San Jose Wrongful Death Settlements
A Fair Settlement Won't Come From the First Offer.
Insurers know grieving families need money quickly, and they price their first offers accordingly. Our San Jose wrongful death attorneys value your family’s losses fully and negotiate from strength, so a settlement reflects what you have truly lost.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
Hablamos español · 한국어 상담 가능
Your Family Shouldn't Have to Choose Between Grief and Bills
Losing a loved one is devastating, and money is the last thing you want to think about. But the bills don’t wait: funeral expenses, final medical costs, and, if your loved one was the primary breadwinner, a household that has to find its footing without their income.
When someone else’s negligence caused the death, your family has every right to hold them financially accountable. No amount of money undoes a careless mistake. A fair and prompt settlement can begin to set things right, and give your family stability for the years ahead.
A settlement is usually the right outcome when:
The evidence of fault is clear, and the insurer knows it
Your family's losses have been fully valued, including the future
The terms fit your family's present and long-term needs
Every case is different, and the best way to know what yours might be worth is to talk with us. The consultation is free, and you pay nothing unless we win.
How a Wrongful Death Settlement Comes Together
Investigation.
We gather the evidence of fault and identify every responsible party and every insurance policy that may apply.
Valuing the losses.
We calculate lost income and household services, final expenses, and the loss of love and companionship, looking years ahead.
The demand.
We present the insurer with a documented demand that lays out the evidence and what your family is owed.
Negotiation.
Insurers typically counter low. Our negotiators answer each tactic and push for full value.
Choosing the structure.
Lump sum, structured payments, or a combination: we help your family decide what fits your needs.
Settling or going to trial.
You make the final decision. If the insurer won’t pay a fair amount, we can reject its offer and take the case to court, where a jury decides.
What a Settlement Should Cover
Lost income and support
What your loved one would have contributed to the family over the years ahead.
Household services
The value of the childcare, housekeeping, and other work they did at home.
Final expenses
Funeral and burial costs, and medical bills from their care before death.
Loss of love and companionship
The loss of their love, companionship, and moral support, often the largest part of a family’s claim.
Why Early Offers Fall Short, and How We Respond
Insurance companies are notorious for extending low offers soon after a death, hoping a family under financial pressure will accept before they understand what the claim is worth. Once a release is signed, the claim is usually over.
We take that pressure off. We work with medical providers and funeral homes where we can, so outstanding bills don’t push your family into an early decision. Meanwhile, we build the case that justifies a fair settlement: the evidence of fault, the full picture of your loved one’s financial contribution, and the story of what they meant to your family.
Our negotiators spent a combined 50+ years inside the insurance industry. They know how adjusters calculate a death claim and where they cut corners, and they negotiate accordingly. And because we prepare every case as if it will go to trial, insurers know our demands are backed by a real willingness to let a jury decide.
Settlement Basics: Structure, Taxes, and Timing
Lump sum or structured payments
Most wrongful death settlements are paid as a single lump sum, which helps families with immediate costs or debt. A structured settlement pays over time, much as your loved one’s income would have. Once a structured settlement is agreed, its terms generally can’t be changed, so both options should be weighed against your family’s present and future needs.
Taxes
Settlements that compensate a family for its losses are generally not taxed by the IRS. Every family’s situation is different, so talk to a tax professional before you settle.
A settlement covers the whole family
Every eligible family member should be included in the claim, and the settlement has to account for each of them.
Deadlines still apply
Negotiations don’t pause the deadline to file. A wrongful death lawsuit generally must be filed within two years of the date of death, and a claim involving a government entity can require notice within six months.
What Our Clients Say
I met with lawyers at other law offices, but after talking to Jimin, I decided to go with her because she was not only smart, honest, but also super caring.…
Annie Y.
I really needed a attorney when I got involved in a very strange car accident. Many other law office refused because 2 big insurance companies were against to me so…
Shee Suh
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
Wrongful Death Settlement FAQs
How much is a wrongful death settlement worth?
It depends on your loved one’s age and earnings, the support and care they gave the family, and the circumstances of the death. No honest attorney can promise a number, but we’ll give you a candid assessment in a free consultation.
Should we accept the insurance company's first offer?
Not before a lawyer reviews it. First offers are usually low and rarely account for future support or the loss of companionship. Once you sign a release, the claim is usually over.
Is it better to take a lump sum or a structured settlement?
It depends on your family’s needs. A lump sum helps with immediate costs and debts; structured payments provide steady income over time. We’ll help you weigh both.
Are wrongful death settlements taxable?
Settlements that compensate a family for its losses are generally not taxed by the IRS. Talk to a tax professional about your family’s situation before you settle.
How long does it take to reach a settlement?
It depends on the evidence, the number of parties, and the insurer. Many cases resolve within about 6 to 18 months; complex cases and lawsuits take longer.
Do we have to go to court?
Most cases settle without a trial. If the insurer refuses to pay a fair amount, we can reject the offer and take the case to court, where a jury makes the final decision.
Who decides whether to accept a settlement?
Your family does. We give you our honest advice, but the decision is always yours.
How are your fees paid?
Nothing upfront. We work on contingency and cover case costs; our fee comes from the recovery, and you pay nothing unless we recover for your family.
Get Your Free, Confidential Case Review, 24/7
Before you answer an insurer’s offer, let us tell you what your family’s claim is really worth. 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
