San Francisco, CA Wrongful Death

Wrongful Death in San Francisco. California law, local courts, and the specific deadlines that apply here.

San Francisco wrongful death cases reflect the city's unique combination of Muni vehicle fatalities, pedestrian and cyclist fatalities on the Vision Zero HIN corridors, and commercial vehicle accidents on the Bay Bridge approaches. Muni fatalities require government tort claims against the City and County of San Francisco with a six-month deadline before any lawsuit can be filed.

Written by Jayson Elliott, J.D.  ·  California-Licensed Attorney & Legal Writer Updated April 2026
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This page provides general legal information about wrongful death cases in San Francisco, California. It is not legal advice. Consult a licensed California attorney for guidance specific to your case.

Wrongful Death in San Francisco

San Francisco wrongful death cases reflect the city's unique combination of Muni vehicle fatalities, pedestrian and cyclist fatalities on the Vision Zero HIN corridors, and commercial vehicle accidents on the Bay Bridge approaches. Muni fatalities require government tort claims against the City and County of San Francisco with a six-month deadline before any lawsuit can be filed.

California Law That Applies

CCP § 377.60 heirs standing. Two-year SOL from date of death. Six-month city tort claim for Muni, SFPW, or City and County of San Francisco vehicle or infrastructure cases. Government Code § 985 caps non-economic damages at $250K for government entity defendants.

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by the decedent's surviving spouse, domestic partner, children, and issue of deceased children.

Courts and Procedures in San Francisco

SF Superior Court, Civic Center Courthouse. 18–30 month trial timelines.

Primary Courthouse

Civic Center Courthouse

400 McAllister St, San Francisco, CA 94102  ·  Unlimited Civil Division

FAQs — Wrongful Death in San Francisco

Who can file a wrongful death lawsuit in San Francisco?

Under Code of Civil Procedure section 377.60, the decedent's surviving spouse, domestic partner, children, and the issue of deceased children have standing to bring a wrongful death claim in San Francisco. If there are no surviving spouse, domestic partner, or children, persons entitled to inherit under intestate succession may file. Financial dependents who were not intestate heirs may also have standing if they can establish financial dependency on the decedent.

What is the statute of limitations for wrongful death in San Francisco?

The statute of limitations for a wrongful death claim in San Francisco is two years from the date of death under CCP section 335.1 — measured from the death date, not the accident date. Claims against the City and County of San Francisco or SFMTA require a government tort claim within six months of death under Government Code section 945.4. Missing either deadline permanently bars the claim.

What damages can heirs recover in a San Francisco wrongful death case?

Heirs in a San Francisco wrongful death case can recover the present value of the financial support the decedent would have provided, the monetary value of household services, funeral and burial expenses, and non-economic damages including loss of love, companionship, affection, guidance, and moral support. California does not cap non-economic damages for private party defendants. Government entity defendants are subject to a $250,000 non-economic cap under Government Code section 985.

Also in San Francisco

Other Accident Types in San Francisco

Find a Wrongful Death Attorney in San Francisco

This page is educational. To find a licensed California attorney who handles wrongful death cases in the San Francisco area, use these verified directories.