San Francisco Wrongful Death Lawyer

Fighting for Families in Wrongful Death and Survival Actions Across California

Wrongful death lawsuits are civil claims brought against individuals and/or entities alleged to have caused a person’s preventable death. If your family is searching for ways to obtain justice and compensation after a loved one’s untimely passing, the San Francisco wrongful death lawyers at Bostwick & Associates can help explore your options for legal action.

When we evaluate a wrongful death lawsuit in San Francisco, we look closely at how the loss has affected your family financially and emotionally, and we use investigators, medical professionals, and other qualified consultants to help us understand exactly what happened. Many cases involve multiple at-fault parties or overlapping legal issues, such as a negligent driver and a dangerous roadway condition, so having a team that can untangle liability under California law is critical.

Our San Francisco wrongful death lawyers have recovered millions for grieving families and are available to review your case during a FREE consultation.

Why Choose Our San Francisco Wrongful Death Lawyers?

• More than $1 billion in verdicts and settlements.
• Record-setting recoveries in CA, HI, OK, CO, and WA.
• Proven results in high-stakes wrongful death cases.
• Contingency fees – there is no fee unless we win.

How Does a California Wrongful Death Case Work?

California’s wrongful death laws can be found in sections 377.60 through 377.62 of the Code of Civil Procedure. Per California law, surviving family members and a decedent’s estate can sue for damages when a person dies because of someone else’s negligent or wrongful acts, or when an individual or entity is strictly liable for losses.

To establish a wrongful death claim in California, plaintiffs generally must prove:

• The existence of a legal duty between the defendant and plaintiffs, such as a duty to drive safely or provide appropriate medical care.
• A breach of duty (often as a result of negligence), meaning the defendant failed to act as a reasonably careful person or entity would have under similar circumstances.
• Causation, which means showing that the defendant’s negligence was a substantial factor in causing the death and not merely a minor or unrelated issue.
• Damages suffered by the decedent, estate, and/or survivors, including financial losses and the impact of losing a loved one.

In California, wrongful death cases technically involve two separate claims:

• A wrongful death action, which is brought by surviving family members for damages they suffered due to their loved one’s death.
• A survival action, which is brought by the deceased person’s estate on behalf of the decedent for damages they would have been entitled to had they lived (i.e., pain and suffering).

When we handle a wrongful death lawsuit in San Francisco, we not only build the liability case but also focus on documenting the full measure of your loss through financial records, employment information, and testimony from family and friends. By presenting a complete picture of how the loss has reshaped your life, we can advocate for damages that account for both immediate and long-term consequences. Our attorneys can explain how these claims work and what we can do in your particular case during a free consultation.

Am I Eligible to File a Wrongful Death Suit Under California Law?

California allows only certain family members of a deceased person to obtain wrongful death damages. These parties include:

• Surviving spouses/partners
• Children
• Grandchildren
• Decedent’s grandchildren
• Stepchildren / other minor dependents
• Any party entitled to the estate under CA law

How Do I Know if I Have a Viable Wrongful Death Case?

Determining if you have a viable wrongful death case is a task best handled by an experienced attorney during a personalized case review. Wrongful death suits are fact-specific claims, and there are many unique circumstances to consider when exploring your right to legal action, including the nature of the accident, the parties involved, whether potential defendants owed your loved one a duty of care, and more.

In general, you may have a wrongful death case if your family member’s death resulted from some type of wrongful or negligent act. Examples include:

• A motor vehicle accident (i.e., being struck in a drunk driving crash)
• A slip and fall accident or other incident involving property hazards
• Drowning accidents involving failures to supervise
• Workplace and construction accidents caused by third parties
• Medical malpractice
• Elder abuse or neglect
• Intentional homicide

Surviving relatives may also bring wrongful death claims on strict liability. In California, strict liability can apply in cases involving dog bites or animal attacks and defective products. In strict liability cases, defendants can be held liable even if they were not negligent.

If you are unsure whether your situation qualifies, an initial conversation with a wrongful death attorney in San Francisco can help clarify your rights and next steps. During this discussion, we typically review available reports, listen to your account of what happened, and explain how time limits like California’s statute of limitations may affect your options.