Losing a loved one in an accident is a devastating event in the life of a family. As you are dealing with your grief, you may need the help of a personal injury attorney to begin the legal process of seeking compensation for your loss. A San Francisco wrongful death lawyer at The Law Office of Scott R. Herndon can help your family.
State law establishes a specific hierarchy of individuals who can file wrongful death lawsuits. The surviving spouse or domestic partner has primary standing to bring wrongful death claims seeking compensation for their loss.
Children of the deceased, including biological, adopted, and, in some cases, financially dependent stepchildren, can file wrongful death actions. If there is no surviving spouse or children, the deceased’s parents may file claims.
The state also allows other dependents who can prove financial reliance on the deceased to file wrongful death lawsuits. This includes putative spouses, children of putative spouses, stepchildren, and parents who were financially dependent on the decedent.
Personal representatives of the estate can file survival actions, which differ from wrongful death claims by seeking damages the deceased would have recovered if they had survived.
Multiple eligible parties can join together in a single lawsuit. The wrongful death statute is designed to compensate those who suffered genuine financial and emotional losses from the death of a loved one. A negligent death attorney in San Francisco can help determine your family’s eligibility to file a claim.
Winning a wrongful death lawsuit requires proving four core elements:
Lawyers build strong cases on medical records, accident reports, witness statements, expert testimony, and any documentation that establishes what the defendant knew or should have known. Surveillance footage and crash reconstruction analysis can be decisive in cases involving vehicles. Expert medical witnesses are essential in medical malpractice wrongful death cases.
Under the statute of limitations, the state also requires that you file a claim within two years of the date of death, with limited exceptions. Missing this deadline generally bars recovery entirely. Working with an attorney experienced in San Francisco wrongful death claims from the start gives families the best chance of preserving evidence and building a case that withstands scrutiny in court.
If you can prove that someone else was responsible for your loved one’s death, your family may be eligible for substantial compensation. Your payment in a wrongful death case attempts to establish a dollar value on what your loved one meant to the family. As difficult as it may seem, you must have this calculation to receive compensation. Your wrongful death settlement or award can include payment for the following:
These damages are subjective in nature, and they are not always easy to prove. Your San Francisco negligent death lawyer will work diligently to quantify the value of your case.
The Law Office of Scott R. Herndon provides legal representation to families seeking justice through wrongful death claims. We understand your grief and work to hold responsible parties accountable while securing compensation for your family. You do not have to navigate this difficult time alone. If you need a San Francisco wrongful death lawyer, contact us today online or by phone for a free initial consultation.
