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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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Easy CommunicationConnect with us via text, email or schedule a call online!
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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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No More StressFocus on your recovery and leave all the stress and legal paperwork to us!
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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.
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Your team was great to work with!
“You took nothing and made it out of something. I felt like I mattered! Everyone was very professional and caring.”
Heather Flores Bakersfield, CA -
“¡Farber hizo que fuera muy fácil y sin estrés para mí! Ellos hicieron todo el trabajo duro y me hicieron sentir tranquila en la situación que estaba atravesando. Nunca habría esperado que el resultado fuera tan bueno. Me mantuvieron al día de todo lo que pasaba en mi caso. Todos los abogados con los que traté eran tranquilizadores y positivos. Recomendaría a Farber a cualquier empleado que necesite ayuda con su compensación de trabajadores.”
Janette D. -
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!
“Iana and Sergio are very helpful, and Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work they have been helping me out through my trying time and doing a damn good job with dealing with stuff that I can't handle and I really appreciate all their help if you ever need help with an injury at work this is the place to go.”
Lamar B. Santa Clara, CA -
Bilal is very professional, caring and committed to his clients!
“My lawyer Bilal took the time out on a late Friday afternoon to meet with me and answer some questions that I had. Who stays late and meets with you on a Friday afternoon? Very few do, Bilal does. It speaks to his professionalism, caring, and commitment to his clients. Which creates a culture value at PWC. This is only one example of my experience with them, there are many more just like this.”
Guy H. Novato, CA -
PWC has provided me with exceptional care!
“My experience with them has been exceptional. They are caring, devoted and professional. They had turned a stressful situation into one that does not cause anxiety.”
Jaaziel B. -
The attorneys and employees at PWC are angels!
“Thank goodness for my team of lawyers and assistants that always take the time to listen to my concerns, answer my questions, and act on my behalf when my company does nothing!! Someone else said it, and I second that the people at PWC are angels!! At least I feel that someone is on MY side now!”
Heikelyn J. -
I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center!
“I was lucky enough to obtain the services of Pacific Workers' Compensation Law Center. They worked tirelessly to receive the best care, and finally a C&R settlement from SCIF for me. Without them, I would have been just another injured worker without medical treatment.”
Martha M. -
For anyone out there looking for a 'Worker's Comp attorney,' look no further!
“For anyone out there looking for a 'Worker's Comp attorney,' look no further. Robert Davis is the man you want on the case. Robert truly cares for his clients; he will help you through the tough times, with a no-nonsense approach to your situation. Robert is a good man that never leaves any doubt in your mind and always makes you feel like he is the best man for the job.”
Francisco P. Hayward, CA -
Exceptional Customer Service
“I would recommend Pacific Workers' Compensation Law Center to my family and friends. I was so blessed to talk with AlMarie in March 2018 after receiving horrible service from another attorney's office. AlMarie took the time to talk to me and give me the information that I needed. Lauren and Alex are super great, and I feel I made a good decision for the law center to represent me. I received my packet with great information, resources, and how to communicate and contact the team who will be assisting me and working on my case.”
T. Davis Addison San Leandro, CA -
Jason exuded complete confidence in my case & really understood what I went through!
“My attorney Jason Insdorf exuded complete confidence in my case and made me feel like he really understood what I've been through (didn't hurt to read about his extensive credentials and expertise specific to my case). Karla Ortega made me feel at ease, listening intently when I explained details dating back 12+ years. Also, I was very impressed by the compassion, communication, and overall professionalism.”
Matthew U. Modesto, CA -
Pacific Workers' Compensation helped me get the justice I deserved!
“It was my first injury at a job and I did not know what to do. I did not know if my rights as an employee were being met. So, I was able to call to ask Pacific Workers' Compensation about my injury that occurred and what were my rights as an employee. They were able to help me get justice.”
Victoria M. Santa Cruz, CA -
After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.
“My caseworker is amazing. She is quick to respond to my messages and concerns. Before contacting Pacific Worker's Compensation, I was getting the run around with my doctors and worker's compensation insurance for my employer. After Pacific Worker's Compensation started handling my case, I started getting the respect of an injured worker and not just a number.”
Brandy L. Fairfield, CA -
Bilal is always kind, professional, compassionate and explains everything thoroughly!
“Bilal Kassem is the nicest attorney a person dealing with a workers compensation mess can ask for. Always kind, professional, compassionate, and explains everything clearly.”
Emi B. Vallejo, CA -
They were a headache & stress rellief!
“Kiki was such a help. She works with Robert Davis. After dealing with the ins Co and there run around, blood pressure tossing, I turned my case one to PWC. No more headaches, no stressing, just relief. Thank you, Kiki and Robert & Pacific Workers Compensation.”
Debra McLaughlin Benicia, CA
