The sudden loss of a loved one is heartbreaking under any circumstances. When that loss is caused by another person’s negligence or wrongful actions, the grief is often intensified by anger, confusion, and the painful realization that the tragedy may have been prevented.
At Colvin Accident Lawyers, our Bakersfield wrongful death attorneys understand both the emotional and financial challenges families face after losing a loved one. With extensive experience handling wrongful death claims in California, our legal team is committed to providing compassionate support while aggressively pursuing justice and accountability on your behalf.
What Is a Wrongful Death Claim in California?
A wrongful death claim arises when a person dies as a direct result of another party’s negligent, reckless, or intentional conduct. Under California Code of Civil Procedure § 377.60, surviving spouses, children, and certain other dependents can file a civil lawsuit to recover damages.
Common causes of wrongful death in Bakersfield include:
- Motor vehicle accidents on Highway 99, Interstate 5, and Ming Avenue
- Truck and commercial vehicle collisions near the Tejon Pass
- Workplace accidents in agriculture, oil, and construction industries
- Slip-and-fall accidents resulting in fatal injuries
- Medical malpractice and delayed diagnosis
- Defective products and dangerous equipment
Why You Need a Bakersfield Wrongful Death Attorney
No family should be forced to navigate the legal system while grieving. A skilled Bakersfield wrongful death lawyer can manage the legal process, protect your rights, and help relieve the financial strain that often follows a sudden loss.
Wrongful death claims are intended to provide surviving family members with financial stability and a sense of justice. While no legal outcome can undo your loss, holding the responsible party accountable can help your family move forward with greater peace of mind.
Who Can File a Wrongful Death Claim in California?
Under California Code of Civil Procedure § 377.60, only certain individuals are legally eligible to file a wrongful death lawsuit. Those who may qualify include:
The surviving spouse or registered domestic partner
Children of the deceased
Parents of the deceased
Siblings of the deceased (in specific situations)
Grandparents of the deceased
Minors who lived with the deceased for at least 180 days before death and were financially dependent on them
Determining eligibility can be complex. A Bakersfield wrongful death attorney can evaluate your circumstances, explain your legal standing, and help determine whether you have a valid claim.
Compensation Available in a Wrongful Death Lawsuit
The unexpected death of a loved one often creates serious financial hardship—especially when the deceased was a primary income provider. Families may struggle with daily expenses, housing costs, and long-term financial security.
A wrongful death claim may allow surviving family members to recover economic and non-economic damages, including:
Economic Damages
Medical expenses related to the final injury or illness
Funeral and burial costs
Loss of financial support and future income
Loss of benefits such as health insurance or retirement contributions
Non-Economic Damages
Loss of love, companionship, and guidance
Emotional distress and mental anguish
Pain and suffering
Loss of household services and care
While financial compensation cannot replace your loved one, it can ease financial pressure and give your family the stability needed to grieve and heal.
How Long Do You Have to File a Wrongful Death Claim in California?
California’s statute of limitations for wrongful death claims is two years from the date of the deceased person’s death (California Code of Civil Procedure § 335.1). Missing this deadline almost always bars your claim permanently.
Exceptions exist — for example, cases involving a government entity require a government tort claim within six months. We strongly encourage families to contact our office as soon as possible so we can preserve evidence, identify all liable parties, and file before critical deadlines pass.
How Colvin Accident Lawyers Can Help Your Family
Wrongful death cases often involve detailed investigations, expert testimony, and careful evaluation of evidence. Attorney Donald Colvin and the team at Colvin Accident Lawyers are experienced in investigating fatal accidents, identifying all liable parties, and building strong claims for grieving families.
We handle every aspect of your case—from investigation through settlement negotiations or trial—so you can focus on what matters most: your family and your healing.
Why Choose Colvin Accident Lawyers?
At Colvin Accident Lawyers, we understand the emotional weight families carry after losing a loved one. Our firm is built on compassion, experience, and a strong commitment to justice. We work to reduce the stress and uncertainty surrounding wrongful death claims and pursue outcomes that honor your loved one’s life and legacy.
Our goal is to provide clarity, unwavering support, and powerful legal advocacy during one of the most difficult periods a family can face.
Frequently Asked Questions: Wrongful Death Attorney Bakersfield
How much does a wrongful death attorney in Bakersfield cost?
Colvin Accident Lawyers handles wrongful death cases on a contingency fee basis. This means you pay no legal fees unless we win your case. The consultation is free, and we front all litigation costs. Our fee comes as a percentage of the settlement or court award, so there is no financial risk in moving forward.
How long does a wrongful death lawsuit take in California?
Every case is different. Some wrongful death claims settle within 12 to 18 months when liability is clear and the insurance company negotiates in good faith. Cases that go to trial can take two to four years. Our team pursues efficient resolution without sacrificing the value of your claim.
What is the difference between a wrongful death claim and a criminal case?
A wrongful death lawsuit is a civil action, entirely separate from any criminal prosecution. Even if the responsible party faces criminal charges — or is not charged at all — your family can still pursue a civil wrongful death claim. The burden of proof in civil court is lower than in criminal court, which often works in your family’s favour.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes. California follows a pure comparative negligence rule. Even if the deceased shared some responsibility for the accident, your family can still recover damages. The award is reduced in proportion to the deceased’s share of fault. For example, if your loved one was found 20% at fault, the family recovers 80% of the total damages.
What evidence do I need for a wrongful death claim in Bakersfield?
Useful evidence includes the accident or incident report, photographs of the scene, witness statements, medical records and the death certificate, employment records showing lost income, and any available surveillance or dashcam footage. Our investigators begin gathering this evidence immediately after you retain us — early action often makes the difference in preserving critical proof.
Does Colvin Accident Lawyers handle wrongful death cases outside of Bakersfield?
Yes. While Bakersfield is our home base, we represent clients throughout Kern County and the greater Central Valley. If your loved one was killed in an accident anywhere in California, contact us to discuss whether we can assist.
Speak With a Bakersfield Wrongful Death Attorney Today
If your family is coping with the wrongful death of a loved one, you do not have to face this process alone. The compassionate attorneys at Colvin Accident Lawyers are here to listen, answer your questions, and guide you through your legal options.
Contact Colvin Accident Lawyers today to schedule a confidential consultation with a Bakersfield wrongful death lawyer. We are here to support you and your family during this difficult time.
