Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can endure. In the middle of grief, you may find yourself facing medical bills, funeral costs, lost income, and the pressure of insurance companies who are already working to minimize what your family is owed.
The Law Office of John J. Roach represents surviving families in wrongful death cases throughout San Francisco and the Bay Area. Attorney John J. Roach brings over 17 years of trial experience, a record of recovering more than $25 million for injured clients and their families, and a genuine commitment to fighting for justice during the hardest time of your life. I handle every wrongful death case personally — you will never be handed off to a junior associate.
I work on a pure contingency-fee basis. You pay nothing unless we win. Call 415-851-4557 for a free, compassionate consultation. I am available evenings, weekends, and can come to you.
Who Can File a Wrongful Death Claim in California?
Under California Code of Civil Procedure Section 377.60, the following parties may bring a wrongful death claim: surviving spouse or domestic partner, surviving children, surviving grandchildren if the deceased’s children are also deceased, and other dependents who were financially dependent on the deceased.
Understanding California Wrongful Death Law
California wrongful death law is governed by Code of Civil Procedure Section 377.60. A wrongful death claim arises when a person is killed as a result of the wrongful act, neglect, or default of another person or entity. The claim belongs to the surviving family members — not the deceased’s estate — and compensates them for their own losses resulting from the death.
Wrongful Death vs. Survival Action California allows two separate claims to be filed simultaneously following a fatal accident. A wrongful death claim compensates surviving family members for their losses — the financial support, companionship, and guidance they will no longer receive. A survival action is filed on behalf of the deceased’s estate and recovers damages the deceased personally suffered before death, including pain and suffering, medical expenses, and lost earnings between the injury and the time of death.
Understanding the difference matters enormously for maximizing your family’s total recovery. I evaluate both claims in every wrongful death case I handle.
Who Bears the Burden of Proof In a civil wrongful death case, the burden of proof is “preponderance of the evidence” — meaning it is more likely than not that the defendant’s negligence caused the death. This is a significantly lower standard than the “beyond a reasonable doubt” standard in criminal cases. A defendant can be found liable in a civil wrongful death case even if they were acquitted criminally — as the O.J. Simpson civil trial famously demonstrated.
Government Entities If your loved one was killed due to a dangerous condition on a government-maintained road, a Muni or BART accident, or any other incident involving a public entity, a government tort claim must be filed within six months of the death. Missing this deadline can permanently bar your family’s recovery. Contact us immediately if a government entity may be involved.
What Compensation Can Surviving Families Recover?
A wrongful death claim can recover compensation for funeral and burial expenses, medical expenses incurred before death, lost financial support the deceased would have provided, loss of household services, loss of love, companionship, comfort, and moral support, and loss of training and guidance for surviving children.
How Wrongful Death Cases Are Valued in San Francisco
Wrongful death cases in California involve two categories of damages, and understanding both is essential to pursuing full compensation for your family.
Economic Damages These are the quantifiable financial losses your family has suffered and will continue to suffer:
- Lost financial support — The income your loved one would have earned over their remaining working life, reduced to present value. In San Francisco’s high-income economy, this figure can be substantial, particularly for younger victims or high-earning professionals.
- Lost household services — The monetary value of cooking, childcare, home maintenance, and other services the deceased provided.
- Medical and funeral expenses — Bills incurred from the time of injury to the time of death, plus reasonable funeral and burial costs.
- Lost gifts and benefits — Financial gifts, inheritance, and other benefits the family would have received.
Non-Economic Damages These are the losses that cannot be reduced to a dollar figure but are equally real and compensable under California law:
- Loss of love, companionship, comfort, care, assistance, protection, and affection
- Loss of moral support and guidance
- Loss of training and guidance for surviving minor children
- The grief, sorrow, and mental anguish of surviving family members
California does not cap non-economic damages in wrongful death cases (unlike medical malpractice cases). In cases involving the death of a parent of young children, a spouse, or a primary financial provider, non-economic damages can be among the largest components of the total recovery.
Factors That Drive Case Value
- The deceased’s age, health, and life expectancy
- The deceased’s income, occupation, and earning trajectory
- The number and ages of surviving dependents
- The strength of the family relationships
- The egregiousness of the defendant’s conduct (relevant to punitive damages)
- Whether a survival action can be pursued simultaneously
Common Causes of Wrongful Death Cases
Car, truck, and motorcycle accidents, pedestrian and bicycle accidents, premises liability including dangerous property conditions, dog attacks, medical malpractice, workplace accidents, and defective products.
How to Prove a Wrongful Death Case in California
To succeed in a wrongful death claim, four elements must be established:
1. The defendant owed a duty of care to the deceased. All drivers owe a duty to operate their vehicles safely. Property owners owe a duty to maintain safe conditions. Employers owe a duty to provide safe workplaces. I identify every party who owed a duty of care and examine whether each one fulfilled it.
2. The defendant breached that duty. A breach occurs when someone fails to act as a reasonably careful person would under the same circumstances — running a red light, texting while driving, failing to repair a known hazard, or disregarding safety regulations.
3. The breach caused the death. Causation must be established both factually (the breach was a direct cause of the death) and legally (the death was a foreseeable result of the breach). I use accident reconstruction experts, medical examiners, and engineering specialists to establish causation conclusively.
4. The surviving family members suffered damages. I document every category of economic and non-economic loss with financial experts, vocational economists, and testimony from family members, friends, and colleagues who can speak to the depth of the loss.
Why Choose John J. Roach?
John J. Roach has over 17 years of trial experience fighting for injury victims and their families in San Francisco and the Bay Area. He has recovered over $25 million for clients, including multi-million-dollar settlements in catastrophic injury and wrongful death cases. As a solo practitioner, John personally handles every case and provides compassionate, dedicated representation during the most difficult time of your family’s life.
The Wrongful Death Claims Process: What Your Family Can Expect
I understand that the last thing grieving families want to think about is legal process. Here is a straightforward overview of what happens when you hire the Law Office of John J. Roach:
Step 1 — Free Consultation I listen to your family’s story, explain your legal options clearly, and give you an honest assessment of the case. There is no obligation and no cost.
Step 2 — Immediate Investigation Evidence disappears quickly after a fatal accident. I act immediately to preserve surveillance footage, secure black-box data, collect witness statements, request police and autopsy reports, and document the scene. Speed is critical.
Step 3 — Identifying All Liable Parties Wrongful death cases often involve multiple defendants — the at-fault driver and their employer, a rideshare company, a vehicle manufacturer, a property owner, or a government entity. I investigate every angle to maximize the pool of recovery available to your family.
Step 4 — Documenting Your Family’s Losses I work with economists, vocational experts, and life-care planners to quantify every element of your family’s damages — past and future — so that no loss goes uncompensated.
Step 5 — Demand and Negotiation I present a comprehensive demand to the insurance company. Wrongful death insurers routinely make low early offers to grieving families hoping to close the claim quickly. I negotiate from a position of complete preparation and refuse to accept anything less than full value.
Step 6 — Lawsuit and Litigation (If Needed) If the insurer refuses fair compensation, I file suit in San Francisco Superior Court. Most wrongful death cases settle during litigation once the insurer understands I am fully prepared to try the case.
Step 7 — Resolution Every disbursement is explained clearly and in detail before you sign anything. I walk your family through exactly what you are receiving and why.
How Insurance Companies Fight Wrongful Death Claims
Insurance companies treat wrongful death claims as financial liabilities to be minimized — not families to be made whole. These are the tactics they use most often:
Early Low Offers Within days or weeks of a death, insurers will contact surviving family members with settlement offers. These early offers are almost always a fraction of what the case is worth. They are designed to close the claim before a family has time to understand their rights or hire counsel. I tell every family: do not sign anything until you have spoken with us.
Attacking the Deceased Insurers will investigate the deceased’s past — prior accidents, health conditions, employment history, financial situation — looking for anything to reduce the perceived value of the life lost. I anticipate these tactics and build a complete, humanizing picture of your loved one’s life, relationships, and contributions.
Disputing Causation In cases where the cause of death is not immediately clear — delayed deaths following injury, medical complications, or multi-factor accidents — insurers argue that their insured did not cause the death. I work with forensic experts and medical specialists to establish the causal chain conclusively.
Minimizing Dependence If surviving family members have independent income or the financial relationship with the deceased was not formally documented, insurers argue the financial loss is minimal. I document every form of support — financial, emotional, practical — that the deceased provided.
Frequently Asked Questions
How long do I have to file a wrongful death claim in California?
California’s statute of limitations for wrongful death claims is generally two years from the date of death. In some cases involving government entities, the deadline may be as short as six months. Contact us immediately to protect your rights.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by surviving family members for their own losses. A survival action is brought on behalf of the deceased’s estate for damages the deceased suffered before death, such as pain and suffering and medical expenses. Both claims can often be pursued simultaneously.
How much is a wrongful death case worth in California?
Every case is different. The value depends on the deceased’s age, income, life expectancy, the number of dependents, and the circumstances of the death. Contact us for a free case evaluation.
Do I need an attorney for a wrongful death claim?
Wrongful death cases are complex and insurance companies will aggressively minimize your claim. An experienced trial attorney like John J. Roach can investigate the case, identify all liable parties, and fight for the full compensation your family deserves.
Serving Families Throughout San Francisco and the Bay Area
I represent grieving families from every corner of San Francisco and the surrounding Bay Area. Whether your loved one was killed in a car accident in the Richmond District, a pedestrian accident in SoMa, a construction accident near Civic Center, a bicycle accident in the Marina District, or anywhere else in the city, I am here to help. View all areas we serve.
Contact a San Francisco Wrongful Death Attorney Today
I understand this is an incredibly difficult time. Call (415) 851-4557 for a free, compassionate consultation. Available 24/7. No fee unless we win.
Related Practice Areas
If you were injured in another type of accident, I can help. I also represent clients in Dog Bite Cases and Slip & Fall Accidents throughout San Francisco and the Bay Area.