Bakersfield Wrongful Death Lawyer

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Bakersfield Wrongful Death Lawyer

Bakersfield Wrongful Death Attorney

When someone is the victim of an accident that was caused by another party’s negligence in Bakersfield, CA, the victim can file a personal injury claim against the responsible party. This allows them to cover medical costs and other damages from the injury and accident. Unfortunately, the victim will sometimes not survive the accident or the extent of their injuries. In these cases, their close loved ones can file a wrongful death claim in place of a personal injury claim to recover damages.

It’s hard to lose a loved one in any circumstance. Death from a preventable accident can be even more frustrating. When another party was reckless or negligent, you can hold them accountable for their actions. Families who have suffered loss may be losing significant income while trying to cover funeral, burial, and medical costs. A Bakersfield wrongful death attorney can help you fight for the compensation you need to gain some financial stability in this time.

Legal Support for Wrongful Death Claims in Bakersfield

A family is dealing with a lot after the death of a loved one. The Law Offices of David Davidi, APLC, wants to help your family through each step of a wrongful death claim. We can answer your legal questions and determine if you have a viable claim. We have been helping families in the Bakersfield area and its surrounding communities for 25 years. Every wrongful death claim is unique, and we use our experience to understand your situation and fight to hold the at-fault party accountable. We understand that compensation will not make up for your loss, but know that it can give your family some relief while you grieve in this impossible time. Let us help make this easier for you.

Common Causes of Wrongful Death Claims

To file a wrongful death claim, another party must be at fault for the cause of death. Common causes of personal injury claims are also causes of wrongful death claims. Wrongful death claim causes often include:

  • Vehicle Accidents: Car accidents are a leading cause of personal injuries and wrongful deaths. This includes truck accidents, motorcycle accidents, and other motor vehicle accidents. Vehicle accidents can be the fault of several parties.Other drivers on the road can be distracted, driving under the influence, breaking road laws, or otherwise driving recklessly. Filing a claim with the at-fault driver’s insurance may not be enough to cover the excessive damages. A wrongful death claim can get a family the compensation that they need.Car accidents can also be caused by faulty car components and other product liability issues. A family may be able to file a wrongful death claim against the designer, manufacturer, or seller of defective car parts that caused the accident.
  • Slip-and-Fall Accidents: Slip-and-fall accidents are viewed by some to be minor accidents, but they can result in serious injuries and death. These accidents can result in brain injuries and trauma to the neck and spine. It is the responsibility of property owners to ensure the reasonable care and upkeep of their premises. A property may be unsafe from broken safety railings, uneven ground, spills, or other hazards.If a property owner knows or should have known that the hazards existed and did not correct or properly warn others of the hazard, they can be held liable for damages. This includes compensation for a family’s loss if a loved one was killed because of these hazards.
  • Product Liability: Manufacturers, designers, and sellers of products are responsible for creating products that are safe for consumer use. If a product causes injury or death because it was unsafe or didn’t have adequate warnings, one of these corporate parties may be held responsible.
  • Illegal Actions: If another person committed illegal actions and your loved one was killed as a result, you can file a wrongful death claim against them. This may include driving under the influence (DUI), interpersonal violence, robberies, or other violent crimes. In addition to this at-fault party facing criminal charges, you can hold them liable for civil penalties.
  • Workplace Injuries: Many employees work in dangerous jobs, such as on oil rigs, at construction sites, or in commercial trucks. If your loved one died while on the job, it’s likely that your family qualifies for death benefits through the workers’ compensation system. However, there are situations where you may also be able to file a wrongful death claim. This includes if there were intentionally reckless or malicious actions by an employer or co-worker or if a third party was the cause of the accident. An attorney can help you determine if you have a wrongful death claim if you lost a loved one while they were working.
  • Medical Malpractice: Those in the healthcare industry, including doctors, physicians, nurses, and pharmacists, have a high standard of duty of care to their patients. When a healthcare provider is negligent or careless, patients who trust them can suffer significant harm, long-term injuries, and even death. If you lost a loved one because a medical provider was negligent, you can file a claim for medical malpractice.

For further information about specific types of accidents, explore our expertise in:

How Can You Prove Fault in a Bakersfield Wrongful Death Claim?

To have a successful wrongful death claim, you must prove that another party’s negligence, recklessness, or malice was the cause of your loved one’s death. To prove negligence, you have to show the following:

  1. Your loved one was owed a duty of care by the at-fault party, or the defendant. The standard for this reasonable duty of care will rely on the other party’s relationship to your loved one. Drivers on the road owe each other a duty of care, and property owners owe those on their property a duty of care.
  2. The defendant breached that duty of care. This may include actions like failing to provide product warnings or instructions or driving while texting.
  3. The breach of their duty of care caused the accident. There must be a direct causation between the defendant’s breach of duty and the injury or accident that harmed your loved one.
  4. Your family suffered damages because of your loved one’s injuries. You may have suffered monetary losses from medical bills or funeral costs. You could also show a loss of companionship or consortium to earn fair compensation for your loss.

If your loved one died from something other than the defendant’s breach of their duty of care, a wrongful death case will not be successful. Your attorney can review your situation to see if your claim is valid.

Negligence is one way that the at-fault party may be responsible. To prove the other party’s recklessness or malice, this often means showing that the defendant broke state or federal laws. The party’s illegal behavior must lead directly to the accident, your loved one’s death, and the damages that you suffered. Once the at-fault party’s liability, recklessness, or malice has been proven, you can recover damages for your losses.

What Damages Are Available in a Bakersfield Wrongful Death Claim?

Many families underestimate the amount of damages that are available to them in a wrongful death claim. An attorney can help you accurately calculate the compensation that you deserve to make up for the financial harm of losing a loved one. Your family may be able to receive compensation for damages such as:

  • Funeral and Burial Costs: Compensation from a wrongful death claim can cover reasonable expenses for your loved one’s funeral and burial services.
  • Lost Financial Support: If the deceased loved one earned income for their family, this can be compensated in a wrongful death claim. Your attorney can calculate the income that your loved one should have earned from the date of their death to the age when they would have retired. They can use this to determine what would be fair compensation in your claim.
  • Property Damages: Any damages to personal property because of the accident are compensable as long as they are a direct result of the at-fault party’s actions.
  • Loss of Consortium: A surviving spouse of the deceased can receive compensation for the loss of support, affection, and consortium.
  • Family’s Pain and Suffering: Other close family members can receive compensation for their loss of companionship and other emotional damages.

Calculating these damages can be complex, but an attorney can fight for what your family deserves.

Survival Action Damages Available in Wrongful Death Claims

Survival action damages may be a part of a wrongful death claim. Claiming survival action losses is done on behalf of the decedent’s estate, and either covers:

  1. Losses that the deceased had the right to claim prior to their death
  2. Losses caused from the time of their injury to the time of their death, even if that was a short period of time

Heirs can file for survival actions on behalf of the deceased. Damages may include:

  • Medical treatment for the deceased’s injury prior to their death
  • Lost income between their injury and death
  • The deceased’s pain and suffering after the injury

Your wrongful death attorney can help determine if survival actions are appropriate for your unique circumstances.

How Does a Wrongful Death Lawyer Help My Family?

An attorney can help hold responsible parties accountable for the actions that caused your loved one’s death. They can handle the complex parts of filing a claim, including:

  • Provide you with legal support.
  • File the wrongful death claim.
  • Gather evidence to determine fault.
  • Calculate damages.
  • Negotiate with insurance providers or the at-fault party.
  • Argue for your needs in negotiation or litigation.

At the Law Offices of David Davidi, APLC, we want to fight for your right to compensation. Although financial compensation will never heal the harm that was done, it allows you and your family some momentary financial stability to heal.

FAQs About Bakersfield, CA Wrongful Death Law

How Do I File a Wrongful Death Claim in Bakersfield, CA?

If another person or party was responsible for an accident or injury that caused your loved one’s death, you may be able to file a wrongful death claim. However, only certain family members are allowed to file one. This claim can be filed with California civil courts and holds the at-fault party legally and financially liable for their negligent, reckless, or intentional actions. An attorney can help you file your wrongful death claim and cover damages such as medical costs, funeral and burial costs, and other losses.

How Long Do I Have to File a Wrongful Death Claim in Bakersfield, CA?

The statute of limitations for a wrongful death claim in California is 2 years from the date of the person’s death. If the cause of the person’s wrongful death was not clear at the time of their death, the 2-year statute may start when the cause of death is discovered or should have been discovered. Certain types of wrongful death claims have shorter statutes, such as medical malpractice claims or claims against the government. If your claim is not filed before the statute of limitations, you lose your right to claim compensation.

Who Can Sue for Wrongful Death in California?

Under California law, only certain family members and parties can file a wrongful death claim. This includes:

  • A surviving spouse or registered domestic partner
  • Surviving adult children
  • Surviving stepchildren and minor children
  • Surviving parents
  • The representative of the deceased’s estate
  • Other surviving relatives

Priority for a wrongful death claim is generally provided according to state intestate succession laws. If none of the other parties are able to or wish to file a claim, anyone with a legal interest in the deceased’s estate, or anyone who can prove that they were financially dependent on the deceased, can file a claim.

Why Should You Hire a Wrongful Death Lawyer?

Many families filing a wrongful death claim are dealing with immense grief and loss. It can be complicated to handle a legal claim under less stressful circumstances, and it can be much harder during a stressful time. A wrongful death attorney can:

  • Provide you with legal support.
  • Answer your questions.
  • Help you file your claim.
  • Gather evidence to support your case.

An attorney can improve your chances of maximizing compensation that allows your family to have time to heal.

Let the Law Offices of David Davidi, APLC, Support You

At the Law Offices of David Davidi, APLC, we understand how hard this time is for you. We want to give you the compassionate legal counsel you need. Contact our team today to see how we can guide you through your wrongful death claim.


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