Losing a family member because of someone’s negligence creates a void that can’t be filled. While you and your family focus on grieving, questions about the future demand answers. A dedicated Bakersfield wrongful death lawyer can help you through every phase of the claims process.
A wrongful death claim provides a legal path for holding the responsible party accountable and securing your family’s financial stability. The Law Offices of Mickey Fine is here to help you seek justice for your loved one.
A successful claim is built on a solid foundation of evidence and legal strategy. Contact the Law Offices of Mickey Fine for a no-obligation consultation to discuss your case at (661) 333-3333.
You may file a wrongful death claim if another party’s wrongful act or negligence caused your family member’s death.
In California, eligible filers typically include the surviving spouse, domestic partner, and children of the deceased.
A claim can seek recovery for financial losses like lost income and funeral expenses, and non-economic damages like the loss of companionship.
Why Choose Law Offices of Mickey Fine for Your Wrongful Death Claim
The Law Offices of Mickey Fine provides the compassionate and skilled advocacy your family requires during this challenging time. We focus on building a strong case so you can focus on healing.
A Deep Connection to the Bakersfield Community
Our firm helps clients whose lives were changed by incidents on major routes like the Westside Parkway or Highway 99. We serve families from all over Kern County, from Seven Oaks and Laurelglen neighborhoods to communities across the region.
A Meticulous Approach
We build every case with precision and care. We work diligently to structure a powerful legal argument on your behalf. Our approach involves a comprehensive investigation to secure the evidence needed to clearly define the negligence that occurred and the full extent of your family’s loss.
Your family deserves a powerful and articulate presentation of the facts.
We’re Here for Your Family
We commit to clear and consistent communication. We take the time to answer your questions and translate complex legal concepts into plain English, empowering you to make informed decisions.
When you work with us, you have a dedicated partner committed to advocating for your family’s best interests. A Bakersfield wrongful death lawyer from the Law Offices of Mickey Fine is ready to help. Call us at (661) 333-3333 to start the conversation.
Who Is Eligible To File a Wrongful Death Claim in California?
California law specifies who has the legal standing to file a wrongful death lawsuit. The law aims to provide a remedy for those who suffer the most direct harm from the loss of a loved one. The state establishes a clear hierarchy for potential claimants.
Surviving Spouse: The legally married partner of the deceased can file a wrongful death claim.
Domestic Partner: A registered domestic partner has the same legal right to file a claim as a surviving spouse.
Surviving Children: The biological and adopted children of the decedent are also eligible to bring a wrongful death action.
These individuals are presumed to have suffered direct financial and emotional harm from the loss. They can file the claim jointly or individually.
Other Parties Who May Demonstrate Financial Dependence
If there are no surviving persons in the first category, the law allows others who were financially dependent on the deceased to file a claim. This can include a putative spouse, children of a putative spouse, stepchildren, or parents.
These individuals must be able to articulate how they relied on the deceased for financial support. The legal process for this group is more complex, as they must prove their financial dependency. A Bakersfield wrongful death lawyer can help show this connection.
Types of Damages in a Bakersfield Wrongful Death Case
A wrongful death claim allows the family to recover damages for their losses. An experienced attorney can help interpret all available evidence to build a comprehensive recovery demand.
Recovering Economic Losses
Economic damages refer to the tangible financial losses that result from your loved one’s passing. Your attorney works to identify and document these specific costs to build a strong foundation for your claim.
These may include:
Loss of Financial Support: Your family may recover the income the deceased would have earned and contributed.
Loss of Gifts or Benefits: The claim may include the value of gifts or benefits the family expected to receive from the deceased.
Funeral and Burial Expenses: A claim may recover the reasonable costs of your loved one’s final arrangements.
Household Services: You may recover damages for the value of the services the deceased provided for the home, such as childcare or home maintenance.
Accounting for Non-Economic Losses
Non-economic damages address the intangible, personal losses the family has endured. These are deeply personal and reflect the human cost of the tragedy. An experienced Bakersfield wrongful death lawyer can help your family articulate the depth of this loss.
California law permits recovery for these harms, which include:
Loss of Companionship: These damages compensate for the loss of the deceased’s presence, love, and comfort.
Loss of Protection and Guidance: The family may pursue compensation for losing the care and moral support the loved one provided.
Loss of Consortium: A surviving spouse or domestic partner may claim damages for the loss of their intimate relationship.
Pursuing a Survival Action for the Estate
A survival action is a distinct legal claim brought by the deceased person’s estate to recover the damages your loved one incurred between the time of their injury and their passing. Unlike a wrongful death claim, which compensates the family for their own losses, a survival action addresses the harm suffered directly by the victim.
This type of claim allows the estate to seek compensation for medical bills before death and any wages the deceased lost during that period. California law also allows the estate to pursue punitive damages if the defendant’s conduct was malicious or reckless.
The personal representative of your loved one’s estate files the survival action. An experienced personal injury attorney often pursues both a survival action and a wrongful death claim together in a consolidated case.
Common Causes of Wrongful Death in Kern County
Wrongful death can result from nearly any type of negligent or intentional act. The legal team at the Law Offices of Mickey Fine accepts claims arising from a wide range of circumstances. Our job is to investigate the incident and identify all parties who may be at fault.
Vehicle Accidents: Collisions involving cars, commercial trucks, and motorcycles are a leading cause of wrongful death, often resulting from distracted driving, speeding, or intoxication.
Premises Liability: Property owners have a duty to keep their premises safe. Fatalities caused by slip and falls, negligent security, or unsafe conditions can lead to a claim.
Construction Deaths: Fatal accidents on construction sites can result from safety violations, equipment malfunctions, or falls.
Pedestrian Accidents: Fatal incidents frequently occur when a negligent driver fails to yield the right-of-way to a person on foot, especially at crosswalks or intersections.
Bicycle Accidents: A cyclist’s death can lead to a claim when a motorist violates traffic laws.
The Role of Evidence in Your Wrongful Death Claim
A successful wrongful death claim depends on the ability to prove that another party’s negligence or wrongful act caused your loved one’s death. This requires a thorough and methodical approach to gathering and presenting evidence.
Your attorney’s primary function is to assemble a compelling case supported by clear facts.
Building the Foundation of Your Case
Your legal team will launch an independent investigation to gather and analyze all available evidence. This is a critical process where every detail matters. We structure this investigation to leave no question unanswered.
Key pieces of evidence can include:
Official Reports: Police accident reports, coroner’s reports, and workplace incident reports provide an official account of the event.
Witness Testimony: Statements from people who saw the incident or have relevant information can bolster your claim.
Expert Analysis: We sometimes work with accident reconstructionists, medical professionals, and financial experts to provide testimony that explains what happened and quantifies your losses.
Physical Evidence: This includes photographs of the scene, vehicle damage, or defective products.
Our experienced legal team knows how to interpret this information to construct a persuasive narrative. We work diligently to demonstrate the at-fault party’s liability and the full scope of your family’s damages.
By meticulously documenting your case, we position your family for a favorable outcome through a negotiated average wrongful death settlement or a court verdict.
California’s Statute of Limitations for Wrongful Death
In California, families generally have two years from the date of the person’s death to file a wrongful death claim. If you fail to file within this timeframe, the court will likely dismiss your case, and you’ll lose the right to pursue compensation.
This two-year deadline makes it imperative to contact a Bakersfield wrongful death lawyer as soon as possible. Promptly starting the legal process allows your attorney to preserve evidence, interview witnesses, and build the strongest possible case for your family.
Some exceptions can shorten or extend this deadline, so consulting with a legal professional is the best way to protect your rights.
FAQ for Bakersfield Wrongful Death Lawyer
How Is Fault Determined in a Bakersfield Wrongful Death Claim?
Fault is determined by showing that the defendant owed the deceased a duty of care, breached that duty through a negligent or wrongful act, and that this breach directly caused the death. The goal is to clearly link the other party’s actions to the fatal outcome.
We establish this by collecting evidence such as accident reports, witness interviews, expert testimony, and surveillance footage to prove negligence.
Can I Still File a Lawsuit if My Loved One Was Partially at Fault?
California follows a pure comparative negligence rule, which means your family can still recover wrongful death damages even if your loved one was partially responsible for the incident. The total amount of compensation your family receives would be reduced by your loved one’s percentage of fault.
For example, if your loved one were found to be 5% at fault, your family’s recovery would be reduced by 5%.
What Is the Difference Between a Wrongful Death Lawsuit and a Survival Action?
A wrongful death lawsuit compensates the surviving family members for their own losses, such as the loss of financial support and companionship.
A survival action is filed on behalf of the deceased person’s estate to recover damages that the deceased themselves could have claimed had they survived. This includes medical expenses incurred before death and lost wages they would have earned.
Why Do I Need a Bakersfield Wrongful Death Lawyer?
An experienced attorney manages the legal complexities of your claim so you can focus on your family. A Bakersfield wrongful death lawyer will conduct a thorough investigation to establish fault, gather crucial evidence, and accurately calculate the full value of your family’s losses.
We handle all communications and negotiations with insurance companies, protecting you from their tactics and low settlement offers. We prepare your case for trial from the start, placing your family in the strongest position for a just outcome and lifting the legal burden.
How Long Does It Take To Resolve a Wrongful Death Case in Bakersfield?
The timeline for resolving a wrongful death case varies widely depending on its complexity. Some straightforward cases with clear evidence might settle in several months. Others, especially those involving multiple defendants or disputed facts, may take several years if they proceed to a trial.
Defining Your Profound Loss
The legal system offers a formal way to tell your loved one’s story—to present the facts, to show the impact of their loss, and to hold the responsible party accountable. Let our team at the Law Offices of Mickey Fine help you articulate the truth and honor their memory.
Your family’s future is too important to leave to chance. Take the first step by calling a dedicated Bakersfield wrongful death lawyer.
Contact the Law Offices of Mickey Fine today at (661) 333-3333 for a compassionate and confidential consultation.
Law Offices of Mickey Fine – Bakersfield Office
930 Truxtun Ave, Suite 110
Bakersfield, CA 93301 (661) 333-3333
Commonly Asked Questions About Wrongful Death Claims in Bakersfield
How do I file a wrongful death claim in Bakersfield, CA?
In the state of California, wrongful death claims are typically filed by spouses/domestic partners or dependents. This includes children, stepchildren, and grandchildren. However, parents, grandparents, and other parties may also be eligible to seek compensation following the untimely death of a loved one.
Who will pay for my compensation in a wrongful death claim?
Who pays out your compensation in a wrongful death claim will vary based on whom the guilty party is. Regardless of who the guilty party is, however, you will almost always be cut a check from an insurance company. Often times these checks will be lower than you and your lost loved one deserves if you do not first consult Mickey Fine about the facts of your loved one’s case.
How much compensation am I entitled to in a wrongful death claim?
The amount of compensation available to your family in a wrongful death lawsuit depends largely on the circumstances of your loved one’s case. Because of this, it is extremely important to have an experienced wrongful death lawyer like Mickey Fine fighting on your side. With Mickey Fine fighting for your loved one, you can have faith that he will not stop until he gets your family the proper compensation.
How long will my wrongful death claim take to resolve?
It is hard to tell how long any given wrongful death case will take. Many of them are settled before trial, and others are settled before a lawsuit is filed. It is also not uncommon to see wrongful death cases take years to settle due to unforeseen developments. Because the time these cases take is often fluid, it is important that you know that you may have to wait for an extended period of time before your loved one’s case settles.
Should I accept an insurance settlement for my wrongful death claim?
It is always a good idea to consult with a skilled wrongful death attorney like Mickey Fine before accepting any insurance settlements for the loss of your loved one. It is important to remember that insurance companies have their shareholders and investors in mind and not you. Talk to Mickey Fine, who will put you and your loved one first before accepting a low insurance offer.
How long do I have to file a wrongful death claim in Bakersfield, CA?
Just like personal injury claims, the state of California has set a specific amount of time in which a family member can file a lawsuit on behalf of their lost loved one. California Law requires that a wrongful death claim be brought within two years of the event which led to the person’s death. If the family of the deceased does not bring a case forward in this set time period, they will lose out on any further opportunities to bring forth a case in the future.
