San Jose Wrongful Death Attorney


San Jose is an ever-growing hotbed of innovation and cutting-edge technology. In this bustling Bay Area city, things don’t always go as planned. Equipment malfunctions, intoxicated people get behind the wheel of a vehicle, and companies fail to follow safety best practices. When people lose their lives in tragic and preventable accidents, Walkup, Melodia, Kelly & Schoenberger represents surviving family members in wrongful death lawsuits. Speak with one of our San Jose wrongful death attorneys during a free consultation today. Call us at (415) 889-2919 or fill out an online contact form.

Why File a Wrongful Death Claim?

Losing a loved one is never easy, but knowing a death was preventable can feel unbearable. As you grieve and move through the probate process (if applicable), consider the merits of a wrongful death lawsuit. Survivors of preventable fatal accidents have a right to compensation under California laws.

Who Can File a Wrongful Death Claim?

Under current laws, surviving spouses and surviving children can file wrongful death claims against the persons responsible for a loved one’s death. If the deceased individual does not have a primary survivor or domestic partner, a parent, sibling, stepchild, or another financial dependent may file the death claim. In successful wrongful death cases, financial compensation may go to the estate and qualifying family members.

A hand putting flowers on a grave with the text "San Jose Wrongful Death Attorney" superimposed

Why Hire a Wrongful Death Attorney?

The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger can help you at every stage of the claim from identifying other survivors, to calculating a settlement request. We work with financial experts to determine the total extent of losses including funeral expenses, medical bills, lost income and financial support, burial expenses, lost familial services, and lost love and guidance.

If we do not receive an appropriate settlement offer outside of the courtroom, we will take your claim to trial to fight for maximum compensation. As one of the premier wrongful death law firms in Northern California, many insurance companies prefer to meet your settlement requests than to face us in court.

Why Choose Walkup, Melodia, Kelly & Schoenberger?

Our firm has time, cutting-edge resources, expertise, and legal community connections on our side. Many of our wrongful death attorneys have worked in San Jose for so long they know the judges who preside over death claims and how they run their courtrooms. Since 1959, we’ve secured numerous six and seven figure settlements and verdicts on our clients’ behalves.

In wrongful death claims, we offer compassionate support to the families we serve while delivering unflinching and compelling cases to opposing counsel. Our San Jose wrongful death lawyers have worked with surviving families to secure:

  • A $3.3 million settlement in a fatal airline crash
  • A $2.25 million settlement in a preventable child drowning case
  • A $2 million settlement in a fatal fall accident at a construction site
  • A $7.36 million verdict in a fatal car accident
  • A $5.65 million settlement in an anesthesia overdose case

We accept claims on a contingency fee basis, so any family that suffers can access high quality legal support. We will never accept legal fees unless we recover compensation for the claim.

What is a Considered a Wrongful Death?

A wrongful death claim can arise from any situation in which a person dies as a result of someone else’s recklessness or negligence. We commonly see claims from the following situations:

Schedule a Free Consultation Today

The statute of limitations for filing a wrongful death claim under normal circumstances in California is two years, starting on the date of death. San Jose enjoys an affluent and thriving economy. Many wrongdoers will try to make their poor decisions go away with low-ball settlements couched as great offers. Before you agree to any settlement terms, reach out to our San Jose personal injury attorneys for a free case evaluation. We will help you explore your legal options for recovery and calculate the recovery amount you truly deserve for your losses, as well as hold the responsible party accountable for their actions.

For more information about wrongful death claims in San Jose and legal advice during this difficult time, call our office at (415) 889-2919.

Our personal injury law firm serves clients in San Jose and all over Northern California, including Santa Clara County, the San Francisco Bay Area, Concord, Fremont, Richmond, Pleasanton, and Sacramento.