Bakersfield Wrongful Death Attorney
Wrongful Death Claims in Bakersfield, CA
If you have recently lost a loved one due to the negligence, carelessness, or intentional act of another person or entity, you may be suffering financial difficulties in addition to the emotional hardships that you have to deal with. A Bakersfield wrongful death attorney may be able to help you get the compensation that you need and deserve through a wrongful death claim.
At Setareh Law, our team of professional and compassionate wrongful death attorneys will review your case and fight to get the compensation that is fair and deserving. Grief is a difficult and sometimes lengthy process, which is why it is important to call our Bakersfield personal injury attorneys so that they can help manage your claim while you concentrate on healing. We make it our mission to fight for our clients to get them justice for their loved ones and compensation to continue to live their lives.
What Is Wrongful Death?
Wrongful death is usually defined as the death of a person as a result of a negligent, reckless, or intentional act of another person or entity. The most common claim for wrongful death is made as a result of a traffic accident, but there are numerous other reasons a wrongful death claim may be considered.
There is a statute of limitation in the state of California for filing a wrongful death claim. You must file within two years of the date of the death of your loved one. Even though this is an emotional and painful time, it is recommended that you file your wrongful death claim as soon as possible. That’s where having an experienced Bakersfield wrongful death attorney is important. While you are healing, they will research your case and begin collecting the information they need to best represent you and provide a strong claim.
You must be a legally qualified person to file a claim for wrongful death. California law states that a wrongful death claim may be filed by a surviving spouse, domestic partner, child, grandchild, parent, grandparent, or any person dependent on the financial support of the deceased.
What Are the Types of Wrongful Death?
Wrongful deaths can be accidental or intentional. To file a claim, the person must have died as a result of negligence, recklessness, or maliciousness of another person or entity, and legally qualified survivors have suffered damages because of the death. Some at-fault parties include drivers, manufacturing companies, doctors, property owners, and others who are responsible.
Even though there can be claims against persons or entities in a variety of cases, these are the most common types of wrongful death claims:
Traffic accidents caused by the negligent or reckless act of a driver of a car, truck, bus, or motorcycle are common causes of wrongful death claims. Some ways that drivers may be reckless or negligent are:
- Driving while intoxicated or under the influence of a controlled substance
- Driving recklessly or speeding
- Driving while drowsy
- Distracted driving
When a pedestrian or bicyclist is killed due to the careless or reckless act of another driver can also be considered a wrongful death. Drivers have a duty of care to other drivers and pedestrians. When this duty is breached, the driver may be found at fault and responsible for damages to the wrongful death claim.
Workplace accidents are often caused by unsafe working conditions, machinery or equipment that are unsafe or unmaintained, and irresponsible or unsafe acts of another person. There may be more than one person or entity at fault for fatal workplace accidents. Though workers’ compensation insurance provides some compensation to the surviving families, it may not be sufficient to provide long-term financial support due to the loss of a loved one.
Slips and Falls
Many slips and falls occurring either on public or private property can cause substantial injuries. For the elderly, however, these falls can be fatal. If your elderly loved one died after a fall in a nursing home or other location, this may be considered a wrongful death, especially if the fall was caused by unsafe conditions such as wet or slippery floors, or from the inaction or improper action of another person.
Intentional acts that resulted in the death of another can be considered wrongful death. The primary act is homicide, but other acts, such as manslaughter, can also be considered. When a wrongful death suit is brought forth, it is separate from criminal cases and may be filed, regardless of the outcome of a criminal trial.
The Bakersfield Wrongful Death Attorneys at Setareh Law Can Help
If you recently lost a loved one through the negligent, reckless, or malicious act of another, you may be entitled to compensation for damages. Our wrongful death lawyers at Setareh Law are experienced and compassionate and are dedicated to guiding you through the complex issues of a wrongful death claim. We will work with you every step of the way to make sure your rights are protected and that your family gets the compensation owed. Our team also speaks Spanish.