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San Jose Wrongful Death Lawyer
Lost a Loved One in a Fatal Work Accident?
Losing a loved one in a fatal work accident is an unimaginable tragedy. In San Jose, CA, families grappling with such a loss may have legal options to pursue compensation and justice. At Pacific Workers', The Lawyers for Injured Workers, our experienced San Jose wrongful death attorneys are dedicated to helping families navigate the complexities of wrongful death claims and ensuring they receive the support they deserve.
Contact our San Jose wrongful death lawyers today for a free consultation.
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No WIN, no FEE Guaranteed!Pay nothing unless you win your case. Payment comes from Insurance Company and not from your pocket!
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130+ Años de experiencia colectivaSabemos cómo ayudarlo a obtener los mayores beneficios posibles para sus lesiones.
What is Considered Wrongful Death?
A wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional misconduct. In the workplace, wrongful deaths can result from various hazardous conditions, including:
- Unsafe working environments
- Defective equipment or machinery
- Employer negligence in maintaining safety standards
- Exposure to toxic chemicals
- Falls from heights
- Vehicle-related accidents while on duty
- Workplace violence
When an employer, contractor, or third party fails to maintain a safe work environment, they may be held liable for the wrongful death of a worker.
Who Can File a Wrongful Death Lawsuit in California?
California law specifies who is eligible to file a wrongful death lawsuit. The following individuals are typically allowed to file a claim:
- Surviving spouse or domestic partner
- Children of the deceased
- Grandchildren (if the deceased’s children are also deceased)
- Dependent minors who lived with the deceased for at least 180 days prior to death
- Parents or siblings in cases where no direct heirs exist
In some cases, individuals who were financially dependent on the deceased may also be eligible to file.
How to Succeed in a Wrongful Death Lawsuit in CA
To win a wrongful death lawsuit, certain legal elements must be proven:
- Duty of Care: The responsible party had a duty to ensure the safety of the deceased.
- Breach of Duty: The responsible party failed to uphold that duty through negligence or misconduct.
- Causation: The breach directly led to the worker’s death.
- Damages: The death caused financial and emotional harm to the surviving family members.
At Pacific Workers', The Lawyers for Injured Workers, we meticulously gather evidence, consult industry experts, and build a strong case to prove these elements on your behalf.
Compensation for Wrongful Death
Families who succeed in a wrongful death claim may be entitled to compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of income and future earnings
- Loss of companionship and emotional support
- Pain and suffering
- Punitive damages in cases of gross negligence
FAQs About Fatal Work Accidents in San Jose, CA
How long do I have to file a wrongful death lawsuit in California?
California has a statute of limitations of two years from the date of death to file a wrongful death claim. Missing this deadline can result in losing your right to compensation.
Can I file a claim if my loved one was partially responsible for the accident?
Yes. California follows a comparative negligence rule, meaning that compensation may be reduced based on the deceased’s percentage of fault, but a claim can still be pursued.
What if my loved one was killed due to a third party’s negligence?
If a third party, such as a contractor or equipment manufacturer, was responsible, you may have grounds for a third-party wrongful death claim separate from a workers' compensation claim.
Do I need a lawyer to file a wrongful death claim?
While not required, hiring a San Jose wrongful death lawyer significantly improves your chances of securing fair compensation. Insurance companies and employers often attempt to minimize payouts, and legal representation ensures your rights are protected.
Can a wrongful death claim be settled out of court?
Yes. Many wrongful death cases are settled through negotiations without going to trial. However, if a fair settlement cannot be reached, our attorneys are prepared to take the case to court.
NORTHERN CALIFORNIA'S BEST WORKERS COMP ATTORNEYS Over $340 million recovered
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$5,200,000
Roofer in Oakland
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$3,250,000
Laborer Involved in Trucking Accident in San Luis Obispo
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$1,100,000
Assault & Battery Victim in San Francisco
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$1,000,000
Driver Involved in Motor Vehicle Accident in Carmichael
Proudly Serving Northern California
Contact a San Jose Wrongful Death Attorney Today
At Pacific Workers', The Lawyers for Injured Workers, we understand the emotional and financial toll a fatal workplace accident takes on a family. Our compassionate San Jose wrongful death lawyers are here to support you through this difficult time and fight for the justice your loved one deserves.
If you have lost a family member due to a workplace accident, contact us today for a free consultation. Let us help you seek the compensation and closure you deserve.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
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They didn't give up on me.
“Pacific Workers went to bat for me. Was I an easy person to get along with, no but they didn’t give up on me.”
David W.
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Thank you for being so kind!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders.”
Jazzie D. Daly City, CA
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I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
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They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA
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The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA
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I got a compensation package that I was very happy with!
“My attorney provided me with a very smooth experience, patiently answered all my questions, and worked hard to represent my best interests.”
Dro L. Redwood City, CA
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I would highly recommend PWC!
“PWC's staff is knowledgeable and informative when it comes to answering your questions and ensuring you're well informed during the process.”
Patrick P.
