Maison Law can help any injury victim after a fraternity accident in California. The most tragic outcome of any accident–including many of those that happen in a fraternity environment–is a wrongful death. It leaves you or your surviving family facing both short and long term challenges. To learn more about your options, contact us for a free consultation.
Should You Hire a Lawyer?
Even if it happens after a fraternity accident, a wrongful death claim is a type of personal injury claim. While it’s not mandatory to have a lawyer in California, these cases often require guidance due to their complexity. Our experienced team at Maison Law can simplify the process by:
- Conducting a thorough investigation to understand the accident’s circumstances and assess the strength of your claim.
- Gathering crucial evidence such as medical records, incident reports, and expenses related to the loss.
- Managing communication and negotiations with insurance companies on your behalf.
- Providing support and easing the legal burden on your family during this challenging time.
All of these things factor into your options, but it’s vital to remember that everything depends on your needs and the circumstances of your accident. Hopefully, your accident is only minor and won’t require legal action. However, if it’s bad enough that it results in fatal injuries, our team can be a huge help.
What’s the Process in a Wrongful Death Claim?
Losing a loved one in a fraternity accident is almost unthinkable, regardless of the circumstances. Most of the time, it’s even more frustrating because it was probably preventable–and tragic because your loved one was just entering their adult life.
Legally speaking, the starting point in a wrongful death claim is the same as any other accident–establishing liability. This is the legal responsibility for covering your and your family’s losses from the accident, ranging from medical costs to the psychological impact involved.
And like any other accident, liability hinges on negligence. In these types of cases, liability is going to fall on whoever:
- Acted negligently
- Caused the accident and fatal injuries
Usually, this will involve:
- The fraternity chapter itself
- Individual members of the fraternity
- The fraternity leadership and managers
- The college or university where the fraternity is based
- The State of California (if the school in question is a state school)
- Local governments
- Product manufacturers
Damages
In terms of your options for actually filing a wrongful death claim against whoever is responsible, you typically can either:
- File an insurance claim
- File a personal injury lawsuit
This will allow you or your surviving family members to recover certain damages from the fraternity and anyone else found liable for the accident. These damages usually include:
- Funeral and burial expenses, covering the costs associated with laying the loved one to rest.
- Medical expenses, which includes bills related to the injury or illness leading to the death.
- Loss of financial support, which is meant to cover any loss of income and contributions the deceased would have provided to the family.
- Pain and suffering, addressing the physical and emotional toll on surviving family members.
- Loss of companionship, addressing the emotional impact and altered relationships resulting from the loss.
- Punitive damages, granted in cases of gross negligence or recklessness.
Other Factors
Like any wrongful death claim, one that comes from a fraternity accident are going to have specific factors that will go into figuring the extent of the damages you or your family can get in a claim, usually relating to your deceased loved one’s:
- Age
- Health
- Financial potential
- Educational potential
- Value of any trusts or other lost benefits
It’s crucial to note that wrongful death claims in California follow a statute of limitations, which is two years from the date of death to file the claim. Missing this deadline could jeopardize your ability to recover these essential damages as you move forward with your life or your family moves forward.
What Can Cause a Wrongful Death in a Fraternity Accident?
In recent years, fraternity and sorority accidents have received increased media attention. Unfortunately, these incidents are often very tragic in nature and typically involve accidents like:
- Hazing – This is one of the most common factors in fraternity-related deaths. Hazing activities, which can include excessive alcohol consumption, physical abuse, or dangerous tasks, may lead to fatal injuries or alcohol poisoning.
- Alcohol-related Incidents – Excessive drinking of alcohol, often as part of hazing rituals or fraternity parties, can lead to alcohol poisoning, falls, accidents, or other alcohol-related complications resulting in death.
- Drug overdoses – In some cases, drug use within fraternity settings can lead to overdoses and subsequent fatalities.
- Physical altercations – Altercations between fraternity members, or between fraternity members and others, can escalate to the point of serious injury or death.
- Accidental falls or injuries – Fraternity-related events or activities may involve climbing, jumping from heights, or other risky behaviors that can result in accidental falls or injuries leading to death.
- Fire-related incidents – In rare cases, fires in fraternity houses or at fraternity events can lead to fatalities due to smoke inhalation, burns, or inability to escape.
- Medical emergencies – Instances where medical emergencies occur and appropriate care is not provided in a timely manner can lead to fatalities.
- Suicide – While not as common, incidents of suicide within fraternity settings can occur and result in tragic loss of life.
What Can You Do?
While you can’t always stop one of these incidents from happening, knowing how to respond is very important to how a potential claim will play out. As such, make sure that you or your loved ones are able to:
- Report the accident – This is a very important step. Once you’ve been made aware that there was an accident or incident, report it to police, campus police, the fraternity and any other authorities so they can begin to respond.
- Get medical care – In the event the accident is not yet fatal, get medical care for the person as soon as possible. This can hopefully stave off fatal injuries.
- Gather evidence – Evidence is going to be very important, so do everything you can to gather evidence like medical records, photos or videos of the scene, expenses, and witness statements for an eventual claim.
- Keep track of losses – Preserve any evidence you’re able to collect, and also keep track of expenses and losses relating to the incident to prove your damages.
Maison Law Supports Fraternity Accident Victims in California
At Maison Law, we understand how quickly a fun night can turn into something much more dangerous, especially when a fraternity or sorority is involved. These groups and organizations offer a lot of fun and camaraderie, but they can also lead to incidents where you lose a loved one. To better understand what your options are for moving forward and holding them accountable, contact us today for a free consultation.
