Lost a Loved One in an Accident? Talk With Colvin Accident Lawyers

A wrongful death claim lets certain family members seek compensation after a death caused by another person’s negligence or wrongful act. California law decides who may bring the claim, and deadlines can be short. This page explains the basics for families in Delano and Kern County. Delano is in Kern County, and Visalia is in Tulare County. California law applies to both.

What a Wrongful Death Claim Is and Who Can Bring One

A wrongful death claim is a civil lawsuit filed after someone dies because of another party’s negligence or wrongful act. Under Code Civ. Proc. § 377.60, the decedent’s surviving spouse or domestic partner, children, and grandchildren through a child who has died may bring it.

If there is no surviving issue, the people who would inherit the decedent’s property under state law may sue. Certain other dependents may sue too: a putative spouse, stepchildren, parents, or the decedent’s legal guardians if the parents are deceased, if they were dependent on the decedent. That includes a stepchild, a parent, or a minor who lived in the decedent’s home for the previous 180 days and relied on them for at least half of their support.

A personal representative, the person appointed to manage the decedent’s estate, may also file on the family’s behalf.

A criminal case is separate. Families in Delano, Visalia, and across Kern County face the same California rules on who may file.

Accidents That Can Lead to a Wrongful Death Claim

A fatal incident can support a wrongful death claim when another party’s negligence caused the death. Common situations include:

• Car and truck collisions, including rear-end, intersection, and head-on crashes on local roads and highways.
• Motorcycle and bicycle crashes where a driver failed to yield, changed lanes unsafely, or ignored the rider.
• Pedestrian strikes. A pedestrian crossing outside a marked crosswalk, or outside an unmarked crosswalk at an intersection, must yield to vehicles that are an immediate hazard. A driver still must use due care for pedestrians on the roadway (Veh. Code § 21954). Cal. Veh. Code § 21954 also limits enforcement: a peace officer may not stop a pedestrian for failing to yield the right-of-way outside a marked or unmarked crosswalk unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.
• Bus accidents that hurt passengers or other road users.
• Dog bites. A dog owner is liable for damages from a bite in a public place or lawfully on private property, even without a history of aggression (Civ. Code § 3342).
• Premises liability. Unsafe property conditions, such as hazards, unsafe structures, or inadequate security, can cause a death.
• Deaths after a catastrophic injury. Some people die weeks or months after the event that injured them.

A common mistake is waiting too long. Families often focus on funeral arrangements and hospital bills first. Crash reports, photos, witness names, and vehicle or property records can be lost during that time.

What a Wrongful Death Claim Can Cover

Economic losses are objectively verifiable money losses. These include medical expenses, lost earnings, and burial costs (Civ. Code § 1431.2).

Non-economic losses are subjective, non-monetary harms. The law lists loss of society and companionship as one example (Civ. Code § 1431.2). For breach of an obligation not arising from contract, California’s general rule aims to pay for all the detriment proximately caused by the wrong, unless the Civil Code expressly provides otherwise (Civ. Code § 3333).

A survival claim is different. It is brought by the decedent’s personal representative or successor for losses the decedent suffered before death. Under Code Civ. Proc. § 377.34, those damages generally do not include the decedent’s pain and suffering, except in actions granted a preference pursuant to Section 36 before January 1, 2022, or filed on or after January 1, 2022 and before January 1, 2026. The exception applied to actions filed on or after January 1, 2022 and before January 1, 2026, and that filing window has closed.

What a claim is worth depends on the facts. Relevant facts include the decedent’s age, earnings, family relationships, and how the death happened.

Deadlines and Local Considerations in Kern and Tulare Counties

Most California claims for a death caused by a wrongful act must be filed within two years (Code Civ. Proc. § 335.1). Other rules can change that timeline, so each case needs a review.

Claims against public agencies work differently. If a city, county, or transit agency may be responsible, a written claim must be presented within six months after the cause of action accrues, meaning when the claim arises (Gov. Code § 911.2). Except as provided in Sections 946.4 and 946.6, a suit against a public entity cannot start until that claim has been acted on or deemed rejected (Gov. Code § 945.4).

When a person dies weeks or months after a crash, the dates matter. The timing of the injury and the death can affect the deadline analysis. Bring the crash date, the date of death, and the medical records to your consultation.

Delano is in Kern County. Visalia is in Tulare County. The same California statutes apply in both counties. Raise timing questions early, while evidence is still available.

How the Process Works, Step by Step

The process usually starts with a consultation. It then moves through evidence, claims, and possibly a lawsuit.

1. Free, confidential consultation. You share the basic facts. We review who may bring the claim and which deadlines may apply.
2. Evidence preservation. We look at police and collision reports, witness names, photos, vehicle or property records, and medical and funeral bills.
3. Responsible parties and insurance. We identify who may be liable, such as drivers, vehicle owners, employers, property owners, or public agencies, and what insurance may apply.
4. Estate questions. We review who has the legal right to act for the estate and whether a court step is needed before the claim moves forward.
5. Claim and negotiation. We present the claim to insurers or other parties and discuss the response.
6. Lawsuit if needed. If a fair resolution is not reached, we file a lawsuit and the court process begins.

Timelines vary with the complexity of the case, the parties involved, and whether a lawsuit is needed. Our team explains each stage as it happens.

Why Families Choose Colvin Accident Lawyers

Colvin Accident Lawyers is based in Bakersfield, California. The firm handles wrongful death claims and other accident matters for families in Kern County, including Delano, and in nearby communities such as Visalia.

• Responsible lawyer. Donald Norman Colvin is the responsible lawyer for this page. Our team includes the firm’s lawyers and support staff, who work on each matter.
• Case types. We handle car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and catastrophic injury cases, along with wrongful death claims.
• Plain language. We explain deadlines, evidence needs, and decisions in everyday words.
• First consultation. The first consultation is free, confidential, and carries no obligation to continue.

Every case turns on its own facts, so no outcome can be promised.

Common Questions Families Ask