Bakersfield Wrongful Death Lawyer

What Is a Wrongful Death Lawsuit?

Wrongful death is defined as the death of a person due to the negligence or recklessness of another person. Although there can be criminal implications, a wrongful death claim is a civil claim. It does not result in criminal charges or other forms of punishment. 

Every state has different laws surrounding wrongful death claims. Generally speaking, only close surviving family members or the spouse can file a wrongful death claim. The purpose of a claim is to seek compensation for those who have suffered harm due to the death. Our wrongful death attorney can help you seek the maximum compensation for your losses, such as funeral expenses, medical bills, lost income, loss of companionship, pain and suffering, and punitive damages. 

How Horizon Accident Lawyers Can Help You Seek Justice

Filing a wrongful death lawsuit requires extensive knowledge of local and state laws, as well as the ability to prove the liability and damages of the responsible parties. It is a complex and challenging process, especially when you are grieving the loss of a loved one. 

This is why you should consider hiring a qualified and experienced wrongful death attorney. An attorney can help you understand your legal rights, conduct a thorough investigation, gather evidence, and negotiate with the insurance company. They can also  represent you in court if a fair settlement cannot be reached through negotiations. 

At Horizon Accident Lawyers, we have successfully recovered millions of dollars in settlements for injured victims of auto accidents and workers’ compensation in Kern County. Our wrongful death attorneys will ensure you receive maximum compensation from the responsible party. To discuss your legal options, contact us by phone or through our online contact form. 

Who Can File a Wrongful Death Lawsuit in California? 

Under California’s wrongful death statute, the following people may file a wrongful death claim, in order of priority:

• The deceased’s surviving spouse or domestic partner
• The deceased’s surviving children 
• If the deceased has no surviving spouse, domestic partner, or children, then anyone who would be entitled to inherit the deceased’s property by intestate succession. This includes the deceased’s parents, siblings, or grandparents
• The deceased’s putative spouse or children of the putative spouse, if they can prove that they had a good faith belief that they were legally married to the deceased
•  Any minor who lived with the deceased for at least 180 days before the death and was financially dependent on the deceased for at least 50% of their support

A wrongful death lawsuit can be filed by any of the above parties, or by a personal representative of the deceased’s estate on behalf of the above parties. 

Statute of Limitations 

California sets time limits for filing wrongful death lawsuits. All personal injury lawsuits must be filed within two years from the deceased’s date of death or within six months of the date of the appointment of a personal representative, whichever is later.

Once the statute of limitations runs out, it is highly unlikely that a wrongful death lawsuit will still be valid. Speak to our Bakersfield wrongful death lawyers as soon as possible to retain your right to recover financial damages.

Compensation in a Wrongful Death Claim

While no amount of compensation can bring your loved one back, receiving compensatory damages for your loss can help you move forward. A loved one’s death can have an immense effect on your entire family, causing emotional trauma and financial challenges. 

The Bakersfield wrongful death attorneys at Horizon Accident Lawyers can help you recover the following types of economic and non-economic damages in a California wrongful death claim: 

• Funeral and burial expenses
• Financial support that the deceased would have provided, including lost wages
• Estimated value of benefits or gifts 
• Loss of companionship, care, love, affection, protection, and emotional support
• Loss of training and guidance

The amount of financial compensation you will receive depends on various factors. Such factors include the age, health, and income of the deceased, as well as the other party’s insurance policy limits. The skill of your lawyer will also come into play. Our Bakersfield wrongful death attorneys have years of experience representing and settling wrongful death cases.

How to Prove Liability in a Wrongful Death Claim

In order to bring forth a wrongful death claim on behalf of your family member, you must be able to prove the following four elements: 

1. Duty of Care

Generally speaking, people have a duty to refrain from negligent behavior. For example, an employer has a duty to provide a safe and healthy work environment for their employees, and to prevent any foreseeable harm or injury to them. If an employer fails to fulfill this duty, the employer may be liable for negligence.

2. Breach

In addition to proving the defendant held a duty of care, the plaintiff must also prove that they breached their duty of care. If your loved one was killed in a motor vehicle accident, you must show that the other driver had a duty to drive safely but breached that duty by speeding, drunk driving, running a red light, etc. 

3. Causation

The decedent’s surviving family members must also show a direct correlation between the defendant’s negligent or intentional actions and the death. If the defendant is found at fault for the death, then they are liable for the damages that the victim suffered. 

4. Damages

Finally, the plaintiff must prove that they have suffered financial and non-financial damages from their loved one’s death, such as medical bills, lost financial support, and burial costs.