San Jose Wrongful Death Lawyer
San Jose's worst collisions happen where commute volume meets high-speed expressways. If a crash took someone from your family here, we handle the claim while you deal with everything else.
Where fatal collisions happen in San Jose
US-101, I-280, I-880 and SR-87 carry Silicon Valley's commute at volume, and SR-17 over the hill is a notoriously unforgiving road. San Jose's expressways are a distinctive local hazard: they are built like freeways but carry signalised intersections and pedestrians, which produces high-speed right-angle collisions that neither a freeway nor a city street would.
Where a San Jose claim is filed, and by when
Cases are generally handled through the Superior Court of California, County of Santa Clara. California generally allows two years from the date of death, but if a public entity was involved — a city vehicle, a dangerous public road, a government employee — a formal claim usually has to be presented to that agency within about six months before suit is possible.
Who responds, and why it matters later
The California Highway Patrol handles freeway and expressway fatalities while the San Jose Police Department covers city streets. The region has a major trauma center, and where someone was transported quickly the medical record frequently becomes the most detailed evidence of the impact itself.
What a California family may recover
California allows recovery for the financial support the person would have provided, the value of the household services they performed, funeral and burial costs, and the loss of their love, companionship, comfort and guidance. One distinction surprises families: California does not compensate the survivors' own grief as such. A separate survival claim, brought by the estate, covers what the person endured before dying.
Frequently asked questions
Who can file a wrongful death claim in San Jose?
California limits it by statute to certain family members — typically a spouse or domestic partner and children, and sometimes others who were financially dependent. Who qualifies is a legal question rather than a matter of who was closest, and it is worth confirming early.
How long do we have after a death in San Jose?
Generally two years from the date of death. If a government entity was involved, a claim usually has to be presented to that agency within about six months first — a far shorter deadline that is easy to miss.
What can our family recover?
Financial support, household services, funeral and burial costs, and the loss of the person's love, companionship and guidance. California does not compensate the survivors' own grief as such, though a separate survival claim can cover what the person endured before death.
Hurt in San Jose? Find out where you stand.
A quick, confidential review — about two minutes, no cost, no obligation.
This is general information about California injury claims, not legal advice. Every case is different.