Filing a San Jose Wrongful Death Action
You Shouldn't Have to Face the Paperwork Alone.
Filing a wrongful death claim means documents, deadlines, and decisions at the hardest moment of your life. Our San Jose wrongful death attorneys handle the process from the first record request to the final filing, so your family can focus on each other.
$75+ million
recovered for injured clients
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on Google and Yelp
No fee
unless we win
Available 24/7
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What Filing Involves, and What You Can Leave to Us
The days and weeks after a loved one’s unexpected death are overwhelming. Adding a lawsuit to that can feel impossible. But a wrongful death action can bring a measure of justice, and it can protect your family’s financial well-being after the loss of someone you depended on.
A wrongful death action is possible in any situation where your loved one could have sued if their injuries had not been fatal: a car accident caused by a negligent driver, a defective product, an animal attack, or other negligence.
Before filing, three questions have to be answered:
Who in your family has the right to bring the claim
Whether the claim is still within the filing deadline
What evidence shows how your loved one died, and who was responsible
You don’t need to have the answers today. We’ll work through them with you, gently and at your pace. The consultation is free, and you pay nothing unless we win.
The Path From First Call to Filing
A free, private conversation.
We listen to what happened, answer your questions, and explain your family’s options. There’s no pressure to decide anything on the call.
Confirming who can file.
We identify every family member with the right to bring the claim, so no one is left out and the case isn’t delayed later.
Gathering the records.
We request the police report, autopsy report, medical records, and other documents that establish the cause of death.
Investigating fault.
We interview witnesses, collect photos and video of the scene, preserve physical evidence, and identify every party that shares responsibility.
Valuing your family's losses.
Tax returns, pay stubs, and bills show the financial loss; your family’s story shows the personal loss.
Filing on time.
We present the claim to the insurers and, if they won’t pay a fair amount, file the lawsuit before the deadline and prepare it for trial.
What a Wrongful Death Action Can Recover
Your family's financial losses
The income and support your loved one would have provided, funeral and burial expenses, and medical bills from their final care.
Your family's personal losses
The loss of your loved one’s love, companionship, care, guidance, and moral support.
The estate's losses
A separate survival action, filed on behalf of your loved one’s estate, can recover what they lost between the injury and death, such as medical expenses, lost wages, and property damage. We file both claims together when both apply.
Recovery from every responsible party
A negligent driver, their employer, a vehicle or product manufacturer, or a property owner. If the at-fault driver had little or no insurance, your own uninsured or underinsured motorist coverage may help.
The Documents a Wrongful Death Action Needs
Much of the evidence in a wrongful death case comes from official sources, and some of it sits with your family. We collect and organize all of it.
Records that establish the cause of death:
- The death certificate
- The police or accident report
- The autopsy or coroner’s report
- Medical records from your loved one’s care
Records that show your family’s relationship:
- A marriage or domestic partnership certificate
- Birth certificates, or other proof of a family relationship or financial dependence
Evidence that shows fault and your family’s losses:
- Eyewitness statements
- Photos and video of the scene and the injuries
- Physical evidence from the accident
- Tax returns and pay stubs showing lost income
- Funeral, burial, and medical bills
You don’t need to track all of this down yourself. Bring what you have, and we’ll request the rest.
Filing Rules California Families Should Know
Only certain family members can file
Generally the surviving spouse or domestic partner and the children. When there are no surviving children, grandchildren or others who would inherit under California’s intestate succession laws may have the right, and some minors who depended on the person for financial support may also qualify.
Two years to file
A wrongful death lawsuit generally must be filed within two years of the date of death. A claim involving a government entity can require a formal claim within just six months. A late filing is likely to be “time-barred”, leaving the family with no way to recover.
One claim for the family
Every eligible family member should be included when the claim is filed. Getting this right early prevents delays and disputes later.
Where your case will be heard
A San Jose wrongful death lawsuit will likely proceed in Santa Clara County Superior Court, minutes from our Park Avenue office.
What Our Clients Say
I honestly recommend contacting the firm and working with Jimin. She was direct, very efficient, and professional. My case moved fast and to our favor. Jimin and her team were…
Ngan T.
Jimin Oh worked passionately on my case while constantly updating me on what was happening. I did not know much about my car insurance, so it was helpful for her…
Ok Ray Park
Jimin and her staff tirelessly worked for my case and kept me updated constantly whenever something happened or when there was any development. She is very knowledgeable and I'm grateful…
Albert Veist
Filing a Wrongful Death Action: FAQs
Who can file a wrongful death lawsuit in California?
Generally the surviving spouse or domestic partner and the children. If there are no surviving children, grandchildren or other heirs may be able to file, and some financially dependent minors may qualify. We confirm who is eligible before anything is filed.
What documents do we need to file?
The death certificate, police report, autopsy report, and medical records establish the cause of death. A marriage or birth certificate shows your relationship. Bring what you have; we’ll request the rest.
What kinds of deaths can lead to a wrongful death action?
Any death where the person could have sued if they had survived their injuries, such as a car accident caused by a negligent driver, a defective product, or an animal attack.
How long do we have to file?
Generally two years from the date of death, and only six months for a claim involving a government entity. Missing the deadline can end the claim.
Do we have to go to court?
Not necessarily. Many claims are resolved through negotiation with the insurer. If the insurer won’t pay a fair amount, we file suit and prepare the case for trial.
What if our family members disagree about filing?
Talk to us. Every eligible family member generally needs to be part of the claim, and we can help explain the process to everyone involved.
Can you help if our family speaks Spanish or Korean?
Yes. We work with families in English, Spanish, and Korean, so everyone can understand the process and the paperwork.
What does it cost to file a wrongful death action?
Nothing upfront. We work on contingency and cover case costs; you pay a fee only if we recover for your family.
Get Your Free, Confidential Case Review, 24/7
Let us do the heavy lifting while you focus on what matters. Call when you’re ready, or send the form; we respond 24/7, in English, Spanish, or Korean. Your consultation is free and private, with no pressure to decide anything on the call. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
