Bakersfield Wrongful Death Lawyers

Practice Areas Bakersfield Lawyers Bakersfield Wrongful Death Lawyers

The loss of a loved one—a spouse, child, or parent—is always difficult. But when someone’s negligence or recklessness causes a loved one’s death, it’s even more heartbreaking. Those left behind may struggle with anger toward the responsible party in addition to the pain of their loss. On top of the emotional impact of the death of a family member, there may also be a significant loss of income and, consequently, financial challenges.

Of course, no amount of money can bring back a lost partner or family member, but a wrongful death lawsuit can help fill in gaps from lost financial support and achieve some measure of justice for a victim’s survivors.

The Bakersfield wrongful death lawyers at Chain | Cohn | Clark have helped the survivors of many people who died through others’ negligence, including:

• An $8.8 million settlement from Kern County for a father of two killed by a speeding police officer.
• A $6 million settlement for a father of two killed by a drowsy truck driver.
• A $2.5 million settlement from Kern County for a 72-year-old woman killed when a speeding deputy ran a red light and hit her car.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal proceeding to recover financial damages and is different from criminal charges like murder or manslaughter. However, the survivors of a murder or manslaughter victim can file a wrongful death lawsuit against the perpetrator, whether or not the perpetrator is charged with a crime. For example, O.J. Simpson was famously found not guilty for killing his ex-wife and her friend but was found liable for their deaths in a wrongful death lawsuit and ordered to pay $33.5 million in damages.

A wrongful death is when someone dies due to another person’s knowing or negligent actions. In other words, a wrongful death is not a death by natural causes; rather, it’s a preventable death that occurs because of someone’s wrongful actions.

Negligence is the failure to take steps or actions that a reasonable person would take in a similar situation. In some cases, there is more than one responsible party. Proving negligence in a wrongful death case requires a plaintiff to show:

1. The defendant was negligent.
2. The victim died.
3. The defendant’s negligence played a substantial role in the victim’s death.

Chain | Cohn | Clark’s team of wrongful death lawyers knows how to collect and present evidence to prove your wrongful death case and either negotiate a fair settlement or win your case at trial.

Common Causes of Wrongful Deaths

Sadly, there are many common causes of wrongful deaths, including:

• Car accidents, including crashes involving drivers who are drunk, on drugs, committing moving violations, distracted, or dozing at the wheel
• Medical malpractice
• Workplace accidents
• Truck accidents
• Pedestrian, bicycle, and motorcycle accidents
• Slip-and-fall accidents in businesses
• Defective products

Chain | Cohn | Clark’s wrongful death attorneys are experienced in the nuances of all these areas of personal injury law.

Who Can File a Wrongful Death Lawsuit?

The California Code of Civil Procedure (CCP) Section 377.60 specifies who may file a wrongful death lawsuit:

• The victim’s spouse (or legally registered domestic partner)
• The victim’s children and grandchildren
• Those who would inherit the victim’s property if they died without a will
• The victim’s parents (or the victim’s legal guardians, if the parents have died)
• The victim’s dependent “putative spouse”—someone who believed they were married to the victim—and the children of the putative spouse
• The victim’s stepchildren
• A minor who lived at least half of the year with the victim and depended on the victim for half or more of their support at the time the victim died

In addition to this somewhat esoteric list of people qualified to file, there are other complexities to wrongful death lawsuits.

One such complication is the so-called one-action rule—the California Supreme Court has interpreted CCP Section 377.60 to mean that “all heirs should join or be joined” in a wrongful death lawsuit and that “a single verdict should be rendered for all recoverable damages. . . . [O]nly one action for wrongful death may be brought whether, in fact, it is instituted by all or only one of the heirs. . . . [T]here cannot be a series of suits by heirs against the [defendant].”

What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit?

In general, California’s statute of limitations for filing personal injury lawsuits—including wrongful death lawsuits—is two years. In a wrongful death case, a lawsuit needs to be filed within two years of the date of death. There are some notable exceptions:

• A wrongful death lawsuit against a health care provider (i.e., for medical malpractice) must be filed within one year of the date of death.
• A wrongful death lawsuit against a public entity may need to be filed within six months of the date of death.

Once the statute of limitations expires, a wrongful death lawsuit will in all likelihood be dismissed by the court. Because it’s so important for a suit to be filed within the stipulated time frame, we highly recommend contacting our team of Bakersfield wrongful death attorneys as soon as possible for a free review of your case.

What Kind of Compensation Is Available in a Wrongful Death Lawsuit?

There are two types of damages available in wrongful death lawsuits (as specified in the Judicial Council of California Civil Jury Instructions):

1- Economic damages reimburse a victim’s heirs for the value of the support they would have received if their loved one had not been killed. These damages include:

• Past financial support (from the time of death to the time of the trial)
• Future financial support the deceased would have contributed to the family
• Past and future lost gifts or benefits the family would have received
• Funeral and burial expenses
• Past and future household services the deceased would have provided

2 – Noneconomic damages attempt to compensate families for the intangible benefits of their relationship with their lost loved one, also called loss of consortium. These damages include:

• Loss of past and future love, companionship, comfort, care, assistance, protection, affection, society, and moral support
• Loss of the enjoyment of sexual relations
• Loss of the deceased’s training and guidance

Contact a Wrongful Death Attorney in Bakersfield for Help Today

If your loved one died because of someone’s negligence, let Chain | Cohn | Clark’s top Bakersfield wrongful death attorneys help you seek the compensation you deserve. Our lawyers will walk you through the process, step by step.

Contact us today for a free, no-obligation evaluation of your case.

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