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:

1. Duty of Care: The responsible party had a duty to ensure the safety of the deceased.
2. Breach of Duty: The responsible party failed to uphold that duty through negligence or misconduct.
3. Causation: The breach directly led to the worker’s death.
4. 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.

Is a wrongful death claim the same as a workers’ compensation death benefit claim?

No. A workers’ compensation death benefit claim is handled through your employer’s insurance system and provides limited benefits. A wrongful death claim, on the other hand, can be filed against negligent third parties to recover broader compensation for your losses.

How do I know if my loved one’s death qualifies as wrongful death?

If the fatal accident occurred due to someone else’s negligence, carelessness, or violation of safety standards, it may qualify as wrongful death. Our attorneys can investigate the circumstances and determine whether a claim is appropriate.

Can I pursue both workers’ compensation and a wrongful death lawsuit?

In many cases, yes. If a third party (such as a subcontractor, manufacturer, or property owner) played a role in your loved one’s death, you may be eligible to file both a workers’ comp claim and a separate wrongful death lawsuit.

What evidence is needed to support a wrongful death case?

Key evidence may include accident reports, witness statements, safety inspection records, photographs, video footage, and expert testimony. Our legal team will gather and present all necessary documentation to build your case.

How long does a wrongful death case take to resolve?

The duration depends on the complexity of the case and whether it is settled out of court or goes to trial. Some cases may resolve in months, while others take over a year. Our attorneys will keep you informed and work diligently for a timely resolution.

What if the employer claims the death was an unavoidable accident?

Even if an employer argues that the death was unavoidable, a detailed investigation may reveal negligence or safety violations. Our San Jose fatal work accident lawyers work with accident reconstruction experts to uncover the truth and hold responsible parties accountable.

Will I have to go to court?

Not necessarily. Many wrongful death claims are settled through negotiation. However, if the opposing party refuses to offer a fair settlement, our firm is fully prepared to take your case to trial.

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.