Bakersfield Wrongful Death Claims: How Hard Are They to Pursue?

How Hard Is It to Win a Wrongful Death Lawsuit?

Each part needs solid evidence, and the other side usually challenges at least one of them.

No lawyer can know how a case will end. The outcome depends on the facts and evidence in each case. “Winning” can mean a settlement, a court verdict, or another resolution that compensates the family.

The difficulty comes mostly from proof and procedure, not from doubt about the loss. A family’s grief is real. The legal work is showing how the death happened and what it cost. Defendants and their insurers review these claims carefully from the start, so families should expect a detailed process.

What You Must Prove in a Wrongful Death Case

Each one needs evidence.

• Duty. The defendant owed the person who died a legal duty. Under California Civil Code § 1714, everyone is responsible for injury caused by a want of ordinary care, except so far as the injured person has, willfully or by want of ordinary care, brought the injury upon himself or herself.
• Speeding is a common example. Vehicle Code § 22350 bars driving faster than is reasonable or prudent for the conditions. A traffic violation can also create a presumption of failed due care, but only if the violation proximately caused the death or injury, the harm was the kind the rule was designed to prevent, and the person harmed was in the class the rule protects. The other side can try to rebut it.
• Causation. The breach must have caused the death. This often takes medical findings, accident reconstruction, and records that link the conduct to the fatal injury.
• Examples include lost financial support, funeral costs, and loss of companionship.

A gap in any one element can stall or defeat the claim. That’s why families should keep photos, reports, and bills from day one.

Who Can Bring the Claim and What Can Be Recovered

The decedent’s surviving spouse, domestic partner, children, and issue of deceased children can bring the claim, and if there is no surviving issue, the persons entitled to the decedent’s property by intestate succession can bring it too. Code of Civil Procedure § 377.60 also allows some dependent relatives and certain minors who lived in the home to sue. Eligibility depends on the family relationship and the level of dependence.

A survival action pursues the losses the decedent had before death. Code of Civil Procedure § 377.34 generally excludes pain and suffering from survival damages, though an exception covers actions filed on or after January 1, 2022, and before January 1, 2026, or actions granted a preference under Section 36 before January 1, 2022. Under § 377.61, the court decides how an award is shared among the people entitled to it.

Damages fall into two groups. Economic losses are objectively verifiable money losses, such as medical expenses, lost earnings, and burial costs. Non-economic losses are subjective, such as emotional distress and loss of society and companionship. Which damages apply depends on the facts of the death.

Defenses and Obstacles That Make These Cases Harder

The main hurdles are shared-fault arguments, disputes over cause, limited insurance, and lost evidence.

• Several liability. For non-economic damages, each defendant pays only its own share of fault. Civil Code § 1431.2 sets this rule, so multiple defendants can each owe a different amount.
• Causation disputes. The defense may blame a different cause or a prior health condition.
• Insurance limits. Available coverage can affect how a claim gets resolved.
• Lost evidence. Vehicle data, video, and witness memories can disappear. Early requests to preserve them matter.
• Early insurer contact. Insurers may reach out soon after a death. Statements given without advice can be used later.

How a Wrongful Death Case Works: Steps and Timeline

A typical case moves from review to evidence, damages, negotiation, and, if needed, a lawsuit.

1. Initial review. The team reads the police report, medical records, and the facts of the death.
2. Evidence preservation. Letters ask that vehicle data, video, and property conditions be kept intact.
3. Damages documentation. The team gathers medical and funeral bills, earnings records, and family impact information.
4. Liability analysis. The team identifies responsible parties and any insurance coverage.
5. Demand and negotiation. Many claims resolve at this stage.
6. Lawsuit, if needed. Filing leads to discovery, depositions, motions, and possibly mediation or trial.

How long a case takes depends on how contested liability and damages are. Deadlines matter. Under Code of Civil Procedure § 335.1, an action for the death of an individual caused by another’s wrongful act generally must be brought within two years. Claims against a public entity have a shorter clock. Under Government Code § 911.2, a death claim must be presented within six months after it accrues.

Why Families Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. The firm handles wrongful death, car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, and catastrophic injury cases. Donald Norman Colvin is the responsible lawyer for this page. The firm’s support staff help families with records, communication, and scheduling. The firm serves families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

The firm’s approach is practical. Families who want to talk through a wrongful death matter can request a free, confidential first consultation with Colvin Accident Lawyers, with no obligation to continue.

Our first consultation is free, confidential, and carries no obligation to continue.

Frequently Asked Questions About Winning a Wrongful Death Lawsuit

Talk With Colvin Accident Lawyers About Your Family’s Case

Knowing how hard it is to win a wrongful death lawsuit helps you act early. If your family is weighing a claim after a fatal crash, fall, or bite, contact Colvin Accident Lawyers now to talk through what comes next while the evidence and deadlines are still in view.