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San Jose Wrongful Death Lawyer | Wrongful Death Attorney in San Jose

Trusted San Jose Wrongful Death Lawyers You Can Rely On

At Caputo & Van Der Walde, our attorneys understand how an unexpected loss can impact your entire family. While no amount of money can fully compensate you for the loss of a loved one, our experienced team can help you seek justice and financial relief during this difficult time. Contact us to speak with a San Jose wrongful death lawyer today.

Losing a loved one is always painful, but when someone else’s negligence or misconduct causes that loss, the grief is compounded by shock, anger, and a deep sense of injustice. During such an overwhelming time, what you need most is not just legal representation—you need compassionate advocates who understand the emotional weight of what you’re going through and are committed to helping you find answers, accountability, and some measure of peace.

At Caputo & Van Der Walde, we have stood beside grieving families in San Jose and throughout the Bay Area for decades. With nearly 70 years of combined trial experience, our attorneys are known for handling cases with empathy, integrity, and unwavering support. We are proud to be part of the greater San Jose community, and we treat every client like family because we understand the profound impact and life-changing nature of these cases.

Unlike high-volume firms that take on hundreds of cases at a time, we focus exclusively on the most serious personal injury and wrongful death claims. This focused approach means your case will never be lost in the shuffle. We limit the number of clients we serve so we can devote the time, attention, and resources necessary to pursue the justice your loved one deserves, and the compensation your family needs to move forward.

If you’ve lost a spouse, parent, child, or other close family member due to negligence, recklessness, or a preventable accident, we are here to help you hold the responsible parties accountable. Whether through negotiation or trial, we fight relentlessly for full accountability because your loved one’s life mattered, and their story deserves to be heard.

Let Caputo & Van Der Walde be your voice during this difficult time. Contact our San Jose wrongful death lawyers today for a free, confidential consultation.

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Multi-Million Dollar Advocates Forum

With over $100M+ in settlements, our firm has a proven history of success and dedication to achieving significant outcomes for our clients.
Awards and Recognitions
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How to File a Wrongful Death Claim in San Jose, CA

A wrongful death lawsuit allows surviving family members to seek compensation when a loved one has died due to another’s negligence or intentional wrongdoing. Filing a wrongful death claim in California with any injury attorney involves a structured legal process. At Caputo & Van Der Walde, we walk you through every step so you never feel overwhelmed.

Here’s a general overview of how a wrongful death case with our firm typically unfolds:

  • Determining Eligibility. First, we’ll identify who has legal standing to file the claim. This typically includes a surviving spouse, children, or domestic partner. If none are available, other dependents or close relatives may be eligible.
  • Investigating and Gathering Evidence. We immediately begin a detailed investigation to establish fault, identify liable parties, and assess damages. This includes reviewing accident reports, medical records, eyewitness accounts, and expert opinions.
  • Filing the Complaint. Once the case is fully prepared, we file a formal wrongful death lawsuit in the appropriate California court, naming the at-fault party as the defendant.
  • Negotiation and Litigation. Many wrongful death claims are resolved through negotiation, but we are fully prepared to take your case to trial if needed. Our team has a long track record of success in the courtroom.
  • Settlement or Verdict. Once the case is resolved, either through a settlement or jury verdict, your family can begin receiving compensation for your losses.

We handle the legal side of things so you can focus on your emotional recovery and the well-being of your family.

Paul Van Der Walde was referred to me by a family friend. I was getting overwhelmed in my search for a personal injury attorney as there are so many. I am incredibly grateful for the work that Mr. Van Der Walde did on my case. I never felt intimidated by the legal jargon and instead felt like family. He has great knowledge and understanding of the law. We would never have gotten the results we did without a great law firm! My case was settled outside of court. Julia, Evangelina, Shawn, and Paul Van Der Walde are a great team! It is the best decision I ever made. Thank you from the bottom of my heart.

Michelle S.

Client Testimonials

For decades, Caputo & Van Der Walde has served victims in Southern California
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At the absolute worst time in my life, after the tragic death of my 18 year old son, I was in need of a compassionate lawyer who would go after the wrongdoers and fight tooth and nail until justice was served. I found both and so much more...
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Wrongful Death

What Evidence Is Needed to Support a Wrongful Death Claim in California?

San Jose wrongful death claims require a strong foundation of evidence to succeed in court or a settlement. At Caputo & Van Der Walde, our legal team conducts a thorough investigation to build the strongest possible case. Key types of evidence we may collect include:
  • Proof of negligence: Such as police reports, traffic camera footage, or safety violation records showing the defendant’s responsibility.
  • Medical records: To establish the cause of death and the extent of injuries leading up to it.
  • Witness testimony: From those who saw the incident or can speak to the emotional and financial impact on the family.
  • Expert testimony: Including accident reconstruction experts, medical professionals, and economic analysts to calculate damages.
  • Employment and financial documentation: To demonstrate the economic contributions the decedent would have made to the family.
In a California wrongful death case, while tangible evidence like medical bills or lost income projections are key to establishing economic damages, intangible evidence can significantly increase the non-economic (general) damages, which often make up the largest part of a wrongful death award, especially in jury trials. These elements of the ā€œhuman lossā€ are crucial in demonstrating the depth of the loss, the value of the decedent’s life, and the emotional and relational impact on survivors. Impactful intangible evidence include:
  • Relationship with Survivors: Testimony showing love, closeness, and daily involvement.
  • Decedent’s Character: Evidence of kindness, generosity, and positive community/family roles.
  • Family Role: The decedent’s emotional and practical importance in the household.
  • Loss of Companionship & Guidance: Accounts of missing love, support, and shared life experiences.
  • Photos, Letters & Videos: Visuals showing meaningful moments and family life.
  • Survivor Grief: Testimony about emotional and psychological impact.
  • Unfulfilled Plans: Evidence of future events lost (e.g., weddings, trips).
  • Cultural/Religious Role: Unique loss due to the decedent’s role in a cultural or spiritual context.
  • Community Impact: Statements reflecting the decedent’s broader significance.
  • Demonstrative Evidence: Life story videos, timelines, or letters that humanize the loss.
The more detailed and credible the evidence, the stronger the claim. That’s why our attorneys work with seasoned investigators and top experts to support every element of your case for your deceased loved one.

How Long Does a Wrongful Death Lawsuit Take?

The timeline for a California wrongful death lawsuit can vary significantly, but most cases take anywhere from several months to two years or more to resolve. While it’s natural to want closure quickly, it's crucial to allow enough time for a thorough investigation and to build a strong case. This ensures that your family receives the full compensation you deserve.

Some cases resolve quickly through early settlements, especially if liability is clear and insurance coverage is available. Others, particularly those involving complex liability or high-value damages, may take longer due to court scheduling, discovery processes, and trial preparation.

What Factors Influence the Length of a Wrongful Death Case?

Several variables can impact how long your wrongful death case may take. These include:

  1. Disputed liability. If the at-fault party contests responsibility, we may need to invest more time gathering and presenting evidence.
  2. Number of parties involved. Cases involving multiple defendants (e.g., commercial vehicle accidents) often take longer.
  3. Insurance company cooperation. Some insurers delay or deny claims to avoid payouts, forcing litigation.
  4. Complexity of damages. High-value or emotionally complex claims require careful documentation and expert input.
  5. Court availability. The caseload of local courts can also impact how quickly a case moves through the system.

Rest assured, at Caputo & Van Der Walde, we remain aggressive and persistent from day one. Our goal is to resolve your case as efficiently as possible, without compromising the quality of your outcome.

Your Family Deserves Answers and Justice

When a loved one is taken from you too soon, you deserve more than sympathy. You deserve a team that will fight for answers, accountability, and justice. With Caputo & Van Der Walde by your side, you will receive the direct attention of a senior attorney, and you’ll never be left wondering about the status of your case. We know what’s at stake, and we know how to deliver results.

Why Hire Caputo & Van Der Walde?

Our firm is led by a team of accomplished litigators with decades of experience, and built on a foundation of integrity, legal excellence, and an unwavering commitment to our clients. With nearly 70 years of combined experience, our attorneys are recognized both locally and nationally for their achievements in and out of the courtroom.

Top-tier results

We’ve recovered hundreds of millions of dollars in verdicts and settlements, often for cases other firms won’t take to trial.

No voicemails, ever

When you call, a real person answers. A San Jose wrongful death lawyer at our firm is available day or night because serious accidents don’t follow business hours.

Award-winning advocacy

Our wrongful death attorneys are recognized by the American Board of Trial Advocates (ABOTA), the Consumer Attorneys of California (CAOC), the Santa Clara County Trial Lawyers Association (COAC), Super Lawyers, AV-rated by Martindale-Hubbell, and members of the Million Dollar Advocates Forum—reserved for the top 1% of trial lawyers nationwide.

Selective by design

We take fewer wrongful death cases so we can fight harder for each one. You’re never just a file on our desk. You’re our valued client, and we’re in this together.
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Cases We Handle

At Caputo & Van Der Walde, our wrongful death attorneys represent individuals and families whose lives have been permanently changed by catastrophic injury or the wrongful death of a loved one. These are not minor cases—they are high-stakes matters involving serious harm, long-term consequences, and the need for legal representation.

At our San Jose injury law firm, our wrongful death lawyers do not take every case. We are selective by design, focusing only on the most severe injuries so we can devote the full depth of our resources, attention, and trial experience to those who need it most. Our firm is known for taking on—and winning—cases that require exceptional legal strategy and a deep understanding of both liability and damages.

Motor Vehicle Accidents

We handle serious collisions involving cars, trucks, buses, motorcycles, and pedestrians that result in wrongful death. Whether caused by distracted driving, impaired driving, mechanical failure, or dangerous road conditions, these crashes can result in permanent injuries or loss of life. Our attorneys conduct detailed investigations, work with accident reconstruction experts, and pursue compensation for every loss, from medical bills and lost income to pain and suffering and future care needs.

We also represent clients in cases involving:

  • Commercial truck and big rig accidents
  • Ride-share (Uber/Lyft) and taxi collisions
  • Pedestrian and cyclist injuries
  • Multi-vehicle or high-speed highway crashes

Defective or Dangerous Products

Manufacturers have a legal obligation to ensure the safety of the products they put on the market. When a defective product causes serious injury or death, our personal injury attorneys hold those responsible accountable. These complex cases often involve in-depth technical analysis, expert testimony, and product testing.

Our product liability experience includes:

  • Auto defects (e.g., faulty brakes, airbags, tires)
  • Defective household appliances or electronics
  • Unsafe children’s toys or furniture
  • Industrial equipment and machinery failures
  • Medical devices and implants

Severe Burn, Spinal Cord, and Brain Injuries

Injuries that affect the brain, spine, or nervous system are often life-altering and in some instances can result in death. We advocate for individuals who have suffered traumatic brain injuries (TBI), spinal cord damage, or severe burns, resulting in death.

Assaults and Intentional Harm

In cases involving intentional acts of violence, we pursue both the perpetrators and any negligent third parties that failed to prevent the harm. This may include property owners, businesses, or event organizers who were unable to provide adequate security or background checks.

We represent victims of:

  • Physical assault or battery
  • Sexual assault and abuse
  • Injuries due to negligent or inadequate security

Wrongful Death

Regardless of the cause of someone's death, we are here for grieving families who have lost a loved one due to someone else’s negligent or reckless behavior. A wrongful death claim can never bring back what was lost, but it can provide financial relief, accountability, and a sense of justice. We represent spouses, children, and dependent family members in claims involving:

  • Fatal motor vehicle accidents
  • Death caused by defective products
  • Workplace fatalities involving third-party negligence
  • Deaths resulting from violent or criminal acts

We pursue compensation for funeral expenses, loss of income and support, loss of companionship, and the emotional suffering endured by surviving family members.

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Let’s Talk. When You’re Ready, We’re Here.

Our San Jose attorneys are proud to serve residents in San Jose and throughout California and offer free case consultations to anyone needing help with a wrongful death or injury matter. We also work on a contingency-fee basis, meaning that you pay nothing unless we win.

If you or a loved one is facing a life-changing injury or death of a loved one, don’t settle for less than a firm with the reputation, results, and relentless drive to protect what matters most.

Talk to a San Jose Wrongful Death Lawyer at Caputo & Van Der Walde Today

When everything changes in an instant, you need a top-rated wrongful death attorney experienced in San Jose injury and wrongful death law that’s ready to stand with you, fully prepared and relentlessly committed to your recovery.

At Caputo & Van Der Walde, your clients are our priority. If you or your family is facing the life-altering impact of a catastrophic injury or wrongful death in CA, now is the time to act.

You deserve the strongest possible advocacy for you and your loved one, and you deserve a team that knows how to win. We’re here 24/7, and you don’t pay unless we win. Let us fight for the outcome you and your family need to move forward. Call our law firm now for a free consultation.

" Paul and his entire team are professional in every way. They were able to settle this case to our satisfaction without the extra expense of going to court. "
Earl S.
Paul Van Der Walde and Paul Caputo personal injury lawyers
Paul Caputo and Paul Van Der Walde

As members of the Multi-Million Dollar Advocates ForumĀ® and the Million Dollar Advocates ForumĀ®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.

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