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San Jose Wrongful Death Lawyer

San Jose Wrongful Death Lawyer

Losing a loved one is never easy. But if their death was caused by the negligent or reckless actions of another person, the pain of that loss can increase tenfold. Mitchell & Danoff Law Firm, Inc, is a personal injury law firm committed to “Fixing that which is broken, one client at a time.” Let our San Jose, CA wrongful death lawyer help get justice for your family and fight for full compensation for all you and your loved one have suffered.

Wrongful Death Lawyer San Jose, CA

A death may be considered wrongful if there is evidence that the deceased was a victim of negligence or intentional harm. The most common causes of wrongful death are:

  • Car, truck, and motorcycle accidents
  • Medical malpractice (surgical errors, misdiagnosis, prescription errors, etc.)
  • Workplace accidents (falls, electrocution, equipment malfunctions, etc.)
  • Defective products
  • Criminal acts (assaults, homicide, and murder)

Wrongful death claims can be filed by immediate family members of the deceased. Priority is given to spouses and children. If the victim was a minor, their parents may be able to file a claim. Multiple plaintiffs can be named in the lawsuit, but only one claim can be filed per incident. It is essential to consult our San Jose wrongful death lawyer for guidance to make sure that you are eligible to pursue damages under California law.

There are several types of damages that our attorney may include in your wrongful death lawsuit. First, we will evaluate the losses of the deceased, including medical bills, funeral expenses, and pain and suffering. Then, we calculate the financial impact their passing had on your family. For example, if your family depended on the deceased’s income, we may be able to recover compensation for that hardship, alongside more emotional damages like loss of companionship.

It is important to understand that justice for wrongful death claims comes in the form of financial compensation, not a criminal verdict. The at-fault party does not need to be charged with a crime to be held liable for civil damages. In some cases, like in fatal drunk driving accidents, there is a separate criminal component. However, the outcome of those charges does not impact your eligibility to file a lawsuit. Our wrongful death attorney will advise when the right time is to take action, as a guilty verdict can be helpful evidence in your case in those unique situations.

Why Experience Matters In Wrongful Death Cases

Wrongful death cases can be more difficult to prove than other personal injury cases because wrongful death lawsuits are filed on behalf of the victim, not by the victim. This distinction may seem trivial, but it means our lawyer does not have the benefit of their side of the story. Instead, we must rely on external evidence and often testimony from third-party experts to get a good picture of what happened and who should be held accountable. This effort requires extensive resources and a professional network, all of which our team has access to.

We are honored that grieving families in California turn to our personal injury legal services for help. Our commitment to client advocacy is backed by:

  • 30+ year history of putting our clients first
  • Our reputation for having an uncompromised level of ethics, professionalism, and results
  • A prestigious AV-preeminent rating by Martindale-Hubbell
  • Multiple designations on the Super Lawyers “Best of” lists
  • A track record of delivering results,  including a recent $500,000 wrongful death settlement

At Mitchell & Danoff Law Firm, Inc, we understand how devastating it is to lose a loved one because of another person’s carelessness. You deserve justice, and our San Jose wrongful death lawyer will do everything possible to get it. To see if your family has a valid case, schedule a free consultation with our team today. We never charge legal fees unless we win, and everything you share with our attorney is 100% confidential. Together, we can hold the person responsible for taking the life of your loved one financially accountable for their actions.

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"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!"
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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.

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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.