Lost a loved one in a San Rafael accident? A wrongful death lawyer can explain your family’s options

The Law Offices of J. Chrisp helps families in San Rafael who have lost a loved one because of someone else’s carelessness. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

The firm has recovered over $350 million for clients since 2010. The sections below cover the firm’s wrongful death results, first steps for a family, who can file, how a wrongful death claim differs from a survival action, the damages a family can recover, how fault works, the deadlines and the Marin County agencies and court involved.

Table of Contents

My family member was killed in a crash in San Rafael. Who has the right to bring a claim?

California law gives that right first to the closest family: the surviving spouse or domestic partner, the children, and the children of a child who has died (Code of Civil Procedure section 377.60). If there are no surviving children or grandchildren, it passes to the people who would inherit under state law, and some dependents can also bring a claim. The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee, and there is no fee unless we win.

Wrongful death results

Results the firm has obtained in wrongful death cases, as shown on chrisplaw.com and its case results page, include:

$4,000,000 in a wrongful death case.
$2,250,000 in a wrongful death case.
$2,250,000 in a Valley Fire wrongful death case.
$1,250,000 in a wrongful death case.

Every case is different, and prior results do not guarantee a similar outcome.

First steps for a family in San Rafael

A family does not have to make every decision right away. A few steps can protect the family’s options:

Keep any letters, bills and insurance papers you receive.
Ask for the report number from the agency that responded.
Do not sign a release or give a recorded statement to an insurance company before you have legal advice.
Write down the names of anyone who saw what happened.

Who can file a wrongful death claim in California

Under Code of Civil Procedure section 377.60, a wrongful death claim can be brought by these people, or by the personal representative of the person who died on their behalf:

The surviving spouse or domestic partner, the children, and the children of a child who has died. If there are no surviving children or grandchildren, the people who would inherit the person’s property under the rules of intestate succession.
Whether or not they are in the first group, certain people who depended on the person who died: a putative spouse, the putative spouse’s children, stepchildren, and parents.
A minor who lived in the person’s household for the 180 days before the death and received at least half of their support from that person.

Wrongful death claim and survival action

A wrongful death claim is the family’s own claim for what they have lost. A survival action is different: it is the claim the person who died could have brought, and it passes to their successor in interest. The personal representative of the estate brings it, or the successor in interest if there is no personal representative (Code of Civil Procedure section 377.30).

In a survival action, damages are generally limited to the losses the person had before death, such as medical bills and lost earnings, and can include punitive damages the person could have recovered. Damages for the person’s pain, suffering or disfigurement are not recoverable (Code of Civil Procedure section 377.34). A temporary exception allowed those damages in survival actions filed on or after January 1, 2022, and before January 1, 2026. That exception does not cover actions filed in 2026 or later.

Damages a family can recover

California’s jury instruction on the death of an adult (CACI No. 3921) lists two kinds of damages in a wrongful death claim.

Economic damages include:

the financial support the person would have given the family
gifts or benefits the family would reasonably have expected
funeral and burial expenses
the reasonable value of household services the person would have provided

Non-economic damages are for the loss of the person’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. The instruction tells the jury not to award damages for the family’s grief or sorrow, or for the pain and suffering of the person who died.

How fault works in a wrongful death claim

California uses pure comparative fault, set out in Li v. Yellow Cab Co. (1975). If the person who died was partly at fault, the family can still recover, and the amount is reduced in proportion to that share (Horwich v. Superior Court (1999)). When several defendants share fault, each pays non-economic damages only in proportion to its own share (Civil Code section 1431.2).

Deadlines for a San Rafael wrongful death claim

Deadline	What it controls	Source
6 months	Written claim for a death against a public entity, such as the City of San Rafael, the County of Marin or the state. It is due within six months after the claim arises (accrues). A late-claim application is possible within limits.	Government Code section 911.2; section 911.4
6 months after notice	Lawsuit after a public entity gives written notice rejecting the claim	Government Code section 945.6
2 years	Most wrongful death lawsuits	Code of Civil Procedure section 335.1

Marin County agencies and court

The Coroner Division of the Marin County Sheriff’s Office investigates deaths in Marin County that fall under Government Code section 27491, which includes deaths that result from an accident or injury. The division handles copies of its reports and the return of personal property.

A crash on San Rafael city streets is investigated by the San Rafael Police Department, 1375 Fifth Avenue, San Rafael, CA 94901. A crash on US-101, I-580 or another state highway, or on a county road in an unincorporated area, is handled by the California Highway Patrol, whose Marin Area office is at 53 San Clemente Drive, Corte Madera, CA 94925.

If a public entity may share responsibility, the written claim goes to that entity. The City Clerk’s Office at City Hall, 1400 Fifth Avenue, Room 209, receives all claims against the City of San Rafael. Claims against the County of Marin go to the Clerk of the Board of Supervisors, 3501 Civic Center Drive, Room 329.

A wrongful death lawsuit over a death in San Rafael is generally filed in the Superior Court of California, County of Marin, at the Hall of Justice, 3501 Civic Center Drive, San Rafael, CA 94903.

Offices, service area and recognition

The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area, including San Rafael and Marin County. It does not have an office in San Rafael. Its closest offices are in San Francisco and Santa Rosa, both on the US-101 corridor. Its offices are:

San Francisco: 1330 Bush Street, Suite 9D, San Francisco, CA 94109.
Santa Rosa: 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403.
Lower Lake (main office): 9667 Highway 29, Lower Lake, CA 95457.

The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Founding attorney Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026. He was selected to Northern California Rising Stars from 2013 to 2021, an honor awarded to only 2.5% of attorneys in the state. In 2018, he was one of four finalists for San Francisco Trial Lawyer of the Year. He has represented thousands of injured clients. He holds the record for the highest personal injury verdict in Lake County. Spanish-speaking staff are available.

Frequently asked questions

How much does a wrongful death lawyer cost?

The consultation is free, and the Law Offices of J. Chrisp works on a contingency fee. There is no fee unless we win.

How long does a family have to file a wrongful death lawsuit in California?

Most wrongful death lawsuits must be filed within two years (Code of Civil Procedure section 335.1). If a city, county or the state may be responsible, a written claim is generally due within six months (Government Code section 911.2).

Can the family recover for the pain our loved one went through before death?

Not in a case filed now. Survival action damages for pain, suffering or disfigurement were allowed only in actions filed on or after January 1, 2022, and before January 1, 2026 (Code of Civil Procedure section 377.34). Other losses the person had before death, such as medical bills, can still be part of a survival action.

Can a parent or stepchild bring a wrongful death claim?

Yes, in some cases. Parents and stepchildren who depended on the person who died can bring a claim. Parents can also qualify when the person who died left no children or other descendants, if the parents would inherit under state law (Code of Civil Procedure section 377.60).

Where can our family reach the Law Offices of J. Chrisp?

Call 877-J-CHRISP (877-524-7477). The phone is answered 24/7. The firm’s closest offices to San Rafael are in San Francisco, at 1330 Bush Street, Suite 9D, and Santa Rosa, at 3558 Round Barn Blvd, Suite 200.

If you lost a family member in San Rafael or elsewhere in Marin County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

Why choose the Law Offices of J. Chrisp?

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.