Facing the loss of a loved one is an impossible feat, especially when it is at the hands of a negligent person or company. You may be eligible to pursue compensation when a car accident, medical mistake, slip and fall, defective product, or other incident is the reason for your loved one’s untimely passing.
Moving through the legal system can be particularly challenging during the grieving process; however, a compassionate personal injury attorney could help alleviate the emotional burden on you and your family. Our Bakersfield wrongful death lawyers are here to provide key legal guidance and advocacy for you during this tumultuous time.
Common Causes of Wrongful Death Cases
Whenever a person passes away because of another party’s carelessness, the surviving family members could be eligible to file a negligent death suit. Often, the following incidents justify a wrongful death claim:
- Fatal rollover car crashes
- Grievous medical errors, such as giving someone the wrong medication
- Exposure to deadly levels of asbestos or lead in an apartment
- Criminal homicides
- Pedestrian accidents
When the person bringing the suit can trace their loved one’s death back to another’s intentional or unintentional actions, they likely have a viable claim.
Proving that a person or business’s actions caused someone’s death is not always straightforward; it requires a trained eye. A wrongful death attorney in Bakersfield helps survivors collect critical evidence, such as medical records or surveillance footage, that could help prove their case.
Who Can File a Wrongful Death Lawsuit?
The California Code of Civil Procedure § 377.60 contains an exhaustive list of people who can bring a legal claim following their loved one’s death. Those entitled to file a suit include the decedent’s spouse, domestic partner, children, parents, and grandchildren. These parties can bring the claim themselves, or the decedent’s personal representative can do so.
Determining who can bring a claim and what damages they may receive can be nuanced, requiring an intricate understanding of California’s many laws. Bakersfield attorneys counsel those wishing to bring negligent death claims, so they know their rights and what they might expect to arise during the legal process.
What Can Someone Receive in a Wrongful Death Proceeding?
In this type of suit, the decedent’s surviving family members bring a claim to recover the damages they have incurred or are likely to incur due to their loved one’s passing. Under C.C.C.P. § 377.61, recoverable damages could include:
- Burial expenses
- Loss of financial support
- Loss of inheritance or gifts
- Protection and training
Eligible parties—mainly the decedent’s personal representative—can also bring a separate survival action to recover the damages the decedent experienced between when they were injured and when they died. A lawyer in Bakersfield will help plaintiffs determine what compensation they can receive because of their loved one’s wrongful death. They can also review settlement proposals from insurance companies or at-fault parties to discern whether they are fair offers.
Call a Wrongful Death Attorney in Bakersfield for Assistance
When your loved one passes because of the actions of a negligent person, you may not have to shoulder the financial losses of their death. Filing a wrongful death action allows you to recover compensation, such as loss of financial support or funeral expenses.
Our team of compassionate advocates is here to listen to your story and determine the most effective course of action to compensate you for your loss. Contact our talented and dedicated Bakersfield wrongful death lawyers today to schedule a consultation.
