At Jacoby & Meyers, we know what it’s like to lose a loved one. The grief and emotional turmoil can be overwhelming. When someone’s careless or reckless actions cause the death of another person, it can be even harder to come to terms with the loss. Our attorneys are dedicated to helping families in Bakersfield seek the justice they deserve in these situations.
Find out whether you have a wrongful death claim, what this can mean for your family’s future and how to proceed with the strongest possible case during a free consultation with one of our attorneys. Contact us today. Because you deserve justice.
Why Clients in Bakersfield Choose Our Wrongful Death Lawyers
- You come first. Your satisfaction and success are our goals, and we will strive to achieve this for you every day. Tens of thousands of clients have been able to move forward with their lives after benefitting from our legal representation.
- We have experience. Our law firm has been representing individuals and families in California since 1972. Your wrongful death case will be handled by a team of highly skilled attorneys, case managers, assistants and negotiators.
- We get results. Our lawyers have collected more than $2 billion in settlements for clients. We’ve secured the results our clients need to feel heard and seen by the justice system after suffering from the wrongdoing of others, including wrongful deaths.
How Can a Bakersfield Wrongful Death Lawyer Help?
Navigating the complex legal elements of a wrongful death claim can be difficult, especially while processing the death of your loved one. An attorney can investigate the fatal incident, determine fault, collect evidence, and help prove your claim against one or more parties. A lawyer knows how to negotiate a fair settlement with defendants to help your family get the justice and compensation you need.
What Is Wrongful Death? What Are Examples of Wrongful Death?
A “wrongful death” in law describes a loss of life due to a careless, negligent, reckless, malicious or wanton act by another person. If someone is negligent, or fails to exercise a reasonable level of care and prudence, it can lead to a wrongful death claim. Examples include fatal car and truck accidents, slip and falls, workplace accidents, and dog attacks.
Wrongful death claims in Bakersfield can also arise due to medical malpractice, or the failure of a health care professional to adhere to the required standards of patient care. Examples include deadly surgical errors and medication mistakes. Finally, a wrongful death claim can be filed after someone intentionally causes a death, such as a case of fatal physical assault or homicide.
What Must Be Proven in a Bakersfield Wrongful Death Claim?
The burden of proof in a wrongful death claim is less than in a criminal case. In the civil justice system, the burden of proof is “based on a preponderance of the evidence,” meaning what is being claimed is more likely to be true than not true. In criminal law, a crime must be proven “beyond a reasonable doubt.”
The burden of proof rests with the filing party or plaintiff in a wrongful death case, while it is the prosecutor who must prove a criminal case. To prove wrongful death, you need compelling evidence of negligence or fault. This may include eyewitness statements, accident or crime scene evidence, photographs, videos, police reports, medical records, and expert testimony.
Who Has the Right to File a Wrongful Death Claim in California?
The state’s wrongful death law, California Civil Code of Procedures § 377.60, allows certain family members and close relations of the decedent (deceased person) to file a wrongful death claim if the required legal elements are present.
These parties include:
- The decedent’s surviving spouse or domestic partner
- The decedent’s surviving children
- The children of any deceased child of the decedent
- Anyone entitled to the decedent’s property under California’s laws of intestate succession, which may include:
- The decedent’s parents
- The decedent’s siblings
- Anyone who can show they were financially dependent on the decedent, such as:
- A putative spouse of the decedent
- Children of a putative spouse
- The decedent’s stepchildren
In general, these parties are given the right to file a wrongful death claim in this order. If you are not sure whether you have the right to file a claim, consult with our attorneys.
What Damages Are Available?
The “damages,” or financial compensation, available to plaintiffs in a wrongful death claim aim to make a family whole again. While nothing can ever equal the life of your loved one, a fair settlement or judgment award from the at-fault party can deliver justice.
Various types of economic and noneconomic damages may be available in a Bakersfield wrongful death case, including:
- Funeral and burial expenses for the decedent
- Loss of the wages and financial support the decedent would have contributed
- Lost value of the decedent’s household services
- Loss of the decedent’s love, companionship, care and guidance
At Jacoby & Meyers, we are dedicated to achieving full financial recoveries for our clients. We pursue high settlements and loss of consortium claims in wrongful death cases, where warranted. We are skilled at negotiating with insurance companies and litigating wrongful death claims in court in Kern County, when necessary.
What Is the Statute of Limitations on a Bakersfield Wrongful Death Claim?
It is critical to act quickly if you wish to pursue compensation for the wrongful death of your loved one in a Bakersfield accident. California has a law known as the statute of limitations that places a time limit on the ability to bring a cause of action. If you wait too long and miss your deadline, you’ll most likely lose the right to hold someone responsible.
Cal. Civ. Proc. Code § 335.1 states that “An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” must be commenced within two years. In a wrongful death case, this means two years from the date of the decedent’s death rather than the date of the accident, if the two differ. Some circumstances can shorten or lengthen the filing deadline; contact an attorney right away to avoid missing your time limit.
Contact Us for a Free Wrongful Death Case Evaluation in Bakersfield
Jacoby & Meyers is here for you if you recently lost a loved one in an accident in Bakersfield or the surrounding area. Our mission has always been to provide hard-working families in California access to high-quality legal services to maximize their recoveries – financial, physical and emotional. We will fight for the justice you deserve.
Request a free, no-pressure consultation with a knowledgeable wrongful death lawyer today. Contact us by sending us a secure message online or calling our Bakersfield office (located at 2020 Eye St, Bakersfield, CA 93301) at (661) 402-8934.
Call or text 888-522-6291 or complete a Free Case Evaluation form