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San Jose Wrongful Death Attorney

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Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents families in wrongful death cases throughout San Jose and Santa Clara County. A wrongful death claim arises when a person is killed by the negligence, recklessness, or wrongful act of another. The claim belongs not to the decedent, but to the surviving family members identified by California statute. It is a separate legal action from any criminal prosecution, and it proceeds on a civil standard of proof — preponderance of the evidence, not proof beyond a reasonable doubt.

Who May File a Wrongful Death Claim

Code of Civil Procedure § 377.60 identifies the persons entitled to assert a wrongful death claim. They include the decedent's surviving spouse or domestic partner, children, and issue of deceased children. If the decedent left no surviving issue, the claim may be brought by persons who would take by intestate succession — which may include the decedent's parents or siblings. Stepchildren and parents who were dependent on the decedent may also have standing under § 377.60(b). A minor who lived in the decedent's household for the 180 days preceding death and was dependent on the decedent for at least half their support may also qualify under § 377.60(c).

All wrongful death claimants with standing must be joined in a single action. The action is deemed joint, single, and indivisible — individual heirs cannot file separate suits for their individual shares of the loss.

Damages in a Wrongful Death Case

Code of Civil Procedure § 377.61 provides that damages may be awarded that, under all the circumstances of the case, may be just. California courts have defined recoverable wrongful death damages as including the pecuniary value of what the decedent would have contributed to the family — financial support, services, training and guidance, and the society and companionship of the deceased. Grief, sorrow, and emotional distress of the survivors are not recoverable in a wrongful death action, though they may be recoverable in a related survival action.

Wrongful death damages are calculated looking forward — what would the decedent have earned, contributed, and provided over the remainder of a normal life expectancy? For a working adult, this involves economic analysis of lost earnings, benefits, household services, and the value of guidance and companionship to surviving children. Punitive damages are not available in a wrongful death action under California law.

Survival Action — The Decedent's Own Claim

A wrongful death claim is distinct from a survival action under Code of Civil Procedure § 377.30. A survival action is the decedent's own personal injury claim, which survives death and may be asserted by the personal representative of the decedent's estate. Survival damages include the pre-death pain and suffering experienced by the decedent between injury and death, as well as economic losses the decedent personally suffered. In cases where the decedent survived for a period before dying — a hospital stay, a period of consciousness — the survival claim for that period of pain and suffering can be significant.

Wrongful death and survival claims are frequently asserted together in the same action, though they belong to different parties and measure different losses.

Common Causes of Wrongful Death Cases in San Jose

Wrongful death claims in San Jose arise from vehicle accidents, motorcycle and bicycle crashes, pedestrian strikes, premises liability incidents, product defects, and medical negligence. The legal framework — Civil Code § 1714(a)'s general duty of ordinary care — applies across all of these contexts. Whether the negligent act was a driver running a red light, a property owner failing to maintain a safe premises, or a product manufacturer sending a defective item to market, the wrongful death framework provides a path to accountability.

Claims Against Government Entities

Where a wrongful death arises from a dangerous condition on public property or the negligent operation of a government vehicle, a claim against the public entity must be filed with that entity under Government Code § 911.2 within six months of the date of death. Missing this deadline can potentially bar a wrongful death claim against a government defendant. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the timeline in your case.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for wrongful death claims, running from the date of death. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Wrongful death cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

Attorney Michael Rehm handles wrongful death cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

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Northern California Office & Areas Served

2121 Broadway Unit 188860 Sacramento, CA 95818 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.

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