Lost a loved one in Bakersfield?Talk to a lawyer for free.

The spouse or registered domestic partner, the children, and the children of a child who has died. If there are no children or grandchildren, the people who would inherit under California law, which can include parents. Some people who were financially dependent on the person can also bring a claim, such as stepchildren or parents, and so can a child who lived in the home for the 180 days before the death and depended on the person for at least half of their support (CCP §377.60). Each family member has their own claim, but California ordinarily has them brought together in one lawsuit, and the court divides any award among them (§377.61).

Generally two years from the death to file a lawsuit. If a public agency may be responsible, such as the City of Bakersfield, Kern County, GET or Caltrans, a written claim is generally due within six months, and if it's rejected, a lawsuit usually has to follow within six months of the notice. In some cases a lawyer can ask for permission to file a claim late, within one year (Gov. Code §911.4). It's worth talking to a lawyer early, even if your family isn't ready to decide anything.

California allows damages that are “just” under all the circumstances (CCP §377.61): the financial support the person would have given, gifts or benefits the family would have expected, funeral and burial costs, the value of their household services, and the loss of their love, companionship, comfort, care, assistance, protection, affection, society and moral support, and, for a child, a parent's training and guidance (CACI 3921). A person doesn't have to have earned a paycheck for the loss to count. California measures the loss of the relationship; it doesn't put a separate price on grief itself.

When a minor child dies, the parents can bring a claim, and it can include funeral and burial costs, the value of any support and household services the child would have given, and the loss of the child's love, companionship, comfort, care, assistance, protection, affection, society and moral support (CACI 3922). If an adult child leaves a spouse or children, the claim generally belongs to them, though parents who depended on the child can also bring one (CCP §377.60). If a school district or another public agency may be responsible, the six-month claim rule applies, so it helps to talk to a lawyer early.

It's a separate claim that belongs to the person's estate, for losses they had before they died, such as medical bills and lost earnings (CCP §377.30). The estate's personal representative brings it, or, if no probate case is open, a family member who is the successor in interest can, by signing a sworn declaration (§377.32). For survival claims filed on or after January 1, 2026, California law doesn't allow damages for the person's own pain and suffering before death; claims filed from 2022 through 2025 could include them (§377.34).

Possibly. If the death was caused by a crime, including a hit-and-run driver or a driver under the influence, the California Victim Compensation Board may help the family with funeral and burial costs, counseling and lost support, when insurance doesn't cover them. The Kern County District Attorney's Victim Services, at 1300 18th Street, (661) 868-5960, helps families of DUI and hit-and-run victims apply. For what California law says after these accidents, see our pages on drunk driving accidents and hit-and-run accidents in Bakersfield.

Yes. Our office is at 5100 California Ave, Suite 104, Bakersfield, CA 93309. Come in if you like, or we'll come to you at home. Call (800) 985-9565 any time, 24/7.

Nothing upfront. Your consultation is free, and no attorney's fees are owed unless we recover compensation for you. You may be responsible for case-related costs and expenses; we'll explain them before you sign.