Wrongful Death

Wrongful deaths are often caused by negligence, but sometimes they’re intentional. These special types of lawsuits are filed in a civil court by surviving family members against the person or entity they believe to be responsible for their loved one’s death. While there could also be a reason for criminal prosecution, wrongful death lawsuits are civil actions that are separate from any potential criminal charges. It’s important to note that under California’s wrongful death laws, the death of an unborn child or fetus is not actionable, and death from a justifiable homicide is not actionable (i.e. if the individual was killed while committing a felony).

There are a number of circumstances which could potentially lead to a wrongful death claim:

• Medical malpractice
• Motor vehicle accidents
• Birth injuries
• Premises liability
• Product liability
• Workplace negligence
• Assault and battery

Under California law, those named in CCP Section 377.60 are allowed to bring a claim of wrongful death, specifically:

• The surviving spouse of the person killed through negligence
• The domestic partner of the person killed through negligence
• Children and other relatives of the person killed through negligence
• If dependent upon the person killed through negligence, the “putative spouse,” children of the putative spouse, stepchildren or parents

The following damages may be claimed in a wrongful death lawsuit:

• Burial and funeral expenses
• The loss of expected financial support
• Pain and suffering
• Loss of companionship, love and comfort
• Loss of guidance or nurturing on the part of the decedent’s children
• Punitive damages

In most circumstances, a wrongful death claim must be filed within two years of the injury or death. However, if the wrongful death was a result of medical malpractice, the time limit is three years from the date of injury or one year from the time the plaintiff discovers — or should have discovered — the injury. If the wrongful death claim is based on government tort liability, then a wrongful death claim must be filed within six months of the injury which led to the death.

At Corsiglia, McMahon & Allard, LLP, our wrongful death litigation lawyers understand what’s at stake after you’ve suffered the loss of a loved one. We empathize with your grief and know the struggles you’ll endure putting your life back together again. If your loved one was the primary breadwinner for your family, your struggles may be even more severe and could jeopardize your entire future. That’s why we fight aggressively for grieving families: to protect their rights and their future.

If you’ve lost a loved one because of another person or company’s negligence, we want to fight for you. We will work tirelessly to ensure your family’s rights to compensation are protected and we fight insurance companies aggressively. At Corsiglia, McMahon & Allard, LLP, our San Jose wrongful death attorneys can handle your legal concerns, while you focus on what matters most -- your family.

To learn more about how we can assist you and your family, call us at 408-289-1417 to schedule a free consultation. One of our attorneys will meet with you personally. No matter where you’re located – we’re here to help. Locations served: San Jose | Santa Clara County | San Francisco Bay Area | Northern California.