Filing a San Mateo Wrongful Death Action
A Lawsuit Is the Last Thing You Planned For. We'll Guide Every Step.
Most families have never filed a civil claim, and the first time comes at the worst possible moment. Our wrongful death attorneys walk San Mateo families through who can file, when, and how, and handle the legal work so you don’t have to.
$75+ million
recovered for injured clients
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No fee
unless we win
Available 24/7
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Why Filing Matters, Even When It Feels Like Too Much
After a sudden loss, the idea of a lawsuit can feel daunting, especially if no one in your family has dealt with the civil courts before. But a wrongful death action exists to protect your family’s interests, now and years from now, when the income and support your loved one provided are no longer there.
The claim rests on a simple idea. If your loved one could have brought a personal injury claim had they survived, the family members the law names can bring a claim for their own losses now that they have died.
Filing is a multi-step process, and it often proves more complicated than families expect. Before anything is filed, we work through:
Whether the death was caused by another person's wrongful act or negligence
Which family members have the right to bring the claim
How much time remains before the filing deadline
You don’t have to sort any of this out alone. Talk to us when you’re ready; the consultation is free and confidential, and you pay nothing unless we win.
How a Wrongful Death Action Moves Forward
We talk, and we listen.
A free, private conversation about your loved one and what happened. You decide whether and when to go further.
We confirm who can bring the claim.
We map out your loved one’s family, including spouses or partners, children, grandchildren, and anyone who depended on them financially.
We lock in the deadline.
We find the date of death and check whether a government agency was involved, which can shorten the time to act.
We investigate what happened.
Reports, witness accounts, photos, and physical evidence show how the death occurred and who is responsible.
We present the claim.
We document your family’s losses and put the claim to every responsible insurer.
We file suit if we have to.
If the insurers won’t pay a fair amount, we file the wrongful death action on time and prepare it for trial.
What Filing Can Recover for Your Family
Final expenses
Funeral and burial costs, and medical bills from your loved one’s care before they died.
Lost support
The financial contributions your loved one would have made to the family in the years ahead.
Lost companionship and guidance
The loss of your loved one’s love, care, comfort, and moral support.
Your loved one's own losses
Through a separate survival action brought by the estate, the medical costs, lost wages, and other losses your loved one suffered between the injury and death.
What We Handle So Your Family Doesn't Have To
A wrongful death action involves records requests, deadlines, and negotiations that can stretch on for months. We take all of it on.
We gather the official records that explain the death, including the police or accident report, the death certificate, and coroner and medical records. We collect proof of your family relationships and of your loved one’s financial support. We identify every party that may share responsibility, from a negligent driver to an employer or a vehicle owner.
Then we handle the communication: calls from insurers, requests for statements, and settlement discussions. You’ll hear from us with updates in plain language, and nothing is decided without you. If a family member speaks Spanish or Korean, we can work with them in their own language.
Who Can File, and When: California's Rules
The first in line
A surviving spouse or domestic partner and the surviving children can bring the claim, along with the children of a child who has died. If none of them survive, the right may pass to the people who would inherit under California’s intestate succession laws.
Family members who depended on your loved one
Others who were financially dependent at the time of death may also have the right to file, such as parents, stepchildren, or a putative spouse and that spouse’s children.
Two years from the date of death
A wrongful death lawsuit generally has to be filed within two years. The clock usually starts on the date your loved one passed away, not the date of the accident. A claim involving a government entity can require a formal claim within six months.
Where the case is heard
A wrongful death case arising in San Mateo will usually be filed in the local superior court, though the right court depends on where the death occurred and where the defendants are.
What Our Clients Say
Her services were outstanding. About a half year ago when I got into an accident, I had consultations with several personal injury law firms. I went with Jimin because I…
Hyunah Jang
From start to finish Jimin has been on my case and very informative about where they are in the process of things... every time it seems like I thought about…
Dominick M.
This was my first time to have a car accident, so I did not know what I had to do. My friends suggested I contact Jimin since they all had…
Kwon Soonhyung
Filing a San Mateo Wrongful Death Action: FAQs
Who has the right to file a wrongful death action?
Generally a surviving spouse or domestic partner, the children, and the children of a child who has died. If none survive, those who would inherit under intestate succession may file, and some financially dependent family members, such as parents or stepchildren, may qualify.
What has to be true for a wrongful death claim to exist?
Your loved one’s death must have been caused by another person’s wrongful act or negligence, in circumstances where your loved one could have brought an injury claim if they had survived.
Our loved one was injured months before they died. When does the deadline start?
Usually on the date of death, not the date of the injury. It’s still best to call early, because evidence from the original accident can be lost.
Can we file if the other driver was never charged with a crime?
Yes. A wrongful death action is a civil claim and doesn’t depend on criminal charges or a conviction.
Do we need to hire separate lawyers for each family member?
Usually not. Eligible family members generally bring the claim together, and we can explain the process to everyone involved.
How long does a wrongful death action take?
It depends on the facts, the insurers, and whether the case goes to trial. Many claims settle through negotiation; we prepare every case as if it will go to court.
Can we talk to you in Spanish or Korean?
Yes. Our team works with families in English, Spanish, and Korean.
What does it cost to file?
Nothing upfront. We work on contingency and advance the case costs; you pay a fee only if we recover for your family.
Get Your Free, Confidential Case Review, 24/7
You don’t need to know where to start. Call or send the form, and we’ll explain your family’s options in plain language, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential, 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
