The grief of a tragic loss has another element: many families are left with serious financial problems.

When a loved one who worked to support their family dies, they may leave them without the resources to survive. Whether the death was a spouse, a child, or another close relative, seeking justice by filing a wrongful death claim can offer closure and the financial support needed to survive the tragic and avoidable loss of life. Our wrongful death lawyers in San Jose can help you during this awful time. 

What is a wrongful death claim?

Under California Code of Civil Procedure, the surviving family members (or the estate of the deceased person) have the right to sue for damages if the death was caused by a wrongful act or neglect. A wrongful act is an act of negligence or recklessness and may be intentional, such as an assault. The types of incidents that could allow the close family to file a wrongful death claim include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Medical malpractice cases
  • Premises liability cases

When can you file a wrongful death claim?

To file a wrongful death claim, several elements must be established:

  • Duty: The liable party owed the victim a duty of care, which is the legal obligation to use reasonable care to avoid harming another person.
  • Breach: The duty of care was breached (violated) by the actions of the defendant (the person who committed the act).
  • Causation: The breach of the duty of care caused the death of the individual.
  • Damages: The death of the individual resulted in losses to the close family, both financial and emotional.

A wrongful death case must prove that the individual or other entity acted in a negligent manner or committed a reckless or intentional act that caused the death of the individual.

If you need an attorney with a superpower, call us!

At The Swanson Law Group, our wrongful death attorneys in San Jose are compassionate, caring, supportive, empathetic, service-oriented, and dedicated to seeking justice for families who have lost a loved one due to the negligent or reckless actions of another party. At The Swanson Law Group, we are here to listen to what happened to your loved one and to speak with you about taking legal action to the negligent party accountable for their actions. Attorney Ben Swanson has faced his own health problems and has Parkinson’s disease, a condition that has empowered him to help his clients even more. He has transformed this experience into a superpower, as his profound understanding and compassion drive him to achieve justice and full compensation for his clients. He is able to truly relate to a victim who is in pain or no longer well. This is one of his pillars.

Banner media

Why file a wrongful death claim?

When a wrongful act leads to the death of another person, a wrongful death claim can be filed by the close family members such as spouse or children.

While no amount of compensation makes up for the loss of someone you love, a settlement or verdict will allow you to rebuild your life without financial stress. 

The Swanson Law Group: A winning team that fights for justice

When you work with The Swanson Law Group, you are joining a winning team. We are relentless, dangerous, strategic, unstoppable, and fearsome to the insurance industry. Our goal is to make the insurance company pay compensation for all damages. Read our case results to understand just how effective we are in personal injury law. We offer hope and faith combined with a no-compromise approach.

Background media

Our approach to filing a wrongful death claim

To file a wrongful death claim, wrongful death lawyers in San Jose take several steps. These include:

  • Identifying all liable parties: Depending on the type of case, several parties may be named in a claim or lawsuit. Every liable party is identified to ensure that any entity that contributed to the death is held accountable.
  • Gathering documentation about the death: We will gather all supporting documentation, including police reports, accident investigation reports, coroner’s reports, photographs, medical records, eyewitness testimonies, videos, and other existing information about the death. We may depose witnesses or call on our professional resources such as medical experts, professional accident investigators, and other data to help us craft a compelling case.
  • Filing the claim: Under the California Statute of Limitations, the privileged parties — those who have the legal right to file a wrongful death claim — have two years from the time of death to file a claim.
  • Receiving the response: The defendants in the case have the right to respond. The response will inform your wrongful death lawyer of how the liable parties intend to defend against the case. Once the defense attorneys (often a team of insurance company defense lawyers) become aware that the wrongful death claim is represented by The Swanson Law Group, they are often concerned because they know our record of winning cases against insurance companies.
  • Getting a settlement or going to trial: As the case moves forward, the insurance company may decide that it’s too dangerous to take the case to a jury in civil court. They may make a settlement offer to attempt to end the case. If they fail to make a fair settlement offer, we move forward with the trial. The negotiations are in writing. To get the idea of how The Swanson Law Group responds to unfair, low settlement offers, you can look at some of our insurance letters. You will see that we don’t sugarcoat our demands. Our exceptional team of wrongful death lawyers are dangerous, strategic, unstoppable, and fearsome to the insurance industry.

Survival actions

These legal actions are filed to compensate the estate of the person who died. The compensation in these cases pays for a set of financial losses, including but not limited to:

  • Medical bills prior to death
  • Lost wages 
  • Property damage

Who can file a wrongful death claim?

Under the California Code of Civil Procedure, certain individuals have the right to file a wrongful death claim. This statute, 377.60, describes the people who have this right:

  • Surviving spouse or domestic partner
  • Children of the deceased
  • Offspring of a deceased child
  • Parents or legal guardian of a deceased person with no spouse or children 
  • Siblings
  • Any other person who would be entitled to the support of the deceased person, such as stepchildren 
Banner media

We help you through your darkest days with full support

The sudden, preventable loss of a family member is one of life’s most difficult experiences. Our legal team at The Swanson Law Group is more than a talented group of trial lawyers; they are also genuinely compassionate, sympathetic, and dedicated to providing a rare level of support in wrongful death cases. Your case, your family, and your future wellbeing matter to us, and we relentlessly pursue the maximum in compensation for the families we represent in wrongful death claims.

You, your family, and The Swanson Law Group

After the sudden death of a loved one, it can be difficult to think about legal matters. Our team of lawyers understands the challenges you are facing. We work to lift some of the burden off your shoulders, allowing you and your family the time you need to grieve. A simple call to us (at no cost) can help you make this very important decision. You should know that when we take on a wrongful death case, we charge no fees unless we win — and you will not be asked to pay us anything out of pocket. For us, it’s personal. Every member of our team is dedicated to fighting back on your behalf. Call us today for a free case evaluation. 

Get the help you need from a team you can trust

Schedule now
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (888) 214-0261.
Contact Us