Wrongful Death Lawyers
San Jose Wrongful Death Lawyers
The sudden loss of a loved one is one of life’s deepest pains, especially when it happens because of someone else’s negligence or recklessness. Families not only face grief but also medical bills, funeral expenses, and the loss of financial support. At the Law Offices of Kenneth Chike Odiwe, our San Jose wrongful death lawyers are here to fight for justice and the compensation your family needs to move forward.
What Is a Wrongful Death?
A wrongful death occurs when a person dies due to negligence, recklessness, or intentional harm caused by another party. These civil claims are different from criminal cases — they focus on providing compensation to the family, not punishing the offender.
Our wrongful death lawyers in San Jose handle cases involving car accidents, medical malpractice, workplace hazards, and other tragic incidents where accountability is essential.
Types and Common Causes of Wrongful Death in San Jose
Wrongful death cases in San Jose often stem from negligence, recklessness, or intentional harm. Families not only grieve their loss but also face sudden financial and emotional struggles. Common causes include:
Motor Vehicle Accidents – Crashes involving cars, trucks, motorcycles, bicycles, or pedestrians are among the leading causes, often linked to speeding, distracted driving, or DUIs.
Medical Malpractice – Surgical errors, misdiagnoses, delayed treatment, or medication mistakes can tragically cost lives.
Workplace and Construction Accidents – Unsafe job sites, defective equipment, or poor safety practices in San Jose industries often result in fatal injuries.
Premises Liability – Slip and falls, drownings, or fires on poorly maintained properties can lead to deadly outcomes.
Defective Products – Faulty auto parts, unsafe consumer goods, or dangerous medications may cause fatal harm.
Criminal Acts – Assaults, homicides, or other violent acts can also give rise to wrongful death claims.
Each case is different, but the pain is always the same. Our wrongful death lawyers work to uncover the truth, prove liability, and fight for the justice and compensation your family deserves.
Types of Wrongful Death Cases We Handle in San Jose
Our San Jose wrongful death attorneys have years of experience representing families in many different types of cases. Each situation is unique, but these are some of the most common:
- Fatal car, truck, and motorcycle accidents – Negligent driving, speeding, or impaired drivers often cause crashes that take lives. We work to hold reckless drivers and their insurers accountable.
- Medical negligence or malpractice – Mistakes such as misdiagnosis, surgical errors, or medication overdoses can lead to preventable deaths. Families deserve justice when trusted healthcare providers fail in their duty of care.
- Construction and workplace accidents – Falls, unsafe machinery, or lack of safety measures on job sites are sadly common causes of fatal injuries. We fight to protect workers’ rights and support grieving families.
- Pedestrian and bicycle collisions – In a city like San Jose, cyclists and pedestrians are vulnerable to careless drivers. These accidents often leave families facing sudden and devastating loss.
- Defective or unsafe products – From faulty auto parts to dangerous medical devices, defective products can cost lives. We pursue claims against manufacturers and distributors responsible for putting unsafe products on the market.
- Premises liability accidents – Fatal falls, drownings, or other incidents caused by poorly maintained properties may give rise to a wrongful death claim against negligent property owners.
- Criminal acts leading to loss of life – Homicides and other intentional acts are grounds for civil wrongful death claims in addition to any criminal charges.
Each case is unique, and our team carefully investigates every detail to hold the responsible parties accountable.
Who Can File a Wrongful Death Claim in California?
Under California law, only certain people are eligible to file a wrongful death claim, such as:
- Surviving spouse or registered domestic partner
- Biological or adopted children
- Parents of the deceased (in certain cases)
- Grandchildren, if their parent is also deceased
- Other financial dependents or representatives of the estate
Our San Jose wrongful death cases law firm can help determine whether you are eligible and guide you through the legal process step by step.
California Laws Governing Wrongful Death Claims
Wrongful death cases in San Jose are guided by California’s civil laws. Families need to understand these rules before filing a claim:
- California Code of Civil Procedure §377.60 – Defines who is legally allowed to bring a wrongful death lawsuit (spouse, children, dependents, etc.).
- Statute of Limitations – Families generally have two years from the date of death to file a wrongful death claim. If a government entity is involved, a claim must be filed within six months.
- Comparative Negligence Rule – Compensation may be reduced if the deceased is found partially at fault for the incident.
- Survival Actions – In addition to wrongful death, the estate may file for damages the deceased suffered before death (such as medical bills and lost wages).
- Burden of Proof – The plaintiff must show the defendant’s negligence or misconduct directly caused the death.
These laws make wrongful death claims complex, which is why working with skilled San Jose wrongful death lawyers is crucial to protect your family’s rights.
What Compensation Can Families Recover?
Compensation in a wrongful death claim can help ease both financial and emotional burdens. Recoverable damages may include:
- Funeral and burial expenses
- Medical costs prior to death
- Loss of income and financial support
- Loss of household services and care
- Emotional suffering and loss of companionship
In some cases, punitive damages may also be awarded when gross negligence or intentional harm is proven.
How We Prove a Wrongful Death Claim
Our San Jose wrongful death lawyers focus on building strong cases by establishing:
- Duty of Care – showing the defendant had a legal duty (e.g., drivers must drive safely).
- Breach of Duty – proving that duty was violated.
- Causation – linking the negligence directly to the death.
- Damages – demonstrating the financial and emotional losses suffered by the family.
We gather evidence such as accident reports, medical records, witness statements, and expert testimony to support your claim.
Why Choose Us For Wrongful death cases in San Jose?
Choosing the right lawyer after losing a loved one makes all the difference. Families in San Jose trust us because we combine compassion with proven results. Here’s why we stand apart:
Experience with Complex Cases – With decades of handling San Jose wrongful death cases, we know how to investigate, prepare, and fight for maximum compensation in even the most challenging claims.
Compassionate Representation – We understand the emotional pain you’re carrying. Our team provides not just legal support, but also the guidance and empathy you need during this difficult time.
Proven Results – From negotiated settlements to trial verdicts, our track record speaks for itself. Families turn to us because they know we are relentless in seeking justice and financial relief.
No Upfront Fees – We work on a contingency fee basis, meaning you pay nothing unless we win your case. This ensures you can pursue justice without financial pressure.
Local Knowledge – As a firm rooted in San Jose and Santa Clara County, we understand the local courts, judges, and insurers. This insight gives us an edge in protecting your rights.
When you need trusted legal support, our firm stands ready to fight for your family and deliver the justice you deserve.
Contact Our San Jose Wrongful Death Attorneys Today
If you’ve lost a loved one due to negligence or misconduct, don’t face the legal battle alone. Our compassionate San Jose wrongful death attorneys are here to stand by your side and fight for justice.
📞 Call the Law Offices of Kenneth Chike Odiwe today for a free consultation. Let our wrongful death lawyers in San Jose help you seek closure, accountability, and the compensation your family deserves.
Under California law, a wrongful death claim can usually be filed by a surviving spouse or domestic partner, children, or other close family members. In some cases, parents or financial dependents may also have the right to pursue a claim. Our San Jose wrongful death lawyers can help you determine your eligibility.
In most situations, you have two years from the date of your loved one’s death to file a wrongful death claim. If the case involves a government agency, the time frame is even shorter. Speaking with our attorneys as soon as possible ensures you don’t miss important deadlines.
Families may be able to recover funeral and burial costs, outstanding medical bills, loss of income and financial support, and compensation for emotional suffering or loss of companionship. Every case is unique, and our legal team will fight to secure the maximum compensation available.
Most wrongful death cases that settle out of court remain private. If a case goes to trial and the court issues a verdict, those records usually become public. Our wrongful death attorneys in San Jose will guide you through this process and protect your family’s privacy as much as possible.
To succeed, it must be shown that the responsible party owed a duty of care, breached that duty through negligence or misconduct, and that this directly caused your loved one’s death. Finally, you must prove the financial and emotional losses suffered by your family. Our San Jose wrongful death attorneys handle every step of gathering and presenting this evidence.