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Bakersfield Wrongful Death Lawyer

While those who have been injured in an accident in Bakersfield that was caused by someone else's carelessness or recklessness can use the personal injury claims process, many people are unaware that there is a similar process that can be used by certain family members of the deceased in order to obtain compensation for the expenses and psychological impacts of their loss. This process is known as the wrongful death claims process, and the same lawyers that provide services to assist personal injury claimants can also provide help to wrongful death claimants.

The experienced Bakersfield wrongful death lawyer from Kash Legal understands that losing a loved one is difficult enough without having the additional stressors of trying to make sense of the legal process and understanding the types of evidence needed to prove your claim. If you are the spouse, domestic partner, child, or other dependent family member of a person who was killed in an accident resulting from someone else's negligence, let us explain to you the process of seeking compensation for your loss and the types of services we can provide to assist you with the claim.

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Causes of Wrongful Deaths

What Is a “Wrongful Death” in California?

When a person dies due to the legal fault of another person or entity, it is considered a wrongful death. Some of the types of accidents that can result in a wrongful death include:

Motor vehicle accidents, including those involving trucks, cars, rideshares, commercial vehicles, motorcycles, bicycles, pedestrians, or scooters.

Premises liability matters, including slip-and-fall accidents, dog bites, swimming pool accidents, injuries resulting from elevator or escalator defects, fires and floods, negligent security, and more.

Dangerous or defective products.

Medical malpractice, in which a medical professional fails to provide their expected duty of care to their patient.

A wrongful death claim can be filed by immediate family members such as the spouse, domestic partner, child, or parent of the deceased, as well as anyone else who would be entitled to the deceased’s property as a result of intestate succession laws.

Californias Wrongful Death Laws

What is the Wrongful Death Claims Process?

The wrongful death claims process is very similar to the personal injury claims process with a few exceptions, including:

  • Wrongful death claimants have two years from the date of death to file their claim as a wrongful death lawsuit, while the filing deadline for a personal injury lawsuit is three years from the date on which the injury occurred.
  • Wrongful death claimants are not permitted to seek punitive damages. This term refers to compensation that is paid to the claimant as a means to financially punish a defendant for oppression, malice, or fraud that resulted in a fatal accident. Punitive damages can be sought through a survival action that accompanies the wrongful death claim, however.

Below, you can find details about the full process.

Submitting a Claim for Settlement or Trial

Wrongful death claims are first made against an applicable liability insurance policy held by the at-fault party. When the at-fault party’s insurance provider receives the claim, they assign it to a claims adjuster. A claims adjuster is an individual hired by the insurance company to evaluate claims and determine how much money is owed to the claimant. 

The claims adjuster can either opt to approve the claim, deny the claim, or make an offer to settle the claim for less than its established value. If the insurance company fails to pay the claim or enter a settlement agreement with the claimant, however, it can be filed as a wrongful death lawsuit in court so that a judge or jury can make a determination on liability and compensation.

Settlement negotiations do not have to stop as the claimant’s attorney prepares the case for trial. A settlement agreement can be entered at any time between when a claim is filed and when the court renders a decision on the matter. 

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Types of Compensation for Wrongful Death Claims

The types of compensation that can be sought through a wrongful death claim include expenses such as the loss of financial support and gifts that the deceased provided to their loved ones, the value of household services that the deceased provided, and reasonable expenses associated with a funeral and burial or cremation. The claimant can also seek compensation for the impacts of their loss, such as the loss of the deceased’s society and companionship, comfort and protection, moral support, training and guidance, and consortium for their spouse. 

Survival action is an additional legal claim that is often filed alongside the wrongful death claim. A survival action seeks compensation on behalf of the deceased’s estate for the personal injury that was suffered that resulted in death.

What a Bakersfield Wrongful Death Lawyer Can Do to Help With Your Claim

The most important quality having a Bakersfield wrongful death lawyer can provide to your claim is experience—both with the legal process involved in making your claim as well as the type of evidence that is needed to show liability and justify your claim’s value. Some of the services that the Bakersfield wrongful death lawyer from Kash Legal provides include:

  • Determining liability and insurance resources that can provide your compensation
  • Establishing a value to the claim
  • Communicating with the at-fault party’s insurance provider in order to negotiate a settlement
  • Filing a wrongful death lawsuit within the two-year statute of limitations on such claims.
  • Gathering the evidence and witness testimony needed to prove the claim in court.
  • Litigation services.
  • Assistance collecting your settlement or award.

Because Kash Legal uses a contingency fee billing method, you do not have to pay for your attorneys services until there is a positive resolution to your Bakersfield wrongful death claim.

Turn to a Compassionate Los Angeles Wrongful Death Attorney Today

Call Kash Legal to Learn More About Filing a Bakersfield Wrongful Death Claim

Losing a loved one is a devastating event for all involved. Losing a loved one due to someone else’s negligence can make the loss feel even worse. It is hard to think about what the future will be like during such difficult times. The team at Kash Legal can help you navigate the process of obtaining the compensation you need to begin moving forward.

Let our experienced Bakersfield wrongful death lawyer and our legal team help you make sense of the wrongful death claims process. For your free case evaluation, call us at (888) 527-4128 or fill out our contact form.

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Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

Justin J.Broken Arrow, OK

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