Maison Law represents injury victims in San Jose, but not every accident is the same. The worst accidents involve fatal injuries. This is obviously an incredibly difficult situation to be in, but there’s still a legal process in place to help you or your family move forward. Our San Jose personal injury lawyers will be there with guidance and support. Contact us today for a free consultation.
Why Should You Get a Lawyer?
Even with a wrongful death, there’s no legal requirement in California that says you need a lawyer. But that doesn’t mean you shouldn’t get one–especially if there’s a fatal accident. When there’s a death, it makes everything more emotionally charged and difficult. This includes the legal process, but our experienced team can help by:
- Figuring out what caused the accident and who’s liable
- Explaining the legal process and what your options are
- Helping gather important evidence and information
- Negotiating with insurance companies
- Filing a wrongful death lawsuit, if necessary
Most of all, coping with the loss of a loved one is overwhelming. We approach every case with care, respect, and a deep commitment to supporting you and your family through the legal process.
What Should You Do to Protect a Wrongful Death Claim?
Whenever there’s a fatal accident, it’s obviously extremely traumatic. If it’s bad enough that someone you’re with loses their life (or you do), it raises the stakes. But there’s still a legal process in place, which means certain actions need to be taken to protect a potential claim:
- Call 911 for help – Even in the case of a fatal injury, it’s critical to get police and medical responders involved. Police will secure the accident scene, while EMTs can treat any non-fatal injuries and confirm the fatality. This step creates an official accident and fatality report, which is vital for protecting your wrongful death claim.
- Report the accident to someone in charge – Whether it’s a car accident, workplace incident, or property-related injury, notifying the appropriate authorities is essential. Reporting creates a record of the accident, which can support your wrongful death claim by establishing the context and circumstances surrounding the death.
- Gather as much information and evidence as possible – If it’s safe, collect as much evidence as possible at the scene. This includes photos and videos of the accident, injuries, and any damage, along with getting contact and insurance information from those involved. All of this evidence will be crucial in building a strong wrongful death claim.
- Keep track of expenses – You’ll need to document the financial impact of the death, including medical bills, funeral expenses, and lost income. These records will show the full extent of the family’s financial loss and are key to strengthening a wrongful death claim.
Each wrongful death case is unique, but like other injury claims, the strength of a potential claim is going to depend on evidence and documentation. Taking these steps will help make sure your family’s claim is protected and properly presented.
Who’s Liable For a Wrongful Death in San Jose?
At least legally, a wrongful death claim is effectively an injury claim. This is pretty significant, because it means that the standard for figuring out liability is the same as any other accident: it rests on negligence.
So, when there’s a fatal accident, figuring out who’s liable still involves the following elements of negligence:
- The responsible person or group had a duty of care to the deceased
- They breached this duty through their actions or inactions
- This breach directly caused the death
With these elements, it somewhat narrows down who’s responsible for paying for damages in a claim. But again, it all depends on the specifics of the accident and what actually happened. Generally, though, liability for most wrongful deaths are going to fall on:
- Drivers in car or truck accidents
- Vehicle manufacturers if defective parts caused the crash
- Companies that make dangerous or faulty products
- Employers in workplace accidents
- Doctors or hospitals in cases of medical malpractice
- Individuals committing violent crimes
- Government agencies that don’t keep roads safe
- Store owners selling harmful products
- Homeowners or landlords who don’t keep their property safe
Again, accidents with fatal injuries are more traumatic–and sometimes more complicated. But the fact remains that with negligence, it not only tells your family who they’ll file the wrongful death claim against, but who’s legally required to pay for the damages.
What’s the Claims Process After a Wrongful Death?
You obviously never want to go through a situation where you lose a loved one in an accident. However, the law in this situation is on the side of you or your family. Specifically, though, the claims process takes the emotional and tragic nature of wrongful death claims into account as it relates to the claims process.
Unlike a regular injury, a fatal accident gives certain people the ability to file a wrongful death claim. Currently, under California law, the following are allowed to file a claim on behalf of the surviving family members:
- Spouse
- Children
- Domestic partner
If the deceased person didn’t have a living spouse or children, others who may file the claim include:
- Parents
- Siblings
- Cousins
- Unmarried partners and their children
- Stepchildren
- Personal representative of the estate named in a will
Once the eligible parties are determined, the wrongful death claim can officially be filed. Like other injury claims, this can be done through insurance or a full wrongful death lawsuit in civil court. Once the claim is filed, the damages that are available are also a bit different, usually including costs related to the:
- Money and support the deceased would have provided to their family
- Close bonds and relationships the deceased had with their family
- Emotional pain and suffering from losing the deceased
- Guidance and advice a parent would have given their child if they were still alive
- Lost wages and any additional benefits
- Future earnings the deceased would have made
- Funeral or burial expenses
- Medical expenses for care before the death
- Extra damages intended to punish the responsible party
Remember, there’s a two-year deadline from the date of death to file a wrongful death claim in California. Missing this deadline could mean losing the chance to get the necessary financial support you or your family needs to heal and begin moving forward.
Frequently Asked Questions
If a loved one is fatally injured by a faulty product, who’s liable?
The maker of the product, and in certain instances, even the store that sold the product might share liability for the death.
How are damages calculated in a wrongful death claim?
Damages are calculated by looking at factors like the deceased person’s age, current salary, potential earnings, and even physical health.
Is there a deadline to file a wrongful death claim?
You have two years from the date of death to file a wrongful death claim.
Legal Guidance for Wrongful Death Claims in San Jose
Losing a loved one in an accident is devastating, tragic, and unthinkable. At Maison Law, we offer legal guidance to help you or your family get through this challenging time. While we can’t bring your loved one back, we can help your family in moving forward. If you’ve lost a loved one in an accident in San Jose, contact us today for a free consultation to get started.
