Losing a loved one is often one of the most devastating and painful experiences of a person’s life. This is especially true if their loved one was lost in a completely preventable accident caused by negligence. If you lost a family member in a tragic accident that could have been prevented, you don’t deserve to be left with mounting funeral costs, lost income, and grief. A Bakersfield wrongful death attorney will listen to your story and represent your family as they fight for justice for your lost loved one. Contact BD&J’s wrongful death lawyers for a free consultation today!
What is Wrongful Death?
While occasionally unforeseen injuries and illnesses can take our loved ones too soon, many times, an untimely death can be attributed to another person’s or entity’s negligence. Wrongful death is the legal concept of a death resulting from an accident caused by a reckless action or inaction. This may happen on the road, in the workplace, or even in places of business or public spaces. If your loved one died because of an accident that should have been prevented, you could have a wrongful death case.
Where Do Wrongful Deaths Most Often Occur?
Wrongful deaths can happen just about anywhere an accident can happen. However, some locations and situations lend themselves to higher risks and greater consequences if an accident occurs. Many wrongful death lawsuits involve road accidents, especially on the highway or involving trucks. The increased speed and weight of these situations can result in more severe injuries and death. Additionally, some workplaces are more likely to cause major injury or death than others. For example, an accident in an office workplace would be far less likely to be fatal than an incident on a construction site, oil rig, or warehouse.
If you aren’t sure if you have a wrongful death case, a Bakersfield wrongful death attorney at BD&J can help you understand your legal options.
What Kind of Compensation Can a Bakersfield Wrongful Death Lawyer Get for Me?
Wrongful death lawsuits can often return significant compensation for surviving family members, especially with a reliable wrongful death lawyer. This is typically because the loss of a life is the ultimate cost of negligence and costs associated with burial, grief, and other matters can exponentially outweigh other non-fatal injuries or illnesses. At BD&J, our Bakersfield wrongful death attorneys often demand client compensation for:
- Medical bills, if the deceased was treated in a hospital before death
- Funeral costs
- Trauma and grief counseling
- Lost income
- Loss of consortium
- Loss of potential
- Pain and suffering
- And more.
Frequently Asked Questions
Will the Defense get murder charges if I win my wrongful death case?
No. Wrongful death cases and criminal murder charges are completely separate legal processes. Wrongful death claims are civil lawsuits that allow individuals to claim compensation for their losses. Murder charges are brought by the District Attorney if a crime is committed and can result in jail time. Criminal proceedings have nothing to do with ensuring surviving loved ones are taken care of.
Am I eligible to bring a wrongful death case in Bakersfield?
Wrongful death lawsuits in Bakersfield can only be brought by particular members of a deceased person’s inner circle of loved ones. Typically, in California, only close family members can bring a wrongful death claim. However, if you were financial reliant on the deceased person for support, you could have a claim for compensation. The most common relations to bring wrongful death lawsuits in California are spouses, children, and parents.
My loved one had a long hospital stay before they passed away. Can I be compensated?
Yes! If your loved one died as a result of injuries or illnesses sustained because of an accident cause by negligence, you could claim compensation for all the medical and funerary costs associated with their death. This includes bills accrued during medical treatment before their death. A Bakersfield wrongful death lawyer will help you identify all the possible avenues of compensation in your case.
Is my wrongful death settlement taxable?
In California, most wrongful death settlements are not taxed unless punitive damages are awarded for the case. In these situations, the specific share of punitive damages are taxed as though they are income. If you have questions regarding your tax liabilities following a wrongful death lawsuit, contact a tax professional in Bakersfield.
How long will a wrongful death lawsuit take in California?
Each wrongful death case is as unique as the individual who was lost too soon. There are many factors that can contribute to a lawsuit’s length and complexity, such as cooperation between parties, securing evidence, expert or court scheduling, and obtaining records. In California, many cases can take from several months to a few years to resolve. In the meantime, the Bakersfield wrongful death attorneys at BD&J will make sure you’re taken care of with personal service and cash advances to help you pay for bills while your claim is processed.
How to Find a Compassionate and Successful Wrongful Death Attorney in Bakersfield
Many attorneys in California claim to be successful wrongful death advocates, but when it’s your family’s well-being on the line, you want the best. Follow these steps to make sure your wrongful death lawyer is exactly the ally you need during this horrific time.
- Check website outcomes. Attorneys will often advertise their successful case results on their websites. Make sure they have plenty of wrongful death outcomes listed and the results don’t seem too low to cover long-term income replacement or other needs. While the outcomes posted aren’t necessarily guarantees of your results, they can tell you whether a lawyer will fight for the maximum compensation or settle for low-ball offers.
- Read reviews. Reviews are one of the most reliable ways to determine if a lawyer is a great ally or treats their clients like a case number. Remember: all attorneys will have some bad reviews due to the emotional volatility involved in law, but if an overwhelming majority are positive, you probably have a great attorney or law firm on your hands.
- Schedule a free consultation. Most attorneys will offer free consultations to guide you on whether you have a case and how they might approach it. The consultation is your opportunity to meet a wrongful death attorney face-to-face to learn whether you work well together or don’t get along. If you’re considering bringing a wrongful death lawsuit in Bakersfield, consider whether you would want to be partnered with an attorney for a year or more.
Providing for Surviving Family Members for Decades
At BD&J, we know what it is to suffer loss. Many of our attorneys have personally experienced the hardship and grief that comes with losing a loved one too soon. Because of this, we prioritize your and your family’s wellness and care during this difficult time in your lives. We fight for the maximum compensation possible to ensure you are always taken care of after a loved one’s death and the responsible person or entity is held accountable for such egregious negligence. We’ve proudly become family for thousands of clients and recovered more than $2 billion* for surviving loved ones across California.
If your loved one died during an accident, contact our Bakersfield team today to schedule a free consultation 24/7.
