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Wrongful Death

San Francisco Wrongful Death Lawyers

Fighting for Families in Wrongful Death & Survival Actions Across CA

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, Bostwick & Peterson, LLP can help explore your options for legal action.

Why Choose Bostwick & Peterson, LLP?

  • 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.

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

How Does a California Wrongful Death Case Work?

California’s wrongful death laws can be found 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.

As with other civil personal injury claims, plaintiffs in wrongful death cases must prove:

  • The existence of a legal duty between the defendant and plaintiffs;
  • A breach of duty (often as a result of negligence);
  • Causation, which means showing that the defendant’s negligence was a substantial cause of death; and
  • Damages suffered by the decedent, estate, and / or survivors.

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).

Survival actions and wrongful death actions are typically coupled together. Our attorneys can explain how these claims work and what we can do in your particular case during a consultation.

Am I Eligible to File a Wrongful Death Suit?

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 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:

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.

Wrongful Death Compensation: Examples of Our Results

Families who prevail in their wrongful death cases are entitled to a financial recovery of their losses, including lost financial support, lost emotional support, loss of consortium, lost value of household services, and other economic and non-economic damages.

Though non-economic damages (intangible losses such as pain and suffering, grief, and mental anguish) are substantial in wrongful death cases, California law does cap these damages in medical malpractice cases. This makes it all the more important to seek a full financial recovery for all other damages.

Over $1 Billion in Compensation Recovered for Clients

At Bostwick & Peterson, our attorneys have helped families prevail in wrongful death cases involving all types of accidents and negligent acts – from medical malpractice and failures to diagnose to car accidents, truck accidents, and preventable drownings.

Examples of some of our results:

  • $9.96 Million for the family of a 38-year-old man who passed away after UCSF clinic physicians failed to diagnose a cardiac condition and allowed him to fly. At the time, this was the largest medical malpractice wrongful death settlement in California history.
  • $5 Million wrongful death settlement for the family of a 14-year-old girl killed at her bible camp in an ATV rollover accident. At the time, this was the largest settlement for the wrongful death of a child in California history.
  • $4 Million wrongful death recovery over failure to diagnose a pending heart attack.
  • $2.75 Million settlement over the wrongful death of a woman caused by a collapsing apartment staircase.
  • $2.5 Million recovery over failure to diagnose fatal arrhythmia condition.

Our wrongful death attorneys serve families across San Francisco, the state of California, and other U.S. states. Contact us to discuss your case personally with a lawyer during a FREE consultation.

NATIONALLY RECOGNIZED LAW FIRM

  • Inner Circle of Advocates
    Inner Circle of Advocates

    Invitation-only organization of the top 100 plaintiff trial lawyers in the U.S.

  • International Academy of Trial Lawyers
    International Academy of Trial Lawyers

    Former President of the International Academy of Trial Lawyers, limited to the top 500 trial lawyers in the U.S.

  • Super Lawyers 2020
    Super Lawyers 2020

    James S. Bostwick and Erik L. Peterson have been named top-rated medical malpractice attorneys in Northern California.

  • American Board of Trial Advocates
    American Board of Trial Advocates

    Invitation-only group of the nation’s top civil lawyers and judges.

  • American Board of Professional Liability Attorneys
    American Board of Professional Liability Attorneys

    James Bostwick is a nationally certified medical malpractice specialist and founding member.

  • The Best Lawyers in America
    The Best Lawyers in America

    Recognized since its inception in 1983 by this peer-reviewed publication, comprised of the best legal talent in the world.

  • Best Law Firms 2021
    Best Law Firms 2021

    Recognized for professional excellence with impressive ratings from clients and peers.

  • The National Trial Lawyers
    The National Trial Lawyers

    James Bostwick & Erik Peterson are listed in the Top 100 Trial Lawyers.

  • Multi-Million Dollar Advocates
    Multi-Million Dollar Advocates

    An exclusive group limited to less than 1% of U.S. attorneys who have won multi-million dollar results.

  • Lawdragon
    Lawdragon

    James Bostwick has been featured among the Top 500 Leading Plaintiff Consumer Lawyers in America.

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What Sets Bostwick & Peterson, LLP Apart?

  • More Than $1 Billion In Settlements And Verdicts For Our Clients
  • Since January 2018, The Firm Has Twice Broken The California Record For Largest Medical Malpractice Settlements
  • Best Lawyers® Trial Lawyer Of The Year In 2012 And 2013
  • James Bostwick Is A Nationally Certified Specialist By The American Board Of Professional Liability
  • Included In The List Of "Best Lawyers In America" By U.S. News - Best Lawyers® Since Its Inception In 1983
  • James Bostwick Received The Trial Lawyers "Presidential Award Of Merit"
  • Invite-Only Member Of The Inner Circle of Advocates, Limited To The Nation’s Top 100 Plaintiff Lawyers
  • Record-Setting Verdicts & Settlements In Four States, For Malpractice, Truck, And Auto Accidents
Experienced Trial Lawyers

Put our highly recognized and award-winning attorneys on your side. We will make the difference in your case. 

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