San Francisco Wrongful Death Lawyer

Losing someone you love because of another person’s carelessness is one of the hardest things a family can go through, and no words can make that easier. What we can do is help carry the legal weight, so you have room to grieve instead of fighting insurance companies alone.

Pacific Law Firm helps San Francisco families pursue justice and financial compensation with care, at whatever pace you need. We work on a contingency fee basis, so you pay nothing unless we win your case.

Get Free Consultation

What a Wrongful Death Claim Means

A wrongful death claim is a civil lawsuit. It arises when a person dies because of another party’s wrongful act, negligence, or carelessness.

It allows certain surviving family members to seek financial compensation for the losses that death caused them, separate from any criminal case.

How This Differs From Murder or Manslaughter Charges

Families often ask us how a wrongful death claim relates to criminal charges like murder or manslaughter. These are two separate legal paths, and they can happen side by side:

Criminal charges, like murder or manslaughter, are brought by the government, not by your family. The goal is to punish the person responsible, and prosecutors must prove guilt beyond a reasonable doubt.
A wrongful death claim is brought by your family. The goal is financial compensation for your loss, and it only needs to be proven by a preponderance of the evidence, meaning it’s more likely than not that the other party was responsible.

Because these are separate systems, a wrongful death claim can move forward whether or not criminal charges are ever filed, and no matter how a criminal case turns out. You don’t need to wait on a criminal trial to talk to us about your options.

Who Can File, and Who Can Recover

This is often the most important question families have, and it’s one many law firm pages leave vague. Under California Code of Civil Procedure Section 377.60, a wrongful death claim may be filed by:

The decedent’s surviving spouse or domestic partner
The decedent’s children, and the children of any deceased child
If there is no surviving spouse, domestic partner, or child, whoever would be entitled to the decedent’s property under California’s intestate succession laws, such as parents or siblings
In some cases, a putative spouse, stepchildren, or parents who were financially dependent on the decedent

The claim can be filed directly by these family members, or by the decedent’s personal representative, typically the executor or administrator of the estate, on their behalf.

The people with legal standing to file aren’t always the only ones who receive compensation. Under California Code of Civil Procedure Section 377.61, the court decides how any award is divided among everyone entitled to bring the claim, based on each person’s individual loss.

How We Help

We start by gently identifying every family member with a legal right to bring the claim, so no one who should be included is left out.

From there, we investigate what happened, gather evidence, and build a claim that clearly establishes liability.

We handle every conversation with the insurance company and prepare your case as if it will go to trial, keeping your family updated at every step, without adding to what you’re already carrying.

Proving a Wrongful Death Claim

To succeed in a wrongful death case, we generally have to prove the same four elements required in any negligence claim under CACI No. 400:

Duty. The other party owed the deceased a duty to use reasonable care.
Breach. They failed to use the care a reasonably careful person would have used.
Causation. That failure was a substantial factor in causing the death.
Damages. The death caused real, compensable losses to your family.

Comparative Fault

California follows a pure comparative negligence rule, established by the California Supreme Court in Li v. Yellow Cab Co. (1975). If the deceased was partially at fault for what happened, your family’s recovery is reduced by that percentage rather than barred outright.

Compensation Available

A wrongful death claim compensates your family for your own losses. It’s separate from a survival action, which belongs to the decedent’s estate and covers losses the deceased personally suffered before passing, such as pre-death medical bills or their own pain and suffering.

Under CCP Section 377.61, a wrongful death claim can recover:

Economic damages: the financial support the deceased would have provided, the value of the household services they would have performed, and funeral and burial expenses
Non-economic damages: the loss of the deceased’s companionship, comfort, care, assistance, protection, affection, society, and moral support

California generally doesn’t allow a surviving family member to recover for their own grief or emotional distress in a standard wrongful death claim, and punitive damages are typically not available either, with narrow exceptions.

Those losses, along with the deceased’s own pain and suffering, belong to a separate survival action rather than the wrongful death claim itself.

We’ll walk through whether both types of claims may apply to your situation during your consultation.

Important Dates to Remember

We know deadlines are the last thing on your mind right now, but missing one can cost your family the right to file at all. Here’s what to know at a glance:

Standard Wrongful Death Claim

File within: 2 years of the date of death (California Code of Civil Procedure Section 335.1)

If a Government Entity Was Responsible (such as a Muni bus or another public vehicle)

File a formal claim within: 6 months of the date of death (Government Code Section 911.2)

This shorter window is exactly why it helps to talk to someone early, even if you’re not ready to make any decisions yet.

How Insurance Companies Try to Reduce Your Family’s Compensation

Insurance companies are businesses, and their goal is to pay out as little as possible, even in wrongful death cases. Adjusters are trained in certain tactics:

Fast, low offers, made before the full financial impact of your loss is known.
Disputing liability, arguing the death wasn’t their client’s fault, or that the deceased shared the blame.
Delays, hoping financial pressure will lead your family to accept less.
Confusing paperwork, asking for records and documentation that can feel overwhelming on top of everything else.

Having an attorney handle these conversations for you means one less thing standing between your family and the outcome you deserve.

Our Legal Approach

Step 1: We Listen First Before anything else, we want to understand what happened to the victim and how this loss is affecting your family.

Step 2: We Identify Everyone With a Right to Recover We make sure every eligible family member is included in the claim, so no rightful heir is left out.

Step 3: We Build a Strong Case We gather evidence, such as investigation reports, witness statements, and expert analysis, so your claim rests on solid proof, not just an account of events.

Step 4: We Take Over the Insurance Conversations We handle every call and letter from the insurance company, so your family doesn’t have to face them during this time.

Step 5: We Pursue What Your Family Is Owed We prepare every case as if it will go to trial, and we don’t stop until we’ve secured the full compensation your family deserves.

Local Support in San Francisco

Pacific Law Firm is based in San Francisco. A wrongful death lawsuit arising in San Francisco would typically be filed in the San Francisco County Superior Court.

What Happens After You Contact Us

When you reach out, we listen to your situation first and explain your options clearly and without pressure. If we take your case, we begin a full investigation, gather evidence, and build a strong claim, with regular updates so your family always knows where things stand.

Meet Your Attorney

Aria Noosha founded Pacific Law Firm after seeing too many grieving families get lost in a system that wasn’t built with them in mind. A Harvard Law School graduate, he’s been licensed to practice in California since 2021.

Rather than handing your case to a case manager, Aria works directly with families himself, from your first call through the final resolution. He’s a member of the San Francisco Trial Lawyers Association, the Bar Association of San Francisco, the Iranian American Bar Association, and the Mexican American Bar Association, and he communicates with clients in English, Spanish, and Farsi.

What Our Clients Say

“I lost a family member due to negligence, and they supported us through a very difficult time. They fought for justice and treated our case with respect and care.” — Robert Johnson, Wrongful Death Claim

Speak With an Attorney

When you’re ready, call for a free consultation and talk through your family’s situation with someone who will listen first.

Call: 855-722-5290

Other Practice Areas

FAQ

Who can file a wrongful death claim in California?

Generally the decedent’s surviving spouse or domestic partner, children, or, if there is no surviving spouse or child, whoever would inherit under California’s intestate succession laws. A personal representative of the estate can also file on the family’s behalf.

Who receives the compensation if we win?

The court decides how any award is divided among everyone with a legal right to bring the claim, based on each person’s individual loss.

Is a wrongful death claim the same as a murder or manslaughter charge?

No. Murder and manslaughter are criminal charges brought by the government to punish the person responsible. A wrongful death claim is a separate civil lawsuit brought by your family to recover compensation. Both can arise from the same incident, and neither depends on the other.

Do we have to wait for criminal charges before filing a wrongful death claim?

No. A wrongful death claim can move forward whether or not criminal charges are ever filed, and regardless of how a criminal case turns out.

Can we recover damages for our grief?

Generally, no. California wrongful death claims compensate for financial losses and the loss of the deceased’s companionship and support, not for your family’s own grief or emotional distress.

Is a wrongful death claim the same as a survival action?

No. A wrongful death claim covers your family’s own losses. A survival action is a separate claim that belongs to the decedent’s estate and covers losses the deceased suffered before passing, such as pain and suffering or medical bills. We can explain whether both may apply to your situation.

How long do we have to file?

Generally two years from the date of death. If a government entity was involved, the deadline to file a claim is only six months.

What does it cost to hire Pacific Law Firm?

We work on a contingency fee basis, so you pay nothing unless we win your case.