This page provides general legal information about wrongful death claims in San Jose, California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Wrongful Death in San Jose
When negligence kills someone in California, surviving family members may bring a wrongful death action under Code of Civil Procedure Section 377.60. The wrongful death action compensates surviving heirs for their own losses — financial sup
San Jose has silicon valley's primary court for personal injury litigation; tech campus and commuter accident exposure; vta and caltrain transit accidents; workplace injury from tech sector operations. Wrongful Death incidents in San Jose are litigated in Santa Clara County Superior Court under California's pure comparative fault system, the two-year statute of limitations under CCP Section 335.1, and California's uncapped damages framework for non-malpractice personal injury claims.
California Law for Wrongful Death Claims in San Jose
All wrongful death claims from San Jose are governed by California tort law: pure comparative fault (Li v. Yellow Cab Co., 1975); two-year statute of limitations (CCP Section 335.1); six-month Government Claims Act deadline for government entity defendants (Government Code Section 945.4); MICRA caps if medical malpractice is involved; and uncapped economic and non-economic damages for all other personal injury categories.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." — Applies to wrongful death claims in San Jose filed in Santa Clara County Superior Court.
Courts in San Jose: Filing a Wrongful Death Lawsuit
Santa Clara County Superior Court at Downtown Superior Court, 191 N First St, San Jose, CA 95113. Government entity claims require a six-month administrative claim under Government Code Section 945.4. Standard cases must be filed within two years of the injury under CCP Section 335.1. Cases valued above $35,000 are unlimited civil cases filed in the civil department.
Immediate Steps After a Wrongful Death in San Jose
- Seek same-day medical evaluation — Medical records tying injuries to the incident are the foundation of every personal injury claim
- Obtain a police or incident report — Official documentation of the event and all parties involved
- Photograph everything — The scene, your injuries, any defective condition or equipment, and all vehicle damage
- Collect witness information — Names and contact information for all persons who saw what happened
- Note any government involvement — City vehicles, Caltrans roads, public property — triggers the six-month Government Claims Act deadline
- Consult a California attorney — Do not provide a recorded statement to the opposing insurer without legal advice
Other Personal Injury Types in San Jose
Frequently Asked Questions — Wrongful Death in San Jose
What should I do immediately after a wrongful death in San Jose?
Seek emergency medical evaluation the same day — even if you feel uninjured, some injuries develop later and same-day medical records are critical evidence. Call 911 and obtain an incident or police report. Photograph the scene, injuries, and any relevant evidence. Collect the names and contact information of all witnesses. Do not provide a recorded statement to the opposing party's insurer without first consulting a California attorney.
Which court handles wrongful death cases in San Jose?
Personal injury civil cases from San Jose are filed in Santa Clara County Superior Court at Downtown Superior Court, 191 N First St, San Jose, CA 95113. Claims against the City of San Jose, Santa Clara County, or state entities require a written administrative claim within six months under Government Code Section 945.4 before any lawsuit.
How long do I have to file a wrongful death claim in San Jose?
Two years from the date of injury under CCP Section 335.1 for most personal injury claims. Medical malpractice: one year from discovery or three years from the act. Government entity claims: six months under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352.
Can I recover if I was partly at fault in my wrongful death in San Jose?
Yes. California's pure comparative fault from Li v. Yellow Cab Co. (1975) applies throughout California, including San Jose. Recovery is reduced proportionally by your fault percentage but never eliminated. Even a victim found 40% at fault recovers 60% of total damages.
What damages can I recover after a wrongful death in San Jose?
All medical expenses, lost wages, lost earning capacity, property damage, and non-economic damages (pain, suffering, emotional distress, disfigurement) — uncapped in California non-malpractice personal injury cases. Punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 in 2026.
What if a government entity caused my wrongful death in San Jose?
Claims against the City of San Jose, Santa Clara County, Caltrans, or other government entities require a written administrative claim within six months of the injury under Government Code Section 945.4. This deadline is jurisdictional — missing it permanently bars the government entity claim regardless of how much time remains on the general two-year personal injury deadline.