A wrongful death lawsuit is a civil claim that someone makes after someone else dies because of the carelessness or harmful behavior of the liable party. Families often file these cases to get someone to take responsibility and secure financial support.
Bakersfield is the county capital of Kern County and is located in California's Central Valley. People recognize the city for its oil production, agriculture, and long, hot summers. It is also home to more than 400,000 people who depend on busy highways and workplaces every day.
When families are grieving after the death of a loved one through wrongful death, they typically hire a wrongful death injury lawyer in Bakersfield. The lawyer will help them understand their legal options and secure compensation.
What Counts as a Wrongful Death?
When someone dies because someone else didn't act safely, this is known as a wrongful death. The law sees this as a civil matter, not a criminal one.
Some such examples are
Evidence is what matters in each case, not guesses.
What Must Be Proven?
Families need to prove four basic things. These elements fit together like links in a chain.
They include:
The case gets weaker if one link breaks.
Who Is Allowed to File?
In most states, only certain relatives can file. These guidelines prevent arguments and misunderstandings.
People who can file include:
The order of priority is set by state law.
Why Are Deadlines Important?
There is a statute of limitations in every state. This rule tells you when the last day to file is.
In California, you have two years to file most wrongful death claims. Missing the deadline typically means the case is over before it ever starts.
What Evidence Should Families Collect?
The evidence tells the story in a clear and fair way. Even strong claims have trouble without it.
Records that are helpful include:
You should keep copies in a secure place.
What Damages Can You Claim?
Damages don't mean you're putting a price on a life. Instead, they focus on what the family has lost.
They usually include:
Why You Should Be Careful with Insurance Companies
Insurance adjusters may seem friendly, but their job is to keep payouts to a minimum. Recorded statements can be used against families later.
Written offers might not include all the damages that are important. Therefore, waiting before you speak can help protect your rights.
What Happens During the Legal Process?
Most cases follow a straightforward pattern. It may seem like things are moving slowly, but every step counts.
The process usually involves:
A lot of cases are settled before they go to court.
Key Takeaways
Careful handling of insurance matters protects families.
