Bakersfield Wrongful Death Attorneys

When You’ve Lost a Loved One, Count on Our Support

Fowler | Helsel | Vogt can provide compassionate and sensitive legal counsel after you’ve lost a loved one to an accident. Our Bakersfield wrongful death lawyers balance professionalism with genuine care. You won’t be rushed through your case when you work with us because we understand that the grieving process is delicate. You also won’t have to worry about an insurance company disrespecting your case because we will be there to stand up for you and your lost loved one.

Dial (559) 900-1280 whenever you are ready to talk about your wrongful death case.

What is a Wrongful Death?

When someone dies in a way that should have reasonably been prevented, it can be called a wrongful death. Essentially, if the person who passed away could have filed a personal injury claim had they survived, then their death is wrongful under the eyes of the law.

Common causes of wrongful death include:

• Auto accidents - Auto accidents are a leading cause of accidental death across the country. Many drivers engage in irresponsible behavior such as speeding, being under the influence, texting or other distracting actions, and aggressive driving which often results in devastating accidents.
• Defective products - Defects in design, manufacturing, or labeling frequently result in deaths.
• Medical malpractice - The most common medical malpractice claims include misdiagnosis or delayed diagnosis, surgical errors, childbirth errors, and failure to treat.
• Workplace accidents - The most at-risk workplace environments for fatal accidents include logging workers, pilots and flight engineers, oil, gas, and mining workers, roofers, and garbage collectors. Of course, it's possible for a tragedy to occur anywhere that safety measures are not put into place or enforced/allowed by supervisors.

Second Impact Syndrome

Second Impact Syndrome (SIS) happens when a person resumes activity before their first concussion has healed, suffers a second concussion, and then usually passes away or becomes seriously injured. This is common in athletes but can also occur in hazardous work environments.

Damages in a Wrongful Death Claim

California allows the deceased’s spouse, domestic partner, children, and/or grandchildren to file a wrongful death claim in pursuit of damages and compensation from the liable party. If no such person can be identified or they do not want to bear the responsibility of filing the claim, then the court can allow anyone who stood to receive an inheritance from the deceased to file a claim instead.

Damages that can be pursued in a wrongful death claim can include:

• Income the deceased would have earned in life
• Inheritance and benefits the deceased cannot pass along
• Reasonable funeral and burial costs
• Value of household services the deceased regularly provided
• Final medical expenses related to the deceased’s passing
• Survivors’ losses of companionship, support, parental guidance, etc.

How Much Time Do You Have to File a Claim?

A brief two-year statute of limitations for wrongful death claims is allowed in California. It begins on the date of the deceased person’s death, not on the date of their fatal injury or when their terminal illness was first diagnosed.

Two years might seem like a long time now, but, as anyone who has grieved the loss of a loved one can admit, time can fly by surprisingly fast while in sorrow. Do not risk losing track of time and then losing your opportunity to hold accountable the party responsible for your loved one’s death. Reach out to a wrongful death attorney as soon as possible.

To schedule a consultation, please dial (559) 900-1280.