Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can endure. Beyond the grief, families are often left with financial burdens, medical bills, and the loss of future support. California law allows surviving family members to pursue compensation through a wrongful death claim, holding negligent parties accountable.
At Scher, Bassett & Hames, our San Jose wrongful death attorneys have represented families throughout the Bay Area since 1965. We understand the sensitive nature of these cases and are committed to providing compassionate, determined advocacy.
Our mission is to honor your loved one’s memory by pursuing the justice and financial security your family deserves.
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Wrongful death cases require both legal skill and compassion. Here’s why families trust our firm:
We have recovered significant settlements and verdicts for families who lost loved ones in motor vehicle crashes, workplace accidents, and other tragedies.
With more than 40 years serving San Jose and surrounding communities, we know how to build strong claims in California wrongful death cases.
We take time to listen to your family’s story, explain your rights, and tailor our strategy to your unique needs.
You pay nothing unless we win your case. This ensures families can seek justice without added financial strain.
If you believe your loved one’s death was caused by negligence, it is important to act quickly to protect your rights:
Official documentation is necessary for your case.
Keep accident reports, medical records, or witness information.
California law determines who may file a wrongful death claim, usually spouses, children, or parents.
Insurance companies may try to offer less than what your family deserves.
Early legal help ensures critical evidence is preserved and deadlines are met.
Multiple parties can be held responsible depending on the circumstances of the loss. Our attorneys investigate thoroughly to identify all sources of liability, which may include:
By pursuing all responsible parties, we aim to secure full and fair compensation for surviving family members.
California law provides compensation for both financial and emotional losses in wrongful death cases. Families may be entitled to recover:
Every case is unique. Our attorneys work with financial experts and medical professionals to calculate the true value of your family’s losses.
We provide full-service legal support during this difficult time, including:
Our focus is on protecting your family’s future while easing the legal burdens during a time of grief.
Wrongful death claims may arise in many different situations, including:
Fatal car, truck, motorcycle, and pedestrian collisions.
Falls, equipment failures, or unsafe conditions on job sites.
Preventable surgical errors, misdiagnoses, or delayed treatment.
Dangerous consumer products, machinery, or auto defects.
Fatal accidents caused by unsafe property conditions or lack of security.
Each case requires a thorough investigation to prove negligence and secure justice for your loved one.
If your family has lost a loved one due to negligence, you don’t have to face the legal process alone. Our team will fight for justice while providing the compassion and support your family needs.
Contact Scher, Bassett & Hames today for a free consultation. We proudly represent families in San Jose, Santa Clara, Sunnyvale, Cupertino, Mountain View, and across the Bay Area.
No Fees Unless We Win. Your family pays nothing unless we recover compensation on your behalf.
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In California, a wrongful death claim can be filed by the decedent’s spouse, domestic partner, children, and sometimes parents, stepchildren, or other dependents under CCP §377.60.
California law gives priority to immediate family. If no spouse or children exist, parents or other heirs may qualify. Dependency, such as financial reliance, can also establish standing. An experienced San Jose wrongful death lawyer ensures the right parties are included and claims are filed properly.
Most wrongful death claims must be filed within two years of the person’s death under California Code of Civil Procedure §335.1.
Exceptions apply: medical malpractice deaths are subject to the one-year discovery rule (CCP §340.5), while government entity claims require filing a notice within six months. Missing these deadlines can permanently bar recovery, making timely legal guidance essential.
Survivors may recover economic damages (financial support, funeral costs) and non-economic damages (loss of love, care, companionship, and guidance).
Economic damages account for lost income and household services the decedent would have provided. Non-economic damages compensate for the profound personal loss to survivors. An attorney can calculate and maximize both categories to ensure families are fairly compensated.
A wrongful death case may resolve in months if settled quickly, but contested claims can last one to three years or longer if trial is required.
The timeline depends on liability disputes, complexity of damages, insurance negotiations, and whether the case proceeds to trial. A skilled San Jose wrongful death attorney will work to resolve matters efficiently while protecting the family’s financial recovery.
A wrongful death claim compensates survivors for their own losses, while a survival action recovers damages the decedent suffered before death.
Wrongful death focuses on family members’ financial and emotional harm. A survival action, brought by the estate, seeks damages such as medical bills, lost wages, or pain and suffering before death. Both claims are often pursued together in California courts.
California has no general cap on wrongful death damages, except in medical malpractice cases where non-economic damages are capped by AB 35.
In 2025, the cap for medical malpractice wrongful death claims is $600,000, increasing annually. Other wrongful death cases have no limits on damages. Experienced lawyers in San Jose build cases to ensure full compensation across all available categories.
Most wrongful death attorneys charge contingency fees of 33% to 40%. In medical malpractice cases, fees are capped under California law.
Families pay no upfront costs. Attorneys only collect fees if the case is won. In medical malpractice, Bus. & Prof. Code §6146 sets tiered caps. Transparent fee agreements ensure survivors understand costs before pursuing their claim.
