Losing a loved one because of another party’s negligence can leave a family facing grief, financial uncertainty, and difficult decisions. A wrongful death lawyer in San Francisco can help you pursue the compensation you need to pay your bills and more after an unexpected loss.
At Omega Law Group Accident & Injury Attorneys, we help families pursue accountability and compensation after a wrongful death. Founded in 2016, our firm has represented many clients in personal injury and wrongful death matters and will work to build a case based on the facts and evidence surrounding your loss.
You can work with a San Francisco personal injury lawyer to outline the basics of a wrongful death lawsuit in the months following a loved one’s death.
Why Trust Omega Law Group After Losing a Loved One?
After losing a loved one because of another party’s negligence, choosing legal representation can feel like another difficult decision during an already painful time.
At Omega Law Group, we’ll focus on protecting your interests, handling the legal process, and pursuing the compensation available under California law.
Millions of Dollars Won
Our team is proud to have recovered millions of dollars for past clients. Every case is different, and past results do not guarantee a particular outcome, but our track record reflects our commitment to pursuing meaningful compensation for the families we represent.
Putting Our Clients First, Always
We put our clients first by taking the time to understand what happened and how the loss has affected the family. Our approach will focus on your individual circumstances rather than treating your wrongful death case like every other claim.
No Recovery, No Fee
Our San Francisco wrongful death attorneys work on a contingency fee basis, meaning you generally do not pay attorney’s fees unless we recover compensation for you. This arrangement allows eligible families to pursue a claim without paying attorney’s fees upfront.
Since 2016
Founded in 2016, Omega Law Group has represented many individuals and families in personal injury matters. Our experience allows us to approach wrongful death cases with a focus on evidence, liability, and the damages a family may be entitled to pursue.
Compassionate Legal Support
Omega Law Group understands that a wrongful death case involves more than financial losses. We provide compassionate legal support while handling communications and investigating the circumstances of the death.
Who Can File a Wrongful Death Claim in San Francisco?
California limits who may file a wrongful death claim based on the person’s relationship to the deceased, generally in the following order of priority:
- The deceased’s surviving spouse or domestic partner
- The deceased’s surviving children
- The child(ren) of any deceased child of the deceased (meaning grandchildren may file if the parent through whom they are related is no longer living)
If none of the aforementioned parties can act on the deceased’s behalf, California law (CCP § 377.60) allows anyone who would be entitled to the deceased’s property under the laws of intestate succession to file a claim.
In addition, the following individuals may file if they were financially dependent on the deceased:
- The deceased’s stepchildren
- The deceased’s parents
- The deceased’s legal guardian, if the parents are deceased
You can work with a wrongful death attorney in San Francisco to determine whether or not you can act under the circumstances.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in San Francisco are here to help.
(310) 526-8383
Recoverable Damages in a Wrongful Death Claim
Many families debate the value of bringing a wrongful death claim forward while they’re still grieving. Unfortunately, any death puts a substantial financial burden on the people left behind.
If you hold a negligent party accountable for your loved one’s death, though, you can make that liable party help you overcome your expenses. You may specifically have the right to request financial support based on the value of losses like the following:
- Financial support: Compensation may be available for the financial support the deceased would have provided to eligible surviving family members.
- Loss of household services: A claim may account for the value of household services the deceased would have provided.
- Loss of companionship: California law permits certain eligible survivors to seek damages for the loss of the deceased’s love, companionship, and moral support.
- Funeral and burial expenses: Certain expenses related to the deceased’s funeral and burial may be recoverable.
- Medical expenses: Depending on the circumstances and type of claim, medical expenses related to the fatal injury may be recoverable.
- Pre-death losses: A survival action may allow recovery of certain damages arising from the decedent’s injuries before death.
The specific damages available depend on the facts of the case, the person bringing the claim, and whether the claim is brought as a wrongful death action, survival action, or both.
Our wrongful death attorneys in San Francisco can help you establish the value of your relevant losses before submitting your claim.
Common Causes of Wrongful Death in San Francisco
Wrongful death can result from many types of accidents and negligent conduct. Some common circumstances that may lead to a wrongful death claim include:
- Car accidents: Negligent driving, including speeding, distracted driving, or impaired driving, can cause fatal crashes.
- Truck accidents: Collisions involving commercial trucks can result in fatal injuries because of the size and weight of these vehicles.
- Pedestrian accidents: A pedestrian may suffer fatal injuries after being struck by a negligent driver.
- Motorcycle accidents: Motorcyclists can face serious risks when other motorists fail to see or safely share the road with them.
- Premises liability incidents: Dangerous conditions on a property may contribute to fatal falls or other accidents in some circumstances.
- Medical negligence: Certain negligent medical treatment or failures in care may result in a patient’s death.
- Defective products: A dangerous or defective product may cause fatal injuries, potentially creating liability for responsible parties.
- Workplace accidents: Fatal workplace incidents may give rise to legal claims depending on the circumstances and applicable laws.
Determining whether negligence contributed to a death requires careful examination of the facts and available evidence. A San Francisco wrongful death lawyer can investigate the circumstances surrounding a fatal accident and help you understand your options.
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in San Francisco are here to help.
(310) 526-8383
How Long Do You Have to File a Wrongful Death Claim in California?
According to CCP § 335.1, California generally requires a wrongful death action to be filed within two years of the person’s death, although important exceptions and different deadlines can apply depending on the circumstances.
For example, claims involving government entities can be subject to much shorter deadlines, while certain medical malpractice cases can involve different rules and statutes of limitations.
Survival actions can also have different filing deadlines depending on when the decedent died and when the cause of action arose. Because missing an applicable deadline can prevent a family from pursuing a claim, it is important to evaluate the circumstances promptly.
Did your loved one suffer a
wrongful death?
(310) 526-8383
Wrongful Death vs. Survival Action in California
A wrongful death claim and a survival action are separate legal actions that address different losses after a person’s death.
A wrongful death claim is generally brought by eligible surviving family members for losses caused by the death, while a survival action allows the decedent’s personal representative or successor in interest to pursue certain claims the deceased could have pursued had the person survived.
In a wrongful death case, eligible heirs or other qualifying persons may seek damages for losses resulting from the death. A survival action, by contrast, concerns claims belonging to the decedent’s estate and may include certain damages the decedent incurred before death.
Murder Charges vs. a Wrongful Death Case
Homicide, manslaughter, and roadway negligence can all see a liable party face accusations of criminal misconduct. How do these charges differ from a wrongful death case, though?
Only the state of California can initiate a criminal investigation into the conduct of one of its residents. You cannot move a criminal case forward, but you can contribute to it. Criminal prosecutors may request your testimony in an effort to hold a reckless party accountable for their misconduct.
On the other hand, a wrongful death claim allows you and your family to demand compensation from the liable party. Civil attorneys base the compensation you request on the value of the losses you sustained when a loved one passed. While this money can never replace your loved one, your claim can help your family recover from the loss financially.
Our San Francisco Wrongful Death Lawyers Can Oversee Your Case
You are under no obligation to retraumatize yourself after a loved one’s death. If you want to take action in civil court but want to minimize your contact with a liable party or triggering information, you can rely on a wrongful death lawyer in San Francisco. Omega Law Group can oversee the investigation.
We have years of experience helping families like yours uphold the standard of proof needed to move a wrongful death claim forward. Our efforts can uncover the negligence that caused your loved one’s death, meeting and often exceeding the “preponderance of the evidence” standard.
You can meet with our team following a loved one’s death to discuss how we can best help you financially recover. You can count on our team to mediate with a liable party, insurance claims adjusters, and all other parties who may attempt to put a damper on your right to recover.
We’ll Prioritize Your Financial Well-Being as Well as Your Emotional Health
The legal services that Omega Law Group offers grieving families come on a contingency fee basis. We will not put additional stress on your finances. Instead, our attorneys only get paid if we win your case.
Even then, your first case evaluation with our team comes free of charge. We will not force you to move a case forward.
Get a Free Consultation With a San Francisco Wrongful Death Attorney
Filing a wrongful death claim on behalf of a departed loved one allows you to hold a negligent party accountable for the injustice you and your family are still overcoming. Our wrongful death lawyers in San Francisco stand ready to help you take action while also preserving your right to private grief.
Omega Law Group has helped many clients recover financial support after life-changing personal injury accidents and wrongful deaths. You can book a free consultation with our team today to discuss how we can tailor our services to your upcoming case. Visit our FAQ page to learn more.
