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Bakersfield Wrongful Death Lawyer

If you have lost a loved one through the negligence or wrongdoing of another, you may be entitled to file a wrongful death claim in civil court. This is a legal option to seek justice for your loved one, hold responsible parties accountable, and recover compensation for your family’s future. Contact Faulkner Law Offices in Bakersfield, California to schedule a free consultation.

Why Choose Us to Represent You?

Our attorneys have been representing injured people with a sole focus on personal injury matters since 1974. We are not intimidated by large corporations and will not hesitate to take your case to trial if necessary to recover maximum compensation. Our success rate in the courtroom is greater than 90%. We are a family-run firm focused on providing the personalized service and attention our clients deserve.

What Is Wrongful Death?

Wrongful death is a civil action filed by survivors of a deceased person against the party or parties responsible for the death of the deceased. The action is filed on behalf of family members who have lost the support and companionship of the deceased.

A wrongful death claim must have the following elements:

  • Death of a human being caused by the negligence of another or with intent to harm; and
  • Surviving family members who are suffering monetary damages resulting from the death.

Who Can File a Wrongful Death Claim in California?

Under the California wrongful death statute, a civil action for wrongful death may be brought by:

  • Surviving spouse of the deceased
  • Domestic partner of the deceased
  • Surviving children of the deceased
  • Issue of deceased children of the deceased
  • If there are no surviving family members in the deceased person’s line of descent, anyone who would be entitled to the property of the deceased by intestate succession

Provided they can show that they were financially dependent on the deceased, the following persons may also bring a wrongful death claim:

  • Putative (generally considered or reputed to be) spouse of the deceased
  • Children of the putative spouse
  • Stepchildren of the deceased
  • Parents of the deceased

What Damages Are Recoverable in a Wrongful Death Claim?

Potential wrongful death damages include:

  • Medical expenses for the final illness or injury of the deceased
  • Funeral and burial expenses
  • Lost income, including income the deceased person would have been reasonably expected to earn in the future if he or she had lived
  • Value of household services to family members
  • Loss of anticipated financial support
  • Loss of love, attention, affection, community, moral support, and guidance of the deceased

How Long Do You Have to File a Wrongful Death Claim?

There is a statute of limitations (time limit imposed by law) for wrongful death claims, after which the claim is forever barred. In California, a wrongful death claim must be filed with the court within two years of the date of death.

Get Legal Help for a Wrongful Death Claim

At Faulkner Law Offices in Bakersfield, we understand that dealing with legal matters is the last thing you want to do when you are grieving the loss of a loved one. We are here to provide the quality legal representation you and your family need. If you believe someone else’s negligence or wrongdoing caused your loved one’s death, contact us to schedule a consultation regarding a wrongful death claim.