Wrongful Death Lawyer in Delano: Understand Your Filing Options

When a Delano Family Loses Someone in a Preventable Accident

A wrongful death claim lets a family seek compensation when another person’s wrongful act or carelessness causes a death. In Delano, that can follow a fatal crash on a county road, a pedestrian strike, a dog attack, or a fall on property that was not kept safe.

Grief and paperwork often arrive at the same time. Many families are still planning a funeral when questions about the crash begin. Knowing the basic rules early helps you avoid mistakes that are hard to undo.

This page explains general California principles for families who want a clear starting point. It is not legal advice for any one case, and every case turns on its own facts.

Colvin Accident Lawyers is a personal injury firm based in Bakersfield. The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and catastrophic injury cases, including those that end in death. You can read more on our wrongful death lawyer page.

Who Can File a Wrongful Death Claim in California

In many cases, the right to file belongs to close family members or to a person acting for the estate of the one who died. Which person may file turns on the family relationship and the circumstances.

The California Courts Self-Help Guide on personal injury cases offers general information about personal injury lawsuits.

When an estate is opened, a personal representative often handles claims for the person who died. The California Courts guide to property after someone dies covers how a personal representative collects property, pays debts, and distributes what remains.

Spouses, children, and parents may each have different interests, and they don’t always agree. Delano families often have relatives spread across Kern County. Sorting out who is involved early can prevent delays later.

How Long Families Have to File a Wrongful Death Claim in California

California generally allows two years to file a personal injury lawsuit, and a wrongful death case generally follows the same two-year period. The Code of Civil Procedure § 335.1 sets this general rule.

Some cases follow different timing. Claims against a public entity, such as a city or county agency, can change the deadline. Deaths tied to medical care can also follow different rules. Because of these exceptions, the exact date turns on the facts of the case.

Waiting costs more than calendar time. Skid marks fade, surveillance video gets overwritten, and witnesses move away or forget details. Calling early gives the review more time to work with the evidence that still exists.

What Losses Can a Family Recover in a California Wrongful Death Case?

California’s general damages rule compensates for the harm a wrongful act causes. Under Civil Code § 3333, the measure is the amount that compensates for all detriment proximately caused, meaning harm directly tied to the wrongful act. That detriment falls into two groups.

Economic losses are objectively verifiable money losses. Civil Code § 1431.2 lists medical expenses, loss of earnings, and burial costs in this group. Receipts, invoices, and pay records help prove these losses.

Non-economic losses are subjective, non-monetary harms. The same statute includes loss of society and companionship, emotional distress, and mental suffering. Families often feel these losses most, and they are harder to put on paper.

In a wrongful death case based on comparative fault, each defendant’s liability for non-economic damages is several only, not joint, so each one is liable only for its own share. Under Civil Code § 1431.2(a), that share is “in direct proportion to that defendant’s percentage of fault.” No one can promise a dollar figure. Results will differ with different facts.

Evidence Delano Families Should Preserve Now

Families should gather and keep records as soon as they can. Start with the police or traffic collision report, the death certificate, and any coroner or medical examiner records. Keep hospital bills, funeral invoices, and receipts for medical visits and related costs.

Save the decedent’s pay stubs, tax returns, and employment records. These help show lost income and support. Photos of the scene and vehicles matter too, along with the names and phone numbers of anyone who saw the crash.

Vehicles get repaired or sold, and scenes change within days. Bikes, clothing, and helmets can also be lost or thrown away. Taking photos and noting where each item is kept can protect what you may need later.

Write a simple timeline while memories are fresh. Note the date, time, location, what you saw or heard, and who called for help. Keep it short and factual.

Avoid posting about the accident, the person who died, or their activities on social media. Insurers and other parties can see public posts, and a casual comment can be read out of context.

What Happens at a Free Consultation With Colvin Accident Lawyers?

Our first consultation is free, confidential, and carries no obligation to continue. You describe what happened, and the attorney reviews the circumstances of the death, the parties involved, and the timeline. You can bring the records you already have.

The attorney explains the legal options and timing in plain language. You then decide what to do next. Nothing has to be signed at that first meeting.

Colvin Accident Lawyers is based in Bakersfield, and Delano families are part of the Kern County area the firm serves. Donald Norman Colvin is the California lawyer responsible for this site. Our Kern County page describes the area we serve.

Common Questions About Wrongful Death Claims in Delano

Talk With Colvin Accident Lawyers About Your Delano Wrongful Death Claim

If you’re weighing a wrongful death claim after a loss in Delano, the two-year timeline may already be running. Early records and early questions give a review the most to work with.

Call Colvin Accident Lawyers, or use the contact form, to start your conversation about what happened and what comes next.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site. Donald Norman Colvin, California lawyer.