Car accidents are terrifying on any level, but they can also be life-changing when it causes someone’s death. The people left behind struggle to accept the trauma of their loved one’s death. But resolution is difficult when the accident was caused by someone else. In such cases, family members and partners have the option of filing a wrongful death compensation claim to recover their financial and emotional losses. Evidence is needed to support these claims, including an autopsy report from the county coroner’s office.
Coroners, also known as medical examiners, are responsible for determining the cause of someone’s death. Considering what’s at stake for the families, they must maintain the highest standards of safety, professionalism, and dignity when performing their job duties. Sadly, some coroners make careless errors or cause intentional harm to the victim’s remains. They may also reject autopsy requests from family members, even though there are circumstances that warrant an investigation. These are acts of coroner negligence, which can result in erroneous findings, or compromise evidence that’s needed for a wrongful death compensation claim.
If your wrongful death lawsuit has been compromised by a case of coroner negligence, please contact our office right away. A coroner negligence case is complicated and requires the expertise of a knowledgeable wrongful death attorney. Our lawyers have the skill and experience to assist you with your available legal options.
Examples of Coroner Negligence
Coroner negligence includes a wide variety of acts that can traumatize loved ones of a car accident victim. Here are some examples:
- In Chaudhry v. City of Los Angeles, a California coroner’s office was charged with performing an autopsy on the body of a Muslim man who had been shot and killed by a police officer. The coroner’s office did not notify the family until 21 days later, when it was too late to bury him in accordance with Islamic laws. The court upheld the family’s right to sue on the grounds that the coroner’s office failed to report the victim’s death in a timely manner. Additionally, the family was awarded $700,000 by the state in wrongful death compensation.
- In Shipley v. City of New York, a medical examiner removed the brain from the body of a 17-year-old who died in a car accident. The brain had been removed so that it could be studied by a neuropathologist, but the coroner failed to put it back in time for the burial. The family was never told about the mistake and filed a lawsuit, which resulted in a court verdict of $1 million.
- In Garza v. County of Fresno, a deceased woman was autopsied without the family’s permission. The procedure took place during a “Scared Stiff” program meant to deter drunk driving among young drivers. The family sued for emotional distress and received $75,000 from a California jury.
These cases illustrate the emotional injuries that loved ones can suffer as a result of coroner negligence. They also speak to the serious nature of a coroner’s duties, and the affect coroner negligence has on a case of wrongful death compensation. Negligence, by the way, doesn’t need to be intentional. In Chaudhry v. City of Los Angeles, for example, it’s likely that the office was overwhelmed and things slipped through the cracks. However, the court still upheld the family’s right to timely notification and allowed the lawsuit on that basis.
The Chaudhry case proves that it’s worth it to speak to a lawyer if you are dealing with, or suspect a case of coroner negligence. Our lawyers will guide you through this sensitive process and help you take action against the responsible parties.
How do I get a Coroner’s Report for Wrongful Death after a Car Accident?
In California, you can obtain a coroner’s report for wrongful death in a car accident by contacting the county coroner’s office. In Los Angeles, for example, you would contact the Los Angeles County Medical Examiner – Coroner’s office at (323) 343-0512. You can also go to their website and click “Case Information” from the top menu. This will bring you to a page where you can enter information about the victim and find out the status of the investigation regarding their death. However, the website only lists general information, so you will need to call the coroner’s office for specific details.
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Do I Have to Pay for a Coroner’s Report?
Each county decides on the payment terms for a coroner’s report. Some offices offer one free hard copy to the next of kin, while others offer free copies through email. However, there is a charge for certified copies, which can range from $50 to $140. Whether you need a certified copy or not depends on the legal actions you plan on taking. One of our lawyers can help you decide on the type of report you need, along with any other advice pertaining to your coroner negligence or wrongful death claim.
Do They do an Autopsy after a Car Accident?
Many people automatically assume that autopsies are done for traumatic accidents like car crashes. However, the decision to conduct an autopsy is up to the coroner’s office in each county. Individual county websites may or may not address this issue, leading to confusion for loved ones of car accident victims.
For example, the Los Angeles County Medical Examiner – Coroner’s office website states:
“State law instructs the Department of Medical Examiner-Coroner to inquire into and determine the circumstances, manner, and cause of all sudden, violent, or unusual deaths, and those deaths where the decedent has not been seen by a physician 20 days prior to death.”
Unfortunately, they don’t go into detail about what counts as “sudden, violent, or unusual death,” implying that it’s up to the coroner to decide what falls into these categories. However, families can request a private autopsy with the medical examiner’s office. Sometimes families are talked out of autopsies by the deceased individual’s doctor. We see this a lot when victims are transported to a hospital that performs autopsies. The examining doctor will tell the family an autopsy is not needed, and even though the family disagrees, they feel there are no alternate options.
In such cases, you can appeal directly to the coroner’s office, who generally accept autopsy request for car accident fatalities. The downside is, you’ll need to pay for the procedure, which can cost $3,000 or more. There may be other costs associated with uncovering the truth of your loved one’s death, and each family has to decide for themselves if the costs are worth it.
These are difficult decisions, but a lawyer’s advice can be helpful in making the best possible choice for you and your family. If you are dealing with the aftermath of a loved one’s car accident, don’t hesitate to give us a call. We look forward to speaking with you during a free consultation.
The Wrongful Death Attorneys of Normandie
When someone you love loses their life in an accident, you immediately want to know what happened and who is responsible. A coroner’s report is the most conclusive proof of your loved one’s death, but there may be roadblocks to getting the information you’re entitled to. You may also be suffering from the trauma of coroner negligence, and want to find out how you can hold the coroner’s office responsible. That’s when you need the lawyers of Normandie, who will take aggressive action to bring you results. We have many years of experience handling wrongful death lawsuits that are compromised by the negligence of a county coroner. Such ineptitude or callousness is unacceptable to us, and we will do everything we can to recover your damages.
Please contact our office and schedule a free consultation. If legal action is in your best interest, there is no upfront cost to you for any of our services, even if your case goes to trial. Under our Zero-fee guarantee, we don’t get paid until your case is settled. And if we lose your case, you walk away without paying us a penny. We hope to hear from you soon and look forward to fighting for your rights.
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