Bakersfield Wrongful Death Lawyers

Bakersfield Wrongful Death Lawyers

One of the most traumatic experiences a family can go through is the sudden death of a loved one. It can be devastating if that person was the key family supporter and an at-fault party’s careless act took that support away. 

California’s law allows the surviving family members to file a wrongful death claim to hold the alleged liable party responsible and seek fair compensation for their loss. The skilled Bakersfield wrongful death lawyers at Farahi Law Firm, APC are here to help you seek justice.

Wrongful death claims can be complicated, and it can be difficult to prove the connection between injury and death, depending on the circumstances. If you have lost a loved one and feel that their death could have been prevented, you will need strong legal representation. Our experienced Bakersfield wrongful death lawyers will review your case to decide how best to proceed for the benefit of your surviving family.

Wrongful Death in Bakersfield

A wrongful death claim is a civil lawsuit for monetary damages. Under California law, the heirs of the deceased person or the personal representative of the estate of the deceased person, can file a compensation claim for the death of a person induced by the wrongful act or negligence of another person.

Family members in such accident claims are often unable to endure their family member’s loss along with the financial damages. Negligence has to be proved to deem the death wrongful, thus it is in plaintiffs’ best interest to have an experienced wrongful death attorney by their side.

Who Can File a Wrongful Death Claim?

State statute determines who can file a claim for wrongful death. Under California Civil Procedure Code 377.60, the wrongful death victims’ family members – or their representatives – are allowed to file a wrongful death claim:

• The surviving spouse or domestic partner or parents
• Wrongful death victims’ surviving children
• Any individual who might be qualified for the victims’ property by means of intestate progression, for example, next of kin
• People who were dependent on the victim for financial help, e.g. victim’s ex-partner or step-children

What Does a Wrongful Death Victim Need to File a Claim?

To file a wrongful death claim, your attorney will need to prove that the death of your loved one was caused by a negligent act or conduct of another person or institution. Negligence is the failure of a person or organization to behave with common sense and caution in a certain situation. To establish that a wrongful death has occurred, an experienced attorney will need to prove:

• The duty of care an individual or institution had to the deceased;
• How the individual or institution breached that duty of care, by act or omission;
• The proximate or direct link between the breach of duty of care of the individual/institution and the death of your loved one;
• And the damages resulted from the wrongful death of the victim.

At Farahi Law Firm, our personal injury lawyers are experienced in wrongful death claims that will know the best way to prove that the death of your loved one was due to the recklessness of another person and will make them liable.

What Damages Can I Claim?

The value of a person’s life can’t be calculated, and as Bakersfield wrongful death lawyers, we understand very well that money cannot compensate or recover the pain of losing a loved one. Our Bakersfield wrongful death lawyers may help recover compensation for family members and hold the negligent parties accountable for the damages they have caused.

In a wrongful death claim in Bakersfield, the available damages are similar to those of personal injury claims. The exact amount recoverable will depend upon the facts of a case. Whether it compensates the estate or the surviving family members for death-related losses, compensation for damages may include:

• Medical bills or expenses incurred due to the fatal injury.
• Funeral expenses
• Burial expenses
• Loss of future anticipated earnings of the deceased
• Loss of inheritance arising from untimely death
• Loss of benefits resulting from the death of the victim e.g. pension, medical coverage, etc.
• Pain and suffering, or mental anguish to the deceased’s family members
• Loss of companionship
• General & Punitive damages

Wrongful Death Statute of Limitations in Bakersfield

Like personal injury claims, wrongful death claims in Bakersfield must be filed within the statute of limitations. The statute of limitations is a procedural court rule that requires claims and lawsuits to be brought within a certain period that, in case of wrongful deaths, starts running from the day of the victim’s death.

California state law mandates that: wrongful death claims should be filed within two years from the date of death of the deceased. If the case is not brought within two years to the state’s civil court system, the family will not obtain the much-needed compensation for the death of their loved one, and they will almost certainly lose their claim.

Our experienced Bakersfield wrongful death lawyers can help you ensure that you file your claim before this deadline passes, and can help you obtain the wrongful death compensation you will require after losing your family member.

There is an important exception to this rule. In cases where the cause of a person’s death was not apparent when the person died, but later the cause is discovered and it is due to the negligence of an individual or corporation, the amount of time the family has to file a wrongful death claim can be extended. 

Other exceptions appear when the wrongful death case is against a public entity. Often, in these cases, the heirs of the deceased only have 6 months from the date of the decease of the victim to make a wrongful death claim. This can include motor vehicle accidents with government vehicles, malpractice at a government-run medical center, accidents at public schools, and more.

If a minor wishes to sue for the death of a parent, there are special rules. The minor will have until two years from the day they turn 18 to file a wrongful death claim, regardless of the date of death of the parent.

Understanding the statute of limitations and its exceptions can be a complicated task to endure, even more, when your mind is concentrating on grieving the loss of a loved one.

This is why you will require the legal advice of the best lawyers in Bakersfield to explain to you in detail the law and its exceptions, and how it can be applied to your wrongful death claim before time expires. The best way to ensure you are within the statute of limitation to file your wrongful death claim in Bakersfield is to consult with Farahi Law Firm’s expert personal injury attorneys.

Common Causes of Wrongful Death

There are several causes of wrongful death. Wrongful death can be caused by individuals, associations, or companies. Listed below are some of the most common situations that lead to wrongful death:

• Car Accidents
• Motorcycle Accidents
• Bicycle Accident
• Truck Accidents
• Workplace Accident
• Medical malpractice
• Medical errors
• Nursing home abuse/neglect
• Product liability

Regardless of the cause, a wrongful death claim should be handled by expert Bakersfield wrongful death lawyers to avoid additional mental anguish to the victim’s family.

Importance of Consulting a Skilled Wrongful Death Lawyer

To establish wrongful death, it is necessary to prove that a person has failed to act reasonably and sensibly; that their negligent actions caused a death. An aggressive attorney will conduct a thorough investigation to determine the details related to the death of your loved one and help you take appropriate action.

Wrongful death lawsuits provide a sense of closure that many grieving loved ones of the victim find beneficial for the recovery process. But, when you or your family is in the grieving process, it is hard to think logically, so you will need to contact a wrongful death lawyer with sufficient expertise to deal with such cases. 

Wrongful death litigation is complex in nature, and it can be difficult to deal with the insurance companies involved. A well-prepared attorney on your case results will ensure that the insurance company doesn’t make a low-ball offer and you receive the fair financial compensation you deserve to get through this difficult time.

Contact Us

Bakersfield wrongful death lawyers at Farahi Law Firm, APC understand the sensitivity of the cases involving the loss of a loved one. We are committed to getting you the justice, legal action, and adequate compensation you deserve. While you and your family focus on coping with your grief and start to heal, we will handle the legal end of things for you.

If you have lost a family member due to someone else’s negligence in Bakersfield, CA, you have a right to file a claim for wrongful death and obtain financial compensation for the damages you’ve suffered. With Farahi Law Firm’s No Fee Guarantee, you can hire professional Bakersfield wrongful death lawyers without worrying about paying for legal services. 

Contact us at (661) 669-7239 to schedule a free consultation with one of our experienced and compassionate Bakersfield wrongful death attorneys today. 

Bakersfield Wrongful Death Lawyers: FAQs

Here are some of the frequently asked questions about accident and injury claims for wrongful death cases. 

Who will pay for the wrongful death compensation?

Wrongful death claims are often paid by the insurance of the guilty party. This means that if the wrongful death was due to the negligence of an individual or company, their insurance should compensate you for all you have suffered after losing your loved one.

How much does it cost to make a wrongful death claim?

After the loss of your loved one, you will not have to incur any expenses attempting to get compensation. You just have to contact us completely free of charge, and we will assist you with your claim. Moreover, we have a strict policy that we will not charge any fees until we win the claim, and the fees will be paid by the defendant’s insurance.

Why would I need a lawyer to file a wrongful death claim?

The Wrongful Death attorneys at Farahi Law Firm will help you gather evidence, plan a strategy, and settle your case. You will not have to interrupt your grieving and recovery process worrying about a claim: we will help you.

How long is the wrongful death claim going to take?

The time a wrongful death claim takes to settle depends on many factors. Some cases are settled without going to trial, and some require further litigation to be settled. No matter how long, we will be present to help you through the process.