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What Is the Process for Filing a Wrongful Death Lawsuit in Bakersfield? - joepluta - 01-03-2025 Losing a loved one due to someone else's negligence or wrongful actions is a traumatic experience. In addition to the emotional and practical challenges that arise, many families also seek justice by filing a wrongful death lawsuit. In Bakersfield, as in the rest of California, a wrongful death lawsuit can provide compensation for the loss of life, medical expenses, lost wages, funeral costs, and emotional distress. If you’re considering filing a wrongful death lawsuit, it’s important to understand the legal process involved. Here’s an overview of the steps to take when pursuing a wrongful death claim in Bakersfield. 1. Determine Eligibility to File a Lawsuit Before you file a wrongful death lawsuit, it’s important to establish whether you have the legal right to do so. Under California law, only certain individuals are eligible to file a wrongful death claim, including: Spouses (husband or wife) Children (biological or adopted children) Parents (in the case of a minor child’s death) Stepchildren and domestic partners (under certain circumstances) Other family members who were financially dependent on the deceased The person filing the claim must prove that the death was caused by the negligence, recklessness, or intentional misconduct of another party. The surviving family member must also show that they are financially affected by the loss, either through lost income, loss of companionship, or other impacts. 2. Consult with a Wrongful Death Attorney Once you’ve confirmed that you are eligible to file, the next step is to consult with a wrongful death attorney in Bakersfield. A qualified attorney who specializes in wrongful death cases can provide guidance throughout the legal process. They will review the circumstances of your case, investigate the cause of death, and help you determine whether there is sufficient evidence to support a claim. Most wrongful death attorneys offer free initial consultations, which is a great opportunity to ask questions and evaluate whether the lawyer is a good fit for your case. The attorney will explain the legal process, the potential for compensation, and the timeline for filing. 3. Investigation and Evidence Collection One of the most crucial aspects of a wrongful death lawsuit is gathering evidence to support your claim. Your attorney will conduct a thorough investigation to determine the cause of death, identify the liable party, and gather relevant evidence. This may include: Police reports (if the death was due to an accident or criminal act) Medical records (to establish the cause of death and any medical malpractice) Eyewitness statements (to corroborate your version of events) Expert testimony (medical experts, accident reconstruction specialists, etc.) Photographs or videos (of the accident scene or conditions leading to the death) The attorney will work with experts and other professionals to build a strong case that shows the responsible party’s negligence or wrongful conduct directly caused the death. 4. Filing the Lawsuit In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. This means you must file your claim within two years to preserve your right to sue. There are some exceptions, such as cases where the death was caused by a government entity or a minor child’s death, so it’s important to consult with an attorney to ensure your case is filed on time. To begin the lawsuit process, your attorney will file a formal complaint with the appropriate court. This complaint outlines the details of the case, the legal grounds for the claim, and the compensation you are seeking. The complaint is then served to the defendant (the party responsible for the death), and they are required to respond. 5. Discovery and Negotiation After the lawsuit is filed, both sides enter the discovery phase, where they exchange information, documents, and evidence related to the case. This phase allows both parties to evaluate the strength of the other’s case, identify potential weaknesses, and prepare for trial. During discovery, your attorney may also engage in negotiations with the defendant’s legal team to reach a settlement. Many wrongful death cases are settled outside of court through negotiations or mediation, as this can save time and costs. If a fair settlement is reached, the case may be resolved without going to trial. However, if the defendant refuses to settle or offers an inadequate amount, your attorney will be prepared to take the case to trial. 6. Trial If a settlement cannot be reached, the case will proceed to trial. At trial, both parties will present their evidence, call witnesses, and make arguments to the judge or jury. Your attorney will advocate on your behalf, aiming to demonstrate that the defendant’s actions directly caused the wrongful death and that you are entitled to compensation. The defendant will have an opportunity to present a defense, but your attorney will work to refute their claims and strengthen your case. After hearing both sides, the judge or jury will deliberate and render a verdict. If the jury finds in your favor, they will determine the amount of compensation you are entitled to receive. 7. Collecting Compensation If your wrongful death lawsuit is successful, the court will award you damages to compensate for your losses. These damages may include: Economic damages: Compensation for medical expenses, funeral costs, lost wages, and loss of financial support. Non-economic damages: Compensation for emotional distress, loss of companionship, loss of consortium (for spouses), and pain and suffering. Punitive damages: In some cases, if the defendant’s conduct was especially reckless or malicious, the court may award punitive damages, which are designed to punish the defendant and deter similar conduct in the future. Once a judgment is made, the defendant’s insurance company or the defendant themselves will be required to pay the awarded amount. If the case results in a settlement, the defendant’s insurance company typically handles the payment. 8. Appeal Process (if applicable) In the event that either party is dissatisfied with the court’s verdict, they may file an appeal. This is a legal process that challenges the court’s decision and asks a higher court to review the case. The appeal process can be lengthy and complex, but an experienced wrongful death attorney can guide you through the process if necessary. Conclusion Filing a wrongful death lawsuit in Bakersfield is a legal process that involves multiple steps, including determining eligibility, consulting with an attorney, gathering evidence, filing the lawsuit, negotiating, and potentially going to trial. While the process can be complex and emotionally challenging, the right attorney can guide you through every stage, ensuring that your case is handled with care and diligence. If you’ve lost a loved one due to someone else’s negligence, seeking legal representation can help you pursue justice and obtain the compensation you deserve for your loss.