San Francisco Wrongful Death Lawyer

When someone you love dies because of another person’s negligence, California law lets eligible family members bring a wrongful death claim for the financial support, household help and companionship they lost, along with funeral and burial costs. A San Francisco wrongful death lawyer can explain who in your family can file, what the claim can cover and which deadlines apply.

Pacific Law Firm is located at 535 Mission Street, Suite 14, San Francisco, CA 94105. We review the circumstances and explain your options. Results depend on the facts, evidence, and applicable law. Request a free consultation.

When Can a Death Lead to a Wrongful Death Claim in San Francisco?

A wrongful death claim is a civil action. It follows a death caused by another party’s wrongful act or neglect. The claim must meet the legal requirements that apply to the incident. A fatal accident alone does not prove negligence or establish who is responsible.

Potential incidents include fatal car crashes, pedestrian deaths, unsafe property, workplace deaths, defective products, and alleged medical negligence. Each type raises different questions about responsibility and proof. A claim involving Muni, a city vehicle, or public property triggers special government claim rules. The potential defendant and deadlines depend on the facts.

Who Can File a Wrongful Death Lawsuit in California?

California Code of Civil Procedure § 377.60 sets out who may bring a wrongful death action. The rules depend on the person’s relationship to the deceased and, for some categories, financial dependency. A relative should not assume they qualify based only on family ties.

Relationship or category	General eligibility rule
Surviving spouse or registered domestic partner	Included in the primary statutory category under CCP § 377.60(a).
Children and issue of deceased children	Included under § 377.60(a), subject to the statute.
Intestate heirs	May qualify when the deceased leaves no surviving issue and the statutory intestate-succession requirements apply.
Putative spouse, stepchildren, and parents	May qualify under § 377.60(b) when the required dependency conditions are met.
Certain legal guardians	May qualify as if they were the deceased’s parents when the parents are deceased and dependency rules under subsection (b) are met.
Certain dependent minors	May qualify under § 377.60(c) if they lived in the deceased’s household for the 180 days before death and depended on the deceased for at least half their support.

A personal representative may bring the action on behalf of eligible claimants. That role does not make the decedent’s estate an ordinary wrongful death beneficiary. Eligible claimants generally need to be accounted for in one action. Read California Code of Civil Procedure § 377.60 for the statutory categories.

What Damages Can a Family Recover for a Wrongful Death?

Wrongful death damages address losses suffered by eligible survivors. California Code of Civil Procedure § 377.61 addresses wrongful death damages. The 2026 California Civil Jury Instructions (CACI 3921) explain the categories. The evidence must support each claimed loss.

Economic damages may include:

• The loss of financial support the deceased would have contributed to the family.

• Gifts or benefits the family reasonably expected to receive.

• Reasonable funeral and burial expenses.

• The value of household services the deceased would have provided.

Noneconomic damages may include the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Loss of training and guidance may also apply when the law and evidence support it. The available categories depend on the claim and evidence.

California generally excludes a family’s grief, sorrow, and mental anguish as separate wrongful death damages. The law instead recognizes specific relationship losses and the deceased person’s contributions.

Medical malpractice cases carry an additional limit. Civil Code § 3333.2 caps specified noneconomic damages in qualifying actions against health care providers. In a wrongful death case, the noneconomic damages cap started at $500,000 for cases filed on or after January 1, 2023 and rises $50,000 each January 1, which puts it at $650,000 in 2026. Separate caps can apply to health care providers and to health care institutions such as hospitals, and the amount in effect at the time of judgment, arbitration award or settlement applies. Economic damages are not capped. A San Francisco wrongful death lawyer should review its application before a family relies on it.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim and a survival action address different losses.

Issue	Wrongful death claim	Survival action
Main purpose	Seeks compensation for legally recognized losses suffered by eligible survivors.	Seeks qualifying losses the deceased personally sustained before death.
Who brings it	Eligible claimants or a personal representative acting on their behalf.	The personal representative or successor in interest under applicable law.
Examples	Lost support, household services, funeral costs, and loss of love, companionship, and society.	Qualifying economic losses the deceased could have pursued before death, subject to statutory limits.

Code of Civil Procedure § 377.30 and § 377.34 govern survival actions. Under CCP § 377.34, a survival action generally cannot recover the deceased’s pain, suffering or disfigurement. From 2022 through 2025, a temporary exception allowed those damages in survival actions filed during that window, but it applied only to cases filed before January 1, 2026 (CCP § 377.34(b)). For cases filed now, a survival action covers the losses the deceased sustained before death, such as medical bills and lost income, plus any punitive damages the deceased could have recovered (CCP § 377.34(a)). Claims under California’s elder and dependent adult abuse laws are treated separately (CCP § 377.34(f)). These claims may arise from one death, but they address different losses. Read § 377.30 and § 377.34 for the statutory rules.

How Long Does a Family Have to File in San Francisco?

Many wrongful death actions fall under the general two-year period from the date of death in California Code of Civil Procedure § 335.1. Other rules may apply, so do not rely on the general period alone.

Situation	General rule	Key statute
Ordinary wrongful death action	Generally two years from the date of death, subject to exceptions.	CCP § 335.1
Claim against a public entity	Claim must be presented within six months after the claim accrues.	Gov. Code § 911.2
After written rejection	Generally six months from delivery or mailing of the rejection notice.	Gov. Code § 945.6(a)(1)
If no written rejection is sent	Deadline extends to two years from the accrual date.	Gov. Code § 945.6(a)(2)
Death involving medical malpractice	One-year discovery or three-year outer period, whichever is first.	CCP § 340.5

Government Code § 911.2 and § 945.6 govern key parts of the public entity process. Presenting a government claim is not the same as filing a lawsuit in San Francisco Superior Court. San Francisco provides instructions through its official File a Claim resource.

Medical malpractice claims involving death may follow Code of Civil Procedure § 340.5. It generally uses a one-year discovery period or a three-year outer period, whichever occurs first. These rules can be technical. Early legal review helps a family confirm which deadlines apply.

What If the Deceased Person Was Partly at Fault?

California follows pure comparative negligence. A court reduces damages according to the share of fault assigned to the deceased. The rule comes from the California Supreme Court’s decision in Li v. Yellow Cab Co. Partial fault does not automatically bar a claim. The evidence and circumstances determine how responsibility is divided.

What If the Death Involved a Muni Bus, a City Road, or Medical Care?

A claim involving Muni, SFMTA, a city vehicle, or a public road may require a government claim. These deadlines are much shorter than the general civil filing period. The facts must also support a legally recognized basis for liability. A crash on a city street does not automatically make the City responsible.

San Francisco recorded 25 traffic deaths in 2025, down from 43 in 2024, according to SFMTA, the San Francisco Department of Public Health, and SFPD. The agencies announced these figures on January 8, 2026. This is a local traffic safety context. It does not show how many deaths involved negligence or led to lawsuits.

A death involving medical care requires review of medical records, the care provided, causation, and expert opinions. California’s medical malpractice limitation period and noneconomic damages cap affect those cases. Each issue requires review based on the case facts.

How a San Francisco Wrongful Death Lawyer Can Help Your Family

For information about Pacific Law Firm’s broader injury practice in San Francisco, visit the personal injury lawyer San Francisco page. A wrongful death matter requires a focused review of family eligibility, evidence, financial losses, potential defendants, and deadlines.

A San Francisco wrongful death attorney can sort out which of these questions apply to your family: who is eligible to file, which deadline controls, and who may be responsible. People comparing San Francisco wrongful death attorneys should ask who handles the case, how the firm communicates, and how fees are structured.

Pacific Law Firm is led by Attorney Aria Noosha. The team includes paralegal Carlos Mauricio and case managers Alejandra Naranjo and Beau Brines. Ask who will handle legal decisions and serve as your main contact.

A case review may involve:

• Discussing the incident and family relationships to identify questions about eligibility, possible claims, and urgent deadlines.

• Reviewing available records. Reports, photos, medical information, witness details, and financial records may help clarify what happened.

• Evaluating potential responsibility. The review examines negligence, causation, insurance coverage, and any public entity involvement.

• Explaining possible next steps, which may include further investigation, an insurance claim, settlement discussions, or litigation.

Families do not need every record before seeking guidance. Keep available incident reports, medical records, funeral expenses, and records of financial support. Household contribution records may also help.

Pacific also provides information about fatal car accident claims and workers’ comp death benefits. These remedies differ from wrongful death damages and may involve separate legal requirements. The statewide guide explains how a California wrongful death case works.

Frequently Asked Questions

Can Parents, Stepchildren, or a Dependent Minor File?

Some may qualify under California Code of Civil Procedure § 377.60. Certain relatives must meet dependency rules. A qualifying minor must have lived with the deceased for 180 days before death and received at least half their support from the deceased.

Do We Have to Wait for a Criminal Case to Finish?

No. Civil wrongful death claims and criminal prosecutions serve different purposes and use different standards of proof. Families can seek civil legal guidance without waiting for criminal charges. Civil claims use a preponderance of the evidence standard. Criminal prosecutions require proof beyond a reasonable doubt.

What If a Government Agency May Be Responsible?

A claim against a public agency must be presented within six months after accrual. A separate lawsuit deadline follows a written rejection under Government Code § 945.6(a)(1). If the agency sends no written rejection, the deadline extends to two years under § 945.6(a)(2). Review the rules and San Francisco claim-filing guidance promptly.

Can a Family Recover Damages for Grief or Mental Anguish?

California does not allow recovery for the family’s grief, sorrow, or mental anguish as separate wrongful death damages. The law recognizes certain losses tied to the relationship, including loss of love, companionship, care, assistance, and support.

What Should We Bring to an Initial Consultation?

Bring records you already have. Useful records include incident reports, photos, medical information, death certificates, funeral expenses, witness details, and financial support records. Do not delay asking for advice because some documents are missing.

How Are Attorney Fees and Case Costs Handled?

Pacific Law Firm offers a free consultation. Before hiring a lawyer, review the written fee agreement. Ask how attorney fees are calculated and who pays case costs if there is no recovery. Confirm these terms before signing.

Speak With a San Francisco Wrongful Death Lawyer

If your loved one died in a crash on a San Francisco street, in an incident involving Muni or city property, or after possible medical negligence, you may have questions about who is responsible and which filing deadlines apply to your family’s situation.

Call (855) 722-5290 or request a consultation with Pacific Law Firm. During your consultation, ask about potential claims, applicable deadlines, attorney fees, and responsibility for case costs. The firm can explain the available next steps based on your circumstances.

Pacific Law Firm, 535 Mission St #14, San Francisco, CA 94105 | 855-722-5290

The information on this page is for general educational purposes only. It does not create an attorney-client relationship and is not legal advice.