After a fatal collision, families are forced to make decisions while grieving and while police, insurers, companies, and government agencies control much of the evidence. A wrongful death claim cannot undo the loss, but a prompt independent investigation can preserve the truth, identify every responsible party, and protect the family’s legal rights.
The Civil Investigation Is Separate From the Criminal Case
Police and prosecutors investigate possible crimes and traffic violations. A civil wrongful death case addresses responsibility and damages under a different burden of proof. The criminal investigation may produce valuable evidence, but the family should not assume it will collect every item needed for the civil claim.
Evidence That Should Be Preserved
Important evidence may include police and CHP reports, 911 calls, body camera footage, dash camera recordings, surveillance, traffic-camera footage, witness statements, photographs, vehicle inspections, event data, phone records, toxicology, coroner materials, medical records, road design, signal timing, commercial records, and insurance information.
Vehicles should not be repaired, sold, or destroyed before inspection when mechanical condition, impact forces, visibility, restraint systems, or electronic data may matter. Businesses and agencies should receive targeted requests before routine deletion schedules erase video or electronic records.
Identifying Every Responsible Party
A fatal crash may involve more than the driver. Potential defendants can include a vehicle owner, employer, trucking company, rideshare company, maintenance provider, contractor, manufacturer, bar or alcohol provider in limited circumstances, property owner, or public entity responsible for a dangerous roadway condition.
Each defendant may have separate insurance. Commercial, employer, umbrella, rideshare, uninsured motorist, underinsured motorist, and public entity coverage should be examined rather than relying on the first policy disclosed.
Who May Bring the Wrongful Death Claim?
California law identifies the people who may bring a wrongful death action. Eligible claimants commonly include a surviving spouse or domestic partner, children, and certain heirs or dependents. The correct group depends on the family structure. All proper claimants should be identified before settlement or suit.
Wrongful Death and Survival Claims
A wrongful death claim focuses on the losses suffered by surviving family members. A survival claim may address certain losses or claims belonging to the decedent before death, particularly when the person survived for a period after the collision. The available damages and procedural requirements differ.
Damages in a Fatal Collision Case
Recoverable damages may include funeral and burial expenses, loss of financial support, loss of household services, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Evidence may include employment records, tax documents, benefits, household responsibilities, photographs, communications, and testimony describing the person’s role in the family.
Deadlines Can Be Much Shorter Than Two Years
California wrongful death lawsuits commonly have a two-year limitations period, but exceptions apply. Claims involving a city, county, state agency, school district, transit agency, public roadway, or government employee generally require a government claim within six months. Evidence may disappear within days, making preservation deadlines more urgent than the filing deadline.
Insurance Companies May Seek an Early Resolution
An insurer may approach the family before all heirs, defendants, policies, economic losses, or evidence are known. A release can end claims permanently. Families should understand the full liability, coverage, and damages picture before signing settlement papers.
Speak With a California Wrongful Death Lawyer
The Law Offices of Asher Hoffman represents families in serious and fatal accident cases throughout Southern California. We preserve evidence, investigate defendants and coverage, document family losses, and prepare claims for settlement or litigation. Consultations are free, and there is no fee unless compensation is recovered.
