Losing someone you love because of another person's wrongful act or negligence can change your family's life in an instant. If your spouse, parent, child, or another close family member died because of a preventable accident in Bakersfield or elsewhere in Kern County, your family may have the right to bring a civil claim. A Bakersfield wrongful death lawyer at the Law Offices of Mickey Fine can break down those rights and handle the claim while you focus on your family.
Attorney Mickey Fine personally handles every case and brings more than 30 years of legal experience to serious personal injury and wrongful death matters. We understand that no legal claim can replace someone you love. Our role is to handle the legal work with compassion, investigate what happened, identify the parties who may be responsible, and pursue compensation allowed under California law.
Call us today at (661) 333-3333 for a free, confidential consultation.
Contact The Law Office Of Mickey Fine Today To See How We Can Help.
Understanding a Wrongful Death Claim in California
A wrongful death claim is a civil action arising when a person dies because of another person's wrongful act or neglect. California Code of Civil Procedure Section 377.60 identifies the people who may assert a wrongful death cause of action, meaning the legal claim itself, subject to the requirements stated in the statute. Throughout this page, the person who died is referred to as the decedent, which is the term California law uses.
If someone in your family died because of another person's conduct, schedule a free consultation with Mickey Fine today to understand whether a civil claim may be available and what steps may be appropriate.
Causes of Wrongful Death Claims in Bakersfield
Wrongful death claims in Bakersfield may arise from many types of accidents and negligent conduct. In Kern County, serious roadway collisions, commercial vehicle crashes, motorcycle accidents, and other incidents can leave families in Bakersfield facing the loss of a loved one. Here are the common causes of Bakersfield wrongful death cases:
Fatal Truck and Commercial Vehicle Crashes
Truck collisions can involve complex questions about drivers, trucking companies, vehicle owners, maintenance, insurance coverage, and other parties. Commercial carriers are also governed by federal motor carrier safety regulations and state rules that do not apply to passenger vehicles, so the evidence in these cases often includes driver logs, inspection records, and company files a family cannot obtain on its own.
Fatal Car and Motorcycle Crashes
A fatal car or motorcycle collision can leave a family facing medical expenses, funeral costs, lost income, and the permanent loss of a loved one's presence. Determining what happened may require photographs, collision reports, witness statements, vehicle information, video, medical records, and other evidence.
Fatal Premises Accidents
Some wrongful death claims arise from dangerous conditions on property. Depending on the circumstances, a property owner, occupier, business, or another party may have legal responsibilities concerning hazards on the premises.
If you are unsure whether your family's situation qualifies, the best way to find out is a conversation with a Bakersfield wrongful death lawyer rather than guessing on your own.
Who Can File a Bakersfield Wrongful Death Claim in California?
California law identifies specific people who may bring a wrongful death claim, and eligibility can depend on family relationships and financial dependency. Under CCP Section 377.60, eligible claimants can include a spouse or domestic partner, children, and certain other dependents described by statute.
The statute provides a more detailed framework than simply saying that any relative can sue. Depending on the circumstances, the law may also address the decedent's surviving issue, parents, putative spouses, meaning someone who genuinely believed in good faith that they were legally married to the decedent, stepchildren, legal guardians, and certain minors who lived in the decedent's household and depended on the decedent for support.
This means a family's circumstances matter. Two families experiencing similar losses may have different questions about who has standing, which is simply the legal right to bring the claim in court.
Surviving Spouse or Domestic Partner
In California, a registered domestic partner or surviving spouse may bring a wrongful death action when the statutory requirements are satisfied.
Our office can review the family circumstances and explain how the statute may apply.
Children and Certain Descendants
The decedent's surviving children may have the right to pursue a wrongful death claim. California law also addresses the rights of descendants of deceased children in qualifying circumstances.
When several eligible relatives exist, the court can determine the respective rights of the people entitled to an award.
Parents and Other Eligible Relatives
Parents may have a claim in circumstances recognized by California law, including certain situations involving a dependent relationship. Other individuals, including qualifying putative spouses, stepchildren, and legal guardians, may also have rights under specific provisions of Section 377.60.
Determining exactly who qualifies to file is not always straightforward, especially in blended families, situations involving stepchildren, or cases where the decedent had no spouse or children. A wrongful death attorney Bakersfield families contact should review the relationships involved rather than making assumptions based on the title of the relationship alone.
What Damages Can a Bakersfield Wrongful Death Claim Recover?
A wrongful death claim can address economic and non-economic losses suffered by eligible survivors. California Code of Civil Procedure Section 377.61 provides that damages may be awarded under the circumstances of the case, subject to the statutory limitation concerning damages recoverable through a decedent's separate cause of action.
- Financial Support the Decedent Would Have Provided: A wrongful death claim may recover the financial support the decedent would have provided to eligible family members. The value of that loss can depend on factors such as the decedent's income, life circumstances, and the needs of the surviving family.
- Loss of Household Services: The death of a family member can also mean the loss of services they provided within the household.
- Loss of Gifts or Benefits: California law permits certain claims for the loss of gifts or benefits that eligible survivors could reasonably have expected to receive from the decedent.
- Funeral and Burial Expenses: Funeral and burial expenses can create an immediate financial burden after an unexpected death. Qualifying expenses may be recoverable through a wrongful death claim when supported by the applicable law and evidence.
- Loss of the Relationship and Companionship: A wrongful death can also take away the relationship, care, comfort, guidance, affection, and companionship a family member provided. California wrongful death damages can address certain non-economic losses suffered by eligible survivors.
The specific damages recoverable depend on the circumstances of the death and the people asserting the claim. Our office works to identify the losses supported by the evidence rather than treating every claim as the same.
A wrongful death lawyer Kern County families turn to can help organize the financial and personal information needed to present those losses clearly. Book a free case review with our compassionate legal team today.
Wrongful Death Claim vs. Survival Action
A wrongful death claim seeks damages suffered by eligible survivors because of the death, while a survival action preserves certain claims that belonged to the person who died. California law treats these as separate causes of action, although they may arise from the same event and may be joined in one proceeding.
Basically, a wrongful death action belongs to qualifying survivors or may be asserted by the decedent's personal representative on their behalf. It addresses losses the survivors suffered because their family member died.
On the other hand, a survival action concerns a cause of action that belonged to the person who died and survives that person's death. California Code of Civil Procedure Section 377.30 allows the claim to pass to the decedent's successor in interest, meaning the person who legally steps into the decedent's place, and it may be brought by that successor or by the personal representative.
The damages in a survival action concern losses the decedent sustained or incurred before death. Under California Code of Civil Procedure Section 377.34, those damages generally exclude the decedent's pain, suffering, or disfigurement. A narrow exception applies where the case was granted trial preference before January 1, 2022, or was filed on or after January 1, 2022 and before January 1, 2026.
This distinction is key when someone survives an accident for a period of time before dying. The legal claims may address different losses, and identifying the appropriate claims requires an examination of the facts and applicable law.
Call us today and let a Bakersfield wrongful death attorney examine whether one or both causes of action may be relevant to your family's circumstances.
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How Can Mickey Fine Help a Grieving Family?
A wrongful death claim requires legal work, but families also need to be treated as people rather than case numbers. At the Law Offices of Mickey Fine, we recognize that the person who died cannot be replaced and that the legal process should be handled with care.
Mickey Fine has more than 30 years of legal experience. His background includes work as an insurance defense lawyer and volunteer prosecutor, giving him experience with insurance disputes, litigation, and courtroom procedures.
Choosing an attorney to represent your family after this kind of loss is deeply personal, and it should not mean a call center or a rotating team of strangers. When you work with our firm, Mickey Fine personally handles your case from the first phone call through resolution. Cases are not passed to associates or paralegals, so the attorney handling the matter remains familiar with the family's circumstances, evidence, legal issues, and goals.
Other personal injury attorneys refer cases to Mickey Fine, which reflects the reputation he has developed among lawyers handling serious injury matters.
In addition, we have secured millions of dollars through verdicts and settlements for clients in serious personal injury cases. Results may vary. Prior case outcomes do not guarantee similar results.
We prepare cases for trial from the outset and are ready to litigate when a fair resolution cannot be reached through negotiation. Our past record reflects our commitment to pursuing full and fair compensation based on the evidence and applicable California law.
Our office offers free consultations and represents qualifying clients on a contingency-fee basis, meaning attorney fees are generally collected only if there is a recovery. We can also help connect clients with medical professionals and work with providers regarding payment arrangements when appropriate.
What Should a Family Expect From the Wrongful Death Process?
The legal process differs depending on the circumstances. The first step is usually understanding what happened, who may be responsible, who may have legal standing, and what evidence exists.
From there, a case may involve:
- Investigation: We gather information about the death, including reports, records, photographs, witness information, medical documentation, and other evidence.
- Identifying the Responsible Parties: More than one person or entity may potentially have legal responsibility. The facts determine which parties and insurance policies need to be investigated.
- Documenting the Family's Losses: We work with the family to identify financial and relationship losses that may be relevant to the claim. This can include income, benefits, household contributions, and losses associated with the relationship.
- Insurance and Settlement Discussions: Many wrongful death claims involve insurance companies. We communicate with insurers and evaluate proposed resolutions in light of the available evidence and the family's legal claim.
- Litigation When Necessary: If a case cannot be resolved through negotiations, litigation may be necessary. Cases arising in this area are generally filed in the Kern County Superior Court, and Mickey Fine is prepared to take appropriate cases to court and personally remains involved throughout the matter.
FAQs: Bakersfield Wrongful Death Lawyer
Here are answers to some of the questions Kern County families ask most often after losing a loved one.
Can I file a Bakersfield wrongful death claim if my loved one did not have a will?
Whether your loved one had a will does not determine your right to file a wrongful death claim. That right comes from your relationship to the decedent under California law, not from the terms of a will or how the estate is structured.
How long does my family have to file a wrongful death claim in California?
California generally allows two years from the date of death to file a wrongful death lawsuit, under Code of Civil Procedure Section 335.1. Shorter deadlines apply when a government entity may be responsible, and those claims generally require a written claim within six months. Missing the applicable deadline can end the claim regardless of how strong the evidence is.
How is a wrongful death settlement or award divided among family members?
When multiple family members have the right to file, the court determines how to divide any settlement or award based on each person's relationship to the decedent and their financial dependence on them. An attorney can help make sure the division reflects each family member's actual losses.
What if my loved one was partly at fault for the incident that caused their death?
Based on California's pure comparative negligence rule, a wrongful death claim can still move forward even if the decedent shared some responsibility. Any damages awarded are reduced by the share of fault assigned to your loved one, and no percentage of fault bars the claim outright.
What information should I gather before contacting an attorney?
Police or incident reports, photographs, insurance information, and any medical or funeral bills are helpful, though you do not need everything organized before you call. We can help track down documentation your family does not already have.
Does it matter if criminal charges were or were not filed against the at-fault party?
If no criminal charge was filed, that generally does not stop you from pursuing a civil claim. A Bakersfield wrongful death claim is a separate civil matter from any criminal case, and your family can pursue compensation whether or not prosecutors decide to file charges. However, a guilty plea or a conviction in criminal court can serve as powerful evidence that the other person was at fault.
Let the Law Offices of Mickey Fine Handle the Legal Burden
At the Law Offices of Mickey Fine, we understand that families need more than paperwork and legal terminology during this time. Mickey Fine personally handles every case and brings his background as an insurance defense lawyer and volunteer prosecutor.
If you have lost a loved one in Bakersfield or elsewhere in Kern County, call us at (661) 333-3333 to request a free initial consultation. We will listen, explain your options, and handle the legal work while you focus on your family.