San Jose Wrongful Death Lawyer Larry H. Parker

San Jose Wrongful Death Lawyer

Losing someone you love because of someone else’s negligence feels unfair and overwhelming. No person should suffer the consequences of another individual’s wrongful actions, yet it happens.

While nothing can bring your loved one back, seeking justice can bring accountability and help secure your family’s financial future. A wrongful death claim ensures that liable parties are held accountable for their actions so that no other family has to endure the same pain.

At The Law Offices of Larry H. Parker, our San Jose wrongful death attorneys are here to shoulder the legal burden while you focus on healing. We fight for your loved one’s legacy and the justice your family deserves.

Call us today at 562-573-6307 or fill out our contact form for a free consultation.

Why Families in San Jose Trust Us to Fight for Their Loved Ones

When a loved one’s life is cut short due to negligence or recklessness, grief is often mixed with anger and frustration. They didn’t deserve this, and neither did your family. We understand the depth of your pain and take action to help you find justice.

Your Family Is Our Priority – From the moment you call us, we provide compassionate guidance and aggressive legal representation to protect your rights.
Fighting for Their Legacy – Your loved one’s life mattered. We listen to your story, honor their memory, and seek the justice they deserve.
No Upfront Costs, No-Risk – Legal fees shouldn’t be another burden on your shoulders. You pay nothing unless we win.
Support Any Way You Want– Whether you prefer in-person meetings in California or virtual consultations, we’re here whenever you’re ready.
Proven Results – With over 100,000 cases won and $2 billion+ recovered, we have the experience, resources, and dedication to take on even the most complex wrongful death cases.

Wrongful Death Attorneys Near Me

Larry H. Parker – San Jose, CA Office
Address: 2880 Zanker Rd Suite 203, San Jose, CA 95134, United States
Get your Free Consultation Today: +14088989510

Why You Need a Wrongful Death Lawyer in San Jose, CA

Losing a loved one is unbearable, and unfortunately, the financial toll that follows only makes things more complicated. Medical bills, funeral costs, and the loss of income can put enormous strain on your family. You shouldn’t have to fight for justice alone.

A wrongful death claim ensures that the responsible party is held accountable and that your family receives the financial support you need to move forward. However, remember that even in this challenging time, insurance companies are not on your side. They’ll try to minimize your loss, delay payments, or deny your claim altogether.

That’s why it is essential to hire lawyers for wrongful deaths like us. Our wrongful death lawyers in San Jose, CA, handle every legal detail so you can focus on healing and remembering your loved one.

Here’s what law firms for wrongful deaths like ours do to ensure you get justice for your loved one’s death:

Taking the Legal Burden Off Your Shoulders – Wrongful death cases involve complex investigations, expert testimony, and legal complications. To ensure all is handled efficiently and professionally, wrongful death accident lawyers handle everything, from filing paperwork to negotiating with insurers—so you don’t have to.
Fighting for the Full Compensation You Deserve – Insurance companies will never offer you the true value of your claim upfront. Instead, they will focus on the current and tangible damages. Attorneys for wrongful deaths can calculate the total impact of your loss to ensure you are fairly compensated for your loss.
Negotiating with Insurance Companies – Insurers will use every trick to deny or reduce your claim. Your legal team will fight back aggressively with solid evidence and expert witnesses to prove your case.
Giving You Space and Time to Grieve – The last thing you need is to battle an insurance company. We take that burden off your shoulders so you can focus on your family.
Taking Your Case to Court If Necessary – Many wrongful death cases are settled outside court. However, if the situation becomes complicated, accidental death lawyers are not afraid to take your case to trial.
No Fees Unless We Win – Justice should never be out of reach. You pay nothing upfront and owe law firms for wrongful deaths like us nothing unless we win.

Let us fight for you. Call 562-573-6307 today for a free, no-obligation consultation.

What Is a Wrongful Death Claim?

If a loved one’s death results from another party’s wrongful actions and could have been prevented, it is considered a wrongful death. In these tragic situations, your family can seek compensation for the loss to hold the responsible party accountable by filing a wrongful death claim.

Proving the Elements of a Wrongful Death Case

To hold the at-fault party accountable, you need to prove four critical elements in your case:

Did They Have a Duty to Keep Your Loved One Safe?

Everyone has a legal responsibility to avoid actions that could put others in harm’s way. For example, all drivers must follow traffic laws to prevent accidents. The first step in your case is proving that the responsible party owed your loved one a duty of care.

Did Their Negligence Lead to the Fatal Accident?

Negligence happens when someone fails to uphold their responsibility, putting others at risk. For instance, a drunk driver’s actions can be seen as negligence since no reasonable person would drink and drive, knowing this can endanger them and others.

If their reckless behavior led to your loved one’s passing, it could be considered a breach of duty.

Can You Link Their Actions to the Death?

Apart from proving negligence, you must show a direct connection between their actions and your loved one’s death. In this case, you must have evidence, such as police reports, witness statements, and a death certificate, to demonstrate the connection.

How Has Your Family Been Impacted?

A wrongful death claim must prove how this loss has affected those left behind. This includes both financial and emotional losses, such as:

Medical bills and funeral costs
Lost income and future financial support
The immeasurable loss of companionship, guidance, and love

While no amount of money can replace your loved one, securing compensation can help ease the financial burden and hold the responsible party accountable.

What Is the Difference Between Wrongful Death and Survival Actions? Can I File Both?

When seeking justice, you may come across two legal options:

Wrongful Death Claims – compensates the family for their loss, including:

Emotional pain and suffering
Lost financial support and income
Funeral and burial expenses
Loss of love, companionship, and guidance

Survival Actions – Unlike wrongful death claims, a survival action is filed on behalf of the deceased’s estate and focuses on the damages the victim suffered before their passing. Compensation may include:

Medical expenses incurred before death
Lost wages between the accident and their passing
The pain and suffering they endured

One compensates the family’s loss, while the other ensures the victim’s suffering is not ignored. If you work with a competent accidental death lawyer, they will file both types of claims so your family can receive the full compensation you deserve.

Who Is Eligible to File a Wrongful Death Claim in San Jose, CA?

Under California Civil Code § 377.60, the following individuals may file a wrongful death lawsuit:

Spouse – The deceased’s legally married partner
Children – Biological or legally adopted children
Parents – If there is no surviving spouse or child
Siblings – If no direct family members remain
Legal Heirs – If no immediate relatives exist, individuals entitled to the estate may file

Domestic partners, financial dependents, or stepchildren may also be eligible in some cases. If you’re unsure about your rights, our San Jose wrongful death lawyers can clarify your legal options.

What Damages Can I Include in a Wrongful Death Settlement?

While no amount of money can replace your loved one, a wrongful death claim can provide financial stability and hold the responsible party accountable. When determining the total settlement value, you must ensure that the following losses are included, if applicable to your case:

Medical Bills – Any medical treatment received before their passing
Funeral and Burial Costs – All expenses related to their final arrangements
Lost Wages and Future Income – The financial support they would have provided
Loss of Companionship – The emotional toll of losing a loved one
Pain and Suffering – The trauma caused by their wrongful death
Punitive Damages – Additional compensation if the at-fault party acted recklessly or maliciously

Unlike medical bills or lost wages, there’s no receipt for emotional distress. Our experienced wrongful death attorneys know how to calculate the full impact of your loss, and we fight for every dollar you deserve.

How Long Do I Have to File a Wrongful Death Lawsuit in California?

California law gives you two years from the date of your loved one’s passing to file a wrongful death lawsuit. Missing this deadline could mean losing your right to seek compensation.

Every case is different, and waiting too long could jeopardize your claim. Instead of a trial-and-error strategy, it is best to have a legal team that can manage all legalities and ensure no time is wasted.

Will Insurance Cover My Loved One’s Wrongful Death?

Yes, insurance can cover wrongful death, but it depends on the type of insurance policy and the circumstances of the accident. Here are some common types of insurance that may apply in a wrongful death case:

Types of Insurance That May Cover a Wrongful Death Claim

Auto Insurance – If a reckless driver caused the crash that took your loved one’s life, their liability insurance should cover the damages. However, your uninsured motorist coverage may step in if they are uninsured or underinsured.
Homeowners or Renters Insurance – If your loved one suffered a fatal injury on someone else’s property, whether from a fall, drowning, or dog attack, the property owner’s insurance could cover your loss.
Medical Malpractice Insurance – When a doctor’s mistake or a hospital’s negligence leads to a preventable death, their malpractice insurance should be held accountable. But these cases are challenging, and insurers often fight hard to deny claims.
Workers’ Compensation Death Benefits – If your loved one lost their life in a workplace accident, workers’ comp may cover funeral costs and lost financial support. But if an employer’s negligence played a role, a wrongful death lawsuit could help you recover even more.
Business or General Liability Insurance – If a company’s negligence led to your loved one’s passing, whether from unsafe conditions, a defective product, or an accident on their premises, their liability insurance should pay.

Unfortunately, insurance companies are profit-driven businesses, not compassionate supporters. Many policies won’t cover punitive damages or the pain and suffering your loved one endured before passing. And even when they should pay, they often offer far less than you deserve.

What If the Insurance Company Won’t Pay Enough?

Insurers use delay tactics, lowball offers, and fine-print loopholes to protect their bottom line. If the insurance refuses to pay fair compensation, the next step is to take your case to court to seek full justice for your loss.

That’s why having a relentless wrongful death attorney in San Jose, CA, is critical. We know their tricks and won’t let them take advantage of you in your most vulnerable moment.

Compassionate Legal Support After a San Jose Wrongful Death

At The Law Offices of Larry H. Parker, we understand the overwhelming grief and frustration that come with wrongful death cases. Our San Jose wrongful death attorneys are here to lift the legal weight off your shoulders, handling everything from insurance claims to litigation if necessary so you can focus on healing.

With our contingency fee structure, you won’t owe us anything unless we win your case. Your family’s well-being is our priority, and we’re ready to fight for the justice and compensation you deserve.

Call us today for a free, compassionate consultation. Let us stand by your side and fight for your loved one’s legacy.

San Jose Wrongful Death Lawyer Larry H. Parker