San Francisco Wrongful Death Attorney

A wrongful death claim allows surviving family members to seek compensation when a loved one is killed due to another party’s negligence, recklessness, or intentional misconduct. Under California Code of Civil Procedure §377.60, eligible survivors include spouses, domestic partners, children, and in some cases dependent family members. We help San Francisco families understand whether the circumstances of their loss — whether on the Bay Bridge, in the Tenderloin, or anywhere in the city — give rise to a valid claim.

California law limits wrongful death plaintiffs to the deceased’s surviving spouse or domestic partner, children, and grandchildren if the children are deceased. If none of those exist, other dependents such as parents or siblings may qualify. We review your family’s specific situation during a free consultation to confirm standing before we file.

Under California Code of Civil Procedure §335.1, the statute of limitations for wrongful death is generally two years from the date of death. Certain exceptions can shorten this window — for example, claims against a government entity like the City and County of San Francisco require a government tort claim filed within six months. Missing these deadlines permanently bars recovery, so contacting us as soon as possible is critical.

Surviving family members can recover economic damages including lost financial support, lost gifts or benefits the deceased would have provided, and funeral and burial expenses. Non-economic damages include loss of love, companionship, comfort, moral support, and guidance. California does not cap these damages in most wrongful death cases, and we fight to ensure every category of loss is fully presented to a jury or insurer.

Yes. A survival action under California Code of Civil Procedure §377.30 is brought on behalf of the deceased’s estate and recovers damages the decedent personally suffered before death — including medical expenses, lost earnings, and conscious pain and suffering between the incident and death. We routinely file both claims together to maximize total recovery for the family and the estate.

California follows a pure comparative fault system, meaning a family can still recover even if their loved one was partially responsible. However, the award is reduced by the percentage of fault attributed to the decedent. For example, if the jury finds the deceased was 20% at fault for a collision on the 101 Freeway near SoMa, the family’s recovery is reduced by 20%. We work to minimize any fault attributed to your loved one through thorough investigation and expert testimony.

We must establish that the defendant owed a duty of care, breached that duty, and that the breach directly caused the death. Evidence typically includes police reports from SFPD, accident reconstruction, medical examiner findings, witness statements, surveillance footage, and expert testimony. San Francisco’s busy corridors — from the Embarcadero to Geary Boulevard — generate substantial documentary evidence that we gather and preserve immediately after being retained.

Nothing. We handle wrongful death cases on a contingency fee basis, meaning we advance all costs for investigation, experts, filing fees, and litigation. We are only paid if we recover compensation for your family. Our fee is a percentage of the settlement or verdict, and we explain the exact terms clearly before you sign any agreement.

Most cases settle within 12 to 24 months, though complex cases involving disputed liability or significant damages can take longer if they proceed to trial in San Francisco Superior Court. Factors that affect timing include the cooperation of the defendant’s insurer, the completeness of medical and financial records, and court scheduling. We keep families informed at every stage and will never pressure you to accept a lowball settlement simply to close the file faster.

Insurance adjusters often reach out to grieving families quickly, hoping to secure a low-cost settlement before legal counsel is involved. We strongly advise you not to provide recorded statements or sign any releases until you have spoken with us. Once we are retained, all communications from the insurer go through our office, and we handle every negotiation on your behalf.

California’s strict products liability doctrine allows wrongful death claims against manufacturers, distributors, and retailers when a defective product causes a fatal injury — no proof of negligence is required, only that the product was defective and caused the death. We have handled cases involving defective vehicles, industrial equipment, and consumer goods throughout the Bay Area. These cases often involve multiple defendants and require specialized engineering experts.

Workplace fatalities in San Francisco may give rise to both a workers’ compensation death benefit claim and a separate civil wrongful death lawsuit against a negligent third party — such as a contractor, equipment manufacturer, or property owner — who is not the employer. Workers’ compensation alone is often inadequate to fully compensate a family. We evaluate both avenues and pursue every source of recovery available under California law.

When the responsible party’s insurance limits are insufficient to cover the full value of the loss, we investigate whether other sources exist — such as an employer’s policy, a premises owner’s coverage, or the deceased’s own underinsured motorist policy. In cases involving commercial vehicles or rideshare drivers on San Francisco streets, multiple layers of insurance may apply. We leave no coverage source unexplored.

Under California law, the court must apportion any wrongful death recovery among the plaintiffs in the proportion that the court finds is just. If all heirs agree on the distribution, the court generally approves it; if there is a dispute, the court holds a separate apportionment hearing. We help families navigate this process — particularly in blended families or situations involving minor children — to reach a fair and legally sound allocation.

Contact us immediately for a free, confidential consultation — the sooner we begin, the better our ability to preserve evidence, identify witnesses, and meet critical legal deadlines. Bring any records you have, including the death certificate, police or incident reports, and insurance correspondence, but do not worry if you have nothing yet; we handle all investigation. Our San Francisco wrongful death attorneys are available around the clock, and there is no obligation and no fee unless we win.