Losing a family member because of someone else’s negligence is not something any amount of legal explanation makes easier. If you’re here, you’re likely trying to understand two things: whether you have the right to bring a claim, and what that claim could recover for your family.
California law gives certain family members the right to file a wrongful death claim, and that right depends on your specific relationship to the person who died. James Hann can walk you through where you stand and what a claim would involve, starting with a free consultation.
Hann Law Firm’s personal injury practice in San Jose includes wrongful death claims arising from car crashes and other preventable harm.
Who Can File a Wrongful Death Claim in California?
California law does not let just anyone in a family file a wrongful death claim. Code of Civil Procedure 377.60 sets a specific order of who has standing to bring one.
A surviving spouse, domestic partner, or children (including a deceased child’s own children) hold the first right to file. If none of them exist, the right passes to whoever would inherit under California’s intestate succession rules. Beyond that, a putative spouse or that spouse’s children, and then stepchildren or parents, can qualify, but only if they can show they depended on the person who died.
If you’re unsure where you fall in that order, that’s a normal question, and it’s the first thing James Hann sorts out in a free consultation.
Wrongful Death Claim or Survival Action?
California recognizes two separate legal claims after a fatal accident, and it helps to understand the difference early. A wrongful death claim, under Code of Civil Procedure 377.60, belongs to the surviving family and compensates them for their own losses, including lost financial support and lost companionship.
A survival action, under Code of Civil Procedure 377.30, is different. It belongs to the deceased person’s estate and covers what they personally could have claimed had they lived, medical bills and lost income up to the date of death. A personal representative or successor-in-interest brings this claim on the estate’s behalf. Both claims can be filed together in the same lawsuit, but they compensate different people for different losses.
One note worth knowing: a California law that had allowed survival actions to recover the decedent’s own pain-and-suffering damages expired at the end of 2025. For cases filed from January 1, 2026 forward, that particular category is no longer available in a survival action, though it doesn’t affect the wrongful death claim itself or the other categories of damages your family may be able to recover. James Hann can explain exactly how this applies to your situation.
What Compensation May Be Available
A wrongful death claim can cover several distinct categories of loss. What applies to your family depends on the specifics of your case.
- Funeral and burial expenses already paid or owed
- The financial support your loved one would have provided going forward, measured against their expected working years
- Loss of the companionship, guidance, and household support your loved one provided, often the largest single category in a wrongful death award
James Hann calculates these categories using your family’s actual circumstances rather than a generic formula, and explains up front what a claim in your situation is realistically likely to include.
You Have Time, But the Clock Is Not the Same for Everyone
In most cases, your family has until two years after the date of death to file a wrongful death lawsuit in California. If a government agency may share responsibility, for example because of a city vehicle or an unsafe public roadway, that timeline is far shorter: a claim usually has to be filed with the agency within six months.
A few situations can extend these deadlines, including cases where the cause of death wasn’t immediately clear, or where a minor beneficiary is involved. You don’t need to work out which rule applies to your family on your own. James Hann can review your situation and explain, without pressure, what your timeline looks like.
Talk to James Hann About Your Family’s Situation
If your family is trying to decide whether to pursue a wrongful death claim, James Hann is available to talk it through at (408) 755-9793, in a free consultation. If the death resulted from a car crash, the firm’s car accident practice in San Jose, CA handles that side of the case as well.
FAQs
Here are common questions James Hann hears about wrongful death cases in San Jose, California.
How Are Wrongful Death Settlements Calculated?
Every calculation of a wrongful death settlement case happens slightly differently. These numbers depend on everything from the age of the person killed during an accident to their annual income at the time of their death.
How Long Does a Wrongful Death Lawsuit Take?
It depends mainly on how quickly liability becomes clear and whether the case settles or proceeds to trial. James Hann can give you a realistic estimate once he understands the specifics of your case.
What is the Wrongful Death Statute of Limitations in California?
Your family generally has 2 years from the date of death to file. That deadline can be shorter if a government entity is involved, or longer in a few specific circumstances. James Hann can confirm which deadline applies to your case.
Areas of Law Practice in San Jose, CA at Hann Law Firm
At Hann Law Firm, we focus on several areas of law practice. Our Law Firm in San Jose, CA grounds its work in careful preparation and clear communication across all the areas we serve.
Personal Injury Lawyer in San Jose, CA
Slip and Fall Lawyer in San Jose, CA
Motorcycle Accident Lawyer in San Jose, CA
Family Lawyer in San Jose, CA
Divorce Lawyer in San Jose, CA
Child Custody Lawyer in San Jose, CA
Criminal Lawyer in San Jose, CA
Civil Lawyer in San Jose, CA