Maison Law helps families of victims in fatal car accidents in Orange County. If a loved one has died in a car accident, it can be very tough emotionally. But there’s also financial and legal questions you’ll need answered. Our team at Maison Law is here to help. Contact us for a free consultation to discuss your legal options and how we can support you.
Do You Need a Lawyer After a Fatal Car Accident in Orange County?
Losing a loved one in a car accident is deeply traumatic. While hiring a lawyer isn’t required, having legal help can make a big difference. Here’s a few reasons why you would need our lawyers after a fatal car accident in Orange County:
- Gathering and presenting evidence – We collect the necessary evidence to build your case.
- Explaining your rights and options – We clarify your legal rights and the options available to you.
- Negotiating – We handle discussions with insurance companies and other lawyers on your behalf.
No one wants to face a fatal car accident, but they are unfortunately common in Orange County. In 2023, the California Highway Patrol recorded 163 fatal car accidents in the county. So then, when you’re involved in one of these accidents, it’s crucial to know what you need to do to protect a potential claim.
Do You Have to Protect Your Claim After a Fatal Car Accident in Orange County?
The tragic nature of a fatal car accident in Orange County doesn’t change the fact that you (or your surviving family members) have legal options. However, even in a fatal car accident claim (usually a “wrongful death” claim), there’s a process in place and requires certain information and evidence. Basically, you have to do the right things after the accident itself to protect the claim. This includes doing the following:
- Call for help – Call the Orange County Sheriff’s Department and emergency services right away. An ambulance and EMTs can help with any non-fatal injuries.
- Collect evidence and information – Gather witness statements and evidence related to the accident both at the scene and later on. This includes medical records, incident reports, and photos and videos of the crash site.
- Track any expenses – Keep detailed records of all expenses from the accident, like medical bills and funeral costs. This will help show the financial impact of the accident.
- Preserve your evidence for your claim – Preserving evidence is vital. This means not only gathering records and reports, but keeping your car and any other damaged property in the same condition as it was after the accident.
Obviously, the aftermath of a car accident with fatal injuries is likely to be very traumatic and confusing. If you’re involved in the accident, you yourself might be the one with these injuries, meaning you won’t be able to take these steps. Regardless, they need to be taken to form the foundation of a potential claim.
Who’s Liable When There’s a Fatal Car Accident in Orange County?
There’s nothing good about a car accident that results in fatal injuries. With that said, because there’s a legal process in place, there’s a couple necessary pieces of information for any claim: who’s liable for the accident and what your damages are. These things are closely related. In terms of liability, it’s the same as any other car accident: whoever acted “negligently” is going to be legally responsible for paying for whatever your damages are.
Legally, you have to show the following to establish liability:
- The other driver should have driven safely and avoided putting others at risk.
- They didn’t do this, leading directly to the accident.
- Because of the accident, you experienced injuries and other losses.
With that shown, it narrows down potential liability. But it also depends on what specifically caused the accident and who all was involved. Generally, any of the following can share liability in these accidents:
- Another driver
- Owner of the car or vehicle (if not the driver)
- The car or parts makers
- The Orange County government, if there’s road issues or malfunctioning road signs
Figuring out who is responsible is key for your claim and depends on the details of the accident. Knowing who might be at fault will help you with the claims process and determine the damages you can go after.
What Damages Can You Get in a Fatal Car Accident Claim?
After a fatal car accident in Orange County, you or your family have legal options for filing a claim. Unlike regular injury claims, this usually involves filing what’s known as a “wrongful death” claim.
The best approach depends on the accident’s details. You might need to file a lawsuit or an insurance claim if a policy is available. Also, only certain people can file the claim:
- Surviving spouses
- Surviving children
- Parents, siblings, stepchildren, common-law partners, or personal representatives if there are no surviving spouses or children
The claims process allows for various types of damages, including:
- Financial support the deceased would have given their family
- Loss of the deceased’s close personal relationship and friendship
- Emotional distress and physical pain from the death
- Parental guidance and support that would have been provided to children
- Loss of income or benefits
- Projected lifetime earnings
- Medical and funeral expenses
- Punitive damages in some cases
Each situation is unique, but fatal accidents result in obviously significant losses for your family. These damages help address those losses, but they won’t totally heal the loss of you or a loved one. But, having the legal access to damages is incredibly important. You or your surviving family members have to file within two years of the date of death to meet California’s statute of limitations. Missing this deadline means that, no matter how strong of a claim there is, damages can’t be recovered.
What Are Common Fatal Injuries in Orange County Car Accidents?
What separates a fatal car accident from others is rather obvious: it’s usually so severe in terms of the impact and injuries that you lose a loved one. But specifically, any car accident can result in fatal injuries. At the same time, though, there’s more common injuries across these accidents that are usually involved:
- Head injuries – Severe head trauma can cause irreversible damage or lead to you or your loved one becoming braindead.
- Spinal cord injuries – Damage to the spinal cord can stop vital bodily functions, leading to death.
- Chest injuries – Trauma to the chest can rupture major blood vessels or organs, causing fatal internal bleeding.
- Abdominal injuries – Severe injuries to organs like the liver or spleen can cause massive internal bleeding and death.
- Severe fractures – Major bone breaks can cause severe internal bleeding or complications that are life-threatening.
- Internal injuries – Damage to internal organs from impacts or ruptures can lead to fatal bleeding or organ failure.
- Burns – Severe burns from fires or explosions can cause life-threatening infections or organ failure.
Experiencing a car accident is always challenging, and the impact is even greater when it’s fatal. There are legal options available, but it’s important to act quickly. Working with our experienced and dedicated lawyers can help you navigate the legal process effectively
Contact Maison Law After a Fatal Car Accident in Orange County
A fatal car accident in Modesto is overwhelming, but you don’t have to face it alone. At Maison Law, our skilled Orange County car accident lawyers are here to help you through the claims process, making sure your case is strong and you get the support you need. If you’ve lost a loved one in a car accident, contact us today for a free consultation.
