There are no words to truly capture the pain of losing a loved one. When a person is taken from you suddenly and senselessly because of someone else’s carelessness or wrongful act, the grief can be unbearable. One moment shatters your world and forces you to navigate a future filled with profound sadness, anger, and an unfathomable void.
We understand that no lawsuit can ever bring your loved one back or heal the pain of your loss. But the law can provide a path to justice. It can hold the responsible parties accountable for their actions and provide the financial security your family needs to face the future without the person you depended on. You should not face a difficult legal battle alone during this incredibly difficult time.
At The Zinn Law Firm, we are here to offer our deepest condolences and our unwavering support. As your San Francisco wrongful death lawyer, we believe grieving families deserve a compassionate ally who will handle the legal burdens with strength and sensitivity, allowing you the space to heal. We built our firm on the principle: We Care, Commit, Win. We are here to be your voice, to fight for your family, and to honor the memory of the person you lost by demanding justice.
Why Choose The Zinn Law Firm as Your San Francisco Wrongful Death Lawyer
In the aftermath of a tragedy, choosing a wrongful death attorney is an act of trust. You need a legal team with the skill and tenacity to win a difficult case and the compassion and humanity to support your family through an unimaginable time. At The Zinn Law Firm, we provide both. We understand the pain you’re experiencing and are committed to fighting tirelessly on your behalf while offering the empathy and guidance your family needs to heal and move forward.
"We Care, Commit, We Win" is our promise to you and your family.
- We Care: We know that you are not a case number. You are a family experiencing the worst moments of your lives. We approach every interaction with empathy, respect, and a deep understanding of the emotional toll of your loss. Our attorneys, Carter Zinn and Justin Powers, are dedicated to providing personal, supportive guidance to every family we represent.
- We Commit: From the moment you entrust us with your case, we commit to handling every legal detail so you can focus on your family. We will conduct a thorough investigation, deal with the aggressive insurance companies, and build a powerful case to secure the maximum possible compensation. We fight to hold the person or company whose carelessness caused this tragedy responsible for their actions.
- We Win: The Zinn Law Firm has a long and distinguished record of achieving substantial client results in the most serious and catastrophic cases. Our willingness to take cases to trial and our reputation for meticulous preparation give our clients a significant advantage. We have the experience to prove fault and the dedication to see your family’s fight through to the end.
We handle all wrongful death cases on a contingency fee, meaning you pay no legal fees unless we win your case. We will travel to you to make this process as easy as possible. You and your family deserve a law firm that will stand by your side with strength and compassion, providing dedicated support every step.
Call us at (415) 292-4100 for a free, confidential consultation with a San Francisco wrongful death lawyer who will listen with compassion.
What is a Wrongful Death Claim in California?
A wrongful death claim is a special type of lawsuit that arises when a person dies as a direct result of the negligence or wrongful act of another person, company, or entity. The deceased person’s surviving family members or heirs bring this civil claim, separate from any criminal charges.
The purpose of a wrongful death claim is not to punish the wrongdoer—that is the goal of the criminal justice system. Instead, it aims to compensate the surviving family members for the immense personal and financial losses they have suffered because of their loved one's death. It seeks financial support to replace the income, services, and companionship the deceased may have provided.
Additionally, wrongful death claims can help families cover medical bills, funeral expenses, and other unexpected costs arising from the death. By holding the responsible parties accountable, these claims provide a measure of justice and help survivors begin to rebuild their lives after a tragic loss.
Who Can File a Wrongful Death Lawsuit in San Francisco?
Not just anyone can file a wrongful death claim. California law is very specific about who has the legal right to bring this lawsuit. According to the primary wrongful death statute in California, the following parties are generally eligible to file, in order of precedence:
- The decedent’s surviving spouse
- The decedent’s domestic partner
- The decedent’s surviving children
If no one survives in the above categories, anyone entitled to the decedent’s property by intestate succession may bring a claim. This can include the decedent's parents or siblings. In some situations, other minors or dependents, such as stepchildren who were financially reliant on the decedent, can also file a claim.
California enforces a strong public policy against allowing people to profit from their wrongdoing. The law, often called the "slayer statute," explicitly prohibits a person who feloniously and intentionally kills someone from bringing or benefiting from a wrongful death lawsuit.
Wrongful Death vs. Survival Actions: Understanding Your Family's Rights
One of the most important legal concepts for families to understand is the difference between a wrongful death claim and a survival action. Although often filed together, these two separate legal claims compensate for different losses.
- Wrongful Death Action: This claim belongs to the surviving family members. It compensates the heirs for the losses they suffer because of their loved one's death. The damages cover the loss of financial support, love and companionship, guidance, and the value of household services the decedent provided.
- Survival Action: This claim belongs to the deceased person's estate. It "survives" their death and allows the estate to recover the damages that the decedent themselves claim if they had lived. This can include medical bills incurred between the accident and their death, lost earnings from not working during that period, and in some cases, punitive damages to punish the wrongdoer for extreme misconduct.
Understanding and pursuing both types of claims is essential to ensuring your family receives the full justice available under the law. An experienced wrongful death attorney at The Zinn Law Firm will simultaneously guide you through these claims, helping you manage the complexities and maximize your family’s recovery.
Compensation for the Loss of a Loved One
No amount of money can fill the void left by your loved one, but compensation recovered through a wrongful death claim provides your family the financial stability needed to move forward. The damages reflect the full scope of your economic and non-economic loss.
Compensation in a wrongful death claim can include payment for:
- Loss of Financial Support: The income and benefits the decedent earns and provides to the family over their lifetime.
- Loss of Companionship: Compensation for losing your loved one's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
- Loss of Household Services: The value of the services the decedent provided around the home, such as cleaning, cooking, childcare, and repairs.
- Funeral and Burial Expenses: The reasonable costs of your loved one's funeral and burial.
Once your case resolves, you don’t need to worry about creditors claiming the money to pay off old debts. California law provides a vital shield for grieving families by making awards from a wrongful death settlement or verdict exempt from creditors, ensuring the money is there for your family’s support.
Common Causes of Wrongful Death in the Bay Area
A fatal accident can happen in an instant, arising from countless forms of negligence. The Zinn Law Firm has the experience and resources to investigate and pursue wrongful death claims stemming from a wide variety of tragic events, including:
- Motor Vehicle Accidents: Car, truck, and motorcycle crashes are a leading cause of accidental death. According to the National Highway Traffic Safety Administration (NHTSA), thousands of lives are lost on California roads each year due to speeding, distracted driving, and driving under the influence.
- Bicycle and Pedestrian Accidents: Cyclists and pedestrians are extremely vulnerable, and vehicle collisions are often fatal. We are fierce advocates for the rights of these victims.
- Medical Malpractice: Fatal errors by doctors, surgeons, anesthesiologists, and other healthcare professionals can rob families of their loved ones. These cases require a deep understanding of both law and medicine.
- Premises Liability: A fatal fall or accident caused by a dangerous condition on someone else's property, such as a poorly maintained apartment building or a hazardous construction site.
- Defective Products: The company holds responsibility when a dangerously designed or manufactured product causes a fatal injury.
The Deadline for Filing a Wrongful Death Claim is Strict
After losing a loved one, the last thing on your mind is a legal deadline. However, the law imposes a strict time limit, known as the statute of limitations, for filing a wrongful death lawsuit. In most cases in California, your family has two years from the date of your loved one's death to file a claim.
If you fail to file a lawsuit within this two-year window, the court will almost certainly bar your claim, and your family will lose the right to seek compensation forever. While there are some very limited exceptions, speaking with an attorney as soon as possible is essential. This allows your legal team to preserve critical evidence, interview witnesses, and protect your family's right to justice.
Frequently Asked Questions About Wrongful Death Claims
Do we have to go to court? Not necessarily. Many wrongful death cases settle through negotiations with the insurance company without going to trial. However, our firm prepares every case as if it will go to court. This sends a clear message to the other side that we are ready to fight, which often leads to a better settlement offer. By being fully prepared for trial, we protect your interests and ensure you receive the justice and compensation you deserve.
What if an employer causes death at work? This situation complicates matters. While the workers' compensation system covers most on-the-job injuries, there are specific situations where a family can file a wrongful death lawsuit against an employer. California law allows for a wrongful death action against an employer when an employee’s death is caused by the employer's gross negligence or wrongful act. A wrongful death attorney can determine the proper course of action for you.
How is a settlement distributed among family members? In a wrongful death case, there is only one lawsuit, but multiple heirs—such as a spouse and several children—may have valid claims. When parties reach a settlement or win a verdict, the court fairly divides the funds among eligible family members based on their individual losses and needs. This process ensures that each heir receives compensation that reflects the unique impact the loss has had on their lives, providing financial support as they cope with their grief and adjust to the future without their loved one.
Speak With a San Francisco Wrongful Death Lawyer Today
The first step to call a personal injury lawyer can feel overwhelming, but you don’t have to carry this burden alone. The Zinn Law Firm is here to provide the compassionate support and powerful legal representation your family deserves. We will manage every aspect of the legal process so you can focus on what matters most—each other and healing together.
Please contact us for a free, confidential consultation to discuss your family’s unique situation. There is no cost or obligation. We will listen carefully to your story, answer your questions, and clearly explain how we will pursue justice for your loved one.
Call us today at (415) 292-4100 or complete our online contact form. Let our family stand with yours during this difficult time.