Wrongful Death Attorney in San Francisco
No win, no fee: You pay no attorney’s fees unless we recover compensation for you.
Losing a loved one because of someone else’s negligence is heartbreaking. Now it’s time to hold them accountable for what they’ve done.
You have the legal right to seek full compensation for a wrongful death, but the clock is ticking. In California, most claims must be filed within 2 years.
What Is a Wrongful Death?
A wrongful death occurs when someone’s life is taken because of the negligence or misconduct of another.
In these situations, surviving family members may be able to pursue compensation for harm caused through a legal claim. Unlike standard personal injury claims, wrongful death claims focus on the devastating loss and impact on loved ones. A wrongful death attorney can help you understand your legal options.
We’ve represented families whose relatives have been tragically taken away from them because of negligence. In one instance, a woman with Alzheimer’s wandered from her assisted living facility through a broken gate and suffered fatal injuries. Our investigation revealed poor training, understaffing, and a failure to properly report her incident to Social Services. The facility ultimately agreed to a $1 million settlement covering her claim and two other wrongful death claims.
Causes of a Wrongful Death
A wrongful death can happen for various reasons, including:
- Automobile or pedestrian accidents due to a negligent driver
- Medical malpractice by a doctor or other healthcare professional
- Workplace accidents where employers fail to follow safety rules
- Defective products that cause fatal injuries
- Unsafe conditions on another person’s property (premises liability)
These tragedies can leave families devastated. However, many survivors don’t realize they may be entitled to compensation. Consult a wrongful death attorney if you’re unsure whether you can file a claim.
Wrongful Death Damages
Families may be able to recover compensation for the losses caused by the death of a loved one. This can include:
- Loss of financial support
- Loss of benefits or gifts
- Loss of household services
- Loss of companionship
- Loss of training and guidance provided to a child
In addition, family members may be eligible to recover expenses related to the death, such as medical bills and funeral costs.
Who Can File a Wrongful Death Claim in California?
Section 377.60 of California’s Code of Civil Procedure specifies who has the legal right to bring a wrongful death claim. Eligible parties may include the deceased’s:
- Spouse or domestic partner
- Children
- Parents
- Siblings
- Other next of kin
The deceased’s executor or administrator can also file a wrongful death claim on behalf of family members.
What Happens During a Wrongful Death Claim?
While every situation is different, here’s what to expect when Stoll & Haynes takes care of a wrongful death claim for your family:
Free consultation
It all starts by contacting our law office in San Francisco. During a FREE consultation, we’ll listen to your story and review the circumstances surrounding the death of your loved one. This determines whether you have a viable claim.
Investigation
If we both agree to move forward, the investigation begins. We’ll determine liability (who’s at fault for the death) and the extent of damages. This may involve reviewing medical records, collecting witness statements, and gathering other evidence.
Claim filing
Next, we’ll file a wrongful death claim on your behalf, which officially starts the legal process. It tells the responsible party that you want to be compensated.
Negotiation
We find that the majority of claims are resolved through negotiation, which involves us talking to the at-fault party’s insurance company to reach a fair settlement. Negotiation is generally quicker and less expensive than going to court.
Litigation
If necessary, we’ll file a lawsuit and take your claim to court, where a judge or jury will determine the outcome. This may happen if a settlement can’t be reached.
Wrongful Death Claim vs. Survival Action
Say someone survives an accident but later dies from the injuries they suffered before filing a lawsuit. In these situations, a survival action lets the deceased person’s estate continue the lawsuit on their behalf. This ensures that the person’s potential damages, such as medical expenses, aren’t lost after their death.
Often, wrongful death lawsuits are bundled with survival actions and handled together in court. This approach can increase the total amount of compensation for surviving family members. However, these cases have strict deadlines and other legal hurdles, so it’s important to work with an attorney who understands the entire process.
What To Do After a Wrongful Death
Although this is an extremely difficult time, taking the following steps can help strengthen your wrongful death claim:
- Quickly gather evidence: Collect medical records, accident reports, witness contact details, and other information related to the death. Doing so can prove what happened and who’s responsible.
- Track expenses: Keep a record of funeral costs, medical bills, and lost income to show the financial impact of your loss.
- Be careful what you say to insurers: Avoid giving detailed statements to insurance companies without legal guidance from a wrongful death lawyer. Anything you say could be used against you after filing a wrongful death claim.
- Get legal help: The right wrongful death attorney in the Bay Area can handle negotiations with insurers and potentially maximize your compensation amount.
- Seek emotional support: Losing someone you love is painful. Get the support you need from family, friends, or a professional counselor.
Why You Need a Wrongful Death Attorney in San Francisco
An experienced wrongful death lawyer can do the following while you focus on healing:
- Identify who’s responsible for your loss
- Handle paperwork so you don’t miss legal deadlines
- Negotiate a settlement with the at-fault party’s insurance company or represent you in court
- Increase your chances of full and fair compensation
Wrongful Death FAQs
In California, wrongful death claims must typically be filed within 2 years of the person’s death. Acting quickly can protect your legal rights.
It all depends on your circumstances, but you might be able to recover funeral costs, medical bills, and financial support the deceased would have provided if they had lived. You could also be entitled to compensation for other losses, such as loss of companionship.
Having an experienced attorney on your side can help you identify the party responsible for your loved one’s death, negotiate with insurance companies, and increase the likelihood of compensation for your family.
Contact a San Francisco Wrongful Death Attorney
When someone’s death was the result of another’s negligence, acting quickly can make all the difference. A Bay Area attorney can help you explore your legal options today.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.