San Jose Wrongful Death Lawyer

The sudden and unexpected loss of a loved one is one of the most difficult experiences that one can go through in life. Wrongful death accidents are emotionally traumatizing for the family of the victim, and the repercussions of losing a loved one in a needless accident can linger for years. The caring legal team at Habbas & Associates understands the devastating nature of wrongful death accidents and we have seen the financial strain that families can go through after the death of the family's main financial provider.

With more than 200 years of legal experience, our law firm represents families and individuals who have lost their beloved family members in tragic and preventable accidents. We provide caring, reliable legal counsel and support for our clients so that they can recover the compensation they need to stay financially afloat. When you call a San Jose wrongful death attorney at our firm, you will immediately begin to receive the compassionate legal support you deserve.

Call Habbas & Associates today at (888) 387-4053 or contact us online to schedule a meeting with our wrongful death attorney in San Jose!

Common Causes of Wrongful Death

While there are a variety of accidents that can lead to the death of a loved one, some of the most common include:

• Car Accidents
• Construction Accidents
• Drunk Driving Accidents
• Motorcycle Accidents
• Slip and Fall Accidents
• Truck Accidents

Our firm has extensive experience in the recovering compensation under personal injury law, and we will fight for you to receive the maximum amount of compensation available. At Habbas & Associates, we are passionate about seeing our clients get through a trying time in their life, and we work tirelessly so that they can rest free from financial worry.

Understanding Wrongful Death Claims in California

The law defines wrongful death as a death caused by the negligence or misconduct of another person or company. If your loved one was killed because of the negligent or reckless actions of another, you may be entitled to seek compensation under the law.

In California, certain elements need to be proven to succeed in a wrongful death lawsuit. Here are the key components typically required:

1. Duty of Care: You must establish that the defendant owed a duty of care to the deceased. For instance, in a car accident, all drivers owe a duty of care to others on the road so that they can drive safely.
2. Breach of Duty: Show that the defendant breached that duty of care. This means they failed to act reasonably or appropriately, causing harm. For instance, if drivers ran a red light and caused the accident, they breached their duty.
3. Causation: Prove that the defendant's breach of duty directly caused the death. There must be a clear link between the defendant's actions or negligence and the death.
4. Damages: Demonstrate the losses suffered as a result of the death. This includes economic damages (like medical bills, funeral expenses, lost wages, etc.) and non-economic damages (such as pain and suffering, loss of companionship, etc.).

Collect and present evidence supporting your claims. This may include eyewitness testimonies, expert opinions, accident reports, medical records, etc. 

Who Can File a Wrongful Death Lawsuit in California?

In California, parties eligible to file a wrongful death claim are specified under the California Code of Civil Procedure Section 377.60. The following parties typically have the legal standing to bring forth a wrongful death lawsuit:

1. Spouse or Domestic Partner: The surviving spouse or domestic partner of the deceased holds the primary right to file a wrongful death claim.
2. Children: Natural or adopted children of the deceased can file a wrongful death claim. This includes minors and adult children.
3. Grandchildren: Grandchildren can file a wrongful death claim if their parent (the child of the deceased) is also deceased.
4. Other Dependents: Any individuals who were financially dependent on the deceased, such as stepchildren or minors for whom the deceased was the guardian providing at least 50% of financial support, may also have the right to file a claim.
5. Putative Spouse and Putative Children: A putative spouse (one who believed in good faith that they were legally married to the deceased) and the putative spouse's children who were dependent on the deceased may have the right to file.
6. Parents: Biological or adoptive parents of the deceased can file a wrongful death claim if they are dependent on the deceased for financial support.
7. Personal Representative: If no immediate family members or eligible parties come forward to file a claim, the personal representative of the deceased's estate may file a wrongful death action on behalf of the estate.

What is the Statute of Limitations for a Wrongful Death Claim in California? 

According to California Code of Civil Procedure 335.1, a person must file a wrongful death claim within two years of the death of an individual that was "caused by the wrongful act or neglect of another." Two years can pass quicker than you realize, therefore, it is important to contact a wrongful death attorney as soon as possible to begin building your case.