Dealing with the loss of a loved one due to wrongful death is difficult. Understanding the type of damages available in Bakersfield, Kern County, is important as you take steps toward seeking legal action. This guide explains wrongful death law and highlights the support available to help you during these tough times.
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Filing a Wrongful Death Claim in Bakersfield
The first crucial step is to demystify wrongful death within Bakersfield’s legal landscape. California’s wrongful death statute provides a legal remedy when a person’s death is caused by the wrongful act, neglect, or default of another.
It’s important to distinguish that a wrongful death claim is a separate legal action from criminal charges, each with its respective standards of proof and outcomes. It is a personal injury case that is pursued by the surviving family members or representatives of the deceased.
Types of Damages for Wrongful Death
The financial landscape after a wrongful death can be as complex and overwhelming as the emotional aftermath. The Bakersfield legal framework acknowledges three main categories of compensation after losing a loved one due to another’s negligence:
Economic Damages
This covers the tangible monetary impact on the survivors, such as loss of income, medical and funeral expenses, and the value of assistance and services the deceased provided. Financial compensation for a Bakersfield wrongful death case can also include future earnings that the victim would have contributed to the family.
Non-Economic Damages
These signify the intangible, yet invaluable, aspects of life lost, such as the love, companionship, and guidance that the deceased would have otherwise provided. Unlike economic damages with a clear monetary value, non-economic damages are subjective and require experienced legal representation to accurately assess their worth.
Punitive Damages
In exceptional circumstances, the court may award punitive damages to the survivors. These damages cover the cost of any reckless or malicious behavior that led to the death. However, these are not common, and their purpose is to punish the liable party, not to compensate the survivors.
Calculating the True Cost of Loss
in a Wrongful Death Case
While the law offers clarity on the types of damages for wrongful death, calculating the actual dollar value can seem convoluted without the right guidance from an experienced personal injury attorney or law firm.
The legal intricacies in the method of calculating the value of damages underscore the importance of engaging dedicated legal professionals who stand ready to support you through every step of the way.
How are damages for wrongful death calculated? The computation process involves a comprehensive assessment of the deceased’s financial contribution to the household, alongside an examination of the intangible losses suffered by their loved ones.
In California, the entity that decides how much the settlement should be in a wrongful death lawsuit is the jury. The jury’s responsibility is to analyze the evidence presented and determine the amount that they believe will fairly compensate for the losses incurred by the surviving family members.
If it was processed out of court by filing a claim, the one that sets the amount is typically the insurance adjuster.
Factors Influencing the Outcome of a Bakersfield Wrongful Death Claim
Every case is unique. The outcome of a wrongful death claim is influenced by various factors that may include but are not limited to:
1. Financial contributions of the deceased
One key factor in determining the settlement amount is the financial impact the deceased had on their family. This can include their income, benefits and other forms of support they provided.
2. Age and health of the deceased
If the individual was younger and in good health, it could be argued that they would have had a longer life expectancy, resulting in higher potential earnings.
3. Relationship with surviving family members
The strength and closeness of relationships between the deceased and their surviving family members can also play a role in the settlement amount. If the deceased was a primary caregiver or had a strong emotional connection with their loved ones, this can be taken into consideration when determining the impact of their loss.
4. Evidence of negligence
To make a successful wrongful death claim, there must be evidence that someone else’s negligence or intentional actions caused the death. This evidence can include witness testimony, expert opinions, and documentation such as medical records and police reports.
5. Potential for punitive damages
In some cases, punitive damages may be awarded in addition to compensatory damages in order to punish the responsible party for their reckless or malicious actions. This is typically only applicable in cases where gross negligence or intentional harm can be proven.
Examples of Death Damages in a Wrongful Death Case
To provide a clearer understanding of damages for wrongful death, it’s helpful to review potential real-world scenarios and the types of compensation that might be awarded in such cases.
Case Example 1: The Loss of a Primary Breadwinner
In a situation where the deceased was the primary source of income for the family, economic damages might include the projected lifetime earnings of the deceased, adjusted for inflation and minus personal living expenses. Non-economic damages could reflect the loss of guidance, support, and companionship, particularly for younger family members who have lost a parent.
Case Example 2: The Uninsured Homemaker
In cases where a deceased individuals’ contributions were not financially quantified — such as a homemaker — economic damages might still be significant. These could account for the cost of services the individual provided, like childcare, home maintenance, and other duties essential to the household’s functioning. Non-economic damages would similarly address the profound emotional impact on the family due to the loss of love, guidance, and support.
Case Example 3: The Young Adult with Potential
For a young adult whose life was cut short, the calculation of damages would consider potential future earnings, career trajectory, and contributions to family life. Non-economic damages play a major role here, capturing the loss of potential relationships, mentorship, and the vibrancy of the deceased’s future contributions to society.
While no monetary compensation can replace the presence of a loved one, understanding and pursuing the available damages for wrongful death in Bakersfield can provide a financial foundation for the future. It serves as an acknowledgment of the wrongful loss suffered, offering a pathway to closure and the possibility of rebuilding.
Need Help to File a Wrongful Death Lawsuit or Claim in Bakersfield? Talk to an Experienced Wrongful Death Attorney. Free Consultation.
The process of claiming damages for wrongful death is intricate and highly personalized. Professional legal advice is indispensable not only in managing the ins and outs of the law but also in accurately assessing and articulating the full scope of your loss.
An experienced Bakersfield wrongful death attorney can help ensure that both the tangible and intangible aspects of your loss are fully recognized and compensated. By connecting with the right legal team, you ensure not only professional advocacy but also a compassionate ally walking alongside you.
RTM Law Firm has been an advocate in numerous wrongful death cases across Bakersfield and all over California. Our commitment to hold those negligent accountable for their actions goes beyond legal counsel; it’s about being a beacon of hope for families plunged into these painful circumstances.
Contact us today to schedule a free consultation. Call our California wrongful death attorneys at (661) 402-3200.
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