San Jose Wrongful Death Lawyer

San Jose Wrongful Death Lawyers

If you recently lost a loved one in an accident, you may be angry in addition to grieving. You may be frustrated and mad because someone else’s careless or reckless conduct led to the fatal accident. While pursuing a legal claim against the at-fault party cannot bring your relative back, it can offer you and your family a sense of justice as well as compensation. Our San Jose wrongful death attorneys at Harris Personal Injury Lawyers are here to help you through this difficult time. You should not have to deal with the lawsuit or insurance claim process yourself. When we represent you, we will investigate the accident, handle the insurance claim, and when necessary, represent you in court. To schedule a free consultation with one of our attorneys, call 1-800-GO-HARRIS. We are available to take your call 24 hours a day, 7 days a week. If you cannot come to our local office, we will meet at a time and place most convenient for you.

What Is Wrongful Death?

Not all accidental deaths lead to a wrongful death claim. You may have a legal claim against an individual or business if their carelessness, recklessness, or intentional misconduct was the cause of your loved one’s passing. Another way to determine if you and your family have a wrongful death claim is to analyze whether your loved one would have had a personal injury claim against the at-fault party had they lived. You do not have to rely on guess work in determining whether you can and should bring a wrongful death lawsuit. Our wrongful death lawyers in San Jose are here to evaluate your circumstances and advise you of your rights and options.

We Accept Wrongful Death Claims Arising From All Types of Incidents

Our San Jose wrongful death lawyers routinely handle wrongful death cases arising from:

  • Car Accidents
  • Bike Accidents
  • Bus Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Uber & Lyft Accidents
  • Turo Accidents
  • Pedestrian Accidents
  • Scooter Injury Claims
  • Airplane Accidents
  • Boat Accidents
  • Train Accidents
  • Premises Liability Claims
  • Slip and Falls
  • Dog Bite and Animal Attacks

Who Can File a California Wrongful Death Lawsuit?

One of the many reasons it is important to talk with an attorney who handles wrongful death cases in San Jose is because not everyone can file this type of lawsuit. California law limits who is entitled to file this suit and who can recover compensation from it. Based on the California Code of Civil Procedure Section 377.60, to file a wrongful death lawsuit, you must be:

  • The decedent’s surviving spouse or domestic partner;
  • The decedent’s surviving child;
  • Someone entitled to property under California law, if the decedent died without a will;
  • The decedent’s putative spouse, or the child of a putative spouse;
  • A minor who was dependent on the decedent for at least half of your support and lived with the decedent for at least 180 days; or
  • The personal representative of the decedent’s estate.

It can be difficult to accept, but if you are not a surviving spouse, child, heir, or dependent minor, or the personal representative, then you do not have the right to file a wrongful death lawsuit. Siblings, aunts and uncles, grandparents, fiancés, and long-term romantic partners are not entitled to a wrongful death claim.

Compensation in a San Jose Wrongful Death Claim

Losing a loved one is difficult in many ways, including financially. Funerals and burials cost thousands of dollars, not to mention your loved one’s medical bills and the loss of their income. When you relied on the deceased individual financially, it is important to talk with a San Jose wrongful death attorney about how much your wrongful death claim is worth. Our team at Harris Personal Injury Lawyers will fight for you and your family to receive compensation for:

  • Funeral and burial expenses;
  • Medical bills incurred between the date of the accident and death;
  • Loss of decedent’s income and employment benefits;
  • Loss of future inheritance;
  • Loss of the value of decedent’s household services; and
  • Loss of the decedent’s love, affection, support, and companionship.

We are proud to have helped more than 5,000 clients win over $300 million through personal injury and wrongful death claims.

Let Our Wrongful Death Lawyers in San Jose Help You

If you lost a relative recently, and you believe someone else was at fault for their accident, we highly recommend you schedule a free consultation with one of our attorneys. We will talk with you about what caused your loved one’s death and who else was involved. If we believe you have a case and you would like us to represent you, we will promptly move forward with an independent investigation. We will gather evidence regarding the accident and your loved one’s injuries and death. We will build you and your family a strong claim for compensation. Call us at 1-800-GO-HARRIS today.