest experiences anyone can go through. On top of the emotional pain, families often face financial burdens from medical bills, funeral costs, and lost income. That’s why our San Jose wrongful death lawyers work on a contingency fee basis. You don’t pay us anything unless we win your case. If we recover compensation for you, our fee comes from a percentage of the settlement or award, so there’s no out-of-pocket cost to you.

Our dedicated team is bilingual in English and Spanish and is here to support you every step of the way. We are available 24/7 to assist you in starting your wrongful death claim. Our attorneys will handle every aspect of the legal process, allowing you to focus on your family’s healing and recovery during this difficult time. Let us guide you toward justice and the compensation you deserve.

We understand how difficult this time is, and we are here to support you. Our team is available 24/7 and speaks both English and Spanish to help you with your claim. We handle everything: from paperwork to negotiations, so you can focus on your family and healing. Let us help you get the justice and financial support you deserve.

In San Jose, you have two years from the date of your loved one’s passing to file a wrongful death lawsuit. If someone else’s negligence caused their death, it is important to act quickly. Contact our San Jose wrongful death attorneys today or fill out our online form for a FREE, NO-OBLIGATION CONSULTATION. We will explain your legal options and help you take the next steps toward recovery.

Our Case Results Speak for Themselves

At Thompson Law, we have a proven track record of securing substantial settlements in wrongful death and personal injury cases. In 2021, we achieved one of the top 100 wrongful death settlements in the United States and secured 15 of the top 50 injury settlements in Texas.  Some examples of net amounts paid to clients include:

• $11,991,670:  Truck accident
• $9,512,498:  Fire caused by defective chair
• $8,540,000:  Vehicle crashworthiness defect
• $8,010,186:  Fuel system failure
• $7,694,750:  Industrial accident
• $5,704,363:  Vehicle transmission defect
• $5,154,600:  Defective lamp resulting in smoke inhalation
• $4,790,686:  Tire failure
• $4,527,944:  Water heater defect
• $4,021,912:  Cement wall collapse
• $3,963,371:  Plant explosion
• $3,833,236:  Construction accident
• $3,516,463:  Commercial vehicle accident
• $3,143,193:  Airplane crash
• $3,020,676:  Natural gas leak
• $2,873,498:  Automotive accident
• $2,723,284:  Premises liability accident
• $2,090,070:  Oil field accident

Each case is unique, and while these settlements showcase our experience, our focus is always on fighting for the best possible outcome for you.

If you have lost a loved one due to someone else’s negligence, contact our San Jose wrongful death attorneys for a FREE CONSULTATION. We are here to listen, guide you through the legal process, and help you seek justice.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s San Jose wrongful death lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

How Long Do I Have to File a Wrongful Death Claim in San Jose?

In San Jose, families typically have two years from the date of death to file a wrongful death lawsuit. This deadline, known as the statute of limitations, is strict. If you miss it, you may lose the right to seek compensation.

There are some exceptions to this deadline:

• Claims against a government entity:  If a city, county, or state agency is responsible, you must file a notice of claim within six months of the death.
• Delayed discovery:  If the cause of death was not immediately known, the deadline may be extended to start from the date you discovered (or should have discovered) the cause.

It is important to act quickly. A wrongful death attorney in San Jose can help ensure your claim is filed on time and properly handled.

Act Quickly On Your Wrongful Death Claim With Thompson Law

Losing someone dear is profoundly painful, especially when their death results from another’s negligence. Navigating your rights and responsibilities during such times can be overwhelming. Consulting an experienced wrongful death attorney promptly is essential to ensure your family receives the necessary support.

While no compensation can replace your loved one, pursuing a wrongful death claim can provide financial stability and hold the responsible party accountable. If your family member’s death was due to someone else’s actions, reach out to our San Jose wrongful death attorneys for a FREE CONSULTATION. Let us assist you in taking the next steps forward.

What is a Typical Wrongful Death Claim Settlement in San Jose?

The amount of a wrongful death settlement in San Jose varies widely based on the circumstances of the case. Settlements can range from tens of thousands to millions of dollars. Several factors influence the final amount, including:

• Medical expenses before death:  If the deceased received medical care after the accident but before passing, those costs are usually included in the settlement.
• The type of accident and cause of death:  If the deceased endured significant pain and suffering before passing, the settlement may be higher. Sudden deaths, on the other hand, may result in lower non-economic damages.
• The age and health of the deceased:  Younger individuals who had many years of potential earnings and life expectancy ahead often result in higher settlements. However, very young children who had not yet started earning an income may impact the claim differently.
• Income and retirement status:  A higher income and years left before retirement often increase settlement amounts, as they reflect a greater financial loss.
• Insurance policy limits:  If the person responsible has limited insurance, it may cap the settlement amount. However, cases involving commercial entities, such as truck companies, often have higher insurance limits.
• Punitive damages:  If the wrongful act was reckless, such as drunk driving, additional punitive damages may be awarded to punish the wrongdoer.
• The number of dependents:  If the deceased supported a family, the settlement may reflect the financial impact on multiple dependents.

No amount of money can replace a loved one, but a wrongful death settlement can provide financial stability and hold the responsible party accountable. If you have lost someone due to negligence, contacting our San Jose wrongful death attorneys can help you pursue fair compensation.

Who Can File a Wrongful Death Claim in San Jose?

In San Jose, specific individuals are entitled to file a wrongful death claim against those responsible for a loved one’s death. Eligible parties include:

• Surviving Spouse or Domestic Partner:  The deceased’s legal spouse or registered domestic partner.
• Children:  Biological or legally adopted children of the deceased.
• Dependent Family Members:  This can include stepchildren, parents, or others who were financially dependent on the deceased.

When multiple claimants exist, such as a spouse and children, the relationship to the deceased often influences the distribution of any settlement. Typically, spouses and children receive larger portions compared to more distant relatives. However, unique circumstances, like estranged relationships or the absence of a legal marriage, can affect the distribution.

If you believe you have the right to file a wrongful death claim, consulting an experienced San Jose wrongful death lawyer can help ensure your legal rights are protected.

What is Required to File a Wrongful Death Lawsuit in San Jose?

Losing a loved one is incredibly hard, especially when their death results from someone else’s actions. In San Jose, if you’re considering a wrongful death lawsuit, it’s important to know the necessary steps and requirements. You must prove that:

1. Another’s negligence or intentional act caused the death:  You must show that another person’s negligence or intentional actions directly caused your loved one’s death.
2. Eligible family members suffered losses:  Surviving family members eligible to file the claim must demonstrate that they have gone through financial or emotional hardships because of the death.

Eligible family members are usually either the deceased person’s spouse, domestic partner, children, and sometimes other dependents or heirs.

If your loved one has died because of someone else’s negligence or wrongful act, it’s important to consult our San Jose wrongful death attorneys immediately. We offer guidance tailored to your situation and help you understand your rights and options.

Are Wrongful Death Settlements Taxable in San Jose?

In most cases, wrongful death settlements are not taxable under federal or California law, which is what San Jose follows. The IRS and state tax authorities do not consider compensation for physical injuries or illness as taxable income. This means that damages for medical expenses, funeral costs, and emotional suffering are generally tax-free.

However, some parts of a settlement may be taxable:

• Punitive damages:  If a portion of the settlement is awarded to punish the defendant for reckless behavior, that amount is considered taxable income.
• Interest on settlements:  If the settlement accrues interest while the case is pending, the interest may be subject to taxation.

To avoid unexpected tax liabilities, consulting a tax professional or an experienced attorney can help you navigate the financial aspects of your claim.

What You Need to Know About Survival Actions

A survival action is a legal claim that allows the estate of the deceased to seek compensation for damages the person suffered before passing away. While a wrongful death claim focuses on the impact on surviving family members, a survival action addresses what the deceased endured before their death.

Survival actions may include compensation for:

• Medical bills for treatment received before death
• Lost wages if the person was unable to work between the accident and their passing
• Property damage related to the accident
• Pain and suffering endured before death (with some limitations under California law)

These claims are typically filed by the executor or administrator of the deceased’s estate. Any awarded damages are distributed according to the deceased’s will or state law. Survival actions must be filed within the same legal time limits as the original personal injury claim, usually two years from the date of the accident.

If you believe a survival action may be the best solution for your situation, contact our experienced San Jose wrongful death attorneys for guidance. We offer a FREE CONSULTATION to help you understand your legal options and protect your rights.

What Should I Do After a Wrongful Death in San Jose?

Facing the loss of a loved one is devastating, and determining the next steps can be challenging. Taking appropriate actions can help protect your family’s rights and secure justice. Consider the following steps:

• Seek Emotional Support:  Lean on family, friends, or professional counselors to help cope during this difficult period.
• Gather Essential Documents:  Obtain the death certificate and medical records to verify the cause and circumstances of your loved one’s passing.
• Notify Authorities:  If the death involves suspicious or unlawful circumstances, inform the appropriate authorities.
• Collect Evidence:  Gather witness statements, photographs, or videos that may support your case.
• Consult an Attorney Before Settling:  Avoid discussing the case or accepting settlements from insurance companies without legal advice, as initial offers may undervalue your claim.
• Contact a Knowledgeable Wrongful Death Lawyer:  Our San Jose wrongful death attorneys can help you understand your legal rights and explore options for pursuing compensation.

At our firm, we recognize how overwhelming this time can be. Our compassionate team is ready to handle the legal complexities, allowing you to focus on healing and family. Reach out to us today for the support and guidance you deserve.

Leading Causes of Wrongful Death in San Jose

Understanding common causes of wrongful death can help in identifying if you have a valid claim. In San Jose, frequent causes include:

• Motor vehicle accidents involving cars, trucks, motorcycles, bicycles, or pedestrians. For example, a pedestrian fatally struck by a distracted driver.
• Workplace accidents that are fatal incidents occurring in high-risk jobs like construction or manufacturing. An example is a construction worker who falls due to inadequate safety measures.
• Premises liability cases where unsafe property conditions lead to fatal accidents. Common examples include slip and falls, dog attacks, swimming pool injuries, firework mishaps, or amusement park incidents where property owners failed to maintain safety.
• Medical malpractice that occurs when healthcare providers do not meet the required care standards. Examples are surgical errors, wrong medication dosages, or misdiagnoses. Proving medical malpractice in San Jose requires showing that the provider acted with “willful and wanton negligence.”

If you have lost a loved one due to any of these causes, reaching out to a San Jose wrongful death attorney can help you understand your rights and seek justice for your family.

Wrongful Death in San Jose FAQs

What compensation can be recovered in a San Jose wrongful death case?

Compensation in a wrongful death case can cover both financial losses and emotional suffering. Economic damages include medical bills, funeral expenses, lost income, and the value of services the deceased provided, such as childcare or household work. Non-economic damages account for the emotional toll, such as loss of companionship, guidance, and support. In cases of extreme negligence, the court may also award punitive damages to punish the responsible party.

Can I file a wrongful death claim if the deceased had no income?

Yes. Even if the deceased was not earning an income, family members can still pursue a wrongful death claim. The loss of companionship, emotional support, and guidance can be significant, especially for spouses and children. Funeral costs and any medical expenses from before the person passed away can also be included in the claim.

What happens if the at-fault party in a wrongful death case has no insurance?

If the responsible party does not have insurance, there are still ways to seek compensation. You may be able to file a claim against their personal assets, or there may be other liable parties involved. Additionally, the deceased’s own insurance policy—such as uninsured motorist coverage—may help cover damages in certain cases. A wrongful death lawyer can help you explore all available options.

Can multiple family members file separate wrongful death claims?

No. In San Jose, all eligible family members must file a single wrongful death claim together. The settlement is then divided among them based on their relationship to the deceased and how the loss has affected them.

What if the deceased was partially at fault for the accident?

San Jose follows California’s comparative negligence law, which means that even if the deceased was partially at fault, the family may still receive compensation. However, the final amount will be reduced by the percentage of fault assigned to the deceased. For example, if the court finds the deceased was 20% responsible, the compensation would be reduced by 20%.