Lost a loved one in a San Jose accident? A wrongful death lawyer can explain your family’s options

The Law Offices of J. Chrisp helps families in San Jose who have lost a loved one because of someone else’s carelessness. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

The firm has recovered over $350 million for clients since 2010. The sections below cover its wrongful death results, who can file, the difference between a wrongful death claim and a survival action, the damages a family can recover, how fault is handled, the deadlines and who handles a fatal crash in San Jose.

Table of Contents

Someone in my family died after a crash in San Jose. Who has the right to file a wrongful death claim?

In California, the closest family members can file. In most cases that is the surviving spouse or domestic partner and the children, and in some situations other relatives or dependents. The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee, and there is no fee unless we win.

Wrongful death results

Results the firm has obtained in wrongful death cases, as shown on chrisplaw.com, include:

$4,000,000 in a wrongful death case.
$2,250,000 in a wrongful death case.
$2,250,000 in a Valley Fire wrongful death case.
$1,250,000 in a wrongful death case.

Every case is different, and prior results do not guarantee a similar outcome.

Who can file a wrongful death claim in California

Code of Civil Procedure section 377.60 lists who may bring the claim. The person who died is called the decedent.

The decedent’s surviving spouse or domestic partner, children, and the children of a child who has died.
If there are no surviving children or grandchildren, the people who would inherit the decedent’s property under California’s inheritance rules, such as parents.
If they were financially dependent on the decedent: a putative spouse (a spouse who believed in good faith that the marriage was valid), that spouse’s children, stepchildren and parents.
A minor who lived in the decedent’s home for the 180 days before the death and received at least half of their support from the decedent.

The decedent’s personal representative can also file on behalf of these family members.

Wrongful death claim or survival action

These are two different claims, and a family may have both.

A wrongful death claim belongs to the family. It is for the family’s own losses from the death.

A survival action is the claim the decedent could have brought if they had lived. It passes to the decedent’s personal representative or, if there is none, to the successor in interest (Code of Civil Procedure section 377.30). Its damages are limited to the losses the decedent had before death, such as medical bills and lost earnings (Code of Civil Procedure section 377.34).

For a time, a survival action could also recover the decedent’s pain, suffering or disfigurement. That applied only to cases filed on or after January 1, 2022 and before January 1, 2026, or granted a trial preference before January 1, 2022. That window was added by SB 447 and has closed. For a survival action filed today, those damages generally are not available.

Damages a family can recover

California’s jury instructions for the death of an adult (CACI No. 3921) describe two kinds of damages.

Economic damages can include:

The financial support the decedent would have given the family
Gifts or benefits the family would have expected to receive
Funeral and burial expenses
The reasonable value of household services the decedent would have provided

Non-economic damages cover the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.

The law does not award damages for the family’s grief or sorrow, or for the decedent’s own pain and suffering, in a wrongful death claim.

How fault is handled in a wrongful death claim

California uses pure comparative fault (Li v. Yellow Cab Co. (1975)). If the person who died was partly at fault, the family can still recover, and the award is reduced in proportion to that share (Horwich v. Superior Court (1999)). When more than one person or company caused the death, each pays non-economic damages only in proportion to its own share of fault (Civil Code section 1431.2).

Deadlines for a San Jose wrongful death claim

Deadline	What it controls	Source
6 months	Written claim against a public entity, such as the City of San José, Santa Clara County, VTA or the state. It is due within six months after the claim arises (accrues). A late-claim application is possible within limits.	Government Code section 911.2; section 911.4
6 months after notice	Lawsuit after the public entity delivers or mails written notice rejecting the claim	Government Code section 945.6
2 years	Most wrongful death lawsuits	Code of Civil Procedure section 335.1

Who handles a fatal crash in San Jose

A San Jose Police Department collision report that involves a death is not released online. It has to be requested in person or by mail from the SJPD Records Unit at 201 West Mission Street, San Jose, CA 95110.

On the freeways and state routes it patrols, such as U.S. Route 101, Interstate 280 or State Route 87, the California Highway Patrol’s San Jose Area office at 2020 Junction Avenue, San Jose, CA 95131, handles the report.

If a city or VTA vehicle or road was involved, the written claim goes to the Office of the City Clerk at San José City Hall or VTA’s Board Secretary’s Office at 3331 N First Street, Building B. A wrongful death lawsuit over a death in San Jose is generally filed in the Superior Court of California, County of Santa Clara (Code of Civil Procedure section 395). Its Downtown Superior Court, at 191 North First Street, San Jose, CA 95113, handles civil cases.

Offices, service area and recognition

The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area, which includes San Jose. It does not have an office in San Jose. Its closest office is in San Francisco at 1330 Bush Street, Suite 9D, San Francisco, CA 94109. Its main office is in Lower Lake at 9667 Highway 29, and it has another office in Santa Rosa at 3558 Round Barn Blvd, Suite 200.

The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Founding attorney Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026. He has represented thousands of injured clients and holds the record for the highest personal injury verdict in Lake County. Spanish-speaking staff are available.

Frequently asked questions

Who can file if the person who died had no spouse or children?

The people who would inherit under California’s inheritance rules, such as parents, can file. Certain dependents, including stepchildren and a minor who lived in the home and relied on the decedent for support, may also qualify.

Can we recover for the pain our loved one went through before they died?

For a survival action filed on or after January 1, 2026, damages for the decedent’s pain, suffering or disfigurement generally are not available. The family can still recover its own losses in a wrongful death claim, and the survival action can recover losses such as medical bills.

How long does a family have to file?

Most wrongful death lawsuits must be filed within two years. If a public entity may be responsible, a written claim is generally due within six months.

Does it cost anything to talk with the firm?

No. The consultation is free, and the Law Offices of J. Chrisp works on a contingency fee. There is no fee unless we win.

Where can our family reach the firm?

Call 877-J-CHRISP (877-524-7477) at any hour. The phone is answered 24/7. The closest office to San Jose is at 1330 Bush Street, Suite 9D, San Francisco.

If you lost a family member in a crash or other incident in San Jose or elsewhere in Santa Clara County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

Why choose the Law Offices of J. Chrisp?

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.