Bakersfield Wrongful Death Lawyer

When a family member falls victim to neglect, wrongful acts, and fatal accidents, the devastating results can impact those closest to the individual for a long time. In California, family members of those deceased due to accidents or wrongful acts where others are liable can file a claim and pursue compensation for the damages and hardship they are subjected to. In devastating cases where a family member has wrongfully lost their life, it may be very stressful for the family to deal with insurance companies and other representatives of the party responsible when seeking compensation.

Understanding what qualifies as wrongful death and whether a family member has grounds to seek compensation may be complex. By trusting a skilled and experienced Bakersfield wrongful death lawyer at Karns & Karns, you can rest assured that your case will be evaluated and valued properly. We aim to help our clients understand their rights and opportunities to take legal action as the surviving family. 

What is Wrongful Death in California?

Determining what qualifies as a wrongful death may be complex in many cases. Proving that a liable party is negligent and responsible for causing the accident or event that resulted in the death of an individual may not always be easily apparent. Different accidents and circumstances can result in fatalities, and it is important to have a skilled prosecution when handling these cases due to the complexity. 

In California law, statute 3760 states that wrongful death is defined as:

“A cause of action for the death of a person caused by the wrongful act or neglect of another…”

When an action or neglect leads to the death of an individual, a claim can be filed to help the surviving family with the financial hardship, pain and suffering, as well as other harmful effects they are left to deal with after a fatal accident. Since wrongful deaths can result from different forms of neglect and wrongful acts, it is important to understand the many examples of these cases and how family members may qualify for compensation.

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Understanding Neglect and How Fatal Accidents May Occur

Wrongful death claims may qualify for compensation under different circumstances. A skilled attorney with experience in California law can help family members pursue the compensation owed to them. Neglect can appear in many cases, such as a business neglecting to ensure the safety of their customers, or a physician neglecting to diagnose a patient of a fatal illness. While the circumstances may vary, the case needs to prove that the wrongful act or instance of neglect resulted in a fatal outcome for the victim. 

Examples of wrongful death cases: 

  • Drunk driving led to a fatal car collision 
  • A doctor or medical professional failed to diagnose or properly treat a patient 
  • A workplace accident resulted in an employee’s death 
  • The victim unknowingly used a defective product that resulted in their death 
  • A pedestrian killed due to a driver’s negligence 
  • Other cases and circumstances where a victim is wrongfully killed 

Regardless of the type of accident, when an individual is a victim of wrongful acts and neglect, a family member can pursue legal action against the companies, medical professionals, or individuals responsible for the fatality. In cases where an individual survived an accident, but died later on due to latent effects of the injuries they endured, a family member may be eligible to file a claim in this case as well. 

Can I File a Wrongful Death Claim After Losing a Family Member?

If you are a close family member, a wrongful death victim, you may be wondering if you qualify to file a claim against the responsible parties. There are several elements to look at in order to confirm the validity of a wrongful death case. Wrongful death claims must be filed in California within two years of the date of the victim’s death. 

To file a wrongful death claim, the following must be proven:

  • A family member died. 
  • The death was caused by neglect, breach of duty, or another’s intent to harm.
  • Surviving family members are suffering financial hardship following the accident. 
  • There is an appointed person for the victim’s estate.

Which Family Members or Individuals Qualify to File a Claim?

Under California law, specific family members and individuals are eligible to file a wrongful death claim after losing a loved one. Typically, the victim’s surviving spouse, domestic partner, children, or an individual entitled to the property of a deceased individual by way of a written will. An experienced wrongful death attorney can evaluate your case and determine eligibility for a claim, so you can best handle the wrongful death process and seek compensation if eligible. 

Benefits of Hiring a Bakersfield Wrongful Death Lawyer

Unfortunately, many insurance companies and representatives of liable parties may try to resolve a case by offering a low settlement to the surviving family of the victim. Often, the offer is far below what is actually valued in terms of losses and suffering due to the loss of that family member. If a close individual of your family has been killed, hiring a skilled wrongful death attorney offers many benefits to your case and claim. 

Benefits of hiring a wrongful death attorney:

  • An attorney is truthful about your case value. 
  • A lawyer is skilled in negotiation. 
  • Legal teams have ample knowledge of wrongful death laws.
  • With aggressive prosecution, you can entrust your lawyer to defend the victim and your family. 
  • A lawyer knows all the aspects of compensation recovery and what you qualify for.   

Compensation recovery varies in wrongful death cases because of the necessary proof of liability and damages to build a case. Eligible family members can recover monetary compensation for the medical and funeral expenses related to the death, loss of the victim’s wages and earnings, and other non-economic damages such as pain and suffering from their death. 

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Compassionate Wrongful Death Lawyers at Karns & Karns Build a Strategic Plan for Your Claim

When a wrongful death occurs, the surviving family is left with many challenges emotionally, mentally, and within their daily life. In California, a wrongful death lawyer can provide the resources for a solid case and evaluate every aspect of the fatal accident or negligent acts of the liable party. When navigating through a case like this one, it is often difficult to simultaneously process the days following the loss of a loved one. At Karns & Karns, our compassionate legal team is equipped with over 65 years of collective experience and we’re ready to help families file a claim. To schedule a free consultation with our legal team, you may fill out a contact form or give us a call at (888) 381-8044.

Hear what others have said about us

Thank you so much for all the work everyone contributed to bringing my case to a successful conclusion. I am truly grateful to everyone.

Stephanie C.

Very friendly, professional, knowledgeable and always kept me up-to-date on what was going on with my case. Thank you Karns & Karns!

Jean B.

Most knowledgeable and helpful personal injury firm in town. The best.

James T.

I have used the lawyers at Karns & Karns on a number of legal matters over the years. Their skill and expertise is unmatched in my opinion. When my family was the victim of fraud, I turned to the lawyers at Karns & Karns. After a long litigation battle which eventually went to arbitration, I was awarded over $1,500,000.00. The lawyers at Karns & Karns were extremely prepared and I would recommend them to anyone.

John B.

I was seriously injured in a motorcycle accident. Bill Karns was with me every step of the way. Even though the other driver said the accident was my fault, I recovered over $1,300,000.00. Mr. Karns was professional, courteous, and skilled. I would recommend him and Karns & Karns to anyone involved in a major personal injury case.

Hank E.

After a horrible incident and life-changing event, Mike and Bill brought hope back into my life.

Mona L.

I was traumatically injured on the job by a negligent forklift driver. I reached out to Karns & Karns when I began to suspect that my other attorneys didn’t have the expertise to resolve a complicated case where the defendant, a massive organization, said I was at fault. I’m certainly glad I did. Bill and Mike treated me with respect, knew the law, and did exactly what was necessary to make the defendant accept responsibility for their bad acts. I recovered $1,000,000.00, and I have Karns & Karns to thank for that.

Ed B.

I can personally attest to the fact that Karns & Karns are perhaps the most responsive attorneys in California. To receive the sort of attention that I got from Mike and Bill is noteworthy.

Nelson A.

My experience with Karns & Karns is that they truly care. As a disabled veteran, I can’t ask for any better than two top gun lawyers whose main job is to get the best for me and my well-being.

Reginald R.