The Law Office of Nikolaus W. Reed helps car accident victims in San Pablo. Losing a loved one in a car accident is one of the hardest things you can go through. While nothing can undo the tragedy, there is a legal process that can provide some relief. My firm will be there to guide you through this process, helping you take the next steps. Contact us today for a free consultation to get started.
Why You Need a Lawyer After a Fatal Car Accident in San Pablo
After a fatal car accident in San Pablo, the stakes are incredibly high. Although hiring a lawyer isn’t required, trying to go through the legal process while coping with such a loss is overwhelming. That’s where we come in.
We take on the burden of:
- Investigating the accident
- Figuring out who is responsible
- Guiding you or your family through the legal steps
Whether it’s negotiating with insurance companies or filing wrongful death lawsuits, we’re here to support you every step of the way. Our team is here to handle the claims process, allowing you or your surviving family to focus on moving forward.
Who’s Responsible For a Fatal Car Accident in San Pablo?
The claims process after a fatal car accident in San Pablo has the same starting point as any other car accident: figuring out legal responsibility. With the number of car accidents in San Pablo, it’s hard to imagine you or a loved one experiencing fatal injuries. But even in a fatal car accident, legal responsibility–or liability– involves proving negligence. This means showing that:
- The at-fault driver or party failed in their duty to keep you or others safe, leading to the fatal accident.
While the legal standard is clear, real-world situations can be more complex. Depending on the circumstances, any of the following may be liable for your damages:
- Other drivers involved in the accident
- Car owners who weren’t driving at the time
- Car or parts manufacturers if a defect caused the crash
- San Pablo government agencies if poor road conditions contributed to the accident
In fatal car accidents, the stakes are incredibly high, making it even more important to understand the legal process and how it affects your family’s recovery.
What’s the Claims Process Like After a Fatal Car Accident in San Pablo?
If a fatal car accident happens in San Pablo, you or your family have legal options for filing a claim. However, the process is a bit different because it means filing a “wrongful death” claim.
Generally, you can either file a lawsuit or an insurance claim if coverage is available (which it usually is.) Further, in California, only specific people can file a wrongful death claim:
- Surviving spouses
- Surviving children
If there aren’t surviving spouses or children, other family members can file, like parents, siblings, or step-family members. Outside of family members, if there’s a will that names a personal representative of the estate, they can also file.
The claims process can cover various damages, including:
- Financial support the deceased would have provided
- Loss of the deceased’s companionship and friendship
- Emotional distress and pain from the loss
- Parental guidance and support that would have been given to children
- Loss of income or benefits
- Projected lifetime earnings
- Medical and funeral expenses
- Punitive damages in certain cases
Every accident is different, but the losses from a fatal accident are going to be huge. While damages can’t replace the loss of a loved one, they are crucial for addressing the financial and emotional impact that comes with these accidents. That’s why it’s also important to act within California’s two-year statute of limitations. Missing this deadline means that, regardless of how strong your claim is, damages can’t be recovered.
What Are Common Fatal Injuries in San Pablo Car Accidents?
Fatal car accidents in San Pablo are often marked by severe impacts and injuries that result in the loss of a loved one. While any car accident can lead to fatal injuries, certain types are more common:
- Head injuries – Severe head trauma can cause irreversible brain damage or leave a person brain dead. This can include traumatic brain injuries (TBIs) and skull fractures.
- Spinal cord damage – Damage to the spinal cord can disrupt vital bodily functions, leading to death.
- Chest trauma – Trauma to the chest can rupture major blood vessels or organs, causing fatal internal bleeding.
- Abdominal injuries – Severe damage to organs like the liver or spleen can lead to massive internal bleeding and death.
- Severe broken bones – Major bone breaks can result in severe internal bleeding or life-threatening complications.
- Internal organ damage – Damage to internal organs from impacts can cause fatal bleeding or organ failure.
Experiencing a fatal car accident is devastating. While legal options are available, the nature of these accidents and injuries make acting quickly a crucial step in your options.
How Can You Strengthen Your Claim After a Fatal Car Accident in San Pablo?
Any car accident is going to bring certain difficulties. But a fatal car accident is different. Often, it’s a serious collision and resulting trauma. This makes the aftermath of the accident extremely difficult, even more so than a normal car accident. But at the same time, there’s certain steps that need to be taken to strengthen a potential claim:
- Call for help – Call 911 for the San Pablo Police Department (SPPD) and ambulance services right away. EMTs can assist with any non-fatal injuries.
- Get important information – Gather witness statements, medical records, incident reports, and photos or videos of the crash site. This information and evidence is vital to your claim.
- Keep track of losses – Keep detailed records of all costs related to the accident, including medical bills and funeral expenses. These records help show the financial impact for your claim.
- Keep evidence – It’s essential to maintain all evidence, including your car and any damaged property, in the condition they were in after the accident.
The aftermath of a fatal car accident is traumatic and confusing. If you’re injured and unable to take these steps, it’s important that someone else does, as they form the foundation of a potential claim.
Contact NWR Law After a Fatal Car Accident in San Pablo
A fatal car accident in San Pablo can be the toughest thing you and your family face, but you don’t have to go through it alone. At NWR Law, our experienced San Pablo car accident team is here to guide you through the claims process, making sure your claim is strong and that you receive the support you need. If you’ve lost a loved one in a car accident, contact us today for a free consultation.