Wrongful Death

San Jose Wrongful Death Attorney

Compassionate Representation, Proven Results

Losing a loved one to fatal injuries sustained during and after an accident is a tragedy that no one can be ready to face. You may feel as though there is nothing that may bring justice to your family for the wrong that has been done.

At Mitchell & Danoff Law Firm, we understand that losing a loved one brings emotional turbulence and difficult experiences into a family’s life. We also know that there are ways for families to get help as they recover.

By filing a wrongful death claim, a family may take legal action to seek justice and compensation from the negligent party that was responsible for causing a fatal accident. This may be a vital step for you and your family as you move forward after a tragic loss.

We are ready to help our clients take legal action. We work with clients all over the San Jose.

Contact our firm by calling (831) 219-2110 today and discuss your situation with 
our San Jose wrongful death lawyer.

Compensation in a Wrongful Death Claim in the San Jose

Every family has rights and protections under the law. Holding the at-fault party or company responsible for their negligence is an important step in the right direction. Not only may it help you find closure after your tragic loss, but it may also award you compensation for the losses and expenses that come after the accident.

Many families are left with heavy financial burdens and a severe economic disadvantage—a claim for wrongful death may alleviate these unfortunate circumstances.

Surviving family members may be eligible to recover compensation for:

  • Medical bills that have accrued before death
  • Pain and suffering costs accrued before death
  • Emergency medical treatment costs, such as ambulance transportation
  • Loss of companionship and support
  • Loss of consortium
  • Loss of future lifetime income the deceased would have earned
  • Payments for household services that the deceased provided
  • Funeral costs and burial expenses
  • Other punitive damages

No monetary payment may be large enough to fully compensate for the wrongs that have been done to your family. Perhaps the psychological impact of coming to terms with the premature death of your family member has caused you significant distress.

Obtaining the financial compensation that you need can provide temporary relief in the form of paying for any of your financial obligations. Let us focus on your financial security so you may focus on the process of healing and preparing for the future.

When Should I File a Wrongful Death Claim?

When a loved one passes away as a result of injuries sustained in an accident of any kind, you may pursue a wrongful death claim. From traffic accidents to workplace accidents, fatal injuries caused by another person’s negligence may be grounds for your family to recover compensation.

Do not underestimate your position and suffer needlessly—let our award-winning personal injury lawyer help you pursue an effective course of legal action.

Speak with a Wrongful Death Lawyer in the San Jose for Dedicated Representation!

At Mitchell & Danoff Law Firm, we walk our clients through the legal process and help them regain some peace of mind. With 30+ years of experience, the San Jose wrongful death attorneys on our legal team has the skills necessary to help families recover the financial compensation they deserve.

Do not let the financial burdens of the present affect your family’s future. We have recovered tens of millions in damages for clients injured in accidents. Let our personal injury attorneys help you hold negligent parties accountable for their actions.

Establishing Liability In Wrongful Death Claims

Our Hollister, CA wrongful death lawyer understands that losing a loved one is an incredibly painful and challenging experience. When that loss is the result of someone else’s negligence or wrongdoing, it’s crucial to seek justice and compensation for your family’s suffering. In California, wrongful death claims are a legal avenue for pursuing accountability, but they come with a significant burden of proof. When you are seeking help after a wrongful death, speak with our compassionate legal team for help.

What Is The Burden Of Proof In Wrongful Death Cases?

In California, as in many other states, wrongful death claims are civil lawsuits that allow surviving family members to seek compensation for the death of a loved one caused by another party’s negligent or intentional actions. To prevail in such a case, the burden of proof rests on the plaintiff—the person bringing the lawsuit—to establish certain key elements as outlined below.

Duty Of Care

The plaintiff must demonstrate that the defendant owed a duty of care to the deceased individual. This means showing that the defendant had a legal obligation to act reasonably and avoid causing harm to others.

Breach Of Duty

It must be proven that the defendant breached their duty of care through their actions or inactions. Our Hollister wrongful death lawyer knows this involves showing that their behavior fell below the standard of care expected in a similar situation.


The plaintiff must establish a direct link between the defendant’s breach of duty and the death of their loved one. It’s essential to demonstrate that the defendant’s actions or negligence were a substantial factor in causing the fatal injury.


Lastly, the plaintiff must provide evidence of the damages suffered as a result of the wrongful death. This may include medical expenses, funeral costs, loss of financial support, and the emotional pain and suffering endured by surviving family members.

How We Can Help

Our dedicated legal team will work tirelessly to gather evidence, interview witnesses, consult experts, and craft a compelling narrative for your wrongful death claim. We understand the emotional toll this process can take, and we are here to provide the guidance and support you need every step of the way.

Don’t Wait – Take Action Today

Time is of the essence when it comes to wrongful death claims in California. The statute of limitations restricts the timeframe within which you can file a lawsuit. To ensure your family’s rights are protected, reach out to our office as soon as possible. We will schedule a consultation to discuss your case and explore your legal options.

If you believe your loved one’s death resulted from someone else’s negligence or wrongful actions, don’t hesitate to contact us at Mitchell & Danoff Law Firm, Inc. Let us help you seek justice and hold those responsible accountable. Your family deserves the support and compensation necessary to move forward during this difficult time. Schedule an appointment with our Hollister wrongful death lawyer today and let us be your trusted legal advocates in pursuing justice for your wrongful death claim.

Schedule your free case evaluation today by calling (831) 219-2110 and discuss your situation with our award-winning firm. To date, we’ve recovered tens of millions on behalf of our clients.

Personal Injury
Contact Us
Get a Free Case Evaluation Today
Please enable JavaScript in your browser to complete this form.

Client Review

"Mitchell & Danoff provided excellent legal service. Overall, I'm very pleased and impressed with their entire team particularly Patricia and Jesse. They are super nice, courteous, patient and always ready to answer and address all of my questions. Their expertise and professionalism are superior as well. THANK YOU for a job well done!"
Katherine Poh
Client Review

Contact Mitchell Law Firm for a Free Case Evaluation!

If you've been injured in an accident through another's wrongful actions, you are entitled to compensation. Don't wait any longer; contact our firm immediately to see how we can help you.

By providing my phone number to Mitchell & Danoff Law Firm, I agree and acknowledge that Mitchell & Danoff Law Firm may send text messages to my wireless phone number for any purpose. Message and data rates may apply.

Read Disclaimer
Please enable JavaScript in your browser to complete this form.

Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.