Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
The third largest city in California and the largest in Silicon Valley—San Jose is home to one of the highest number of tech companies in the world. But its breadth of expertise does not end there. The city also boasts some of the nation’s most renowned attorneys available to help you navigate the legal system.
Forbes Advisor has prepared a list of the best wrongful death lawyers in San Jose, so you can access the best legal assistance in the city. Each lawyer here has years of experience in personal injury and wrongful death cases.
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Best Wrongful Death Attorneys in San Jose
Compare Top Wrongful Death Attorneys
Filing a Wrongful Death Lawsuit in California
Below is a guide to filing a wrongful death lawsuit in California. Understanding your legal rights and duties before, during and after the proceedings can make the process smoother for you.
California Statute of Limitations for Wrongful Death Cases
The statute of limitations for filing a wrongful death claim in California is two years from the date of the death. If you fail to take action against the negligent person within this period, you may not have any legal remedy against the defendants. Any future lawsuits will be dismissed by the court.
If the death was caused by the medical negligence of a healthcare provider, a lawsuit can be filed within three years from the date of the death. But if the reason for the death was discovered sooner, the statute of limitations is one year from the date of discovery.
If a government entity was responsible for the negligence, you have to file an administrative claim with the agency within six months. The government then has 45 days to respond to your claim. If it is rejected, you must file a lawsuit within 6 months from the receipt of the denial. However, if you do not receive a rejection letter, you can file a case within two years from the date of the death.
California Wrongful Death Laws
- Damage Caps. California does not cap damages in wrongful death claims in most cases. However, as of January 1st, 2023, non-economic damages in medical malpractice cases against healthcare providers and institutions are capped at $500,000. This amount will increase by $50,000 every year for ten years until it reaches $1 million.
- Eligibility. The surviving spouse, domestic partner, children or any person who is entitled to the deceased person’s property as per California succession laws is eligible to claim compensation in case of wrongful death. Any other dependents or minors who resided with the deceased and relied on them for at least 50% of financial support can file a wrongful death claim.
- Recoverable Damages. In a wrongful death claim, the compensation is divided into two categories, economic and non-economic damages. Economic damages include financial losses like financial support, loss of gifts or benefits, funeral and burial expenses and value of household services that the decedent provided. Non-economic damages include compensation for the loss of companionship, love and care, loss of intimacy and loss of training and guidance.
- Survival Action Lawsuit. The personal representative or the successor of the decedent can file a survival action lawsuit against the defendant. It compensates the successor for the damages—like medical bills and pain and suffering—that accumulated after the negligence but before the victim succumbed to the injury. This is separate from the wrongful death action and includes damages that the deceased person would have incurred if they survived. Damages recoverable under this lawsuit can include punitive damages.
Wrongful Death Settlement Considerations
After you file an insurance claim, the insurer must acknowledge it, start their investigations and provide information and assistance within 15 days of its receipt. They must subsequently respond to all the correspondence within 15 days of receiving them. Once you furnish documentation providing evidence supporting your claim, the insurance company should either accept or deny your claim within 40 days.
If you settle, your claim should be paid out within 30 days from the date of the settlement. Since any damages received for personal injuries are not included in gross income for income tax purposes, your settlement amount should not be taxed by the IRS. However, you should contact an experienced San Jose wrongful death lawyer to understand your tax obligations for your settlement in detail.
How Can an Attorney Help You?
Hiring an experienced wrongful death attorney in San Jose can make this emotionally distressing time easier for you. They can help:
- Identify the Defendants. There may be multiple parties involved in the negligent act that led to the death of your loved one. Your lawyer will look at the facts of your case and identify the party or parties responsible for causing the wrongful death. Filing a lawsuit against the wrong party may lead to unnecessary delays and increased expenses.
- Negotiate With the Insurer. Insurance companies often employ highly trained and experienced defense lawyers to represent their interests in claim negotiations. Having a skilled San Jose wrongful death lawyer by your side during this process increases your chances of receiving fair and just compensation. Their presence also indicates that you are not afraid to take your case to trial if a settlement is not reached, which can be a good motivator for the insurance company to make a fair offer.
- Represent You in Trial. Along with handling most of the paperwork, keeping track of deadlines and collecting evidence, your lawyer can file a lawsuit and represent you in court if the settlement offered by the insurance company is not satisfactory.
How to Find the Best Wrongful Death Lawyer in San Jose, CA
Wrongful death claims can get complicated. There are often multiple parties involved on both sides, so it is a good idea to hire an experienced wrongful death lawyer in San Jose to represent your interest in the proceedings. Here are a few things you can keep in mind to find the perfect lawyer for your case.
- Experience. Wrongful death is a vast subject. Therefore, every lawyer advertising themselves as a wrongful death attorney may not be the right choice for you. You should always look for attorneys with experience working on cases similar to yours since they will have strategies to help you win an appropriate settlement or verdict. You can consult multiple lawyers and inquire about their records in previous cases with similar facts.
- Fee. Most wrongful death lawyers in San Jose charge on a contingency basis, meaning they will take a percentage of your compensation if you win a settlement or verdict. But you should always clarify this percentage and any additional cost your lawyer may charge before you start working with them.
- Referrals. If your family, friends or acquaintances have filed a wrongful death or personal injury claim, you should contact them for a referral. If someone in your network has worked with a wrongful death lawyer and they were satisfied with the services, you can talk to their lawyer to check if they will be the right fit for you.
Methodology
To come up with the best wrongful death lawyers in San Jose of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What are pain and suffering damages for wrongful death?
After a wrongful death, the family or personal representative can claim damages for pain and suffering in both the wrongful death action and in the survival action lawsuit. In the wrongful death action, pain and suffering damages compensate the family for the loss of love, companionship, support and guidance due to the loss of their loved one. Pain and suffering in the survival action compensates for the distress suffered by the loved one while they were still alive after the negligent act and before their death.
What is the difference between wrongful death and survival action in California?
A wrongful death lawsuit seeks damages for the losses the survivors and family members face because of the death. It compensates them for the loss of income, loss of companionship, funeral and burial costs and loss of the services the deceased handled around the house. A survival action, on the other hand, is brought to obtain compensation for what the deceased actually suffered while they were alive and before they died, such as pain and suffering and disfigurement.
How do I prove wrongful death in California?
Similar to the standard of proof required in most civil cases, the defendant’s liability in wrongful death cases should be proven by a preponderance of the evidence. This means you need to collect evidence and witness statements proving that the defendant was more likely than not responsible for causing the negligent act or omission that led to the death of the decedent. An experienced wrongful death attorney in San Jose can help you gather evidence by hiring experts, collecting documents and interviewing witnesses.
