Best Wrongful Death Lawyers in San Mateo

About Wrongful Death Law in San Mateo, United States

Wrongful death law allows surviving family members or representatives of a deceased person's estate to seek compensation when a death is caused by the negligence or wrongful act of another party. In San Mateo, which is located within San Mateo County in California, wrongful death cases can include a wide range of tragic incidents, from car accidents and workplace injuries to medical malpractice and defective products. These cases are civil, not criminal, and aim to provide financial relief and a sense of justice for those left behind.

Why You May Need a Lawyer

Wrongful death cases can be emotionally taxing and legally complex. A knowledgeable attorney can help families navigate the legal system, investigate the circumstances surrounding the death, and deal with insurance companies or opposing parties. You may need a lawyer if:

• The death was due to a car, truck, or motorcycle accident caused by another driver
• Medical negligence or malpractice contributed to the fatality
• A loved one died as a result of a workplace accident or unsafe conditions
• A defective product or dangerous property led to the death
• There are disputes among surviving family members about who can file a claim
• You are unsure what compensation is available or how to calculate damages
• Insurance companies are offering a settlement that seems inadequate
• The responsible party is denying liability or blaming your loved one

A lawyer can provide guidance on local laws, protect your rights, and help achieve the best possible outcome.

Local Laws Overview

Wrongful death cases in San Mateo are governed by California's wrongful death statutes, found in the California Code of Civil Procedure sections 377.60 to 377.62. Key points include:

• Who can file: Surviving spouses, domestic partners, children, or other dependents may bring a claim
• Time limits: You must usually file a wrongful death claim within two years from the date of the person's death
• Damages: Possible compensation includes funeral expenses, lost financial support, loss of companionship, and more
• Burdens of proof: The claimant must prove that another party's wrongful act or negligence directly caused the death
• Comparative fault: If the deceased person was partially at fault, compensation may be reduced but not necessarily barred

Understanding these legal specifics is crucial for building a strong wrongful death case in San Mateo.

Frequently Asked Questions

What qualifies as a wrongful death case?

A wrongful death case arises when a person's death is caused by someone else's negligence, recklessness, or intentional act, and the surviving family or estate members seek compensation.

Who can file a wrongful death suit in San Mateo?

Eligible parties typically include the deceased person's spouse, domestic partner, children, and, in some cases, other dependents or those entitled to the deceased's property by California law.

How long do I have to file a wrongful death claim?

California law generally requires that wrongful death claims be filed within two years of the date of the person's death.

What types of damages can be recovered?

Possible damages include funeral and burial costs, lost income and benefits, loss of companionship, and emotional suffering.

Do I need to prove someone was at fault?

Yes, you must prove that another party's negligence or intentional act directly caused your loved one's death.

Can a claim be filed if the deceased was partially at fault?

Yes, but any compensation awarded may be reduced according to the percentage of fault attributed to the deceased.

Will the case go to trial?

Many wrongful death cases are settled out of court, but if a fair settlement is not reached, the case may proceed to trial.

How are wrongful death settlements distributed?

Settlements are generally divided among eligible family members. The exact distribution can depend on several factors, including relationships to the deceased and financial dependency.

What costs are involved in hiring a lawyer?

Most wrongful death lawyers in San Mateo work on a contingency fee basis, meaning you pay legal fees only if they successfully recover compensation for you.

What should I do if I suspect my loved one Was the victim of wrongful death?

Gather all available records and evidence, avoid speaking with insurance companies directly, and consult an experienced wrongful death attorney in San Mateo as soon as possible.

Additional Resources

• San Mateo County Superior Court - Civil Division: Handles civil cases, including wrongful death lawsuits
• California Department of Justice Victims Services Unit: Offers support and guidance for crime victims and their families
• California State Bar: Provides referrals to licensed wrongful death attorneys
• Legal Aid Society of San Mateo County: Offers legal assistance and resources to eligible families
• Hospice agencies and counseling services: Can help with grief support

Next Steps

If you believe you have a wrongful death case in San Mateo, consider the following steps:

1. Document all facts, records, and correspondence related to your loved one’s death
2. List potential witnesses and keep any relevant evidence safe
3. Contact a reputable wrongful death attorney in San Mateo as soon as possible to discuss your case and evaluate your options
4. Avoid communicating with insurance companies or accepting settlements without legal advice
5. Take care of your emotional wellbeing and seek support when needed

An experienced local attorney can help you understand your rights, guide you through the legal process, and work toward the resolution you deserve.