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.

Support from a seasoned lawyer could be invaluable throughout every stage of filing a San Jose wrongful death action. Here are some basic facts about the filing process and what information and documentation may be needed before moving forward with a claim. The compassionate wrongful death attorneys at Solution Now Law Firm could guide you through this challenging time.

Important Restrictions and Deadlines for Filing

It is possible to file a wrongful death claim in San Jose in any situation where a decedent would have been able to file suit themselves had their injuries not been fatal. This includes any death resulting from another party’s negligence, such as a car accident or liability for an animal attack or defective product.

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

The deadline for any of these parties to start the litigation process is two years from the decedent’s death date. Failing to file before this deadline expires will likely lead to a court declaring the case “time-barred,” leaving surviving beneficiaries with no means of recovering for their losses.

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.

Other evidence could be vital to proving someone else was at fault for a wrongful death and establishing the value of ensuing losses. This evidence could include statements from eyewitnesses, photos and videos of an accident scene and/or injuries from the accident, tax returns and pay stubs illustrating income loss, and physical evidence from the accident. A skilled lawyer could provide crucial assistance in collecting, preserving, and presenting evidence during the filing process.

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.

If you have questions about filing a San Jose wrongful death action, our experienced team of lawyers could provide you with clarity and guidance during a free consultation. Let us do the heavy lifting while you focus on what matters. Call today to get started.