How long do I have to file a San Jose wrongful death claim?

California wrongful death claims generally must be filed within two years under Code of Civil Procedure section 335.1. If a public entity may be responsible, Government Code section 911.2 usually requires a written claim within six months of the death. These deadlines are strict, so reaching out early protects the family's rights.

Who can file a wrongful death claim in California?

Under Code of Civil Procedure section 377.60, the surviving spouse or domestic partner and children have the primary right to file. If there are none, the right may pass to those who would inherit by intestate succession, and in some cases to financially dependent relatives such as parents or stepchildren. We can review who qualifies in your family's situation.

How much is a San Jose wrongful death case worth?

There is no fixed value and no guaranteed result. It depends on the financial support the deceased provided, the nature of the relationship, the family's losses, the strength of the liability evidence, and California's comparative negligence rule. A free, private consultation can help you understand the relevant factors.

Do we have to go to court for a wrongful death case?

Not always. Many wrongful death claims resolve through negotiation or settlement. If a fair resolution cannot be reached, the case may proceed to litigation, and we handle the court appearances in Santa Clara County so your family does not have to navigate it alone.

How much does a wrongful death attorney cost?

We work on contingency, so there is no attorney fee unless we win the case. The initial consultation is free and confidential, and we offer it in English, Armenian, and Russian.

San Jose Wrongful Death Lawyer

Losing a family member in a sudden crash or preventable incident is devastating, and the legal questions that follow can feel impossible to face. California law lets surviving spouses, children, and certain other relatives pursue a wrongful death claim to hold the responsible party accountable. MMG Law Firm guides San Jose families through this process from Glendale, with free and confidential consultations in English, Armenian, and Russian.

Wrongful Death matters in San Jose

Fatal collisions strike San Jose families on the freeways and surface streets that tie the South Bay together. High-speed crashes on the 101, the 280, the interchange tangle where the 680 and 880 meet, and busy arterials like Capitol Expressway and Monterey Road claim lives every year. Beyond the roads, deadly incidents arise from unsafe worksites near the tech campuses of North San Jose, dangerous property conditions, and defective products. When another party's negligence causes a death, the law gives the family a path to accountability.

A wrongful death case cannot undo the loss, but it can secure financial stability for those left behind and force a careless driver, company, or public entity to answer for what happened.

How These Tragedies Happen Here

High-speed and distracted-driving crashes on the 101, 280, 680, and 880
Wrong-way and DUI collisions on South Bay freeways and expressways
Pedestrian and bicyclist deaths on busy San Jose arterials
Commercial truck and rideshare-involved fatal wrecks
Workplace and construction-site incidents and dangerous premises

Who Can File Under California Law

California limits who may bring a wrongful death action. Under Code of Civil Procedure section 377.60, the right belongs first to the deceased person's surviving spouse or domestic partner and children. If there is no surviving spouse or issue, the right passes to those who would inherit under intestate succession, and in some cases to others who were financially dependent on the deceased, such as a putative spouse, stepchildren, or parents.

When a public entity may be at fault, for example a dangerous road condition or a government vehicle, the family must first file a written claim under California Government Code section 911.2, generally within six months of the death. This deadline is separate from and shorter than the standard lawsuit deadline, and missing it can bar the claim.

California applies pure comparative negligence, so a recovery may be reduced if the deceased shared some fault, but it is not eliminated.

What a Claim May Recover

Damages for the family

Loss of financial support the deceased would have provided
Loss of household services, care, and contributions
Loss of love, companionship, comfort, and guidance
Funeral and burial expenses

A separate survival action

In many cases the estate may also bring a survival action for losses the deceased suffered before death. Every case is unique, no outcome is promised, and we pursue documented losses rather than make guarantees.

Deadlines and the San Jose Court

A California wrongful death lawsuit generally must be filed within two years under Code of Civil Procedure section 335.1. When a public entity is involved, the Government Code section 911.2 claim deadline comes first and is far shorter. San Jose wrongful death cases are typically filed in the Santa Clara County Superior Court, with civil matters heard at the Downtown Superior Court on North First Street.

How MMG Law Firm Helps from Glendale

We represent grieving families across California, including San Jose and Santa Clara County, from our base in Glendale. We handle the investigation, accident reconstruction coordination, and insurance negotiations remotely, keep the process respectful and clear, and appear in Santa Clara County court when needed. Consultations are free and private in English, Armenian, and Russian, and we work on contingency, so there is no fee unless we win.

How Mihran M. Ghazaryan helps with wrongful death

These are the matters Mihran M. Ghazaryan approaches with the most care. He identifies the family members California law allows to bring a claim, handles the process so the family doesn't have to relive it at every turn, and accounts fully for both the economic and the human losses — quietly, respectfully, and with the family's wishes leading the way.

Types of wrongful death matters we handle

Motor-vehicle fatalities

Includes pedestrian, bicycle, motorcycle, and passenger fatalities. Federal regulations and CHP investigation drive the timeline.

Premises and workplace fatalities

Cal-OSHA reports become available later than family expects. We coordinate the investigation around their pace, not the agency's.

Medical-related deaths

MICRA limits and physician/hospital coordination create unique procedural rules. We work with consulting experts early.

What compensation can cover

Every wrongful death claim is different, but California law allows injured plaintiffs to seek several categories of damages. We build each one with documentation — medical records, wage statements, expert opinions — so nothing is left on the table.

Medical expenses

Emergency care, hospitalization, surgery, rehabilitation, and the future treatment your providers say you'll need.

Lost wages

Income you lost while recovering — and, where the injury affects your ability to work, diminished future earning capacity.

Pain and suffering

Compensation for physical pain, emotional distress, and the ways the injury has changed how you live day to day.

Property damage

Repair or replacement of your vehicle and other property damaged in the incident.

Out-of-pocket costs

Transportation to appointments, medical equipment, household help, and the other expenses an injury forces on you.

How we work

Free, no-pressure consultation

We listen first. We answer your questions. There is no fee for the initial conversation — and you decide whether to engage us at the end of it.

Investigation and evidence preservation

Police reports, scene photos, witness statements, vehicle data, surveillance video, medical records. The earlier we collect, the harder it is for the other side to reshape the story later.

Treatment, demand, and negotiation

We coordinate with your providers, document the full extent of damages — medical, lost income, pain — and present a demand backed by evidence. We push back firmly when an insurer lowballs.

Litigation when necessary

Most matters settle. When an insurer refuses to be reasonable, we file. Preparing every case as if it will be tried is what makes the settlement number move.

What to do right away

Take the time you need before making decisions about a case.

Preserve any evidence in your possession — vehicles, clothing, devices.

Do not sign anything from the at-fault party's insurer.

Be cautious of social-media posts; they will be reviewed.

When ready, call us. The consultation is free and there is no rush.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.