Wrongful Death in San Jose. California law, local courts, and the specific deadlines that apply here.

Under Code of Civil Procedure section 377.60, the decedent's surviving spouse, domestic partner, children, and the issue of deceased children have standing to bring a wrongful death claim in San Jose. If there are no surviving spouse, domestic partner, or children, persons entitled to inherit under intestate succession may file. Financial dependents who were not intestate heirs may also have standing if they can establish financial dependency on the decedent.

The statute of limitations for a wrongful death claim in San Jose is two years from the date of death under CCP section 335.1 — measured from the death date, not the accident date. Claims against the City of San Jose, VTA, or Santa Clara County require a government tort claim within six months of death under Government Code section 945.4. Missing either deadline permanently bars the claim.

Heirs in a San Jose wrongful death case can recover the present value of the financial support the decedent would have provided, the monetary value of household services, funeral and burial expenses, and non-economic damages including loss of love, companionship, affection, guidance, and moral support. California does not cap non-economic damages for private party defendants. Government entity defendants are subject to a $250,000 non-economic cap under Government Code section 985.