BAKERSFIELD WRONGFUL DEATH ATTORNEY
Advocating for justice and the rights of loved ones left behind by victims of accidents
in Kern County, CA
Available 24/7. Zero fees until we win.
In the face of tragedy and loss, RTM Law in Bakersfield, offers a strong, supportive presence in wrongful death cases. We understand the immense grief and disruption such events cause, and we are committed to standing by your side.
Our team of experienced Bakersfield personal injury attorneys combines legal expertise with a deep commitment to advocating for victims and seeking justice. We are known for our proficiency, determination, and most importantly, our track record of securing significant victories. At RTM Law, you’ll find not just legal professionals, but passionate allies in your pursuit of justice and rightful compensation.
What Does Wrongful Death Mean?
Wrongful death is a legal term that refers to the untimely and preventable loss of life caused by someone else’s negligence or misconduct. In these cases, surviving family members may have the right to seek compensation for their loved one’s death through a civil lawsuit.
Common examples of wrongful death include fatal car accidents, medical malpractice, workplace accidents, and product defects. However, any situation where someone’s actions or inactions result in the loss of a life can be considered a wrongful death case.
Note that wrongful death is classified as a civil case, not a criminal one. This means that the goal is not to punish the responsible party but rather to seek financial compensation for the damages caused by their actions. In contrast, a criminal case seeks to punish a person for their wrongdoing.
Survival Action Defined
Survival action is another type of legal claim that may arise in a wrongful death case. It allows the estate of the deceased person to pursue legal action for any damages that were incurred by the victim before their death, such as pain and suffering or medical expenses.
In simpler terms, a survival action is meant to continue any legal claims that the deceased person would have been entitled to if they had survived. This can include compensation for funeral expenses, lost wages, loss of future earnings, and other financial losses caused by the incident.
Common Causes of Wrongful Death
Each of these causes of wrongful death involves unique elements and legal considerations, but all share the tragic commonality of preventable loss of life.
Medical Malpractice
This could occur when a healthcare provider, such as a doctor or nurse, causes injury or death to a patient through negligent acts or omissions.
Auto Accidents
Fatal accidents can happen due to reckless driving, drunk driving, distracted driving or failure to obey traffic laws.
Workplace Accidents
Employers failing to meet safety standards may lead to severe workplace accidents that result in wrongful deaths.
Product Liability
If a product is defective and leads to someone’s death, the manufacturer can be held responsible under product liability law.
Premises Liability
Property owners can be held accountable if their negligence in maintaining safe premises leads to fatal injuries.
Criminal Acts
Although typically handled in criminal court, instances like homicide can also give rise to wrongful death lawsuits in civil court.
Nursing Home Neglect or Abuse
An unfortunate reality for some senior citizens is neglect or abuse in nursing homes leading to wrongful death.
HAVE YOU LOST A LOVED ONE DUE TO ANOTHER'S NEGLIGENT ACTIONS?
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Who Can File a Wrongful Death Claim
in Bakersfield?
The laws surrounding who can file a wrongful death claim vary from state to state. In Bakersfield, Kern County, the following parties may have the legal standing to file a wrongful death claim:
- ✔ Spouse or domestic partner of the deceased
- ✔ Children of the deceased
- ✔ Parents of the deceased (if there are no surviving spouse or children)
- ✔ Siblings of the deceased (if there are no surviving spouse, children, or parents)
Note that these individuals must be designated beneficiaries in order to file a wrongful death claim. If there are no designated beneficiaries, the court may appoint a representative to file on behalf of the deceased’s estate.
Statute of Limitations:
When To File a Claim for Wrongful Death
The statute of limitations for wrongful death claims in Bakersfield is two years from the date of the deceased’s passing. However, there are exceptions to this rule depending on the circumstances surrounding the case.
If you believe you have a valid wrongful death claim, it’s important to act quickly and seek legal guidance as soon as possible. A qualified Bakersfield wrongful death attorney can help determine the best course of action for your specific case and ensure that all necessary paperwork and deadlines are met.
Economic and Non-Economic Damages
In a wrongful death claim, there are two types of damages that may be awarded: economic and non-economic. Economic damages refer to financial losses such as medical expenses, funeral costs, and lost wages. Non-economic damages, on the other hand, cover more intangible losses such as pain and suffering or loss of companionship.
Calculating these damages can be complex and require the expertise of an experienced attorney. They will take into account factors such as the deceased’s age, earning potential, and contributions to their family in order to determine a fair amount for economic damages. Non-economic damages are often subjective and can vary greatly depending on the individual circumstances of each case.
Proving a Wrongful Death Claim
For a case to be considered valid, it must substantiate four crucial legal components with evidence:
- ✔ Duty of Care: The defendant had a responsibility to ensure the safety or well-being of the deceased person.
- ✔ Breach of Duty: This duty of care was not upheld by the defendant.
- ✔ Causation: The failure to uphold the duty of care was a direct contributor to the death.
- ✔ Damages: The death resulted in specific losses or damages for which the plaintiff seeks compensation through the legal process
LOST A LOVED ONE DUE TO SOMEBODY ELSE'S NEGLIGENCE?
Why Trust RTM Law With Your Bakersfield
Wrongful Death Case?
Experience You Can Trust
RTM Law has a team of highly skilled Bakersfield wrongful death attorneys, medical experts, and case managers with extensive knowledge of California’s personal injury laws. Our expertise empowers us to handle complex wrongful death cases with confidence and ease.
Personalized Support
At RTM Law, we offer personalized legal strategies for each unique wrongful death case. Your concerns are our priority, and we ensure your voice is heard throughout the legal process.
Demonstrated Success
Our Bakersfield wrongful death attorney has a strong history of securing significant settlements and verdicts in wrongful death cases, totaling millions of dollars in Kern County and throughout California. Trust RTM Law to guide your case confidently and provide financial peace of mind.
HAVE YOU LOST A LOVED ONE DUE TO ANOTHER'S NEGLIGENCE?
FREE CASE EVALUATION.
Client Testimonials
Spencer Shields2023-11-15I was extremely thrilled with Ramin. His work ethic and professionalism made me feel very comfortable during my case. His punctuation was great and he was personable to talk with. I would highly recommend him as solid representation. Thank you so much 😊
Kayla Neff2023-11-11My experience with RTM LAW was very good! I got into a car accident and sustained bodily injuries, and they were very helpfully and commutative during the entire process. They are very nice people and I would absolutely recommend them to any of my family and friends.
Lester Alvarez2023-10-11I recommend this group
Dreaa xxo2023-10-04I had a great experience working with RTM! Rina my case manager was the best, always worked overtime just to adhere to my needs. I will definitely be recommending them to my friends!
Wendy Diaz2023-08-29Highly recommend. Extremely satisfied with RTM Law and all the staff who helped in this case.
Michelle Manian2023-08-28Ramin is a very kind understanding patient person who helped me with a situation. He gave me some great advice and insight. I found him via Google search, and I would recommend him. If you need legal advice, give him a call.
Jeff Fayngor2023-08-10Amazing law firm. We work with RTM law on multiple cases and can say with certainty they are a solid firm. They always treat our clients right and fight for whats right. They are a no nonsense type of firm. If you need a fighter in your corner call RTM
Ramin Amindari2023-07-11I recently had the pleasure of working with Ramin and RTM LAW for my traffic accident case, and I must say that I am beyond impressed with their exceptional skills, professionalism, and dedication. Their expertise in handling my case was nothing short of remarkable. From the very beginning, they patiently listened to my concerns, thoroughly assessed the details of my case, and provided me with clear and honest guidance throughout the entire process. All my injuries were addressed and taken care of promptly and professionally. They were incredibly responsive addressing all of my questions and concerns. I never felt left in the dark, as they kept me informed about every step and development. Their personalized approach made me feel like more than just a client; Rina was basically my personal assistant and would answer my call or email at anytime of the day when any minor or major question and issue arose. I felt supported and understood throughout the entire process. Ramin and RTM Law are outstanding attorneys who go above and beyond for their clients. Their expertise, professionalism, and dedication make them a true asset. If you find yourself in an auto collision and need a personal injury attorney, I wholeheartedly recommend reaching out to Ramin and RTM Law because they will provide you with the highest level of legal representation, support, and guidance.
Victim of an accident caused by someone else?
Bakersfield Wrongful Death Attorney: FAQs
How long do I have to file a wrongful death claim?
The time limit to file a wrongful death claim varies by state but typically ranges from one to three years from the date of the person’s death. This is known as the statute of limitations and it’s crucial that you file within this timeframe in order to maintain your rights.
Can I still file for personal injury if I cannot afford an attorney?
Yes, at RTM Law we operate on a contingency fee basis which means you do not pay any fees unless we win your case for you. We offer free initial consultations where our Bakersfield wrongful death lawyers discuss your case and explain how we can help.
How does RTM Law approach each case of wrongful death in Bakersfield?
At RTM Law we personalize our legal strategies based on each unique case. We prioritize your concerns and ensure your voice is heard throughout the entire legal process. Our aim is to guide you through this difficult time with empathy and professionalism.
What sets RTM Law apart in wrongful death cases?
Our firm has a strong track record of securing significant settlements in wrongful death cases, totaling millions of dollars. We are experienced, dedicated, and committed to ensuring our clients receive the resolution they deserve. Trust our Bakersfield wrongful death attorneys to navigate your case confidently and provide financial peace of mind.
What happens if I decide to file a wrongful death lawsuit?
First and foremost, we understand that no amount of money can bring back your loved one. Filing a wrongful death lawsuit is often a difficult decision to make, but it is an important step towards seeking justice for your loss. Our team at RTM Law will guide you through the legal process and explain all your options to help you make the best decision for your situation.
What is the one action rule for wrongful death claims in California?
The one action rule for wrongful death claims in California states that only one lawsuit can be filed on behalf of a deceased person. This means that if multiple individuals wish to file a claim for the same wrongful death, they must coordinate and file together as co-plaintiffs. This rule is meant to prevent multiple lawsuits from being filed against the same defendant for the same incident, saving time and resources for all parties involved.
We Help Accident Victims File a Personal Injury Claim
in Bakersfield, California
✔ Algoso
✔ Baker Street
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Hire an Experienced Bakersfield Wrongful Death Lawyer.
Contact Us For a Free Consultation.
The loss of a loved one is a devastating experience, especially when it happens due to the negligence or misconduct of another person. In these difficult times, filing a wrongful death claim can help you seek justice for your loved one and hold those responsible accountable for their actions.
However, navigating the legal process can be overwhelming and confusing, especially during such an emotional time. That’s why it’s crucial to have an experienced Bakersfield wrongful death lawyer by your side. RTM Law Firm has years of experience handling wrongful death cases, serving Bakersfield and the rest of California.
Insurance companies are NOT on your side. They will try to minimize your claim and pay you the least amount possible. That’s where we come in. Our team of attorneys will work tirelessly to ensure that you receive the maximum compensation for your loss.
Call our California wrongful death attorneys today. We are available 24/7.