Bakersfield Wrongful Death Attorney

A wrongful death lawsuit is a civil action (not criminal) brought against a party who is legally responsible for causing someone else's death. Wrongful death claims allege that the death was caused by a defendant’s negligent or intentional actions, and seeks to hold them accountable for the loss of life. A wide variety of negligent acts can lead to wrongful death claims, including: 

• Car crashes
• Helicopter crashes
• Medical malpractice
• Motorcycle crashes
• Pedestrian accidents
• Plane crashes
• Premises liability including slip and fall and falling trees
• Truck crashes
• Uber accidents

While wrongful death lawsuits are  pursued against the responsible party and usually involve one or more insurance policies  if available.

California law allows that a wrongful death lawsuit may be brought by surviving family members or representatives of the deceased person's estate. But which family member or legal representative has the claim? 

At the top of the list are the surviving spouse or registered domestic partner of the deceased, followed by their surviving children, whether biological, adopted, and sometimes stepchildren. If there is no spouse or children, then parents of the deceased seek compensation.

In cases where no direct family members survive the deceased, other heirs may have the right to bring a claim. The best way to find out if you can file a wrongful death lawsuit is to speak with an attorney as soon as you are able. 

In California, you generally have two years from the date of the deceased person's death to initiate a claim. Failing to file within this timeframe may result in the dismissal of your case. However, some extenuating circumstances could shorten the amount of time you have to file a lawsuit. If you have concerns about whether you can file a claim, we recommend speaking with an attorney as soon as you can. 

We understand that no amount of money will replace your deceased loved one. But filing a wrongful death lawsuit can be an important step in seeking justice and holding responsible parties accountable for their actions. Here are a few reasons why you may want to consider filing a wrongful death lawsuit:

Financial compensation: A wrongful death lawsuit can help provide financial compensation to the surviving family members for  the loss of their loved one’s care, comfort, and companionship and expenses such as medical bills, funeral costs, loss of income, and pain and suffering.

Justice and accountability: By filing a wrongful death lawsuit, you may be able to hold those responsible for the death of your loved one accountable for their actions. This can provide a sense of justice and closure for the surviving family members.

Prevention of future harm: A lawsuit for wrongful death may also prevent similar incidents from happening in the future. Holding negligent parties accountable can help improve safety standards. 

Closure and healing: Pursuing a wrongful death lawsuit can be a way for surviving family members to work through their grief and find closure. It can provide a sense of justice and validation for the loss of their loved one.

How to Prove Liability in a Wrongful Death Claim

By alleging negligence against a defendant, a wrongful death attorney must prove the following elements to demonstrate liability:

1. Duty of care: The defendant (or defendants) had a legal obligation, known as a duty of care, to the individual who was killed. 

2. Breach of duty: The defendant(s) breached the duty of care by failing to act in a manner consistent with what a reasonable person would do in a similar situation. This breach may involve negligent or reckless behavior, like when a trucker speeds on a crowded highway, or premises liability, like when a landlord fails to fix a handrail, leading to a fall. 

3. Causation: The breach of duty by the defendant was the proximate cause of the deceased person’s fatal injurie

4. Damages: The wrongful death lawsuit must also prove that the deceased person's death resulted in damages, such as financial losses, loss of companionship, and emotional suffering for the surviving family members.

The Bakersfield attorneys at Wisner Baum have extensive experience litigating wrongful death cases for families across Kern County, the state of California, and the country.

Our team has the resources and experience to obtain justice and maximum compensation in numerous wrongful death claims, including:

• Car accidents. Our attorneys represent families who have lost a loved one in a range of motor vehicle type accidents, including crashes on high-speed roads such as Highway 99 and crashes involving big rigs, Tesla autopilot, buses, and other commercial vehicles. 
• Defective products and pharmaceuticals. Our firm has cultivated a legacy litigating complex claims involving injuries caused by defective products and dangerous pharmaceuticals. We’ve represented countless families against product manufacturers and drug companies and know how to level the playing field with powerful corporations. 
• Construction accidents. Bakersfield is home to a thriving construction industry and our attorneys have the experience to handle wrongful death cases arising from all types of construction accidents. 
• Catastrophes. Wisner Baum has been trusted by clients and colleagues to handle some of the nation’s most devastating catastrophes. Our attorneys have experience handling wrongful death claims arising from aviation accidents, train accidents, and other mass casualty events. 

If someone you love was killed because of the negligent or wrongful acts of another, our team at Wisner Baum wants to help. Our Bakersfield wrongful death lawyers are known for handling all types of cases involving fatal accidents and can evaluate your legal options during a FREE consultation. 

Hiring a Bakersfield wrongful death attorney at Wisner Baum can provide several significant benefits for you and your family during this challenging time:

• Legal Expertise: When you choose us as your lawyers, you benefit from our extensive knowledge and experience in handling wrongful death cases in Bakersfield and throughout California. We understand the intricacies of the law and will navigate the legal process on your behalf.
• Compassionate Support: Dealing with the loss of a loved one is emotionally taxing. Our team is here to provide compassionate support and guidance, allowing you to focus on healing and while we handle the legal aspects of your case.
• Thorough Investigation: We will conduct a comprehensive investigation into the circumstances surrounding the wrongful death. This includes gathering evidence, speaking to witnesses, and consulting experts if necessary to build a strong case on your behalf.
• Maximizing Compensation: Our goal is to ensure you receive the maximum compensation available for your losses. This may include financial compensation for medical bills, funeral expenses, lost income, and the emotional toll of the loss.
• Negotiation Skills: We have a track record of successful negotiations with insurance companies and opposing parties. We will negotiate fiercely on your behalf to secure a fair settlement that reflects the full extent of your damages.
• Litigation Experience: If a fair settlement cannot be reached through negotiations, we are prepared to take your case to court. Our trial experience ensures that we can effectively represent your interests in the courtroom.
• Reduced Stress: Handling a wrongful death case on your own is overwhelming. By enlisting our services, you relieve yourself of the burden of the legal complexities, allowing you to focus on your family and emotional well-being.
• Familiarity with Local Courts: Our Bakersfield wrongful death attorneys are familiar with the local court systems and judges, which can be advantageous in navigating the legal process efficiently.
• No Upfront Costs: We typically work on a contingency fee basis, meaning you won't have to pay attorney fees upfront. Our fees are contingent on us winning your case, making legal representation accessible to those in need.
• Peace of Mind: Knowing that a dedicated and experienced legal team is handling your case can provide peace of mind during a challenging and uncertain time.

As a firm with a legacy of litigating high-stakes cases, Wisner Baum is trusted by colleagues and clients across the country to handle all types of wrongful death cases. 

Some examples of verdicts and settlements in wrongful death cases include:

• $265 million settlement secured by Wisner Baum Attorney Timothy A. Loranger and six other attorneys on the Plaintiffs’ Management Committee for victims of the 2015 Amtrak 188 derailment in Philadelphia.
• $20 million verdict in a case stemming from a fatal crash between a duck boat vehicle and charter bus.
• $18 million settlement arising from the crash of a military aircraft.
• $17.5 million settlement over the death of a passenger in a major U.S. plane crash. 
• $8.5 million verdict against Tyson Foods in a wrongful death case involving the death of a single young adult. 

Wisner Baum is known nationally for helping families fight for justice, and for recovering more than $4 billion in compensation for our clients.

If you have questions about a potential wrongful death lawsuit, our Bakersfield attorneys want to help. We offer FREE consultations and handle cases on contingency, which means there’s no cost to hire our firm and no fee unless we win. 

Contact us today at (855) 948-5098 to schedule a free consultation.