Bakersfield Wrongful Death Lawyer

If you get hurt in an accident caused by someone else’s negligence, you have the right to file a lawsuit on your behalf to seek compensation from that negligent person that caused you harm. When accidents—cause fatal injuries, the right to file a lawsuit over the incident “survives” the death of the injured person and passes to their surviving family members.

Wrongful death claims are challenging to pursue on both legal and emotional levels. Fortunately, you and your loved ones have help available from a Bakersfield wrongful death lawyer who will work with you one-on-one to overcome the legal proceedings of a wrongful death lawsuit on behalf of a loved one.

 Surviving Family Members That Can File Wrongful Death Claims

Because wrongful death lawsuits are filed primarily for the benefit of surviving family members of a fatal accident. Thereby, only certain family members have legal standing to file a wrongful death lawsuit. Moreover, there is a priority order set by state law for which family members can file suit in a particular situation: first the decedent’s spouse, then the decedent’s children, then the decedent’s grandchildren, then finally anyone who was financially dependent on or legally entitled to inherit their property.

Additionally, the statute of Limitations is the legal deadline by which a prospective plaintiff or surviving member and their attorney must file suit can file a lawsuit. Wrongful death plaintiffs have two years to file a lawsuit just like personal injury plaintiffs. However, the starting point for the two-year filing period begins from the date of the decedent’s death rather than the date of their accident which led to their death.

How Could Criminal Proceedings Impact a Wrongful Death Case?

Wrongful death cases are civil lawsuits. In contrast, the prosecution of the defendant on criminal charges related to that death would be a criminal proceeding. Criminal cases and civil cases based on the same premature death can proceed separately or simultaneously from each other.

In comparison, criminal and wrongful death cases have a different “standard of proof” that must be met for the court to rule against the defendant. Thus a defendant can he held civilly liable for a wrongful death even if they are acquitted of criminal wrongdoing.

Common Wrongful Death Claims

Our team handles wrongful death claims stemming from a variety of different accident types. Some of the most common include:

• Car, truck, and motorcycle wrecks
• Dangerous conditions on someone else’s property
• Negligent security
• Pedestrian and bicycle accidents

Regardless of the cause, our caring, wrongful death lawyers in Bakersfield will advocate tenaciously on your family’s behalf to seek the justice and compensation you deserve.

Let a Bakersfield Wrongful Death Attorney Help

This is far from a comprehensive overview of how each stage of a wrongful death claim is likely to proceed. Each case is unique, just like each plaintiff and each fatal accident victim is, and there is no one-size-fits-all approach to litigating a wrongful death case. Reach out today to learn more by speaking with a Bakersfield wrongful death lawyer.