San Francisco Wrongful Death Lawyers

Losing a loved one due to someone else’s negligence is a devastating and life-changing event. In addition to the emotional pain and suffering, families are often left with the financial burden of burial expenses and medical bills. Not to mention many unanswered legal questions.

This loss changes far more than a family’s finances. It changes relationships, responsibilities, plans for the future, and the everyday presence of someone who cannot be replaced.

The San Francisco wrongful death lawyers at The Hassell Law Group represent families who have lost spouses, parents, children, and other loved ones in fatal accidents throughout San Francisco and the Bay Area.

Our attorneys have more than 90 years of combined personal injury experience, an undefeated trial and arbitration record, and substantial wrongful-death results.

A wrongful death case should answer four critical questions:

• What caused the death?
• Who is legally responsible?
• Who has the legal right to bring a claim?
• What financial and personal losses has the family suffered?

Our experienced attorneys will investigate those questions while allowing families to focus on one another during an extraordinarily difficult time.

If you have lost a loved one due to the negligence of another, contact The Hassell Law Group today for a free consultation.

There is no attorney’s fee unless we recover compensation for your family.

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Some of Our Wrongful Death Case Results

$5,000,000 Wrongful Death and Injury Result
Our attorneys obtained $5 million for a 76-year-old man’s family after he was killed in a head-on collision caused by a wrong-way driver. The recovery also included compensation for injuries suffered by his wife.

$1,750,000 Wrongful Death Result
Our attorneys secured $1.75 million for the family of a 71-year-old farm worker who was struck and killed by an agricultural vehicle.

Review additional Hassell Law Group case results.

Why Choose The Hassell Law Group?

Wrongful death cases can involve:

• High insurance exposure
• Corporate defendants
• Multiple responsible parties
• Disputed accident reconstruction
• Medical-causation questions
• Comparative fault
• Complex economic damages
• Multiple heirs
• In some cases, government defendants

Our law firm offers:

• More than 90 years of combined personal injury law experience
• An undefeated trial and arbitration record on behalf of our clients
• Multi-million-dollar wrongful-death recoveries
• TopVerdict Top 10 Wrongful Death Settlement Award recognition
• Experienced trial lawyers
• Thorough fatal-accident investigation
• Accident, medical, vocational, and economic damages experts when needed
• Direct attorney involvement in your case

Families hire and trust us to investigate what caused the death, who should be held responsible, and to seek the best possible outcome for their wrongful death case.

What Is a California Wrongful Death Claim?

California Code of Civil Procedure § 377.60 permits specified survivors to bring a civil claim when a person dies because of another’s wrongful act or neglect.

Wrongful death can result from:

• Car accidents
• Reckless driving
• Commercial vehicle crashes
• Drunk driving
• Pedestrian collisions
• Construction accidents
• Dangerous property hazards
• Dangerous roadway conditions
• Government entity negligence
• Other wrongful conduct

Wrongful death cases can sometimes involve civil and criminal actions. A criminal prosecution and wrongful-death lawsuit are different. The criminal case seeks criminal penalties and punishment; the civil case seeks financial compensation for qualifying survivors. Criminal cases and civil cases are pursued independently of each other.

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Who Can File a Wrongful Death Claim?

California law limits who has legal standing to bring a claim.

Potential claimants can include:

Spouse or Domestic Partner

A surviving marital spouse or registered domestic partner generally qualifies.

Children

The decedent’s surviving children generally qualify, as may the issue (children) of deceased children.

Intestate Heirs

When there is no surviving issue (children), people who would inherit under California intestate succession law may qualify.

Certain Financial Dependents

Under qualifying circumstances, financially dependent putative spouses, stepchildren, parents, and others specified by statute may qualify.

Certain dependent minors living in the household may also qualify under §377.60.

Blended families, unmarried relationships, dependency cases, and deceased descendants can make eligibility complicated. Identifying everyone with potential standing early helps avoid procedural problems later in the case. It is best to speak with our qualified wrongful death lawyers promptly.

Parents and Adult Children

Parents sometimes qualify to bring a claim following the death of an adult child, depending on intestate succession and financial-dependency rules.

Adult children are among the categories expressly recognized by California law when a parent dies.

Family structure should be analyzed by a qualified California wrongful death attorney rather than relying on broad assumptions about who can sue.

California’s One-Action Rule

California generally treats wrongful death as a single, joint and indivisible action.

Known heirs ordinarily should participate in the same wrongful-death lawsuit rather than bringing separate actions against the defendant.

This does not mean every heir suffered the same loss.

A spouse, minor child, adult child, and dependent parent may have very different relationships with the person who died.

Each claimant’s losses should be developed individually within the single action. The practical result is that identifying potential heirs early is important both legally and strategically.

Wrongful Death vs. Survival Action

These are related but legally different claims.

Wrongful Death

Wrongful death belongs to eligible survivors and compensates their losses caused by the death.

Survival Action

A survival action continues certain claims the deceased person had before death.

Under California Code of Civil Procedure § 377.30, a surviving cause of action may be pursued by the decedent’s personal representative or, in appropriate circumstances, successor in interest.

For example, if the deceased was badly injured before they died, incurred medical expenses and lost earnings, and later dies from those injuries, the case may involve both wrongful-death and survival claims.

The distinction matters because the two claims compensate for different losses and may require different evidence.

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Pre-Death Pain and Suffering Under Current California Law

California temporarily allowed certain survival actions filed between January 1, 2022, and January 1, 2026 to recover pre-death pain, suffering, or disfigurement.

Under the current text of Code of Civil Procedure § 377.34, that temporary provision generally does not apply to a new action filed on or after January 1, 2026.

The filing date and facts therefore matter. Families should be cautious about relying on older online summaries that treat pre-death pain-and-suffering damages as universally available in California survival claims.

What Damages Can Be Recovered?

California wrongful-death damages compensate eligible survivors for their own economic and relationship losses.

Code of Civil Procedure § 377.61 authorizes damages that are just under the circumstances.

Lost Financial Support

The analysis may consider:

• Earnings
• Expected career progression
• Benefits
• Retirement contributions
• Business income
• Future earning potential

For a younger wage earner, projected support may extend for many years. For an older or retired person, other forms of support and household contribution can still be significant.

Lost Household Services

A deceased family member may have provided valuable:

• Childcare
• Cooking
• Cleaning
• Transportation
• Home maintenance
• Caregiving
• Household management

These services can have substantial economic value even when they never appeared on a paycheck.

Funeral and Burial Expenses

Reasonable funeral and burial expenses may be recoverable.

Loss of Companionship and Relationship

California recognizes losses involving the loss of your loved one’s

• Love
• Companionship
• Comfort
• Care
• Assistance
• Protection
• Affection
• Society
• Moral support
• Training and guidance where appropriate

California’s CACI 3921 addresses these economic and noneconomic wrongful-death damages.

Wrongful Death Does Not Compensate Grief Itself

California does not compensate heirs for their grief, sorrow, or mental anguish itself through a wrongful-death award.

Instead, the law compensates the legally recognized loss of the relationship: the companionship, comfort, care, support, affection, guidance, and other benefits the deceased person would have provided.

This distinction matters when developing evidence of the family relationship. A strong case does not simply tell a jury that the family is devastated. It shows what the deceased person actually contributed to the lives of the surviving family members.

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A Claim Is Not Just About the Person’s Income

An insurance company may focus heavily on income because wages are easy to calculate.

But wrongful death damages can be significant even when the person who died was:

• Retired
• Elderly
• A stay-at-home parent
• A child
• Someone with modest earnings

The value of a claim depends on the actual legally compensable losses, not simply the deceased person’s income.

Medical Expenses Before Death

When a person survives for a period after the accident and receives medical treatment before dying, those expenses may become part of a related survival claim rather than the heirs’ wrongful-death damages.

This is another reason it is important to separate the two causes of action correctly. Medical bills, pre-death wage loss, and other damages belonging to the decedent may require different pleadings and proof from the family’s own wrongful-death losses.

How Our Attorneys Build a Wrongful Death Case

A strong case requires two parallel investigations:

Who is responsible for the death?

and

What has the family lost?

Liability Investigation

Evidence may include:

• Police reports
• Accident scene photographs
• Surveillance footage
• Dash-camera video
• Witness statements
• Vehicle electronic data
• Trucking records
• Maintenance records
• Toxicology
• Property records
• Government records
• Accident reconstruction by Experts

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In some cases, defendants may dispute fault aggressively. Our legal team works to preserve objective evidence before vehicles are repaired, surveillance video is overwritten, or witnesses become difficult to locate.

Medical Causation

Evidence may include:

• Emergency responder records
• Hospital records
• Death certificates
• Autopsy findings
• Toxicology reports
• Treating physician opinions
• Forensic pathology

The San Francisco Office of the Chief Medical Examiner investigates qualifying accidental, sudden, unexpected, and violent deaths within its jurisdiction.

Economic Loss

We may evaluate:

• Wage records
• Tax returns
• Employment benefits
• Pension information
• Business income
• Household services
• Work-life expectancy

The use of economists and vocational experts may be appropriate in some cases.

Relationship Loss

Evidence can include:

• Family testimony
• Photographs
• Videos
• Communications
• Family activities
• Caregiving roles
• Parenting responsibilities

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Common Fatal Accident Claims

Wrongful death is an unfortunate outcome, not one particular type of accident.

Our legal team handles fatal claims arising from:

Car Accidents

HLG’s $5 million wrongful-death result arose from a fatal head-on collision.

See our San Francisco Car Accident Lawyers page.

Truck and Commercial Vehicle Accidents

These cases may involve corporate defendants, commercial insurance, maintenance records, and driver qualification evidence.

See our San Francisco Truck Accident Lawyers page.

Pedestrian and Bus Accidents

Many cases can involve fatal crosswalk and public transit bus accidents.

See our San Francisco Pedestrian Accident Lawyers and Bus Accident Lawyers pages.

Drunk Driving and Hit-and-Run Accidents

HLG recovered $722,500 for parents whose son was killed in a crash caused by a drunk driver. Their son was not wearing a seat belt and died from injuries caused by the lack of a seat belt. The son was also under the influence of drugs and alcohol. The drunk driver also died in the accident.

Learn more from our:

• San Francisco Drunk Driving Accident Lawyers
• San Francisco Hit-and-Run Accident Lawyers

Construction and Dangerous Property Accidents

Fatal falls, construction site hazards, fires, and unsafe property conditions can involve contractors, property owners, businesses, or public entities.

See our Construction Accident Lawyers and Premises Liability Lawyers pages.

Comparative Fault Does Not Automatically Defeat the Claim

Insurance companies may argue the deceased person:

• Was speeding
• Was distracted
• Crossed outside a crosswalk
• Was not wearing a seatbelt
• Was intoxicated
• Violated a safety rule

California comparative-fault principles may reduce damages if the decedent shared responsibility, but partial fault does not automatically eliminate the claim.

Our firm has obtained substantial wrongful-death results despite significant liability disputes.

Government Wrongful Death Claims

Fatal accidents involving public transit, dangerous public property, government vehicles, or public construction can trigger special claim requirements.

Under California Government Code § 911.2, qualifying death or personal injury claims against public entities generally must be presented within six months.

Our firm has successfully handled fatal public-entity cases, including a disputed liability $925,000 public-transit death case involving a very elderly client.

The shorter government-claim deadline is one reason families should obtain legal advice promptly. When a city vehicle, transit system, public roadway, or other government entity may have contributed to the death, time is of the essence.

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What If There Is Also a Criminal Case?

Families can often pursue a civil wrongful-death case even when prosecutors are handling a criminal matter arising out of the same incident.

Evidence from the criminal investigation, such as toxicology, police reports, video, and witness accounts may become important in the civil case.

The civil case may not need to wait until the criminal matter is finished. Although issues can arise such as the defendant refusing to give a deposition testimony or answer certain kinds of questions in the civil case while criminal charges are pending against them. Some coordination along these lines with the criminal defense attorney and/or with prosecutors may be required in the civil case depending on the circumstances.

What If the Responsible Driver Has Inadequate Insurance?

Fatal motor vehicle accident damages often exceed ordinary liability insurance limits.

Our legal team investigates:

• All possible parties who a claim can be brought against
• The existence of liability insurance policies held by any responsible parties
• Commercial coverage
• Employer policies
• Umbrella and excess insurance policies
• The availability of uninsured motorist and underinsured motorist coverage in applicable cases

Our San Francisco Uninsured Motorist Accident Lawyers pursue other available coverage that may apply in death cases where the fatality involved an automobile (such as auto vs. ped, auto vs. auto, auto vs. motorcycle, auto vs. bicycle, auto vs. scooter) but coverage is unavailable or insufficient.

In a fatal crash, insurance investigations should not stop with the insurance shown on the police report. Employer/employee relationships, commercial ownership, household coverage, umbrella policies, and additional defendants may all matter.

How Much Is a Wrongful Death Case Worth?

It depends on a number of factors.

Relevant considerations may include:

• Age and health of the deceased
• Ages of survivors who have standing to bring a claim
• Value of the loss of the deceased’s earnings and benefits
• Expected future financial support from the deceased
• Value of the loss of deceased’s household services
• Number of eligible heirs
• Deceased’s relationship with each heir
• Loss of parental training and guidance
• Strength of liability evidence
• Comparative fault of the deceased
• Available insurance
• Number of defendants
• Public-entity involvement
• Related survival claims

The true value depends on the circumstances and evidence.

A strong damages presentation often combines objective financial records and other substantial evidence with testimony of family members showing the strength and value of family relationships with the deceased.

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How Long Do You Have to File a Wrongful Death Claim in California?

California Code of Civil Procedure § 335.1 generally provides two years for many wrongful-death claims arising from negligence.

Public-entity claims require presentation within six months.

Other specialized deadlines can apply.

Families should seek legal advice well before these deadlines because these cases can be very complex and evidence can also disappear quickly. Surveillance footage can be overwritten, vehicles repaired, roadway conditions changed, and witnesses become harder to locate.

Frequently Asked Questions

Who can file a wrongful death lawsuit?
Eligible claimants can include spouses, domestic partners, children, certain intestate heirs, parents, qualifying dependents, and specified dependent minors under §377.60.

Can parents sue after the death of an adult child?
Sometimes. Such instances include the death of a minor child, death of an adult child with no spouse or children, or the death of an adult child who the parent was financially dependent on. Eligibility can depend on whether the deceased was married and has children. Intestate succession and financial dependency can also play a role.

Can adult children sue after a parent dies?
Yes. Children are expressly included in California’s wrongful-death statute.

Can an unmarried partner sue?
It depends. A registered domestic partner can qualify. Other unmarried partners generally must satisfy another statutory category.

Do all heirs file separate cases?
Generally, no. California ordinarily requires all heirs with the legal standing to bring a claim to participate in one wrongful-death action.

What is the difference between a wrongful death claim and a survival action?
Wrongful death compensates eligible heirs for their losses. A survival action continues other claims that belonged to the person who died.

Can families recover medical bills incurred before death?
Potentially through a related survival claim.

Can families recover for grief?
Wrongful-death damages in California do not compensate grief or sorrow itself, but they do compensate legally recognized losses of companionship, care, affection, support, and guidance.

What if my loved one was partially at fault?
Partial fault can reduce damages but often does not eliminate the claim.

What if the responsible person was uninsured?
Other coverage should be investigated such as UM/UIM, commercial, employer, umbrella, excess, and other policies.

How much does HLG charge?
Qualifying wrongful-death cases are handled on a contingency-fee basis.

There is no attorney’s fee unless we recover compensation for your family.

Related Practice Areas

• San Francisco Car Accident Lawyers
• San Francisco Truck Accident Lawyers
• San Francisco Pedestrian Accident Lawyers
• San Francisco Bus Accident Lawyers
• San Francisco Drunk Driving Accident Lawyers
• San Francisco Hit-and-Run Accident Lawyers
• San Francisco Construction Accident Lawyers
• San Francisco Premises Liability Lawyers
• San Francisco Uninsured Motorist Accident Lawyers

Contact Our San Francisco Wrongful Death Lawyers

No lawsuit can undo the loss of a family member.

But when a death was caused by negligence, the civil justice system can establish responsibility and provide compensation for the financial and personal losses the family will carry into the future.

The wrongful death lawyers at The Hassell Law Group will investigate the death, preserve critical evidence, identify responsible parties and available insurance, determine who may participate in the claim, document each family member’s losses, and prepare the case for trial when needed.

Our firm has more than 90 years of combined personal injury experience, an undefeated trial and arbitration record on behalf of its clients, and substantial wrongful-death case results.

Contact us today at (415) 334-4111 for a free consultation .

There is no fee unless we recover compensation for your family.

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.