The sudden loss of a loved one is one of the hardest challenges a family may go through. When that loss is caused by another person’s careless or reckless actions, families often want answers—and accountability. The legal process behind a wrongful death case allows surviving family members to pursue justice and financial compensation, though the path forward can involve several important steps. At our firm, we’ve helped families through cases involving car accidents, unsafe premises, and fatal workplace incidents. If you’re considering legal action, working with a San Jose, CA wrongful death lawyer may help guide you through what to expect.
Establishing The Foundation Of A Wrongful Death Claim
Every case starts with determining whether the death was legally wrongful. That means showing the death resulted from another party’s negligence, misconduct, or failure to act. For example, if a driver ran a red light and caused a fatal collision, or if a property owner failed to repair a known hazard that led to a fatal fall, those actions may create a basis for a claim.
In California, wrongful death lawsuits can be filed by surviving spouses, domestic partners, children, or other dependents. The purpose of the claim is to recover damages related to the loss of financial support, companionship, and funeral costs, among others.
Initiating The Legal Process
Once we’ve established a valid claim, we begin by conducting a thorough investigation. This typically involves collecting records, interviewing witnesses, and reviewing physical evidence. In some cases, expert witnesses in fields like traffic reconstruction or medicine may be consulted to strengthen the case.
Next, we file a complaint with the court. This document outlines the legal grounds for the claim and the compensation being sought. After that, the defendant can respond, and both sides enter the discovery phase where they exchange evidence.
Pursuing A Fair Resolution
Many wrongful death cases are resolved before trial. Settlement negotiations can take place throughout the process, especially when liability is clear or the evidence is strong. Our firm is committed to protecting our clients’ interests during these discussions, always working toward a resolution that meets the needs of the surviving family.
When a settlement cannot be reached, the case may proceed to trial. In court, both sides present their evidence, question witnesses, and argue their case before a judge or jury. The decision at trial will determine if the defendant is liable and what damages should be awarded.
Why Legal Experience Matters In Local Wrongful Death Cases
Wrongful death claims often overlap with insurance coverage issues, employer liability, and government regulations. Our firm has handled claims involving Caltrans and other public entities, which require additional procedural steps under California’s Government Claims Act. We’re also experienced in high-value motor vehicle accident cases, where multiple parties may share fault. These specific issues require close attention to detail, particularly when dealing with filing deadlines and preservation of evidence.
Moving Forward With Legal Support You Can Trust
Filing a wrongful death case is about more than compensation; it’s about holding the responsible party accountable and looking out for your family’s future. With the right legal team, it’s possible to move forward with confidence and clarity. Attorneys like those at Mitchell & Danoff Law Firm, Inc can help you take that next step. Contact us today to schedule a consultation and learn how we can assist you with your case.