Bakersfield Wrongful Death Lawyer

Losing a loved one because of someone else’s negligence is one of the most painful experiences a family can endure. When a preventable accident or someone else’s negligence causes a loved one’s death, the grief is often made worse by financial strain, unanswered questions, and dealing with apathetic insurance companies that are only concerned about settling quickly and for as little as possible.

Attorney Jeff, our Bakersfield wrongful death lawyers are dedicated to helping families throughout Kern County overcome such a trying time. Our compassionate legal team understands that no settlement can fully mend the loss of a loved one, but we work to secure the financial support your family needs to begin moving forward.

When you are ready, contact us online and learn how our Bakersfield wrongful death law firm can help you and your family, or call us at (661) 490-9440.

Table of Contents

Do I Need to Hire a Bakersfield Wrongful Death Attorney?
Who Can File a Wrongful Death Claim in California?
How Long You Have to File a Wrongful Death Claim in California
What Can Be Compensated in a Wrongful Death Case?
Our Legal Process After a Wrongful Death in Bakersfield

Is Legal Representation Necessary in a Wrongful Death Case?

Not necessarily, but wrongful death cases are among the most complicated case types in personal injury law. Unlike a typical injury claim, a Bakersfield wrongful death case involves various factors. This includes determining who has legal standing to sue, what a wrongful death lawsuit means for the family’s finances, and how fault gets distributed among potentially several responsible parties, all while a family is grieving.

Here is how legal representation from an experienced wrongful death attorney benefits wrongful death claims.

• Strict Legal Standing Rules: The California wrongful death statute limits who may bring a claim to specific surviving family members under California Code of Civil Procedure Section 377.60. A Bakersfield wrongful death attorney determines who qualifies and how multiple family members should proceed together to file a wrongful death lawsuit.
• Two Separate Legal Actions: A wrongful death claim and a survival action are not the same thing. A survival action lets the deceased person’s estate recover the medical bills and medical expenses incurred before death, while a wrongful death claim compensates living family members directly for their own losses.
• Immediate Evidence Loss: Skid marks fade, surveillance footage gets overwritten, and witness memories change within days of a motor vehicle accident or other fatal incident. Prompt investigation preserves the evidence needed to hold the responsible party accountable.
• Insurance Company Tactics: An insurance company knows that grieving families are often financially vulnerable. Adjusters may push a quick settlement that fails to account for decades of lost wages or the true economic and emotional impact of the loss.
• Multiple Responsible Parties: Depending on how the person dies, liability may extend to a negligent driver, a trucking company, a property owner, a product manufacturer, or a government entity, each with different insurance coverage, procedures, and deadlines.

California law recognizes that surviving families deserve justice, which is why they are entitled to seek full and fair compensation. However, insurance companies make this very challenging.

An experienced California wrongful death attorney investigates every angle of the case, identifies every responsible party, and works to collect compensation on your family’s behalf to ensure a fair claims process.

Common Causes of Wrongful Death in Bakersfield, CA

According to recent data, there were nearly 50 fatal accidents in Bakersfield, CA, with the NHTSA reporting over 3,200 distraction-affected fatalities in 2024

Fatal accidents in Kern County stem from a wide range of preventable causes. Traffic-related deaths remain a significant public safety concern across California. Bakersfield wrongful death cases often arise from these circumstances:

• Fatal Car Accidents: High-speed corridors like Highway 99 and Interstate 5 see frequent multi-vehicle collisions, and speeding is estimated by NHTSA to be a factor in roughly one-third of all fatal crashes.
• Commercial Truck Collisions: Semi-trucks weighing up to 80,000 pounds can turn a routine motor vehicle accident into a fatal one, particularly when carriers violate federal hours-of-service regulations or skip required maintenance.
• Pedestrian and Bicycle Fatalities: Pedestrians and cyclists have little protection in a car accident, and hit-and-run incidents remain a persistent problem statewide. Pedestrian fatalities in the city of Bakersfield are among the highest in the nation (ranked 4th among large U.S. cities).

• Motorcycle Accidents: Motorcyclists face a disproportionate fatality risk relative to their share of traffic, even as California saw motorcycle fatalities decrease.
• Drunk or Impaired Driving: Alcohol and drug impairment continue to be the leading contributors to fatal car accidents throughout Kern County.
• Medical Malpractice: Surgical errors, misdiagnosis, medication mistakes, and birth injuries can result in preventable deaths at hospitals and care facilities.
• Defective Products and Machinery: Faulty vehicle parts, industrial equipment, and consumer products can cause a fatal accident even when used as intended.
• Workplace Accidents: Falls, equipment failures, and unsafe conditions on construction sites and in industrial settings can lead to fatal on-the-job accidents.
• Premises Liability Incidents: Inadequate security, unsafe stairways, and hazardous conditions on someone else’s property can result in a fatal fall or violent incident.

To succeed in a wrongful death lawsuit, it must be shown that the responsible party owed a duty of care, breached that duty, and that the breach directly caused the decedent’s death. Our Bakersfield wrongful death lawyers investigate every case thoroughly, gathering police reports, medical records, and expert testimony to build the strongest possible case for personal injury victims’ families.

Who Can File a Wrongful Death Claim in California?

California law restricts standing to file a wrongful death claim to a specific category of surviving family members under the wrongful death statute, CCP Section 377.60. Understanding which living family members fall within this hierarchy is one of the first steps toward pursuing justice.

Eligible Parties Under California Law

The following family members generally have standing to bring a wrongful death claim:

• The decedent’s surviving spouse or domestic partner
• The decedent’s children, including adopted children
• Grandchildren, if the decedent’s children have also passed away
• Parents or siblings, if there is no surviving spouse or children, and they qualify under intestate succession rules
• Putative spouses and domestic partners, and their children, in certain circumstances
• Minors who lived in the decedent’s household and were financially dependent on the decedent for at least 180 days before the death

Wrongful Death Claims vs. Survival Actions

Filing claims for wrongful death varies by claimant. For instance, some wrongful death cases may involve compensatory damages for sustained losses to the family, as well as a survival action. These two legal actions often go hand in hand but serve different purposes.

1. A wrongful death claim: Compensates surviving family members for the losses they personally suffered because of the victim’s death, such as lost financial support and loss of companionship
2. A survival action: Is filed on behalf of the decedent’s estate to recover damages the deceased person could have claimed if they had lived, including medical expenses incurred before death and, depending on the filing date, pain and suffering the decedent experienced

Statute of Limitations for Wrongful Death Claims

Deadlines to file a wrongful death lawsuit vary depending on the circumstances:

• Standard Claims: California law generally requires wrongful death lawsuits to be filed within two years of the date of death under CCP Section 335.1.
• Medical Malpractice Deaths: Claims involving healthcare provider negligence may be subject to a different limitations period under CCP Section 340.5.
• Government Entity Claims: If the fatal accident was caused by a public entity or employee, such as a city bus or county vehicle, a formal government claim generally must be filed within six months of the incident.
• Minor Beneficiaries: A minor who has a claim for the death of a parent may have until their 18th birthday, plus additional time, to seek compensation.

Missing these deadlines can permanently bar your family from pursuing compensation, which is why early legal representation is critical after any fatal accident.

Our Law Firm’s Wrongful Death Legal Services

When a fatal accident takes the life of a loved one, families deserve legal representation that treats their case with the seriousness it demands. Our Bakersfield personal injury law firm has experience handling wrongful death cases across the full range of fatal accident scenarios throughout central and Southern California.

Individual Wrongful Death Cases

We represent grieving families throughout Bakersfield and Kern County in cases involving:

• Fatal car, motorcycle, and pedestrian accidents caused by a negligent driver
• Fatal truck and commercial vehicle collisions
• Wrongful deaths resulting from defective products or vehicle parts
• Fatal slip and fall or premises liability incidents
• Deaths caused by medical malpractice or hospital errors
• Fatal workplace accidents and unsafe working conditions

Consultations with our wrongful death lawyers are free, confidential, and risk-free. Additionally, our law firm works on a contingency basis, so there is no fee unless the case is won.

Corporate and Institutional Liability Claims

Attorney Jeff also handles complicated wrongful death lawsuits involving corporate and institutional defendants, including:

• Commercial fleet and trucking company liability
• Hospital, nursing home, and healthcare facility negligence
• Property owner and business liability for unsafe premises
• Manufacturer liability for defective or dangerous products

Because these Bakersfield wrongful death cases often involve well-funded defendants and experienced defense teams, it is critical to have a legal team that can match their resources and level the playing field for your family.

What Can Be Compensated in a Wrongful Death Case?

California’s Civil Jury Instructions (CACI) 3921 divide the wrongful death damages award into two broad categories: economic damages and non-economic damages. Determining fair compensation depends heavily on the facts of the case, but families may generally seek compensation for the following.

Economic Damages

• Lost Wages and Financial Support: The income and benefits the decedent would have contributed to the family over their expected lifetime, calculated using life expectancy tables and reduced to present cash value
• Loss of Household Services: The reasonable value of services the decedent would have provided, such as childcare, home maintenance, or caregiving
• Funeral Expenses: Reasonable funeral and burial costs associated with laying a loved one to rest
• Loss of Gifts or Benefits: Financial gifts or benefits the family reasonably expected to receive from the decedent
• Medical and Funeral Expenses: Medical bills incurred for treatment between the injury and the death, typically recovered through a companion survival action, along with associated funeral costs

Non-Economic Damages

• Loss of Companionship: The love, comfort, care, and moral support the decedent provided to surviving family members
• Loss of Consortium: For a surviving spouse or domestic partner, the loss of intimacy and partnership
• Loss of Guidance and Training: Particularly relevant when parents lose a child or children lose a parent who provided mentorship and support
• Emotional Distress: The psychological toll a sudden and preventable loss can take on family members

As one plaintiff-side legal publication explains, jurors are given no fixed formula for these losses and are instructed to use their judgment, since grief itself is not compensable, but the measurable loss of a relationship is. 

No fixed standard exists for deciding the amount of non-economic damages, and jurors must use their judgment to decide a reasonable amount based on the evidence and common sense.

Punitive Damages

In cases involving especially reckless or malicious conduct, such as a drunk driver with prior DUI convictions or a trucking company that knowingly dispatched an unqualified driver, surviving family members may also pursue punitive damages. These damages are intended to punish the wrongdoer rather than cover small death claims through compensatory means alone.

How Shared Fault Affects Wrongful Death Damages

California follows a pure comparative negligence rule. If the decedent was found partially at fault for the accident that caused their death, the total wrongful death damages award is reduced by that percentage of fault, but the family is not barred from recovery entirely. 

An experienced wrongful death lawyer works to minimize any allegation of shared fault and ensure the true responsible party is held accountable. Compensation for expenses in wrongful death settlements can vary significantly from case to case, which is why an individualized case evaluation matters more than any general estimate.

Our Legal Process After a Wrongful Death in Bakersfield

A wrongful death lawyer will assess the accident details, identify the responsible party and available insurance coverage, and explain your family’s legal rights.

Step 1: Free Case Evaluation for Grieving Families

Your case begins with a compassionate, thorough review of the circumstances surrounding your loved one’s wrongful death, identification of every potentially responsible party and applicable insurance policy, and a clear explanation of your legal options under California law.

Step 2: Investigation and Evidence Gathering to Prove Liability

To build a strong wrongful death claim, evidence must be preserved before it disappears or degrades.

• Accident scene investigation, often with reconstruction experts
• Collection of police reports and court documents
• Witness interviews and statement collection
• Medical records and autopsy report review
• Analysis of surveillance footage, black box data, or maintenance logs, where applicable
• Consultation with financial experts to calculate the lifetime economic loss

Step 3: Legal Filing and Negotiation

Once liability is established, we file court documents and pursue every available avenue of compensation:

• Filing Formal Claims: We identify and file a wrongful death claim against every responsible insurance policy.
• Negotiation: We counter lowball settlement offers from the insurance company with firm, well-documented demands.
• Litigation Management: If a fair settlement cannot be reached, we manage every stage of litigation, including discovery and depositions.

Step 4: Settlement or Trial

While most Bakersfield wrongful death cases settle before trial, we prepare every case as though it will be tried: aggressive settlement negotiations aimed at full compensation, complete trial readiness if the insurer refuses to negotiate fairly, and support throughout the post-resolution process.

Frequently Asked Questions About Wrongful Death Cases

How much does it cost to hire an attorney for a wrongful death case?

You pay nothing up front. We work on a contingency fee basis, meaning payment is only due if we successfully recover compensation for your family. All case evaluations are free and come with no obligation.

How long do I have to file a wrongful death claim in California?

California law generally allows two years from the date of death to file a wrongful death lawsuit. However, this deadline is shortened to 6 months for claims against a government entity and may differ for medical malpractice cases. Early legal consultation helps protect your family’s rights before evidence is lost or deadlines pass.

Can more than one family member file a wrongful death claim?

Yes, but California courts generally require all eligible living family members to file a single, joint wrongful death lawsuit rather than separate cases against the same responsible party. A Bakersfield wrongful death attorney can help coordinate this process among family members.

What is the difference between a wrongful death claim and a criminal case?

A criminal case, if one is filed, is brought by the state to punish the responsible party and may result in jail time or fines. A wrongful death claim is a separate civil procedure brought by the family to seek compensation. Both cases can proceed independently of one another.

Will the wrongful death case have to go to trial?

Most wrongful death claims settle before reaching trial. However, our firm prepares every case for trial from the outset so that insurance companies know we are ready to litigate if they refuse to offer fair compensation.

Contact Attorney Jeff for Your Bakersfield Wrongful Death Case

Losing a loved one to someone else’s negligence is devastating, and no amount of money can undo that loss. What our skilled wrongful death attorneys can do is fight to hold the responsible party accountable and help your family collect the compensation you need to move forward after this fatal incident.

• Free consultation
• No fee unless we win
• We handle calls and paperwork

Schedule a Free Consultation with Our Bakersfield Office Today

Schedule your free consultation today and learn how our legal team plans to seek justice and fair compensation your family deserves. Jeff’s got you. 

Address: 1527 19th St, Suite 312, Bakersfield, CA 93301 
Phone Number: (661) 490-9440

Personal Injury Cases Our Attorneys Specialize In

Hiring an experienced attorney is crucial to ensuring a fair legal process throughout the case proceedings. Our legal team specializes in the following personal injury accidents.

• Bakersfield Bicycle Accidents
• Bakersfield Car Accidents
• Bakersfield Dog Bite Cases
• Bakersfield Elder Abuse Claims
• Bakersfield Medical Malpractice Claims
• Bakersfield Motorcycle Accidents
• Bakersfield Pedestrian Accidents
• Bakersfield Personal Injury Claims
• Bakersfield Slip and Fall Accidents
• Bakersfield Truck Accidents
• Bakersfield Lyft and Uber Accidents
• Bakersfield Workers’ Compensation Accidents

Bakersfield Wrongful Death Attorney – Attorney Jeff’s Other Locations

Speak with our personal injury attorneys for a free case evaluation. We have locations throughout California, Texas, and Arizona. 

• Corona
• Dallas
• Fontana
• Fresno
• Hesperia
• Monterey Park
• Phoenix
• Rancho Cucamonga
• San Jose
• Santa Ana
• Tustin
• Van Nuys
• Victorville
• Visalia

About the Author

JEFFREY FAYNGOR, ESQ.

Jeffrey Fayngor is the founder of Attorney Jeff Car Accident Lawyer and an experienced personal injury attorney dedicated to representing accident victims. He earned his J.D. from Whittier College School of Law and has recovered over $120 million for injured clients. He has built his practice around helping injury victims protect their rights and pursue the compensation they deserve.