Families who have lost a loved one suddenly may need to know what a wrongful death lawsuit is. If someone dies because someone else was careless, reckless, or hurt them on purpose, the family members who are still alive can file a wrongful death lawsuit. This lawsuit is intended to hold the responsible party accountable for the loss and assist the families in getting back on their feet.
There are many reasons why wrongful death cases can happen in Bakersfield, California. These include car accidents, truck crashes, medical malpractice, accidents at work, and even violent crimes. To clearly understand your rights and options during these challenging times, it’s essential to comprehend how these cases are handled under California law.
Understanding Wrongful Death in California
A wrongful death claim is when someone dies because of someone else’s careless or wrong actions. Civil law, rather than criminal law, governs wrongful death cases. The primary goal is to recover the money, not to punish the person responsible.
These cases are meant to help survivors get money for the emotional, financial, and mental losses they have suffered.
According to California law, specifically California Code of Civil Procedure §377.60, specific individuals are legally permitted to file wrongful death lawsuits.
Generally, eligible plaintiffs include the deceased’s spouse, domestic partner, children, grandchildren, or other parties who were financially dependent upon the deceased.
Common Types of Wrongful Death Cases in Bakersfield
In Bakersfield, common wrongful death lawsuits often involve situations such as:
Car and Motorcycle Accidents
Vehicle collisions are among the leading causes of wrongful death in California. High-speed impacts, reckless driving, or DUI incidents can result in fatalities, leaving families with immense emotional and financial burdens. Our Bakersfield car accident attorneys and motorcycle accident attorneys regularly assist families facing these tragic circumstances.
Trucking Accidents
Due to their size and weight, truck accidents are hazardous. Faulty maintenance, driver fatigue, or improper cargo loading can lead to deadly collisions, prompting complex wrongful death litigation. Learn more about these situations by visiting our truck accident page.
Medical Malpractice
Doctors and medical providers have a duty of care towards patients. Failure to meet acceptable medical standards—such as surgical errors, medication mistakes, or misdiagnoses—can tragically result in wrongful death claims.
Workplace Incidents
Employers have a responsibility to maintain safe working conditions. Negligence in workplace safety can lead to fatal accidents, particularly in industries such as construction, oil and gas, agriculture, and manufacturing.
How Does a Wrongful Death Lawsuit Work?
A civil lawsuit for wrongful death starts when the family of the person who died or their lawyer files a lawsuit against the person who caused the death. After the claim is filed, it usually goes through a few steps:
Investigation and Gathering Evidence
A comprehensive investigation is crucial. This includes reviewing police reports, medical records, and witness statements, as well as consulting experts to establish liability and the full extent of damages.
Filing the Claim
Your attorney will prepare and file legal documents to officially initiate the wrongful death claim in the appropriate Bakersfield court.
Negotiations and Settlements
Most wrongful death cases are resolved outside of court through negotiations. Experienced attorneys will negotiate aggressively to secure fair wrongful death settlements that reflect the family’s losses.
Trial and Verdict
If a settlement cannot be reached, the case proceeds to trial, where evidence is presented, and a judge or jury determines liability and appropriate compensation.
Who Can File a Wrongful Death Claim in California?
California law specifies who is eligible to file a wrongful death lawsuit. This ensures that the individuals most affected by the loss can obtain justice. In California, the following people usually have the right to file a wrongful death claim:
Surviving Spouse or Domestic Partner
The spouse or domestic partner of the person who died usually has the right to file a wrongful death claim. This recognizes their direct marital or partnership bond and the profound personal and financial effects of their loss.
Children of the Deceased
The deceased’s children, whether they are biological or legally adopted, can also file. This also applies to the case of children (grandchildren) who have died if their parent (the deceased’s child) has also died. The law understands how much it hurts to lose a parent who could give you advice, support, and care.
Parents who don’t have a spouse or kids
The parents of the deceased may be able to file if there is no surviving spouse, domestic partner, or children, especially if they were financially dependent on their adult child.
This is especially important when the person who died was the primary caregiver or money provider for elderly parents.
Other Dependents
In some cases, other individuals who relied on the deceased for financial support may also be eligible.
This could include stepchildren who relied on the deceased for at least half of their support for a set amount of time, or a “putative spouse,” which is someone who thought they were legally married to the deceased, even though the marriage was later found to be invalid. The rules for these people can be hard to understand.
Damages You Can Recover in a Wrongful Death Lawsuit
In wrongful death cases, surviving family members may seek compensation for both economic and non-economic damages, reflecting the multifaceted losses incurred.
Economic Damages
These are the quantifiable financial losses that tear at the fabric of a family’s stability. They represent the direct financial support and contributions the deceased would have provided, now cruelly stripped away:
Medical and funeral expenses:
The heartbreaking costs associated with any final illness, emergency care, and laying a loved one to rest add financial burden to immense sorrow.
Lost income and future financial support:
The devastating realization that the income, the steady provision, and the secure future your loved one was building for your family is now gone, leaving uncertainty and fear.
Loss of benefits like health insurance or pension plans:
The sudden absence of critical benefits that once safeguarded your family’s health and future has now become a new source of anxiety.
The value of household services the deceased would have provided:
Recognizing the countless, often unseen, contributions your loved one made to daily life – childcare, home maintenance, budgeting – duties that now fall heavily on grieving shoulders.
Non-Economic Damages
These are the truly heartbreaking losses, the invisible wounds that run deeper than any financial tally. They represent the profound emotional and relational void left by a life cut short:
Emotional pain and suffering:
The crushing weight of grief, the sleepless nights, the unbearable ache of absence that permeates every moment, knowing your loved one was taken too soon.
Loss of companionship, love, and emotional support:
The shattering reality is that the comforting presence, the shared laughter, the quiet understanding, and the most profound emotional bond you once cherished are now forever gone.
Loss of guidance and nurturing for surviving children:
The painful knowledge that children will grow up without the wisdom, comfort, and unconditional love of a parent, missing vital guidance through life’s milestones.
California law states that wrongful death claims can’t include punitive damages, which are intended to punish the wrongdoer.
However, they may still be available in related “survival actions” if the person who died went through a lot of pain before they died.
This difference highlights the importance of conducting a thorough legal review to ensure that every possible path to justice and compensation is explored.
What to Expect During a Wrongful Death Lawsuit
Going after a wrongful death lawsuit is hard on the heart. The process involves a significant amount of paperwork, gathering evidence, and potentially attending court. An experienced and caring lawyer can help alleviate some of the stress by taking care of all the legal issues, allowing your family to focus on healing and starting over.
People who have lost a loved one and are having a lot of emotional problems may also need counseling and other mental health services. Families can often afford these vital support services after a wrongful death suit helps them get their money back.
Statute of Limitations for Wrongful Death in California
California’s statute of limitations generally requires wrongful death lawsuits to be filed within two years from the date of the deceased person’s death.
If you miss this deadline, you likely lose your right to pursue compensation.
This makes it critical to speak with an attorney as soon as possible after a wrongful death occurs.
Wrongful Death Settlements vs. Going to Trial
Settlements outside of court are common in wrongful death cases. Settlements are often better because they take less time, cost less, and are less stressful than going to court.
But in some cases, you have to go to court, especially if the defendant disagrees with the claim or if the settlement offers aren’t enough.
A wrongful death lawyer with a lot of experience can tell you whether a settlement or a trial is best for your situation.
For examples of successful wrongful death settlements and trials, visit our verdicts & settlements page.
How a Bakersfield Wrongful Death Attorney Can Help
A wrongful death lawsuit begins when the surviving family or their legal representative files a civil lawsuit against the party responsible for the death. Once the claim is filed, it typically involves several stages:
Investigation and Gathering Evidence
A comprehensive investigation is crucial. This includes reviewing police reports, medical records, witness statements, and consulting experts to establish liability and the full extent of damages.
Filing the Claim
Your attorney will prepare and file legal documents to officially initiate the wrongful death claim in the appropriate Bakersfield court.
Negotiations and Settlements
Most wrongful death cases are resolved outside of court through negotiations. Experienced attorneys will negotiate aggressively to secure fair wrongful death settlements that reflect the family’s losses.
Trial and Verdict
If a settlement cannot be reached, the case proceeds to trial, where evidence is presented, and a judge or jury determines liability and appropriate compensation.
Our lawyers at Kuzyk Car Accidents & Personal Injury Lawyers have been assisting families with wrongful death lawsuits in Bakersfield and throughout California for decades. Our caring lawyers prioritize your family’s emotional and financial well-being.
Learn more about our experienced attorneys by visiting our company profile page.
Contact Kuzyk Car Accidents & Personal Injury Lawyers Today
Understanding what a wrongful death lawsuit is is a crucial first step toward seeking justice for your loved one. If you’re considering pursuing a wrongful death claim in Bakersfield, Kuzyk Law is here to provide experienced legal assistance and compassionate support.
Please don’t hesitate to reach out for a free, confidential consultation. Call us or complete our online form on our contact page. To learn how we have helped other families navigate wrongful death cases, please visit our client testimonials page.
You don’t have to face this difficult time alone—Kuzyk Car Accidents & Personal Injury Lawyers is committed to supporting you every step of the way.
