Maison Law helps victims of car accidents in California. It’s tough to think about, but any car accident could cause fatal injuries to you or a loved one. If this happens, there’s a procedure in place to take care of things. But there are also legal options, and Maison Law can help guide you through it. Contact us today for a free consultation.
What Happens When Someone Dies in a Car Accident in California?
A fatal car accident is by far the worst type you and your family can go through. Yet, this is an unfortunately common outcome of a car accident. Data from the California Highway Patrol (CHP) found that there were 3,282 fatal accidents throughout the state in 2023 alone.
But regardless of the cause, there’s a pretty strict procedure in place when there’s a fatal car accident in California:
- Police response – Local police will be called to investigate the scene, gather evidence, and determine the cause of the accident. The findings will usually be issued in a police report, which will provide important information for the insurance process.
- Coroner’s report – When there’s a suspected fatality, the local coroner or medical examiner will issue an official cause of death. Usually, it’s going to be tied to injuries from the car accident.
- Charges – If the accident was caused by reckless driving, DUI, or other illegal action, the at-fault driver may face criminal charges like vehicular manslaughter or even murder. They’ll also be civilly liable for the death and any other injuries that come up from the accident.
Losing a loved one in a fatal car accident in California is devastating and, sadly, more common than we might think. Our team is here to support you and your family by simplifying the legal process, allowing you to focus on healing and moving forward.
How is a Fatal Car Accident Claim Different in California?
When a fatal car accident happens in California, the legal process is similar to a typical car accident claim, there are some important differences. Mainly, a wrongful death claim is the course of action taken.
One key distinction is that only specific people are allowed to file a wrongful death claim in California, including:
- Spouses or domestic partners
- Children
- Parents, siblings, stepchildren, or personal representatives of the deceased’s estate if there are no spouses or children
The process can begin with an insurance claim or a lawsuit in court. The damages in a wrongful death claim are also a bit different, focusing on the losses caused by the death of a loved one, which normally involves:
- Funeral or burial expenses – This covers the costs of the funeral, burial, or cremation, along with services and cemetery fees.
- Loss of financial support – This covers any income the deceased would have earned, helping to replace their financial support.
- Loss of companionship – These damages provide financial support for the emotional and social loss of the deceased’s companionship, love, and guidance.
- Emotional suffering – These damages relate to the pain and grief experienced by surviving family members.
Even though a fatal injury is the worst outcome of a car accident, surviving family members must file a claim within two years of the date of death, according to California’s statute of limitations. Missing this deadline means giving up the right to seek damages at all. Thus, acting quickly is an extremely important part of your family’s ability to move forward.
What Can You Do After a Fatal Car Accident in California?
Even when you have the right to file a wrongful death claim, you still need to prove the extent of your losses and damages. In other words, you’ll need to build a strong case. This can be difficult after a fatal car accident, simply due to the overwhelming nature of the situation. However, it’s possible by following a few key steps:
- Call 911 – Call 911 right away to report the accident to local police and ambulance services. If anyone has non-fatal injuries, make sure they receive medical care at the scene.
- Start gathering information – If you can, collect contact details and statements from any witnesses. Also, save any relevant evidence, such as medical records, accident reports, and photos or videos of the scene.
- Track expenses and losses – Keep a detailed record of all costs related to the accident, like medical bills and funeral expenses, to show the financial impact on your family.
- Keep evidence in good shape – Keep all evidence as it is. This means leaving the vehicle in its damaged state, preserving other damaged property, and avoiding altering the accident scene.
Obviously, a fatal car accident is traumatic and overwhelming. You might be injured yourself or simply struggling with the loss. But taking these steps is critical for building a strong case. Remember, our team can provide the guidance and support your family needs to make this process easier.
Contact Maison Law After a Fatal Car Accident in California
A fatal car accident can bring enormous challenges and change to your life. At Maison Law, we understand what you and your family are going through, and we’re here to help you explore your legal options. We’ll guide you through the claims process, help you strengthen your case, and support you every step of the way. To get started, contact us today for a free consultation.
