Wrongful Death Lawyer in Bakersfield for Families Facing the Unthinkable

A wrongful death claim lets certain family members seek compensation after someone dies because of another party’s wrongful act or negligence. In California, who may file depends on the survivor’s relationship to the person who died. Deadlines are short, so questions should come early. Families in Lancaster and Palmdale looking for a wrongful death lawyer Lancaster CA can use this guide to understand who may file, what a claim can cover, how the process moves, and which deadlines matter.

What a wrongful death claim is and who it helps

A wrongful death claim is a civil lawsuit filed after a death caused by someone else’s negligence or wrongful conduct. Its goal is to hold the responsible party accountable for the loss.

California law makes people responsible for harm they cause through a lack of ordinary care. That rule appears in Civil Code section 1714.

Fatal incidents that can lead to these claims include:

• Car, truck, motorcycle, and bus crashes
• Bicycle and pedestrian collisions
• Fatal dog attacks
• Deaths caused by dangerous conditions on a public entity’s property, where the public entity is liable under Government Code section 835

The Insurance Institute for Highway Safety publishes state-by-state fatality totals for California, broken down by road-user type.

Lancaster and Palmdale are in Los Angeles County. A crash or unsafe condition there may involve county roads or public agencies. Colvin Accident Lawyers is based in Bakersfield, and it takes cases from the Antelope Valley and the other communities it serves.

Who can file and what a family may recover

Under Code of Civil Procedure section 377.60, a wrongful death claim may be brought by the decedent’s surviving spouse, domestic partner, and children. The statute also lists others, such as dependent parents and stepchildren. A minor who lived in the decedent’s household for the previous 180 days, and who relied on the decedent for one-half or more of support, may also qualify.

Damages are not a fixed list. Under Code of Civil Procedure section 377.61, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34.

A separate claim the person who died could have brought, if it survives the death, passes to the decedent’s successor in interest under Code of Civil Procedure section 377.30, and the decedent’s personal representative or, if none, the successor in interest may bring it. Under Code of Civil Procedure section 377.34, survival damages generally do not include pain, suffering, or disfigurement. Subdivision (b) has exceptions for certain actions filed in a window that ended January 1, 2026. Under Code of Civil Procedure section 377.62, an action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect.

What a family can recover depends on the facts. Those facts include the decedent’s age, earnings, family ties, and how the death happened.

Fatal crashes and incidents Colvin Accident Lawyers handles

Colvin Accident Lawyers handles wrongful death matters that grow out of the injury cases the firm takes on. These include:

• Car accidents: intersection crashes, lane departures, speeding, and impaired or distracted driving.
• Truck and bus accidents: crashes with commercial vehicles, where more than one party may share responsibility.
• Motorcycle, bicycle, and pedestrian deaths: cases that often need close review of how the crash happened and where the rider or walker was.
• Dog attacks: fatal bites or attacks by a dog.
• Premises liability: deaths tied to hazardous conditions on property where a person was hurt and later died.
• Catastrophic injury: deaths that follow long medical treatment for a serious injury.

When a public entity owns the property, Government Code section 835 sets out when it may be liable for a dangerous condition. The injured person must show that the property was in a dangerous condition at the time of the injury, that the condition proximately caused the injury, and that it created a reasonably foreseeable risk of the kind of injury that happened. The person must also show either that a negligent or wrongful act or omission of a public employee, within the scope of employment, created the condition, or that the entity had actual or constructive notice of it in time to protect against it.

Each type of incident calls for different evidence. That is why an early review of what happened matters.

What to expect: the step-by-step process

The process starts with a first consultation and moves through records, investigation, claim presentation, and then either settlement or a lawsuit. Your first consultation is free, confidential, and carries no obligation to continue.

1. First contact. You describe what happened and ask your questions.
2. Facts and records. The team gathers crash or incident reports, medical and coroner records where available, photos, and witness information.
3. Investigation. The review covers who may be responsible and the family’s losses, including the decedent’s work history, household role, and medical bills.
4. Claim presentation. The claim goes to the responsible parties and their insurers with supporting records.
5. Resolution. The case may settle through negotiation. If a fair resolution is not reached, a lawsuit may be filed. Timelines vary from case to case.

To file a wrongful death complaint, the California Courts Self Help Guide explains the Judicial Council form.

Deadlines that can shorten the time you have

Under Code of Civil Procedure section 335.1, an action for a death caused by another’s wrongful act or neglect must be brought within two years.

When a city, county, or transit agency may be responsible, a formal claim comes first. Government Code section 911.2 says a claim for death must be presented not later than six months after the cause of action accrues.

If that six-month window passes, Government Code section 911.4 allows a written application to present a late claim. The application must be made within a reasonable time, not to exceed one year after the cause of action accrues. It must also state the reason for the delay.

Missing a deadline can end a claim. Reading this while planning services is hard. Still, the first consultation is the time to confirm which dates apply to your situation.

Why Colvin Accident Lawyers for Families Facing a Wrongful Death Claim

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. It takes wrongful death matters from families in Kern County, Lancaster, Palmdale, Fresno, Visalia, Delano, and Tehachapi.

Donald Norman Colvin is the responsible lawyer for this page. Our team, including lawyers and support staff, works with families from first contact through resolution.

The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and catastrophic injury matters. These are the types of incidents that can lead to wrongful death claims.

At the first consultation, you can ask about each deadline and each damages question. You can get a clear picture of your options before you decide anything.

Common questions about wrongful death claims

Do I need a criminal conviction first?

Talk with Colvin Accident Lawyers about your family’s situation

If a crash, attack, or unsafe condition took someone you love, you may have a claim, and a deadline may already be running.

You may be reading this while planning services, caring for other family members, or gathering papers. You may not yet know whether a claim fits your situation. The question in front of you is whether what caused the death may support a wrongful death claim, and whether a deadline is close.

Call Colvin Accident Lawyers or use the contact form to talk with our team. Bring whatever papers you have, and ask every question you have.

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