When a loved one’s life is cut short due to someone else’s negligent actions, the pain can be overwhelming. For families grappling with the loss of a member, filing wrongful death action is not just a matter of justice — it’s about providing a sense of closure and ensuring that those left behind are taken care of in the best way possible.
Understanding how to prove wrongful death and the legal steps involved is crucial, especially in a community like Bakersfield where such incidents can be tragically common. In this blog, we’ll explore the key steps and considerations for those who seek to establish wrongful death damages in Bakersfield, California.
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What Constitutes a Wrongful Death Case in Bakersfield?
Defining wrongful death under California law is the first step in seeking justice. Wrongful death can arise from a variety of circumstances, including medical malpractice, negligence-based incidents, and even intentional acts.
In Bakersfield, where industries like agriculture and oil play significant roles in the local economy, workplace incidents can also lead to wrongful death liability suits.
Wrongful death is a civil court matter that holds a party responsible for the loss of a life resulting from their deliberate or negligent actions. Unlike a criminal case, the goal of a successful wrongful death claim is not to punish the responsible party but rather to provide financial compensation to the surviving family members for their losses.
Who Can File a Wrongful Death Lawsuit?
In most cases, a California wrongful death lawsuit can be filed by the immediate family members of the deceased, such as spouses, children, or parents.
However, depending on the circumstances and state laws, other individuals may also have the right to file a lawsuit. This could include domestic partners, financial dependents, or anyone who has suffered financially due to a loved one’s death.
Initial Steps in Proving a Wrongful Death Claim
Before a family can begin to prove wrongful death, they must first understand their rights and the extenuating circumstances surrounding the incident.
Statute of Limitations in Bakersfield
The deadline to file a wrongful death claim is generally two years from the date of the individual’s death. It’s important to act swiftly within this window to ensure that the claim is valid and to begin the process of gathering essential evidence and supporting documentation.
Eligibility for Filing a Wrongful Death Suit
Not everyone can file a wrongful death case. Typically, the spouse, domestic partner, or children of the deceased are the primary individuals eligible. However, financial dependents and those who would be entitled to the property of the decedent, whether through a will or California’s intestate succession laws, can also bring forth a claim.
Proving California Wrongful Death Liability:
Elements of a Wrongful Death Case
The burden of proof for wrongful death cases is high, justifiably so given its profound implications. To prove damages, one must be able to demonstrate several key elements:
Duty of Care
To prove wrongful death, the plaintiff must show that the defendant owed the deceased a duty of care. This could be a doctor’s responsibility to provide a standard of care, a driver’s duty to operate their vehicle safely, or an employer’s obligation to maintain a safe work environment.
Breach of Duty
The next step is to establish that the defendant breached their duty. For instance, a driver who runs a red light, a doctor who neglects to diagnose and treat accordingly, or an employer who fails to provide proper safety protocols can all be seen as breaching their respective duties of care.
Establishing Causation
Linking the defendant’s actions to the death is crucial. This is typically the most challenging part of a wrongful death case, as it requires proving that the defendant’s breach was the direct cause of the fatal incident or conditions leading to it.
Identifying Damages
Finally, demonstrating that the death resulted in damages is imperative. This can include loss of financial support, funeral and burial expenses, and the value of household services previously provided by the deceased, amongst others.
How a Wrongful Death Lawyer Can Help
Seeking the expertise of a legal professional who is an expert in wrongful death law is critical. Lawyers skilled in this area of law understand the nuances of the process and can be a beacon of hope to prove wrongful death.
Legal Counsel in Action
A wrongful death lawyer can help families gather evidence, arrange expert testimony, and negotiate with insurance companies. Their role is to guide the family through every step of the legal process, providing the support necessary to ensure the case receives the attention it deserves.
Gathering Expert Testimony
In many wrongful death cases, expert witnesses play a crucial role in establishing what caused the death and establishing damages. From medical professionals to accident reconstruction specialists, their testimony can provide the necessary weight to prove the claim.
Securing Compensation
Whether you file a claim or a wrongful death lawsuit in California, an attorney can help you seek compensation for your losses. This may include financial support for funeral and burial expenses, medical bills, lost wages, and emotional pain and suffering.
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The path to proving wrongful death is not one to take lightly. It is rife with emotional hurdles and legal elements. However, for the residents of Bakersfield, it is a crucial step towards securing financial compensation and restitution.
If someone else’s recklessness caused your loved one’s death, reach out to our team at RTM Law Firm. Our dedicated wrongful death attorneys in Bakersfield stand ready to provide compassionate legal counsel and prove damages in a California wrongful death case.
Let us fight for your right to receive justice. We understand that no amount of money can ever replace the loss of a loved one, but we believe in holding those responsible accountable for their actions.
Call our Bakersfield personal injury attorneys at (661) 402-3200.
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