What is A Wrongful Death in Bakersfield, California?
In California and elsewhere, a wrongful death generally occurs because someone else is negligent. It could be your loved one was subjected to a fatal injury, such as being in a bicycle accident. While not all accident-related death is considered to be a wrongful death, many can, and it’s important to talk to an experienced Bakersfield wrongful death attorney.
The state of California allows only certain surviving family members to file a claim for wrongful death against the negligent person, business or entity that is responsible for the death of your loved one.
Explanation of a California Wrongful Death Claim?
In California, a wrongful death lawsuit is filed in civil court by the specific surviving family of the deceased. It’s a claim against a business, person, or other entity whose negligent actions or behavior caused the death of your loved one.
Bakersfield, California wrongful death cases are heard separate from any criminal court cases, and if fault is proven in a California wrongful death lawsuit, you as the surviving family members will receive monetary compensation. If successful, the person, entity or business responsible for your loved one’s death will be ordered by the California court to pay you a specified amount of money.
What Kind of Monetary Compensation Can My Family Receive Due to a Wrongful Death Lawsuit in Bakersfield, California?
In Bakersfield and throughout the state of California, the courts can award damages which include monetary compensation for such things as:
- Emotional Distress
- Funeral Expenses
- Lost Income and Future Earnings
- Medical Expenses
What Are the Elements of A Wrongful Death Case in California?
Every California wrongful death case has three element that have to be shown in order for your claim for wrongful death to be successful in court. In California, you must be able to prove:
- There was a death of a person
- Their death was a direct result of intent to harm or negligence
- That the victim’s family is experiencing a financial hardship as a result of the victim’s death.
Let’s look at each element individually.
Element 1: Intentional Acts and Accidents
There are many types of accidents that may cause the death of your loved one in a wrongful death claim. In California, the types of accidents include, but may not be limited to:
- Defective Products
- Exposure to Toxic Chemicals
- Medical Malpractice
- Motorcycle, Pedestrian, and/or Bicycle Accidents
- Vehicle and/or Commercial Truck Accidents
- Workplace Accidents
In Bakersfield and throughout California intentional acts that may be the basis for a wrongful death claim include, but may not be limited to:
- Other intentional acts there were meant to cause someone harm
Element 2: Negligence
Your ability to prove negligence on the part of the person(s) and/or entity is one of the main components of any successful wrongful death claim. You and your Bakersfield wrongful death attorney must be able to prove that your loved one’s death was caused as a direct result of the conduct or negligent acts of another party.
The Bakersfield, California wrongful death lawyers at Attorney Jeff understand that causation is one of the most crucial elements, and we will prepare your case with that in mind to give you and your family the best chance of receiving the settlement you deserve.
Element 3: Loss
In element 3, you and your California wrongful death attorney must be able to prove that the death of your loved one is the main reason for your financial hardship, emotional support, and/or household contributions.
Other losses include such things as funeral costs, medical expenses and any other costs that are associated with the death of your loved one.
If you don’t have the services of a skilled and knowledgeable Bakersfield, California attorney, it may be difficult to determine the value of your claim for wrongful death and to calculate the damages you may be entitled to receive.
Why You Need A Bakersfield, California Wrongful Death Lawyer
The skilled California wrongful death attorneys at Attorney Jeff have a team of experts they can call on to assist both them and your family to help build the strongest case possible. We will hire consultants, if necessary, in order to independently investigate your loved one’s accident to determine exactly what happened and collect any and all available evidence for your family.
Our Bakersfield wrongful death lawyers will also scrutinize all evidence from the police and private investigation to add to your wrongful death claim. It is our job to prove to the California court exactly who your loved one was, and the extent of your damages the loss of your loved has caused to you and your family.
We will use pictures, statements, video, and any other evidence to show the court how much value your loved one brought to the family members they left behind after such a tragedy.
If you believe you may have a case for wrongful death in California, please contact the wrongful death lawyers at Attorney Jeff so we can talk about the circumstances surrounding your loved one’s death, and advise you of your next steps.