Wrongful Death Auto Collision Attorney San Francisco

Wrongful Death Auto Collision Attorney for SF Families

No legal outcome can undo the loss of a loved one. We understand that. When a family member is killed in an auto collision caused by another driver’s negligence, the grief is compounded by sudden financial burdens — lost income, medical bills from before the death, and funeral expenses. Attorney Michael Martinovsky provides compassionate, dedicated legal representation to help grieving families secure the financial stability and justice they deserve during the most difficult time of their lives.

Who Can File a Wrongful Death Claim in California

Under California Code of Civil Procedure Section 377.60, the following individuals have the right to file a wrongful death lawsuit:

• Surviving spouse of the deceased
• Surviving domestic partner of the deceased
• Surviving children of the deceased
• Putative spouse — someone who believed in good faith that they were legally married to the deceased
• Anyone entitled to the deceased’s property under California’s intestate succession laws, which may include parents, siblings, or other dependents if there is no surviving spouse or children
• Stepchildren who were financially dependent on the deceased at the time of death
• Minor children who lived in the deceased’s household for at least 180 days before death and were dependent on the deceased for at least 50% of their support

Damages in a Wrongful Death Auto Collision Case

California law allows surviving family members to recover compensation for the losses they have suffered as a result of their loved one’s death. These damages may include:

• Loss of financial support — the income and financial contributions the deceased would have provided to the family over their expected lifetime
• Loss of love, companionship, and moral support — the emotional and personal support the deceased provided to their family
• Loss of consortium — the loss of the intimate relationship between spouses or domestic partners
• Funeral and burial expenses — the reasonable costs of funeral services, burial or cremation, and related expenses
• Loss of household services — the value of services the deceased provided to the household, such as childcare, home maintenance, and other contributions
• Loss of training and guidance — particularly relevant when the deceased was a parent of minor children

Survival Action: A Separate but Related Claim

In addition to the wrongful death claim, California law provides for a survival action under CCP Section 377.30. While a wrongful death action compensates the surviving family for their losses, a survival action allows the deceased person’s estate to recover damages that the deceased could have pursued if they had survived. These include:

• Medical expenses incurred between the accident and death
• Lost wages between the date of injury and date of death
• The deceased’s own pain and suffering experienced before death
• Property damage to the deceased’s vehicle

A survival action and a wrongful death action can be filed simultaneously. Together, they provide the most complete recovery for the family and the estate.

Statute of Limitations: 2 Years from Date of Death

In California, a wrongful death claim must be filed within 2 years from the date of the person’s death — not the date of the accident. If the accident victim survived for a period of time before succumbing to their injuries, the 2-year clock begins on the date of death. Missing this deadline generally means losing the right to file a wrongful death lawsuit. It is critical to consult with an attorney as soon as possible to preserve your rights and ensure that evidence is properly gathered and preserved.

Our Compassionate Approach

Attorney Martinovsky understands that families dealing with the death of a loved one need more than just legal expertise — they need an attorney who treats them with sensitivity, respect, and genuine compassion. He approaches every wrongful death case with:

• Patience and understanding — he never pressures families into making decisions before they are ready
• Clear, honest communication — he explains every step of the process in plain language so families always know what to expect
• Handling the legal burden — so families can focus on grieving, healing, and supporting each other without the added stress of dealing with insurance companies and legal proceedings
• Thorough investigation — he works with accident reconstruction experts, medical professionals, and economists to build the strongest possible case for full compensation

Why Choose Attorney Martinovsky for Your Wrongful Death Case

Attorney Michael Martinovsky brings both the legal skill and the human sensitivity that wrongful death cases demand. With degrees from UC Berkeley and the University of Iowa College of Law (a top 20 law school), he has the knowledge to navigate complex wrongful death claims and the courtroom experience to hold negligent drivers accountable. He handles all cases on a contingency fee basis — you pay nothing unless he wins your case. He is trilingual in English, Spanish, and Russian, ensuring that every family he represents can communicate comfortably in their preferred language.

Frequently Asked Questions About Wrongful Death Auto Collision Cases