San Mateo Wrongful Death Lawyer
You Shouldn't Have to Grieve and Fight an Insurer at the Same Time.
When a loved one dies because of someone else’s carelessness, our San Mateo wrongful death attorneys take on the investigation, the paperwork, and the negotiations, and pursue the financial stability your family needs.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
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A Sudden Loss, and Bills That Don't Stop
Few things are harder than losing someone without warning because another person acted recklessly. And while your family is grieving, the practical burdens arrive anyway: final medical bills, funeral costs, and, if your loved one was a provider, a household that has lost the income it depended on.
No amount of money makes up for that loss. A fair settlement can, however, give your family a stable financial footing for the years ahead, and hold the responsible party accountable for what they did.
Your family may have a wrongful death claim if:
Your loved one died in a car, truck, motorcycle, bicycle, or pedestrian accident, or another incident caused by someone's negligence
You were their spouse, domestic partner, or child, or a family member who depended on them
The death happened within roughly the last two years
There’s no pressure to decide anything now. When you’re ready to talk, the consultation is free and private, and you pay nothing unless we win.
Practical Steps for Families, When You're Ready
Give yourselves time, but not too much.
Grief comes first. Still, evidence fades and filing deadlines apply, so plan to speak with a lawyer in the weeks after the loss.
Collect the key documents.
The accident or police report, medical records from your loved one’s final care, and any coroner’s report.
Keep a record of every expense.
Hospital and ambulance bills, funeral and burial costs, and anything else the loss has cost your family.
Gather proof of the support your loved one provided.
Pay stubs, tax returns, and a note of the care, childcare, and household help they gave.
Refer insurers to us.
Don’t give a recorded statement or sign a release; early offers are made before a family knows what the claim is worth.
Talk with us about who should bring the claim.
California sets out which family members can file, and it’s important to get that right from the start.
How We Carry Your Family's Case
A wrongful death claim is built much like a personal injury claim: your family must prove the other party owed a duty of care, broke it, and that this caused your loved one’s death. The difference is that the person who could best explain what happened is gone, so the evidence has to speak for them.
We gather it quickly: accident reports, medical records, witness statements, photos and footage, and expert testimony where the case needs it. We look for every party who shares responsibility, because a fatal crash may involve a driver, an employer, or a company that failed to keep a vehicle safe. And we pursue both the family’s wrongful death claim and the estate’s survival claim so that no loss is overlooked.
Our negotiators spent a combined 50+ years inside the insurance industry. They know how insurers value a death claim and how they try to shift blame onto the person who died. When a fair settlement isn’t offered, we take the case to court.
Through all of it, your family has one team that explains each step plainly and handles the legal work with care.
Compensation Available to Your Family
Every family’s loss is different, and no honest attorney promises a figure. California law allows a family to recover for the financial and personal losses the death causes, and allows the estate to recover what your loved one lost before passing.
Financial losses to the family
What your loved one would have provided.
- The income and financial support they would have contributed
- The value of household services and care they gave
- Funeral and burial expenses
Personal losses to the family
Often the most significant part of the claim.
- Loss of love, companionship, comfort, and affection
- Loss of guidance, protection, and moral support
The estate's survival claim
A separate claim for losses your loved one suffered between the injury and death, such as medical bills, lost wages, and property damage.
Insurance and other sources
We pursue each responsible party’s coverage, and if the at-fault driver had little or no insurance, your family’s own uninsured/underinsured motorist coverage may help.
California Wrongful Death Law for San Mateo Families
Who can bring the claim
California law generally allows the surviving spouse or domestic partner and the children to file. Certain dependents may also qualify, including minors who lived in the home and relied on the decedent for support, and parents who were financially dependent. When there is no spouse or child, those who would inherit under California law may be able to file. A personal representative of the estate can also be involved.
Deadlines
Families generally have two years from the date of death to file a lawsuit. Claims involving a government entity, such as a public vehicle or a dangerous public road, can require a formal claim within six months.
Pre-existing health conditions don't end the claim
If someone’s negligence caused or contributed to the death, your family may still have a claim even if your loved one had health problems before.
Shared blame reduces, not erases, the claim
California follows pure comparative negligence. If the insurer argues your loved one was partly at fault, that share reduces the recovery; it doesn’t eliminate it.
Protect Your Family's Claim
Much of the evidence in a wrongful death case is in your family’s hands: bills, records, and memories of what your loved one did every day. A few steps keep it safe:
- Use one folder for everything. Bills, receipts, reports, letters from insurers, and financial records.
- Write down what you know. What happened, who was there, and the role your loved one played in the family.
- Keep social media quiet about the accident. Posts can be taken out of context by the defense.
- Send every insurer call to us, and sign nothing. A release signed early usually ends the claim for good.
We can also work with medical providers so outstanding bills don’t push your family into settling too soon.
What Families Say About Us
Jimin is extremely straightforward, confident, and detailed. Do not judge her by her young looks! She's very knowledgeable and experienced. I experienced my first major car accident and needed a…
Venus Nguyen
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 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
Your San Mateo Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. After her own husband was seriously injured in a car accident, she built a firm that treats every family the way she would want hers treated. Each case has an attorney and a case manager, with a treatment coordinator whenever medical care is involved, so your family always knows who to call. San Mateo families are served from our San Jose office at 1253 Park Ave.
San Mateo Wrongful Death FAQs
Who can file a wrongful death claim?
Generally the surviving spouse or domestic partner and the children. Some dependents, and parents in certain situations, may also be eligible, and when there’s no spouse or child, heirs may be able to file. We confirm eligibility with your family before anything is filed.
How long do we have to file?
Usually two years from the date of death, and as little as six months for a claim involving a government entity. Missing the deadline can end the claim, so it’s best to call early.
How do you prove negligence in a wrongful death case?
With accident reports, medical records, witness statements, and expert testimony that show the other party’s conduct caused the death. We gather and preserve that evidence early.
My loved one had health problems before the accident. Can we still file?
Yes. If another party’s negligence caused or contributed to the death, a pre-existing condition doesn’t automatically defeat the claim. We look carefully at the medical record.
Can parents file for the death of a child?
Yes. Parents can bring a wrongful death claim for a deceased minor child, including for medical and funeral costs and the loss of their child’s love and companionship.
What if the death happened at work?
Workers’ compensation death benefits may be available, and if someone other than the employer caused the death, such as a negligent driver, your family may also have a wrongful death claim against them. We review every option.
Will our case go to trial?
Many wrongful death claims settle. If the insurer refuses to pay fair compensation, we’re prepared to file suit and take the case to trial.
How much does a wrongful death lawyer cost?
Nothing upfront. We work on contingency; your family pays nothing unless we recover compensation.
Get Your Free, Confidential Case Review, 24/7
When your family is 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 nothing has to be decided on the first call. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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