When you are injured in a car accident, you may be entitled to seek compensation for medical expenses, lost wages, and personal pain and suffering. But what are your rights when someone you love is killed in a car accident? If the car accident that took your loved one’s life was the result of someone else’s negligence, you may be entitled to seek compensation through a wrongful death lawsuit.
In the state of California, family members may be able to seek justice through legal action following car accidents. This most often includes spouses and children, parents, and siblings, but others may be entitled to take action as well. The best way to determine if you have cause to file suit is through a one-on-one consultation with California personal injury lawyer Mickey Fine.
If you have lost a loved one in a car accident in California, please contact the Law Offices of Mickey Fine online or call (661) 333-3333 today to schedule a free consultation with our Bakersfield wrongful death attorney.
Seeking Justice for Families
When you lose a loved one in a car accident, finances are probably not the most pressing issue on your mind. However, practical considerations do need to be made to ensure the future safety and comfort of your family.
Attorney Fine can investigate your loves one’s accident to establish liability, enabling him to seek damages such as:
- End of life and funeral expenses
- Projected future wages
- Projected future financial contributions
- Loss of insurance and retirement
And, while no compensation can take the place of a loved one’s life, Mr. Fine can also help you seek damages for loss of companionship and emotional duress. What damages can be sought in your case will be discussed in more detail during your initial consultation.
Please contact our experienced California personal injury lawyer today to schedule a free consultation and learn more about your rights. Attorney Fine maintains offices in Bakersfield to better serve families throughout California.
FAQs
What qualifies as a “fatal auto accident” under California law when filing a claim in Bakersfield?
Under California law, a “fatal auto accident” is one in which the negligence or wrongful act of another causes a person’s death in a vehicle crash. The resulting claim is typically a wrongful death action, filed by surviving family members on behalf of the deceased.
In Kern County (including Bakersfield), this means the funeral-related costs, loss of the deceased’s future income and companionship, and the emotional damage to survivors may be recoverable. A Bakersfield fatal auto accident lawyer will evaluate whether you have a surviving spouse, children, or other dependents eligible to bring the claim under California’s statute.
Who in Bakersfield is eligible to bring a wrongful death claim after a fatal auto accident?
In Kern County, for a fatal auto accident case, only certain close relatives or dependents are eligible to file. Under California Code of Civil Procedure § 377.60 and related statutes:
- The deceased’s spouse or domestic partner
- Children (including stepchildren)
- Parents of the deceased
- A minor who was dependent on the deceased at the time of death
These survivors can bring the wrongful death claim. Meanwhile, the deceased’s estate may bring a survival action for damages the decedent incurred before death (such as medical bills).
What deadlines apply for filing a wrongful death claim in Bakersfield after an auto accident?
In California (including Bakersfield/Kern County), the standard statute of limitations for wrongful death auto accident claims is two years from the date of death of the victim. If you miss this deadline, you generally lose the right to sue. If the entity at fault was a government agency (for example, a publicly-owned vehicle or municipality), there may be a shorter administrative claim period (often 6 months) before you can file a lawsuit.
If my loved one died in a vehicle accident and we suspect multiple parties are responsible (e.g., commercial truck + distracted driver), how does that work in Kern County?
When multiple parties contributed to a fatal auto accident in Bakersfield/Kern County—for example a commercial truck company, its driver, and a distracted private motorist—a well-versed Bakersfield fatal auto accident lawyer will assess:
- Who owed a duty of care (truck company, subcontractor, individual driver).
- Whether multiple defendants’ actions were “substantial factors” in causing the death, under California law.
- Apportionment of liability: California uses pure comparative fault for personal injury (and wrongful death) claims. Even if the deceased or another party had some fault, the survivors may still recover from other negligent parties, reduced by any percentage of fault assigned.
- Coordination of cases: A wrongful death claim might be filed against each responsible party—truck company’s insurer, motorist’s insurer, vehicle maintenance vendor, etc.