Compassionate & Effective Wrongful Death Attorney Helping San Jose Families Seek Justice
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, you may be able to recover compensation for yourself and your family. Though winning a successful wrongful death claim won’t bring back your loved one, it can provide a sense of closure and help in maintaining the amount of income your household relies upon. We’ve helped countless families hold negligent parties accountable and seek justice.
Who Can File a Wrongful Death Claim?
In the state of California, certain people can file a wrongful death claim on behalf of their deceased loved one. These people include:
- A surviving spouse
- A surviving domestic partner or putative spouse
- A surviving child or children of the deceased, including stepchildren
- A person who depends on the deceased’s income: If there are no immediate family members such as children who may inherit the deceased’s estate, any person “who would be entitled to the property of the decedent by intestate succession” can file a claim. These people are often parents or siblings of the deceased.
Civil vs. Criminal Cases
Wrongful death claims fall into the category of civil case law. That means that even if the responsible party is punished in a criminal court of law, the family of the deceased needs to file a separate civil suit to recover damages owed to them. In a civil suit, the burden of proof entails proving the deceased died due to the negligent or criminal actions of the defendant and that the person(s) filing the claim will suffer from the loss of income and/or deserve compensation for pain and suffering. We’ll help you build a strong case and represent your best interests in court.