Steps to Take After a Wrongful Death Accident
Losing a loved one due to someone else’s negligence is a tragedy no family should have to endure. While no amount of compensation can truly make up for the loss, pursuing a wrongful death claim can help you find justice and provide the financial support needed to move forward.
If you’re unsure about where to start or what steps to take after experiencing the wrongful death of a loved one, reach out to an experienced personal injury attorney for guidance. At the Law Offices of Steven Zwick, we understand how devastating and life-altering a wrongful death accident can be.
Based in Orange County, California, we can help you explore your options and understand the steps you should take after a wrongful death accident. Call today to begin.
1. Prioritize Immediate Needs and Seek Emotional Support
The aftermath of a wrongful death accident is emotionally overwhelming, so prioritize your immediate well-being and that of your family. Connect with your loved ones and lean on a strong support system. Grieving is deeply personal, and finding ways to cope, whether by seeking professional counseling, joining support groups, or simply spending time with close friends and family, can make a significant difference.
If the accident occurred under traumatic circumstances, be mindful of the mental health of the other parties involved, particularly young children or close relatives. Sometimes, these situations call for professional intervention to help process emotions in a healthy way.
2. Collect Documentation Related to the Incident
While it may feel difficult to focus on paperwork following the wrongful death of a loved one, it's essential to gather comprehensive documentation about the accident. Some of the most important documents you should gather to strengthen a wrongful death claim include:
Accident or incident reports: Obtain the official documentation about the accident from the police or other investigating authorities.
Medical records: Collect records that detail the medical treatment your loved one received prior to their passing.
Death certificate: Obtain a certified copy of your loved one's death certificate. This is often required for legal claims.
Photographic evidence: If possible, collect photos or videos of the scene of the accident, any visible injuries, or relevant property damage.
Witness contact information: Collect statements from those who witnessed the accident, along with their contact information. This can often serve as valuable evidence in court.
Having these documents ready can help you build a strong case for your claim. If you are unable to access these documents or they are unclear, don’t worry. An experienced personal injury attorney can help you obtain them as part of the investigation into your case.
3. Preserve Evidence from the Accident
Evidence plays a major role in determining the cause of the wrongful death and establishing liability following the accident. Therefore, it's essential to preserve all available evidence. This might include saving your loved one’s personal property involved in the incident, identifying potential surveillance footage, or protecting physical evidence from loss or alteration.
As an additional measure, refrain from speaking with insurance companies or accepting settlements without first consulting legal counsel. Insurance companies may attempt to downplay the situation or offer a low settlement to quickly close the case. Preserving evidence allows you to advocate for fair compensation.
4. Contact an Experienced Wrongful Death Attorney
Handling a wrongful death case requires an in-depth understanding of California’s legal system and wrongful death laws. Consider working with an experienced attorney, such as our team at the Law Offices of Steven Zwick, who can protect your rights and make sure your case is handled professionally and compassionately.
Our attorneys will assess every detail of your loved one’s case, identify all liable parties, and work tirelessly to make sure you receive the justice and compensation your family deserves. With years of experience serving clients throughout Orange County, we have successfully represented families grieving wrongful death accidents caused by car accidents, medical malpractice, and workplace accidents.
5. Understand California’s Statute of Limitations for Wrongful Death Claims
California has specific time limits on filing a wrongful death claim. Generally, the statute of limitations for wrongful death cases in California is two years from the date of your loved one’s passing. Missing this deadline can result in losing your right to pursue legal action.
However, certain factors can affect this time frame. For example, cases involving government entities or medical malpractice might have shorter deadlines. At the Law Offices of Steven Zwick, we will carefully analyze the circumstances of your case to make sure your claim is filed within the required time period.
6. Determine Who Can File a Wrongful Death Claim
Under California law, not everyone is eligible to file a wrongful death claim. If someone you know has died wrongfully due to an accident, only the following parties are generally allowed to file a claim:
The deceased’s surviving spouse or domestic partner.
The deceased’s surviving children.
If no surviving spouse or children, individuals who are entitled to the deceased’s estate under California intestate succession laws, such as parents or siblings.
It's important to establish your eligibility before filing to make sure your claim is filed in accordance with the law. If you are unsure about your eligibility, reach out to an attorney who can assess your situation and provide clarity.
7. Calculate Potential Damages
Wrongful death claims can include both economic and non-economic damages. Economic damages consist of measurable financial losses, such as funeral and burial expenses, medical costs incurred prior to the deceased’s death, and lost income and financial contributions the deceased would have provided.
Non-economic damages, while harder to quantify, account for the emotional impact of the loss. These may include loss of companionship, care, or guidance, loss of consortium (for spouses), and mental pain and emotional suffering caused by the death.
Contact an Experienced Wrongful Death Attorney in Orange County, California, Today
Deciding to pursue a wrongful death claim is never easy, but taking legal action can help you achieve some sense of closure while protecting your family’s future. At the Law Offices of Steven Zwick, we focus on holding negligent parties accountable and helping families through this challenging time.
If your family is coping with the devastating loss of a loved one due to a wrongful death accident, schedule a free consultation with our experienced attorneys to discuss the specifics of your case.
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