Maison Law represents car accident victims and their families in California. When there’s a fatal car accident, it changes the entire process and outlook for victims. But there’s also very real considerations for what happens to the body. Whether it’s your body or the body of your loved one, it’s important to know what to do. Contact us for a free consultation today to talk about your legal options.
What Happens to the Body After a Fatal Car Accident?
A fatal car accident is incredibly traumatic and painful. It’s by far the worst outcome, but being involved in one of these accidents means knowing where to look and what to do. First and foremost, you’re probably wondering what happens to the body. Every situation is different, but generally, here’s what happens:
- Confirming the death – If a person dies at the accident scene, emergency responders (police, paramedics) will officially pronounce the death.
- Securing the accident scene – At the same time, the area is secured by police, who begin an investigation and document the scene for a future accident report.
- Body transport – The body is typically moved by a coroner or medical examiner’s office to a morgue for further examination.
- Autopsy – In most fatal car accidents, the coroner or medical examiner will perform an autopsy to determine the cause of death. This can be important in car accidents, especially if there’s potential legal action to follow.
- Death certificate – The coroner issues a death certificate, which is an official record of the death and cause of death.
- Releasing the body – Once the autopsy and other necessary processes are completed, the body is released back to the family. Your family can then move forward with a claim if you want.
Obviously, these steps are in place to both document what happened and take care of the deceased person. At the same time, this is an incredibly emotional and taxing situation. As a family, though, you have certain legal options that can help.
What Legal Options Do You Have After a Fatal Car Accident
Once the body is secured and the scene is investigated, you and your family have certain legal options after a fatal car accident. However, the process is slightly different from a regular accident claim, as it focuses on a “wrongful death” claim.
You can typically file either a lawsuit or an insurance claim if the at-fault party has coverage. In California, only certain people can file a wrongful death claim, including:
- Surviving spouses
- Surviving children
If there are no surviving spouses or children, other family members, such as parents, siblings, or step-family members, can file. Additionally, if the deceased left a will naming a personal representative, that person can file the claim.
Once all that is figured out, though, the actual claims process can begin. LIke normal, it could either be done through insurance or a full on lawsuit. But the damages that are available are also a bit different, usually including:
- Financial support the deceased would have provided
- Loss of companionship and friendship
- Emotional distress and grief from the loss
- Parental guidance and support that the deceased would have given to children
- Loss of income and benefits
- Estimated lifetime earnings
- Medical and funeral expenses
- Punitive damages in certain cases
Every accident is different, but the financial and emotional toll of a fatal car accident is always heavy. While money can’t replace a loved one, compensation helps families handle the financial and emotional strain. It’s crucial to act within California’s two-year deadline, as missing it means you can’t recover damages, no matter how strong your case is.
Do You Need a Lawyer After a Fatal Car Accident?
After a fatal car accident anywhere in California, the stakes are high. While hiring a lawyer isn’t a requirement, managing the legal process during such a tough time can quickly become overwhelming. That’s where Maison Law can step in to help by:
- Explaining what your family’s options are
- Investigating the accident to figure out who’s liable
- Helping you and your family gather important evidence and information for claims
- Communicating and negotiating with insurance companies
- Filing a wrongful death lawsuit for your family
- Representing your family in court
By handling these responsibilities, we ease the burden on you and your family, allowing you to both honor your lost loved one and start the healing process. More to the point, though, experienced legal support from our team can significantly help your family achieve a fair outcome.
Contact Maison Law After a Fatal Car Accident in California
A fatal car accident in California is incredibly difficult for you and your family, but you don’t have to face it alone. At Maison Law, our experienced team is here to guide you through the claims process, making sure your claim is strong and that your family receives the support they need. Don’t wait–contact us today for a free consultation if you’ve lost a loved one in a car accident.
