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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 someone’s careless act took that support away.
California’s law allows the surviving family members to file a lawsuit to hold the alleged negligent party liable and seek 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 should 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 lawsuit for the death of a person induced by the wrongful act or negligence of another person. Family members in such claim are often seen unable to endure their family member’s loss along with financial burden. Negligence has to be proved to deem the death wrongful, thus it is in plaintiffs’ best interest to have an experienced wrongful death lawyer by their side.
Who may Sue for Wrongful Death?
State statute determines who can file a lawsuit for the wrongful death. Under California Civil Procedure Code 377.60, the following victims’ family members – or their representatives – are allowed to file a wrongful death lawsuit:
• The surviving spouse or domestic partner or parents
• 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 do I Need to Make a Wrongful Death Claim?
To make 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, the 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 we have experts 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. Farahi Law Firm’s Bakersfield wrongful death lawyers may help to bring justice to the victim’s family members, and hold the negligent parties accountable for the damages they have caused.
In a wrongful death lawsuit in Bakersfield, available damages are pretty much similar to those of personal injury claims. The exact amounts involved would depend upon the facts of a case. Whether it compensates the estate or the surviving family members for death-related losses, damages include:
- Medical bills or expenses incurred during the final illness or injury of the deceased.
- Immediate expenses associated with the death (funeral & burial).
- 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 love, care, protection, guidance, and companionship to the survivors.
- 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 since the day of the victim’s death.
California state law mandates that wrongful death claims should be made 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 wrongful death attorneys can help you ensure that you file your lawsuit before this deadline passes, and can help you obtain the compensation you will require after losing your loved 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 car accidents with government vehicles, malpractice at a government-run medical center, accidents at public schools, and more.
If it’s a minor who 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 in Bakersfield 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 assistance of an experienced wrongful death attorney from Farahi Law Firm who explains to you in detail the law and its exceptions, and how it can be applied to your case. The best way to be sure about the statute of limitations in Bakersfield is to consult with our expert attorneys.
Common Causes of Wrongful Death
There are several causes of wrongful death, which can be caused by individuals, associations, or companies. Listed below are some of the most common situations that lead to a wrongful death claim:
- Car Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Truck Accidents
- Work-Related Accidents
- Medical Malpractice
- Nursing Home Neglect
- Products Liability
Regardless of the cause, a wrongful death lawsuit should be handled by an expert wrongful death attorney to avoid causing 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 his or her negligent actions caused death. An Attorney on your case 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’re in the grieving process, it’s hard to think logically and so you 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 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.
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 and 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 (844) 4-JUSTICE to schedule a free consultation with one of our experienced and compassionate Bakersfield wrongful death attorneys today.
Frequently Asked Questions
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.
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.
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 lawsuit: we will help you.
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.