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San Francisco Wrongful Death Lawyers

Losing a loved one due to someone else’s negligence or wrongdoing is one of life’s most devastating experiences. While no amount of compensation can replace your loss, pursuing a wrongful death claim can help bring closure and financial stability during a difficult time.

At Silva Injury Law, we are here to guide and support you through this journey. As a trusted San Francisco wrongful death lawyer, we are committed to helping families seek justice and hold negligent parties accountable.

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From the moment I called Michael for guidance after our accident I felt like we were family.

Lori F.

The whole team makes you feel informed and confident.

Debbie M.

My attorney was exceptionally knowledgeable, so kind with my children and explained the process so well. 

Tiffany M.

They were the best advocates for me and the process felt smooth the whole way through.

Tanisha M.

They made sure all of my doctor’s appointments were taken care of and that I had the best care.

Azsah R.

Most sincere thanks to the Silva Injury Law team for guiding me through this very difficult process.

Brandi P.

What Is a Wrongful Death Claim?

Under California law, a wrongful death occurs when the negligence, recklessness, or intentional actions of another party cause a person’s death. 

Common causes of wrongful death include:

  • Car accidents—drunk driving, reckless driving, or distracted driving;
  • Medical malpractice—misdiagnoses, surgical errors, or medication mistakes;
  • Workplace accidents—unsafe working conditions or equipment failures;
  • Defective products—faulty machinery, consumer goods, or pharmaceuticals; and
  • Premises liability—dangerous property conditions leading to fatal accidents.

Certain family members have the right to file a wrongful death claim in California. A successful claim can help secure compensation for financial and emotional losses.

How a San Francisco Wrongful Death Lawyer Can Help

Navigating a wrongful death case can be overwhelming, especially while grieving. Silva Injury Law provides the legal experience, compassion, and guidance you need. Here’s how we help:

  • Comprehensive investigation. We gather evidence, interview witnesses, and consult experts to build a strong case.
  • Strategic negotiation. Our team works tirelessly to negotiate fair settlements with insurance companies.
  • Trial representation. We are prepared to take your case to court to fight for justice if necessary.

Our personalized approach ensures that your family’s needs are prioritized at every stage. As an experienced wrongful death attorney in San Francisco, Silva Injury Law is committed to easing your burden while pursuing the compensation you deserve.

Who Can File a Wrongful Death Lawsuit in California?

California law specifies who is eligible to file a wrongful death lawsuit. 

The following parties can typically bring a claim:

  1. Spouses or domestic partners of the deceased;
  2. Children of the deceased;
  3. Other minor children (such as stepchildren) who depended on the deceased for at least 50% of their support;
  4. Other dependents or heirs, such as parents or siblings, if no immediate family members exist; and
  5. Any other parties entitled to the deceased’s estate under California’s intestate succession laws.

Our team helps families understand their legal standing and ensures all eligible parties are included in the claim. As trusted San Francisco wrongful death lawyers, we guide families through this process with care and clarity.

Common Causes of Wrongful Death

Wrongful death claims arise from a wide range of incidents.
Some of the most common scenarios include:

  • Motor vehicle accidents. Negligence from drivers, including speeding, DUIs, or distracted driving, often results in fatal collisions.
  • Medical malpractice. Errors by healthcare professionals, such as incorrect diagnoses or surgical mistakes, can lead to unnecessary harm or loss of life.
  • Workplace accidents. Unsafe working environments or improper equipment maintenance can create deadly situations.
  • Defective products. Faulty consumer goods or manufacturing defects can cause fatal injuries.
  • Premises liability. Hazardous conditions on someone’s property, such as unmarked hazards or lack of security, may lead to deadly accidents.

Silva Injury Law has extensive experience handling these complex cases. As a dedicated San Francisco wrongful death law firm, we work to protect your family’s rights.

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We can help you. Here’s how: 

Your 3-Step plan to get through it:

1

Tell Us Your Story

Contact us 24/7 to get an immediate, no-obligation consultation. We will listen to your story and give you our best legal advice.

2

Put Your Case in Our Hands

If you have a viable claim, we’ll offer to represent you on a contingency fee basis, meaning you pay nothing out of pocket. 

3

Heal. Recover. Move Forward.

We’ll handle every aspect of your case so that you can focus on healing from the damage that’s been done.

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San Francisco Wrongful Death Attorneys

Types of Compensation Available in a Wrongful Death Claim

Financial compensation can alleviate some of the burdens families face after losing a loved one. 

In a wrongful death claim, families may recover:

  • Economic damages for funeral expenses and financial support the deceased would have provided;
  • Noneconomic damages for loss of companionship; and
  • Punitive damages in cases of egregious negligence or intentional harm.

If the wrongful death claim results from medical malpractice, there is a cap on noneconomic damages. However, the cap will increase every January 1 until it reaches one million dollars. Please speak with a San Francisco wrongful death attorney to better understand what compensation your family is entitled to receive.

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Recent Results

$500,000

CAR VS. PEDESTRIAN

$500,000

CAR VS. PEDESTRIAN

$5,400,000

PREMISE LIABILITY

$1,800,000

REAR-END CAR ACCIDENT

$1,000,000

CAR ACCIDENT

$997,000

MVA

$993,971

MVA

$993,971

MVA

Stories of Triumph

Discover how Silva Injury Law clients Martin, Helen, and Jammie transformed their setbacks into victories with our guidance.

Martin'a Story

How Martin Earned a 6-Figure Settlement After a Car Accident

Jammie's Story

How Jammie Achieved Justice After a Restaurant Slip-and-Fall

Ricky's Story

How Ricky secured justice and financial relief after a work injury.

Survival Actions and Their Role in Wrongful Death Claims

In addition to wrongful death claims, families may pursue survival actions in California. While a wrongful death claim focuses on the family’s losses due to the death of a loved one, a survival action seeks to address the losses and injuries the deceased suffered before their death. These two legal avenues ensure that families can pursue comprehensive justice and compensation.

How Wrongful Death Claims and Survival Actions Differ

There are some key differences between pursuing a wrongful death claim and a survival action. A wrongful death claim compensates surviving family members for their losses, such as financial support, companionship, and emotional suffering. Close family members, such as a surviving spouse or child, file the claim. Compensation includes economic damages, such as funeral expenses, and noneconomic damages, such as loss of companionship.

With a survival action, the deceased’s estate can recover compensation for the damages the deceased could have pursued if they had survived. The estate executor or administrator is the one to file a survival action. Compensation in a survival action includes the decedent’s medical bills, lost wages, and more.

Previously, noneconomic damages, such as the decedent’s pain and suffering, were not recoverable in a survival action. However, a temporary change in the law allows for pain and suffering, provided the case is filed between January 1, 2022 and December 31, 2025.

Proving Liability in a Wrongful Death Case

To succeed in a wrongful death claim, you must prove the following elements:

  1. Duty of care. The defendant was responsible for acting reasonably to prevent harm.
  2. Breach of duty. The defendant failed to meet this obligation through negligence, recklessness, or intentional actions.
  3. Causation. The breach directly caused the death of your loved one.
  4. Damages. Their death resulted in financial and emotional losses.

Our experienced team uses evidence such as medical records, accident reports, and expert testimony to build a compelling case. As a seasoned San Francisco wrongful death lawyer, we work diligently to establish liability and secure justice for your family.

Challenges in Wrongful Death Cases

Wrongful death claims can be complex and emotionally taxing. 

Families often face challenges such as:

  • Insurance disputes. Companies may attempt to minimize or deny claims, arguing the deceased was at fault.
  • Proving causation. Establishing a direct link between negligence and fatality can require substantial evidence.
  • Emotional strain. The grieving process can make legal proceedings overwhelming.

Our compassionate approach helps families overcome these obstacles. We handle the legal complexities so you can focus on grieving. As your trusted San Francisco wrongful death lawyers, we will stand by your side throughout the process.

Statute of Limitations for Wrongful Death Claims in California

In California, families typically have two years from the date of their loved one’s death to file a wrongful death lawsuit. 

Exceptions may extend this timeframe in certain circumstances, such as cases involving:

  • Discovery of new evidence,
  • Delayed recognition of negligence, or
  • Minors.

It is crucial to act promptly to preserve evidence and protect your rights. Consult a San Francisco wrongful death lawyer at Silva Injury Law to ensure your case is filed within the legal deadlines.

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
-- Abraham Lincoln

Why Choose Silva Injury Law?

Choosing the right law firm is essential when pursuing a wrongful death claim. 

At Silva Injury Law, we offer:

  • Compassionate representation. We prioritize your family’s needs and handle your case with care and respect.
  • Proven results. Our track record of success demonstrates our commitment to justice.
  • Personalized attention. Each case receives tailored strategies designed to achieve the best possible outcome.

When you work with Silva Injury Law, you gain an advocate who understands the gravity of your loss and helps you find closure. As a leading San Francisco wrongful death law firm, we are here to fight for justice on your behalf.

Wrongful Death Claim FAQs

Losing a loved one can raise many questions, especially when considering legal action. Below, we address some common questions families have about wrongful death claims in California to help you better understand the process.

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

In California, the statute of limitations for wrongful death claims is generally two years from the date of the person’s death. However, exceptions may extend this timeframe, such as cases involving minors or new evidence of negligence. It’s essential to consult an attorney promptly to protect your rights.

Who Can File a Wrongful Death Lawsuit in California?

Eligible parties include spouses, domestic partners, children, and sometimes parents or siblings if no closer family members are available. The law ensures that only those directly impacted by the loss can pursue compensation.

What Types of Damages Are Recoverable in a Wrongful Death Case?

Damages in a wrongful death case can include funeral expenses, lost financial support, and noneconomic damages like loss of companionship. Additional damages like medical bills and lost wages incurred before death may be recoverable in a survival action.

How Can a Lawyer Help with a Wrongful Death Case?

An experienced wrongful death lawyer provides guidance and support, from investigating the incident and gathering evidence to negotiating settlements or representing your family in court. They work to protect your rights and ensure your family’s story is heard.

Contact a San Francisco Wrongful Death Lawyer Today

If you have lost a loved one due to someone else’s negligence, Silva Injury Law is here to help. Contact us today for a free, compassionate consultation with an experienced San Francisco wrongful death lawyer. Let us guide your family toward justice and financial recovery. Call now to take the first step in honoring your loved one’s memory.

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Get Answers from Our Blog

At Silva Injury Law, we believe that knowledge is power. Our blog and resource center are designed to equip you with the information you need to navigate your personal injury case with confidence.
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How to File a Wrongful Death Lawsuit in California
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