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Wrongful Death Lawyer in Bakersfield: How to Win a Case

How do you win a wrongful death lawsuit? The family has to prove that another party’s wrongful act or negligence caused the death. How strong the case is depends on the facts and the law that apply. This page explains who can file, what must be proven, which damages are available, and when the clock starts. Colvin Accident Lawyers is based in Bakersfield, California, and represents families in Kern County and nearby communities.

Who Can Bring a Wrongful Death Lawsuit in California?

A surviving spouse, domestic partner, or child can bring the claim. So can the children of a deceased child. Code Civ. Proc. § 377.60 also lets the personal representative of the estate file on the family’s behalf.

If the decedent left no surviving issue, the persons who would inherit the decedent’s property under California intestate succession law may bring the claim (Code Civ. Proc. § 377.60). The same statute also covers some dependents. A putative spouse, stepchildren, parents, and the decedent’s legal guardians (if the parents are deceased) may also be eligible, but only if they were dependent on the decedent. A minor who lived in the decedent’s household for the previous 180 days and relied on the decedent for half or more of support may also sue.

A separate survival claim belongs to the estate and covers harm the person suffered before death. The two claims are often reviewed together.

Many kinds of accidents can lead to these claims. Families may face one after a car, truck, motorcycle, bicycle, pedestrian, bus, or train crash. Dog bites and deadly conditions on someone else’s property can also lead to claims.

What Must Be Proven to Win a Wrongful Death Case?

California makes a person responsible for harm caused by a lack of ordinary care (Civ. Code § 1714).

• Duty: The defendant owed a duty of care. A driver must yield to a pedestrian in a crosswalk (Veh. Code § 21950).
• Examples include speeding, distraction, impairment, poor vehicle upkeep, or an ignored hazard.
• Causation: That failure caused the fatal injury.
• Damages: The surviving family suffered measurable losses.

Two rules often shape these cases. First, a violated safety law can create a presumption of lack of due care. The other side can try to rebut it (Evid. Code § 669).

A share of fault given to the person who died lowers the award. It does not automatically bar recovery.

Dog bite claims follow a different path. An owner is liable for a bite in a public place or lawfully on private property. Past behavior of the dog doesn’t have to be shown (Civ. Code § 3342).

Police reports, medical records, witness statements, and photos are the proof that carries each element.

What Damages Can a Family Recover in a Wrongful Death Case?

Families can seek economic losses and non-economic losses. Under California Civil Code § 1431.2, for purposes of that section, “economic damages” means objectively verifiable monetary losses, including medical expenses, loss of earnings, and burial costs (Civ. Code § 1431.2). These include medical expenses, lost earnings, and burial costs (Civ. Code § 1431.2).

Non-economic losses are subjective. They include, but are not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation (Civ. Code § 1431.2).

The court can award damages that are just under all the circumstances. These cannot include the survival damages covered by another statute (Code Civ. Proc. § 377.61).

Survival damages are generally limited to losses the decedent had before death. They generally exclude pain, suffering, and disfigurement, though subdivision (b) allows them where the action was granted a preference before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026 (Code Civ. Proc. § 377.34).

If more than one party is at fault, each pays its own share of non-economic damages. That share follows its percentage of fault (Civ. Code § 1431.2).

Cal. Civ. Code § 3294 reads: “(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice.”

How Does a Wrongful Death Case Move Forward?

Most cases move through investigation, a claim to insurers, negotiation, and, if needed, a lawsuit. Here is the usual order:

1. Consultation: The family shares the facts, the losses, and the documents.
2. Investigation: Crash reports, vehicle data, video, and witness details are gathered early.
3. Claim presentation: The claim goes to the responsible parties and their insurers.
4. Negotiation: Many cases settle. Payments usually come from liability insurance.
5. Lawsuit if needed: If a fair resolution isn’t reached, the case is filed in court. It then moves through discovery, motions, and possibly trial.

A lawsuit begins with a complaint. California’s court guidance explains the process (California Courts Self Help Guide).

The timeline varies. Liability disputes, the number of parties, insurer responses, and court schedules all matter. No single length fits every case.

Why Do Deadlines and Evidence Matter?

Under Code Civ. Proc. § 335.1, an action for death caused by the wrongful act or neglect of another is brought within two years, but exceptions such as tolling can change that period, and claims against public entities may require a written claim within a shorter period, such as six months under Gov. Code § 911.2. Early review protects the family’s options.

Evidence fades quickly. Vehicle event data, skid marks, and surveillance video can be overwritten. Hazards can be repaired. Witnesses’ memories change.

Some common mistakes hurt families:

• Posting about the crash or the claim on social media.
• Giving recorded statements to an insurer before speaking with counsel.
• Throwing away bills, pay stubs, or household records.

Keep every record. Send insurer calls to the attorney handling the claim.

Documenting family losses helps. Pay records, tax returns, and records of the decedent’s care and household duties show the full scope of the losses.

Why Families Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. Donald Norman Colvin is the responsible attorney for this page.

The firm handles wrongful death matters along with car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and catastrophic injury cases. It represents families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Our team works with families on intake and the records a claim needs. The attorney directs the legal strategy.

Each case is reviewed on its own facts. Results depend on those facts and the law that applies.

Common Questions About Winning a Wrongful Death Lawsuit

How do you win a wrongful death lawsuit? The answer depends on the proof, the law, and the losses in each case. Here are the questions families ask most.