Wrongful Death After a Road Accident: What Families in Victorville Should Preserve in the First 72 Hours
When there’s a fatal crash on I-15, Bear Valley Road, or Highway 395, everything changes in a moment. Families find themselves working through immense shock and grief while also having to make urgent decisions regarding their loved one’s final wishes. Many people don’t realize that the first 72 hours after an accident is a crucial time to secure evidence and lay the groundwork for a wrongful death claim. We understand how hard it is to even think about legal action when you’re dealing with the death of a loved one, which is why we recommend talking to a wrongful death attorney who can handle the hard parts for you.
At Ewaniszyk Law Firm, we know how important it is to make the most of the days immediately following an accident. Attorney Richard Ewaniszyk represents clients who have suffered catastrophic injuries and those who have lost loved ones in accidents. For decades, he’s advocated for clients in the High Desert region, giving him the experience needed to take on your claim. Call our wrongful death law firm at 760-245-7310 to schedule a time to meet with our team.
Wrongful Death in California
In California, several people may be entitled to compensation from a wrongful death lawsuit. First priority typically goes to the decedent’s spouse, children, and surviving children of a deceased child of the decedent. If there is no one from this group who can file a suit, anyone who would inherit via the rules of intestate succession can take legal action. Additionally, those who were financially dependent on the deceased may also be able to sue.
The statute of limitations in California is typically two years from the date of the decedent’s death. There are several steps you should take in the first 72 hours to protect your rights.
Scene Evidence—Preserve It Immediately
Evidence at the scene of a car accident begins degrading immediately, and road crews often have the entire scene cleaned up within a matter of hours after the collision. This evidence can help establish speed, liability, and impact angles. Important evidence to conserve includes:
- Final resting position of both vehicles
- Skid marks and debris patterns
- Proof of road conditions and visibility
- Video footage of traffic cameras (to show signal timing)
You may also want to reach out to nearby homes or businesses to request copies of surveillance camera footage. This footage often overwrites itself within a matter of days, so it’s important to act quickly.
Law Enforcement Records
In Victorville, collisions are often investigated by the Victorville Police Department or the California Highway Patrol. You should secure a copy of the accident report as soon as possible and provide it to your wrongful death lawyer. Other records you may want to request include body cam footage, dashcam recordings, 911 call transcripts, and BAC test results if applicable to your case.
While these records are held for some time, they are not held forever. The sooner you request them, the more likely it is you’ll have them available for your wrongful death case.
Medical and Autopsy Documentation
Medical records and autopsies help establish the cause of death, taking proactive steps against insurance companies’ claims of preexisting conditions or injuries. Documents you may want to request include paramedic and EMS reports, treatment records, emergency room records, and autopsy findings. You may use these records to clarify the timeline of your loved one’s treatments and injuries.
Your Loved One’s Financial and Personal Records
It may not be immediately obvious that these records are an important part of a wrongful death claim, but they are. A significant part of many wrongful death cases is a decedent’s lost income and financial support. Proof of your loved one’s earnings, financial standing, and employment benefits can make it easier for your attorney to prove what your family has lost (and will lose) as a result of their passing. You may want to get copies of recent pay stubs, W-2s and tax returns, employment benefit details, and retirement records.
You Deserve Time to Grieve. Let Our Wrongful Death Lawyers in Victorville Advocate for You!
While you and your family start the healing process and grieve the loss of your loved one, let Ewaniszyk Law Firm fight for your right to seek compensation. Call us at 760-245-7310 or fill out our online contact form to set up a consultation with our wrongful death law firm.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.