Filing a San Jose Wrongful Death Action

The days and weeks following a loved one’s unexpected death can be incredibly stressful. Adding civil litigation to your plate during this period might seem overwhelming. Though a loved one’s death is an incalculable loss, through a wrongful death claim, you may be able to obtain some measure of justice and preserve your family’s financial well-being.

Important Restrictions and Deadlines for Filing

State laws also limit who has the right to file a wrongful death claim. This restriction includes:

• The decedent’s surviving spouse or domestic partner
• The decedent’s surviving children or their grandchildren if there are no surviving children
• Any minor children who were dependent on the decedent for 50 percent or more of their total financial support
• Any person entitled to receive property from the decedent through California’s intestate succession laws

What Evidence is Needed to File a Wrongful Death Action?

Anyone filing a wrongful death action in San Jose should have their deceased family member’s death certificate. Police reports, autopsy reports, medical records, and any other objective documentation are also essential for establishing the cause of death. It is also necessary to have objective evidence establishing a familial link between the decedent and the person intending to file a claim, such as a marriage or birth certificate.

A San Jose Attorney Could Help With Filing a Wrongful Death Action

The process of seeking compensation through a wrongful death claim can be challenging. Paperwork and deadlines may feel like too much to manage while you are grieving. Guidance from a compassionate legal professional could be vital to protecting your rights and finding financial relief.