San Jose Wrongful Death Lawyer

Coping with the loss of a loved one is indescribable. When their death is because of another individual’s unjust, negligent, or wrongful conduct, coping is even more difficult. The resulting pain and trauma can be difficult to bear without the feeling of justice for what happened. Although nothing can take the place of a person’s life or completely heal that wound, families may be able to seek compensation with a wrongful death lawsuit.

If you have a potential wrongful death claim, hiring a trusted personal injury attorney is the best first step to holding the at-fault party accountable. Grieving families are often unsure about the success of their prospective lawsuit or worry about the accompanying stress. You need a dedicated team of professionals who will fight on your behalf. Valero Law Group will prioritize you getting the help you need while you focus on healing. Our empathetic San Jose wrongful death lawyers can help you pursue the compensation you and your deceased loved one deserve.

Wrongful Death Claims in California

A wrongful death lawsuit involves a person’s death due to the negligence, carelessness, or recklessness of another person. When another person’s actions contributed to the decedent’s death, certain family members can hold them accountable in a wrongful death lawsuit. The following family members or their personal representatives are eligible to bring a lawsuit:

  • Spouses
  • Children
  • Domestic partners
  • Grandchildren (only if the decedent’s children are also deceased)
  • Other minor children, like stepchildren, who were dependent on the deceased for at least 50% of their financial support
  • Anyone else who would be legally entitled to the decedent’s property

A variety of circumstances can result in a wrongful death. Car, truck, and motorcycle wrecks, medical malpractice, pedestrian accidents, defective products, and premise liability accidents are some common examples.

Proving Liability for a Wrongful Death

A person must prove the defendant’s negligence for a successful wrongful death claim. To prove negligence, a person must establish that the defendant owed a duty of care to the deceased and that the defendant violated that duty of care. They must also show that this violation was the direct cause of an accident, injuries, and death. A seasoned San Jose lawyer can help family members prove that the at-fault party was negligent in a wrongful death case.

Navigating the Settlement Process

Most wrongful death cases require interacting with insurance companies. It is typical for insurance companies representing the at-fault party to negotiate on their customer’s behalf. Insurance companies are dedicated to protecting their own economic assets, meaning that they typically will offer insufficient settlements to people who do not have a legal professional handling negotiations for them. That is because these companies hope they can pressure someone into settling for less than they deserve.

Many wrongful death cases settle out of court, meaning they do not appear before a judge and jury for trial, and instead, the parties work out an agreement amongst themselves. Sometimes these agreements happen quickly and sometimes they can take years. The at-fault party will usually agree to pay an amount to the decedent’s family or estate. This settlement can help the family pay damages like the funeral costs or any outstanding medical bills, as well as reimburse them for their own pain and suffering. A diligent San Jose wrongful death attorney will never pressure you to accept a settlement that you are uncomfortable with and will fight to make sure you get the best offer possible.

Contact a Compassionate San Jose Wrongful Death Attorney Today

When you have lost a loved one due to another person’s negligence, contacting a lawyer may be one of the last things on your mind. However, you should not handle the difficulties of the legal system on your own. Wrongful death lawsuits can be complex and intense. At Valero Law Group, we are always available to take your call and only get paid if we win your case. Reach out to our San Jose wrongful death lawyers today.