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Understanding Wrongful Death Lawsuits in Bakersfield and Kern County, California

As a Bakersfield and Kern County wrongful death attorney, I frequently field questions about the often complex process involved in filing a wrongful death lawsuit. When someone tragically loses their life due to the negligence, recklessness, or unlawful act of another, surviving family members can pursue a wrongful death lawsuit to seek justice and obtain compensation for their loss.

This article aims to provide some basic insights into the concept of wrongful death, its significance, and how it's related to Bakersfield and Kern County.

What is Wrongful Death?

A wrongful death occurs when a person dies due to the legal fault of another person or entity. This can include deaths caused by negligent, reckless, or deliberate actions. The concept behind wrongful death lawsuits is that the surviving family members deserve compensation for their emotional and financial hardships.

In California, wrongful death is codified under California Code of Civil Procedure § 377.60. This law allows certain relatives, like spouses, domestic partners, children, and anyone else who would be entitled to the property of the decedent by intestate succession, to file a lawsuit on behalf of the deceased.

Wrongful Death in Bakersfield and Kern County

In a city like Bakersfield, nestled in the heart of Kern County, wrongful deaths can unfortunately occur in various scenarios. Bakersfield's bustling oil and agricultural industries, active roadways, and growing population present potential for numerous types of wrongful death incidents, including but not limited to industrial accidents, car accidents, motorcycle accidents, pedestrian accidents, and medical malpractice.

Over the years, Kern County has unfortunately seen its share of fatal accidents. In 2020, for instance, the county reported over 90 traffic fatalities, many of which could potentially be wrongful death cases if negligence or misconduct were involved.

Pursuing a Wrongful Death Claim

Pursuing a wrongful death claim in Bakersfield and Kern County requires proving the following:

• Duty of Care: The defendant owed a legal duty to the deceased, such as the responsibility to drive safely or provide adequate medical care.
• Breach of Duty: The defendant failed to uphold this duty through their actions or negligence.
• Causation: The defendant's breach directly caused the death of your loved one.
• Damages: As a result of the death, the surviving family members suffered measurable damages, such as loss of income, loss of companionship, funeral expenses, etc.

Statute of Limitations

In California, the statute of limitations for wrongful death claims is two years from the date of the person's death. This means you have two years to file a lawsuit. However, there are exceptions to this rule under certain circumstances, such as when the death was caused by medical malpractice. In such cases, an attorney can provide guidance on these specific nuances.

Importance of Legal Representation

Losing a loved one due to negligence is devastating. We honor their memory by holding responsible parties accountable and helping families in Bakersfield and Kern County navigate this difficult path.

Engaging an experienced wrongful death attorney is crucial. We can guide you through complex legal steps, gather evidence, negotiate with insurance companies, and provide you with the best chance to receive the compensation your family deserves.

While no compensation can ever truly replace the loss of a loved one, a wrongful death claim can provide financial stability and a sense of justice. More importantly, it can help highlight safety issues in our community and encourage changes that may prevent future tragedies.

Remember, it’s not just about compensation; it’s about seeking justice for your loved one and protecting your community. If you or someone you know in Bakersfield or Kern County is dealing with the aftermath of a wrongful death, seek legal assistance immediately. Contact us today for a confidential consultation. You don’t have to face this alone.

Have questions about wrongful death claims in Bakersfield? Our FAQ section below answers common concerns families face when navigating the wrongful death process in Kern County, helping you understand your rights and next steps toward justice.

Frequently Asked Questions (FAQ)

What qualifies as a wrongful death in Bakersfield?

A wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional actions. This can include car accidents, medical malpractice, workplace accidents, or dangerous property conditions in Bakersfield and Kern County.

Who can file a wrongful death lawsuit in California?

Under California Code of Civil Procedure § 377.60, spouses, domestic partners, children, and certain dependent family members may file a wrongful death claim on behalf of their loved one.

What damages can be recovered in a wrongful death case?

Families may recover:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance
• Value of household services the deceased would have provided

How long do I have to file a wrongful death lawsuit in Bakersfield?

In California, the statute of limitations is generally two years from the date of death. However, there are exceptions, such as cases involving government entities or medical malpractice, where the timeline may differ. Contacting an attorney promptly is crucial to protect your rights.

Do I need an attorney for a wrongful death case?

Wrongful death claims can be complex, requiring investigation, evidence gathering, and negotiations with insurance companies. Having an experienced Bakersfield wrongful death attorney improves your chances of securing fair compensation while you focus on healing.

How much does it cost to hire a wrongful death attorney?

We handle wrongful death cases on a contingency fee basis, meaning you pay nothing upfront, and there are no fees unless we win your case.

What should I do if I believe I have a wrongful death claim?

Seek legal assistance as soon as possible. Preserve any evidence, avoid discussing details with insurance adjusters, and contact a trusted wrongful death attorney to evaluate your case and guide you through the process.

📞 Get Justice for Your Loved One – Contact Us Today

If you’ve lost a loved one due to negligence in Bakersfield or Kern County, you don’t have to face the legal process alone. Art Majlessi, a top California wrongful death attorney, is here to help you seek justice and secure the compensation your family deserves.

Call now for a free consultation. No fees unless we win.

Disclaimer: The legal information presented on this page should not be considered as legal advice.