San Francisco Wrongful Death Attorney

Attorney Michael Rehm — (800) 978-0754

San Francisco Wrongful Death Attorney

San Francisco recorded 26 traffic deaths in 2023, according to the San Francisco Department of Public Health Vision Zero 2023 End of Year Report. Seven of those deaths resulted from hit-and-run crashes. Over one-third of those killed were 65 years of age or older. Traffic deaths are one category of wrongful death claim filed in San Francisco Superior Court. The broader category encompasses deaths caused by any negligent or wrongful act — including medical negligence, premises liability, product defects, and criminal conduct by a third party.

Attorney Michael Rehm represents families of people killed through the negligence of others throughout San Francisco and San Francisco County. Wrongful death claims are filed in San Francisco Superior Court, 400 McAllister Street.

Who May Bring a Wrongful Death Claim in California

California's wrongful death statute, Code of Civil Procedure § 377.60, grants standing to the decedent's surviving spouse or domestic partner, the decedent's surviving children, and the surviving children of any deceased child of the decedent. If there is no surviving spouse, domestic partner, or children, the persons who would be entitled to the decedent's property under intestate succession may bring the claim — which can include parents, siblings, and other family members depending on the circumstances.

A wrongful death action is distinct from a survival action. A survival action under Code of Civil Procedure § 377.30 is brought by the decedent's estate and recovers damages the decedent suffered between the time of injury and death — including pain, suffering, and economic losses incurred during that period. Both claims can be pursued simultaneously.

Damages in California Wrongful Death Cases

Wrongful death damages in California are governed by Code of Civil Procedure § 377.61, which authorizes recovery of damages proportionate to the injury resulting from the death. The damages available include the financial support the decedent would have contributed to the family, the reasonable value of household services the decedent would have provided, and the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Funeral and burial expenses are also recoverable.

California wrongful death law does not permit recovery for grief, sorrow, or mental anguish in the wrongful death action itself. The loss of companionship and support claims, particularly in cases involving the death of a parent of young children, can be substantial. The economic analysis of lost support requires projecting the decedent's likely earnings and career trajectory over the years they would have lived.

Wrongful Death from Traffic Accidents in San Francisco

Traffic accident wrongful death cases in San Francisco frequently involve multiple potential defendants. The driver who caused the crash is the primary defendant. If the driver was operating a commercial vehicle in the scope of employment, the employer bears vicarious liability. If the driver was operating a Muni vehicle, the claim is against SFMTA as a public entity subject to the government tort claim requirement under Government Code § 911.2 within six months of the death. If a road defect or dangerous condition contributed to the crash, the City and County of San Francisco may bear liability under Government Code § 835.

Government Claims Requirements

When a wrongful death claim is asserted against the City and County of San Francisco, SFMTA, or any other public entity, a government tort claim must be filed within six months of the date of death under Government Code § 911.2. This deadline is independent of and shorter than the general wrongful death statute of limitations. Missing the six-month government claim deadline can potentially bar a lawsuit against any public entity defendant. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Statute of Limitations

Wrongful death claims are subject to the two-year statute of limitations under Code of Civil Procedure § 335.1, running from the date of death. Tolling doctrines including the discovery rule, minority tolling for surviving minor children, and fraudulent concealment may apply. Whether a particular deadline has run or is subject to tolling requires individual analysis.

Attorney Michael Rehm represents families of wrongful death victims throughout San Francisco on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

San Francisco Wrongful Death Attorney

Attorney Michael Rehm — (800) 978-0754