Top Rated Bakersfield Wrongful Death Attorneys
Bakersfield Wrongful Death Lawyer
Find out why we are one of the best wrongful death law firms in Bakersfield, CA
Bakersfield Wrongful Death Attorney
Losing a loved one is one of the toughest things one can go through. It is normal to feel anger and sadness while you grieve. If you have lost a loved one due to someone’s negligence, then you are entitled to take legal action, and our local Bakersfield wrongful death attorneys are here for you 24/7.
We understand your difficulties after losing a loved one, as we have fought wrongful death claims and personal injury for 30+ years. Goldberg & Loren is here for you, and we will fight for the justice and compensation you deserve.
Call (661) 669-8224 or visit our local office at 1701 Westwind Dr, Bakersfield, CA 93301 now to book a free consultation.
Goldberg & Loren Wrongful Death Lawyers
Fight for Maximum Compensation!
Attorney Samuel Pope of Goldberg & Loren stands out as a top wrongful death lawyer in California with his extensive experience and impressive track record of securing millions in compensation for victims in intricate cases, including wrongful death.
He is highly esteemed for his legal acumen, unwavering dedication, and compassionate guidance, supporting families through challenging times while fiercely advocating for justice and full compensation.
Pay Nothing, Unless We Win
Our Verdicts and Settlements
Settlement
A pedestrian was struck and killed by a commercial box truck that ran the red light. The driver was texting while driving and the company had knowingly allowed excessive hours.
February 2025
Settlement
A 35-year-old tenant died of carbon monoxide poisoning in his apartment after management repeatedly ignored complaints about a faulty furnace.
December 2025
Types of Wrongful Death Lawsuits in Bakersfield
Wrongful death claims arise from various types of accidents and injuries. In most cases, the primary reason behind a wrongful death claim is negligence or human error.
When this happens, you need a personal injury lawyer to help hold the responsible party accountable and fight for your right to compensation. Which means bringing a wrongful death lawsuit against them.
In 2022, around 1,715 fatalities occurred due to car crashes. [1]
The most common types of wrongful death lawsuits include the following:
- Airline accidents
- Boating accidents
- Catastrophic injury cases
- Dog bite/animal attack cases
- Drowning cases (boats, pools)
- Electrocution
- Motor vehicle accidents (car accident cases)
- Medical malpractice
- Premises liability
- Product liability claims
- Plant explosions
- Slip, trip, or fall cases
- Violent crimes
If your loved one or family member has passed away from any of the above or in ways not mentioned. We can help you fight for compensation.
Difference Between Wrongful Death Lawsuits and a Survival Action
Wrongful death claims and survival action both arise when someone dies due to another person’s negligence or wrongdoing. However, the key difference between the two types of actions is the person/personnel who files it, and the damage that it covers.
The key differences between the two types include the following:
Wrongful Death:
- Filer: Family or dependents
- Compensation Focus: Lost, support, and companionship
- Recoverable Damages: Loss of income, funeral costs, and emotional distress
- Recompense Receivers: Immediate surviving family
Survival Action:
- Filer: Estate, city, or state government
- Compensation Focus: Pain, suffering, and costs before death
- Recoverable Damages: Medical bills, lost wages, and pre-death suffering
- Recompense Receivers: Deceased’s estate
While these cases are brought up due to a similar cause, the process and outcome can be vastly different. If you have a wrongful death claim, then we are here to help you. Goldberg & Loren has fought these types of claims for over three decades with care and compassion, and we will fight for you too.
What Are The Common Causes of Wrongful Deaths in Bakersfield?
Wrongful death claims usually arise from various causes. As mentioned before, various accidents can lead to wrongful death claims, but causes can help determine the fault. For instance, medical malpractice is the cause, but botched surgery is the accident that can lead to someone’s death.
The most common causes of wrongful death include the following:
Defective Products: Various types of defective products can prove to be fatal, be it due to design flaws, manufacturing defects, etc. In such cases, the products usually at the center include car parts, medical equipment, safety equipment, etc.
Hazards on Properties: Safety hazards on private or public properties can be a common cause of wrongful deaths. This includes slip and fall incidents, which can be caused by missing railings, lack of maintenance, poor lighting, or even subpar security.
Medical Malpractice: This is one of the most common reasons behind wrongful death claims caused by medical negligence. These cases usually arise due to misdiagnosis, surgical errors, medication mistakes, or improper care.
Motor Vehicle Incidents: This is a common cause of death in Bakersfield, as motor vehicle accidents can prove to be fatal. These accidents are usually a product of human error, mainly the negligence of the driver.
A study found that Bakersfield is the most dangerous city in California for pedestrians, with 3.99 fatalities per 100,000 people on average from 2017 to 2022. [2]
Pedestrian Accidents: When pedestrians collide with oncoming traffic, it can lead to severe injuries and fatalities. These accidents usually occur due to driver negligence, such as drunk, distracted, or reckless driving.
Workplace Incidents: Another usual reason behind wrongful deaths is safety hazards at work. In these cases, fatal falls, machinery accidents, or exposure to toxic substances are usually the cause of wrongful deaths.
Understanding the cause and incident that led to your loved one’s passing can help us determine key facts about your case. Let our Bakersfield wrongful death attorneys promptly examine your case, and we will thoroughly determine the case and establish the party responsible.
Who Can File a Wrongful Death Lawsuit in California?
In California, specific individuals are authorized to file a wrongful death lawsuit under California Code of Civil Procedure section 377.60.
These include:
- The decedent’s surviving spouse or domestic partner
- The decedent’s children
In the absence of a surviving spouse or child, other individuals eligible for the decedent’s property through intestate succession, such as parents or siblings, are permitted to file.
Additionally, individuals who depended financially on the deceased, including putative spouses, stepchildren, or parents, may qualify to file in specific situations.
The legal framework detailing eligible claimants and outlining the basis for a wrongful death action is found in California Code of Civil Procedure §377.60.
Compensation Available for Wrongful Death Claims in Bakersfield
Wrongful death claims aim to recover various types of losses. These are immediate losses caused by the loved one’s death and the accident that preceded it, such as the cost of medical bills, funeral costs, etc. Other than these, non-economic factors like mental distress can also be taken into account.
You may be entitled to the following compensation:
Economic Damages:
- Cost of funeral expenses and burial arrangements
- Lost financial support, such as earnings and benefits, due to the deceased’s passing
- Medical expenses prior to death, especially if injuries occurred
- Property damage, if applicable
Non-Economic Damages:
- Emotional distress
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
Punitive Damages:
While rare, punitive damages may be awarded if the judge or jury finds there was gross negligence on behalf of the defendant in a personal injury lawsuit. Wanton disregard for safety; or, malice on behalf of defendant.
While it may not make up for your losses, we understand the importance of fair recompense. We examine your case thoroughly and determine the compensation that you are owed. Then, our Bakersfield wrongful death attorneys fight hard to secure maximum compensation for you.
Table of Contents
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Bakersfield Wrongful Death Attorney
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Our Verdicts and Settlements
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Types of Wrongful Death Lawsuits in Bakersfield
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Difference Between Wrongful Death Lawsuits and a Survival Action
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What Are the Common Causes of Wrongful Deaths in Bakersfield?
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Who Can File a Wrongful Death Lawsuit in California?
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Compensation Available for Wrongful Death Claims in Bakersfield
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Who is Liable in Bakersfield Wrongful Death Cases?
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How is Negligence or Wrongdoing Proven in Wrongful Death Claims?
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What To Do If You Have A Wrongful Death Case?
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Statute of Limitations for Wrongful Death In California
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Get a FREE Consultation From Our Bakersfield Wrongful Death Attorneys
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Bakersfield Wrongful Death Resources
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FAQs
Who is Liable in Bakersfield Wrongful Death Cases?
The liability of a wrongful death can fall upon various parties. Usually, the person or side that causes the accident or creates a dangerous environment can be liable. This may include property owners, employers, drivers, government entities, etc.
Depending on the accident or cause, the liability of a wrongful death may fall upon the following parties:
Assailants: In cases of assaults and violence, the person responsible for the act will be liable. This is common in cases of road rage, fights breaking out, bar fights, etc.
Drivers: In car accident cases, the party responsible is the driver at fault. If they were reckless, drunk, distracted, or negligent in any other way, they would be liable to pay for the damages in a wrongful death claim.
Employers: Companies or entities that employ workers can be liable in workplace incident cases. This applies if the employer was negligent in terms of employee safety and hazard prevention.
Gun Owners: If a firearm accident leads to someone’s death, then the owner of the said firearm can be liable. This is common in accidental shootings or when children or minors get hold of weapons and cause an incident.
Manufacturers of Products: Manufacturers of products can be liable if they produce defective or dangerous products. This is common in defective medical products, car parts, gun incidents, etc.
Medical Professionals: In medical malpractice claims, the parties responsible for a wrongful death are usually the medical professionals. This applies to doctors, anesthesiologists, nurses, hospital staff, management, etc.
Property Owners: In slip and fall accidents, property owners are liable for any incident. This also applies if negligent security led to an accident that caused the death.
The cause or accident that led to the death of your loved one can help us determine the party liable. Our wrongful death lawyers thoroughly investigate your case and establish facts, such as determining who is responsible for your loved one’s passing.
How is Negligence or Wrongdoing Proven in Wrongful Death Claims?
Proving negligence or wrongdoing in a wrongful death claim requires evidence and proper documentation of the events. Key evidence in such cases usually includes police reports, medical records, history, and the medical examiner’s report.
Testimonies from medical experts, witnesses, and involved parties may also be necessary. Once our Bakersfield wrongful death attorneys have enough evidence, we demonstrate the negligence of the party liable.
This is how we do it:
Duty of Care: We establish the duty of care owed to the deceased by the party directly or indirectly responsible. Depending on the case, we will have to establish standards of care expected from the party responsible, such as drivers, doctors, employers, etc.
Breach of Duty: This will require us to demonstrate that a breach of duty occurred, which was the reason behind the accident. For example, in car accidents, we usually show that the driver was negligent, reckless, drunk, or distracted when the accident occurred, thus breaching their duty of care.
Causation: We will show that the injuries or complications suffered by the deceased before the death were a direct result of the liable party’s actions. This will help establish the connection between the death of the person and the actions of the liable party.
Damages: To claim compensation, we will show the damages that you suffered due to the accident and the subsequent death of your loved one. As mentioned before, this will include demonstrating the various economic and non-economic factors.
What To Do If You Have A Wrongful Death Case?
If you believe your loved one’s death was due to someone’s negligence, then you may have a legal claim. However, it can be challenging to keep it together in such difficult times, but you must do it for your loved one and the justice they deserve.
Here is what we suggest you should do:
- Report the Accident: Immediately after the accident or death, report it to the local authorities. Call the police, or report it to the DMV (in car accident cases). This will prompt a police report of the accident and investigation, which will help with the legal process.
- Gather & Preserve Evidence: Find any key evidence related to the death of your loved one. This includes any photos or videos of the accident scene, witness statements, the medical examiner’s report, police reports, and medical records.
- Document the Case: Begin documenting the case from the day of the incident. Write down details of events in chronological order, and document the impact of the person’s death on your life, or the lives of others around you. Also document financial losses like medical bills, funeral arrangements, etc.
- Notify Insurer: If your loved one was insured, call and notify the insurance provider regarding the accident and death. Do not speak to the insurance adjusters or their agents without having legal representation.
- Consult Our Wrongful Death Lawyers: Consult our experienced Bakersfield wrongful death lawyers as soon as you can. We will help you through the case, handle insurance, and negotiations for you.
Statute of Limitations for Wrongful Death In California
The Statute of Limitations give you a specific time to begin your legal action. For wrongful death claims in California, the general timeline to file a claim is two years. Meaning you will have two years from the day of your loved one’s passing or the accident to file a wrongful death claim. CCP 377.60
Get a FREE Consultation From Our Bakersfield Wrongful Death Attorneys
Losing a loved one is one of the toughest things you can go through. This loss takes a toll on many aspects of your life, but you are not alone in this. Our Bakersfield wrongful death lawyers are here to support you through this difficult time.
Here is what we will do for you:
- Assess your case and guide you through the legal matters
- Evidence review and investigation to build your claim
- Handle communication with insurance and involved parties
- Negotiate or litigate to seek justice and compensation
- Pursue maximum compensation for you throughout the claim
- Provide compassionate counsel and support
- Take no pay until we win
We are open now and are here 24/7, 365 days a year. Ready to take the next steps? We are available for in-person or online appointments. Call (661) 669-8224 now and book a free wrongful death consultation with our Bakersfield wrongful death attorneys.
Goldberg & Loren
1701 Westwind Dr, Bakersfield, CA 93301
(661) 669-8224
Bakersfield Wrongful Death Resources
Local Grief Counsellors:
Address: 5555 Business Park S, Bakersfield, CA 93309
Phone: (661) 599-5593
Address: 5000 California Ave # 207, Bakersfield, CA 93309
Phone: (661) 872-7300
*Note: We do not endorse these mental health services. These are suggestions by our Bakersfield clientele.
Frequently Asked Questions (FAQs)
Start by gathering all the documents and evidence related to the death. This includes medical history, records, the medical examiner’s report, and any accident reports as well. Then, promptly speak to a wrongful death lawyer to take legal action.
Start by collecting any evidence related to the accident or malpractice that led to the death. This includes accident reports, witness statements, and any photos or videos of the incident. Also, document the impact of the person’s death on your and your loved one’s lives.
During the discovery phase, the involved parties exchange evidence and interrogatories. During this, questions are asked to both parties under oath, which are taken during depositions. This process helps both sides gather key evidence to support their claims.
This can be difficult to predict, as each case is different. This factor usually relies on the complexity of the case and the willingness of the involved parties to negotiate. If the case is resolved with negotiations, it may take a year. If the case goes to trial, it can take considerably longer.
Prepare to present clear evidence that supports your claim. Be ready for questions and counterarguments. Follow your attorney’s advice, and do not speak to anyone on the internet or post about the case online.
Sources:
[1] California, S. O. (n.d.). OTS crash rankings Results | Office of Traffic Safety. https://www.ots.ca.gov/media-and-research/crash-rankings-results/
[2] Bakersfield’s the most dangerous California city for pedestrians. (2024). https://www.kget.com/news/pedestrian-safety/bakersfields-the-most-dangerous-california-city-for-pedestrian/
Have you recently lost a loved one due to wrongful death in Bakersfield? We understanding the immense pain you're feeling and we want to help guide you through the complexities of the legal system. Contact us now, we are available 24/7.
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