Donald Colvin, Esq

Wrongful Death Attorney Bakersfield

If you have lost a loved one due to someone else’s negligence, a wrongful death attorney in Bakersfield can help your family pursue the justice and financial support you deserve. At Colvin Accident Lawyers, we have served Bakersfield and the surrounding Kern County communities for more than 15 years. We understand that no amount of compensation erases the pain of losing someone you love — but holding the responsible party accountable can bring closure and protect your family’s future.

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

Real Accidents in Bakersfield That Led to Wrongful Death Claims

Bakersfield sees a significant volume of serious and fatal accidents each year. According to the Kern County Transportation Planning Agency and the California Highway Patrol’s SWITRS database, Kern County consistently records some of the highest traffic fatality rates in California.

Highway 99 Corridor Collisions: The stretch of Highway 99 between Bakersfield and Fresno is one of the most dangerous highways in the state. High-speed rear-end collisions and head-on crashes — particularly near the Stockdale Highway and Rosedale Highway interchanges — have tragically taken lives, leaving families without their primary earners.

Agricultural Equipment Accidents: Kern County is one of California’s largest agricultural producers. Farmworkers and bystanders have been fatally injured when farm equipment operated negligently on public roads or private property. These cases often involve complex liability questions across employers, equipment manufacturers, and property owners.

Oil Industry Workplace Fatalities: Bakersfield sits at the heart of California’s oil production. Workers in the oilfields along Rosedale Highway and in the San Joaquin Valley have suffered fatal injuries due to inadequate safety protocols, equipment failures, and employer negligence.

These tragedies affect real families — parents, spouses, and children who depend on the people they lost. Our team has spent more than 15 years representing those families throughout Kern County.

Who Can File a Wrongful Death Lawsuit in California?

California law identifies specific individuals who hold the right to file a wrongful death action. They include:

  • The surviving spouse or domestic partner
  • Surviving children of the deceased
  • Grandchildren, if the deceased’s children have also passed
  • Anyone who was financially dependent on the deceased, including a putative spouse

In addition, a separate “survival action” can be filed by the estate’s personal representative to recover damages the deceased experienced between the time of injury and death — such as medical costs, lost wages, and conscious pain and suffering. Our attorneys handle both types of claims simultaneously to maximize your family’s recovery.

What Damages Can You Recover?

Wrongful death damages in California fall into two main categories: economic and non-economic.

Economic Damages

  • Loss of the deceased’s future earnings and benefits
  • Loss of household services and financial support
  • Funeral and burial expenses
  • Medical bills incurred before death

Non-Economic Damages

  • Loss of companionship, affection, and moral support
  • Loss of guidance for surviving children
  • Emotional distress suffered by surviving family members

Note: California does not cap wrongful death damages in most personal injury cases. Our attorneys work with economists, medical experts, and life-care planners to build the strongest possible valuation of your loss.

Why Choose Colvin Accident Lawyers as Your Wrongful Death Attorney in Bakersfield?

Choosing the right legal representation after a devastating loss is one of the most important decisions your family will make. Here is what sets our firm apart:

15+ Years of Serving Kern County: We have built deep roots in the Bakersfield legal community. Our attorneys know the local courts, judges, and opposing counsel — knowledge that translates directly into stronger outcomes for our clients.

Personal Injury Focus: We exclusively handle personal injury and wrongful death cases. This focus means every resource in our firm works toward your family’s outcome, not divided across other areas of law.

No Fee Unless We Win: We work on a contingency fee basis. Your family pays nothing upfront. We only collect a fee if we recover compensation on your behalf.

Compassionate, Direct Communication: Grief is not a process with a deadline. We communicate clearly, keep you informed at every stage, and respect that this is one of the hardest times of your life.

Proven Results for Professional Families: We represent middle- and upper-income families who have lost a loved one — people with careers, mortgages, children in school, and futures that now need protection. We understand the full financial and emotional scope of what you face.

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.

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.

Contact Colvin Accident Lawyers Today

Losing a family member is devastating. You should not have to face the legal system alone while you grieve. Our wrongful death attorneys in Bakersfield have helped families throughout Kern County hold negligent parties accountable for more than 15 years. We are here to guide you through every step of the process with honesty, compassion, and relentless advocacy.

Call us today or fill out our online contact form to schedule your free, no-obligation consultation. There is no fee unless we win.