A careful first records checklist
Records to Save After a Fatal Accident
30-second answer
Choose one trusted organizer. Save irreplaceable family, incident, medical, estate, insurance, and financial records. Keep original files unchanged, note who holds possible video or data, and get prompt advice about preservation and deadlines.
Legal information from Wildeboer Legal · Updated August 7, 2026
Do this now
- 1Choose one trusted family organizer and create a dated list of documents received, people contacted, and records still being requested.
- 2Save the death certificate when available, family-status records, the will or trust, and any probate or personal-representative documents.
- 3Preserve original incident photos, video, witness contacts, agency numbers, medical records, tow or storage details, and information about possible cameras or electronic data.
- 4Keep insurance policies and messages, funeral and burial receipts, pay and benefits records, tax documents, and records of household support or services.
- 5Ask promptly which records may be overwritten, transferred, repaired, or destroyed, and get advice about a lawful, focused preservation request and applicable deadlines.
Avoid this
- Do not edit original files, guess at missing facts, or write accusations on source documents.
- Do not trespass, confront witnesses, or claim that a camera recorded the incident without confirmation.
- Do not sign a release, broad authorization, or estate-related document until you understand who sent it and what rights it may affect.
Save these
- Certified death certificate and family-status records
- Will, trust, probate, and personal-representative documents
- Original incident photos, video, device data, and witness contacts
- Police, fire, coroner, workplace, property, or product report details
- Medical records, bills, and records connecting treatment and death
- Insurance policies, claim numbers, adjuster details, and messages
- Funeral, burial, income, benefits, tax, and household-support records
- A dated log of requests, custodians, deadlines, and documents received
Common questions
Do we need every record immediately?
No. Start with records that are irreplaceable or may disappear, including original media, witness contacts, camera leads, storage locations, and authority documents. Build the rest in stages.
Who should organize the records?
Choose one trusted person when possible. Keep a dated index and share copies securely. The person organizing documents is not automatically the person authorized to bring a legal claim.
Should we ask businesses or agencies for video?
Identify the possible custodian and exact time window promptly. Do not trespass or state that video exists without confirmation. Get advice about a lawful preservation request before routine overwriting.
Are wrongful-death and survival claims the same?
No. A wrongful-death claim generally addresses qualifying claimants’ legally recognized losses. A survival claim continues a cause of action that belonged to the person who died.
Want more detail?
Read the full explanation
Wrongful Death vs. Survival Claims in CaliforniaOfficial resources
- California Code of Civil Procedure section 377.60: Wrongful-death claimants (opens in a new window)
- California Code of Civil Procedure section 377.30: Surviving causes of action (opens in a new window)
- California Code of Civil Procedure section 377.32: Successor-in-interest declaration (opens in a new window)
Questions about your situation?
Talk with Arta Wildeboer
A short guide cannot account for every fact. A free consultation can help you understand the next step without pressure.