Damages in Bakersfield Wrongful Death Cases

Donald Colvin, Esq

If someone else’s negligent actions caused your loved one’s death, you may be entitled to compensation. Similar to personal injury cases, a deceased individual’s family can pursue financial restitution to cover medical expenses and loss of quality of life. An experienced wrongful death attorney could help you understand damages in Bakersfield wrongful death cases and seek fair compensation for your suffering.

Types of Wrongful Death Damages

Losing a loved one takes a serious emotional and financial toll on a family. Some families may struggle financially long after the deceased’s death, while others may not have enough money set aside to handle unexpected funeral costs. All these damages can be included in a wrongful death claim. The types of damages you could recover in a Bakersfield wrongful death lawsuit include the following:

Funeral and Burial Expenses

Family members may be entitled to recover reasonable funeral and burial or cremation expenses, including costs for a casket, burial plot, service fees, and other final arrangements.

Loss of Financial Support

If the deceased was a primary wage earner, surviving family members can seek compensation for their loss of future income. This includes the estimated earnings the deceased would have made over their lifetime, adjusted for raises, benefits, and inflation.

Loss of Companionship and Emotional Suffering

Courts also recognize the intangible loss of losing a loved one. Surviving family members can claim damages for loss of:

  • Companionship
  • Love
  • Guidance
  • Emotional pain

To be presented in court, all requested damages must be supported by clear evidence. A qualified lawyer could help gather all the relevant documents and hire expert witnesses to prove your family’s right to compensation.

Who Can Recover Damages

In wrongful death claims, only certain surviving family members can recover damages. The primary right to recovery belongs to the surviving spouse (or registered domestic partner) and the deceased’s children. If there are no living children, the grandchildren may also be able to recover damages.

In cases where the deceased has no surviving children or grandchildren, the spouse may become the sole recipient of any awarded compensation. Parents or legal guardians may also have the right to recover damages if they depend financially on the deceased.

If the deceased person did not have a domestic partner or legal spouse, a putative spouse could seek damages. Children who lived in the decedent’s home for at least 180 days and received 50% or more of their financial support from them could also claim damages in such cases.

Statute of Limitations

The statute of limitations for recovering wrongful death damages in Bakersfield is three years. If the family files a claim after these three years have passed, they are likely to lose the opportunity to recover compensation. The faster surviving family members can take legal action, the easier it will be to collect evidence and prove their case.

Talk about Damages in Wrongful Death Cases with an Attorney in Bakersfield

If you lost a family member due to someone else’s negligent behavior, you may be entitled to compensation. Damages in Bakersfield wrongful death cases include funeral and burial or cremation costs, loss of financial support, loss of companionship, and more. At Colvin Accident Lawyers, we have already helped hundreds of families recover fair damages. We handle all the legal action, so you can focus on grieving. Contact us today to schedule a free case evaluation.