San Francisco Wrongful Death Lawyer | Fatal Accident Claims

When someone is killed because of another’s negligence, surviving family members may have a wrongful death case. Unlike most personal injury cases, where the injured victim is available to testify, in a wrongful death case, many questions may go unanswered.

That is where our skilled and knowledgeable personal injury attorneys come into play. It is important to quickly preserve evidence and conduct a thorough investigation to determine what caused the tragedy and pursue just compensation for those left behind. Contact Altair Law today to work with a San Francisco wrongful death lawyer from our team.

What Are the Requirements to File a Wrongful Death Claim?

In California, a wrongful death claim allows certain surviving family members to seek compensation for their own losses resulting from a loved one’s death. State law strictly defines who has standing to file, and generally, parties file in the following order of priority:

The surviving spouse, registered domestic partner, or children (biological and adopted), known as the primary heirs
If there are no primary heirs, the decedent’s parents or siblings are considered secondary heirs and may file according to intestate succession laws
Certain individuals who relied on the deceased for at least 50% of their financial support may qualify as financial dependents, including putative spouses, stepchildren, dependent parents, and minors who lived in the household for at least 180 days before the death

To win a wrongful death claim, the plaintiff must prove that the individual has passed away and that the death was caused by another party’s failure to use reasonable care. The case must establish a direct link between the defendant’s actions and the death, and show that the plaintiff suffered measurable financial or emotional losses.

Case Deadlines

Most wrongful death claims must be filed within two years of the date of death. Failing to file within this window can bar the claim permanently. California law generally requires all eligible heirs to join a single lawsuit. If one heir is left out, the defendant may be able to dismiss the case or bar future claims.

Our attorneys at Altair Law handle such sensitive cases with the attention to detail they deserve, and work to ensure a wrongful death claim accounts for all eligible heirs and is filed within the correct timeline.

Establishing Liability

Wrongful death cases are uniquely complex because they require proving liability without the victim’s testimony and involve special laws that differ significantly from standard personal injury claims. Because the primary witness, the victim, is deceased, our lawyers must reconstruct the incident using forensic evidence, expert analysis, and electronic records such as GPS or cell phone data to meet the standard of proof.

Doing so not only offers answers to the loved ones of the deceased but also establishes the at-fault party’s financial liability.

Valuing the Claim

Additionally, determining the financial loss of a lifetime of future earnings and household services requires complex actuarial and economic modeling. Our wrongful death attorneys in San Francisco often hire specialists, including forensic experts, to prove exactly how the death occurred.

Our team also utilizes evidence such as the deceased’s medical records, funeral invoices, and testimony from surviving family members to ensure all damages incurred from the victim’s fatal accident are accounted for in the claim. We strive to ensure our clients receive the compensation they deserve from those responsible for their loved one’s wrongful death.

What Damages Are Recoverable in Wrongful Death Cases?

In California, a death caused by someone’s negligence or wrongdoing can lead to two separate civil claims. First, a wrongful death claim can be filed by heirs to recover their personal losses. Wrongful death damages can include compensation for:

Financial support: The income and benefits the deceased would have contributed to the family during their remaining life expectancy
Loss of gifts/benefits: Financial gifts or inheritances that heirs reasonably expected to receive
Funeral and burial expenses: All costs related to the service and interment
Household services: The monetary value of tasks the deceased performed, such as cleaning, cooking, or childcare
Loss of consortium/companionship: Compensation for the loss of love, affection, society, and protection
Loss of guidance: Moral and life training, particularly for minor children

Second, a survival action can be filed by the estate to recover the decedent’s losses before death. If a survival action is filed, a San Francisco wrongful death attorney from Altair Law can help navigate the court process to ensure damages are legally distributed to the correct beneficiaries. During an initial consultation, we listen carefully to answer our clients’ questions and help them understand their best legal options.

How Can a Lawyer Help?

At Altair Law, we understand that the successful resolution of your case requires more than just knowing the law – it requires knowing how to uncover facts to meet the legal standards. No two cases are the same. Our San Francisco wrongful death attorneys work tirelessly and team up with experts who have advanced training in engineering, accident reconstruction, and medicine. We have the resources to conduct a thorough investigation and get you the answers you deserve.

Even though most cases settle without trial, we prepare every case so that it is ready for trial, which ensures that all our clients receive the attention they deserve. In the event your case goes to trial, you can count on us to utilize the most advanced trial tactics, strategies, and technology to fight for fair and just compensation.

Contact a San Francisco Wrongful Death Attorney From Altair Law Today

If someone you love was killed and you believe their death was caused by the intentional or negligent conduct of someone else, please contact us to discuss your case with a San Francisco wrongful death lawyer.

At Altair Law, we provide free consultations, work on a contingency fee basis, and advance all case costs.