San Jose Wrongful Death Lawyer
Nothing Can Undo Your Loss. We Can Carry the Legal Weight.
When someone else’s negligence takes a person you love, our San Jose wrongful death attorneys handle the investigation, the insurers, and the deadlines, so your family can grieve.
$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 Deserves Answers and Accountability
Losing a loved one is hard enough. Losing them because a driver was speeding, texting, or drunk, or because a company cut corners, adds anger and unanswered questions to the grief. And while your family is still arranging a funeral, the bills keep coming: medical care from their final days, burial costs, and a household income that has suddenly stopped.
No lawsuit can bring your loved one back. What a wrongful death claim can do is hold the responsible party accountable and give your family financial stability for the years ahead. We can explain your options gently, on your schedule.
Your family may have a wrongful death claim if:
Someone else's negligence or wrongful act caused your loved one's death
You are their spouse, domestic partner, or child, or another close family member who relied on them
The death happened within roughly the last two years
You don’t have to decide anything today. When you’re ready to talk, the consultation is free and private, and you pay nothing unless we win.
What Families Can Do in the First Weeks After a Fatal Accident
Take care of each other first.
Nothing below has to happen today. But evidence fades and deadlines run, so try to speak with an attorney within the first few weeks.
Request the official records.
The police or accident report, the death certificate, and the coroner’s findings are the starting point of every wrongful death claim.
Keep every bill and receipt.
Hospital and ambulance bills, funeral and burial costs, and any expenses the loss has created. Put them in one folder.
Gather your loved one's financial records.
Pay stubs, tax returns, and benefits statements show the support your family has lost, now and in the future.
Don't give the insurer a recorded statement or sign anything.
Adjusters may call with sympathy and a quick offer. A release you sign now can end your family’s claim for a fraction of its value.
Let a lawyer confirm who should file.
California limits who can bring a wrongful death claim, and every eligible family member should be included. Getting that right early avoids delays later.
How We Handle Your Family's Case
Wrongful death cases are among the most serious claims an insurer ever sees, and they defend them that way. Adjusters try to shift blame onto the person who died, offer a quick settlement before the family understands what it has lost, and play down both the financial and the emotional harm.
We take that fight off your shoulders. We move quickly to preserve what proves the case: police and accident reports, medical records, witness accounts, photos and surveillance video, and, where needed, accident reconstruction and medical testimony. We identify every party that shares responsibility, because a fatal crash can involve a negligent driver, their employer, and even a vehicle manufacturer. We pursue the family’s wrongful death claim and the estate’s survival action together, so no category of loss is left out.
Our negotiators spent a combined 50+ years inside the insurance industry. They know how adjusters value a death claim, and how to answer every tactic used to shrink it. If the insurer won’t pay a fair amount, we file suit and prepare the case for trial.
Throughout, you’ll have one team that keeps you informed and handles the legal work gently, so your family can focus on healing.
What Can Your Family Recover?
No amount of money measures a life, and no honest attorney guarantees a number. But California law recognizes both the financial and the personal losses a family suffers, and a second claim can recover the losses your loved one suffered before passing.
Your family's financial losses
The support your loved one would have provided.
- The financial support and household income they contributed
- The future earnings they would have shared with the family
- Funeral and burial expenses
- Medical bills for their care before death
Your family's personal losses
Often the largest part of the claim.
- Loss of love, companionship, and affection
- Loss of care, guidance, protection, and moral support
The estate's survival action
A separate claim, brought on behalf of your loved one’s estate, for losses they suffered between the injury and their death, such as medical expenses, lost wages, property damage, and in certain cases their pain and suffering.
Every source of coverage
We pursue each responsible party’s insurance: drivers, employers and commercial vehicle companies, property owners, and product manufacturers. If the at-fault driver had little or no insurance, your family’s own uninsured/underinsured motorist coverage may help fill the gap.
California Wrongful Death Law: What Families Should Know
Who can file
California law defines who may bring a wrongful death claim. Generally that is the surviving spouse or domestic partner and the children. When there is no surviving spouse or child, parents or others who would inherit may have the right, and some financial dependents, such as stepchildren, may also qualify. We confirm eligibility before filing and make sure every eligible family member is included.
Deadlines
Families generally have two years from the date of death to file a lawsuit. A claim involving a government entity, such as a city vehicle or a dangerous public road, can require a formal claim within just six months. Call early so no deadline passes while your family is grieving.
The criminal case is separate
Prosecutors may charge the at-fault driver with a crime such as vehicular manslaughter, but that case punishes; only a civil claim compensates your family. You can bring a wrongful death claim even if no charges are filed or the defendant is found not guilty, because the burden of proof in a civil case is lower.
Blame-shifting doesn't end the claim
Insurers often argue the person who died was partly at fault. California follows pure comparative negligence: a share of fault reduces the recovery; it doesn’t eliminate it.
Protect Your Family's Claim
A wrongful death claim is built from records, and many of them sit with your family. A few habits make a real difference:
- Keep one folder for everything. Bills, receipts, the death certificate, letters from insurers, and your loved one’s pay and tax records.
- Write down what you remember. What happened, who was there, and what your loved one did for the family day to day: childcare, household work, guidance. These details help show what was lost.
- Route every insurer contact through us. Adjusters are trained to collect statements that shift blame. A polite conversation can cost your family dearly.
- Don’t sign releases or accept early checks. Once a release is signed, the claim is usually over.
We can also work with medical providers and funeral homes so outstanding bills don’t pressure your family into settling too soon.
What Our Clients Say
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
She helped our family through the most difficult times we had ever gone through. When I wanted to give up she pushed us and encouraged us to keep fighting. When…
Beth S.
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
Your San Jose Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident, so she knows what it means when a crash upends a family. Every case has an attorney and a case manager, with a treatment coordinator whenever there is medical care to manage, so your family always knows who to call. Based at 1253 Park Ave, minutes from the Santa Clara County courthouse.
San Jose Wrongful Death FAQs
Who can file a wrongful death claim in California?
Generally the surviving spouse or domestic partner and the children. If there is no surviving spouse or child, parents or other heirs may be able to file, and some financial dependents may qualify. We review your family’s situation and confirm who is eligible before anything is filed.
How long do we have to file?
Generally two years from the date of death. A claim involving a government entity can require notice within six months, and other exceptions can shorten the time. Evidence also fades, so it’s best to call early.
What is a wrongful death case 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. Every case is different. In a free consultation we’ll give you an honest assessment of your family’s claim.
What if the driver was drunk or has been criminally charged?
You can still bring a civil claim, and a DUI often makes fault clear. The criminal case and your family’s claim run separately; a conviction isn’t required, and the civil claim can succeed even if the criminal case doesn’t.
Can we still bring a claim if no police report was filed?
Yes. We can reconstruct what happened from medical records, eyewitnesses, and expert analysis. Many cases begin without a report; don’t assume your family is out of options.
What if the person responsible had no insurance?
Your family’s own uninsured or underinsured motorist coverage may apply, and other responsible parties, or the at-fault person’s own assets, may be sources of recovery. We look at every one.
How much does a wrongful death lawyer cost?
Nothing upfront. We work on contingency and cover case costs; you pay a fee only if we recover for your family.
How long will the case take?
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. We’ll give you a realistic timeline at the start and keep you informed throughout.
Get Your Free, Confidential Case Review, 24/7
When you’re ready, we’re here to listen. Call now or send the form; we respond 24/7, in English, Spanish, or Korean. Your consultation is free and private, and there is 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
