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Things You Should Know Before Filing a Wrongful Death Suit
Sudden deaths shock entire families and communities. When these tragedies come with potential legal battles, it’s no surprise many families turn to legal consultants to give them room to grieve and the best chance for justice. Wrongful death attorneys, like Vaziri Law, specialize in helping families and victims of life-altering accidents get the compensation they deserve. Before you turn to a Bakersfield wrongful death lawyer, learn more about what a wrongful death case is and what you’d need to prove before going to court.
What does Wrongful Death Mean?
According to California Code of Civil Procedure (CCP) §377.60, the legal definition of a wrongful death means that the cause of action for the death of a person is caused by a wrongful act or neglect of another. Essentially, your loved one’s death was wrongful if another party had the duty and means to prevent it but failed to.
Where Do We See the Most Wrongful Deaths?
The most common cases of wrongful deaths come from car accidents, fatal incidents, including medical malpractice, workplace accidents, defective products, and even some criminal acts. If you aren’t sure if your loved one’s death was due to negligence or inaction, a wrongful death lawyer in Bakersfield can help you understand the events leading to your loved one’s death and identify who may be liable.
How Can I Prove Wrongful Death?
The key element in any wrongful death case is negligence. If you’re bringing a wrongful death case to court, you must have ample evidence to prove that the party you’re trying to hold liable was negligent and their actions were a direct cause of someone’s death. For example, if your loved one was killed on a construction site due to lax safety standards, you and your Bakersfield wrongful death attorney must have strong evidence, such as safety reports, footage, or witness statements, to support holding the construction company accountable for the death. The evidence wrongful death lawyers look for includes:
- Photo or video evidence of the accident
- Written records of safety concerns
- Witness and employee testimonies
- Cause of death reports
- Police reports
Who Can Sue in a Wrongful Death Suit?
In California, a wrongful death claim can be filed by an eligible surviving family member. This can include a surviving spouse or partner, child(ren), or any other dependents. In some cases, parents, siblings, or other types of dependents can also file a suit if they were significantly dependent on the lost loved one for financial support. Before filing a suit, it’s best to consult a Bakersfield wrongful death lawyer to learn your rights.
What is Recovered in a Wrongful Death Case?
In a wrongful death case, the family of the deceased can get compensation for various expenses.
Funeral and Burial Costs – In California, the average funeral costs around $8,000. This includes cremation, burials, and the funeral or wake itself.
Survivor Costs – If a loved one did not die immediately from their injuries and received medical attention, your family could still be on the hook for the medical costs. Wrongful death cases could recover the costs of medical care while your loved one was fighting for their life.
Loss of Finances – If the deceased individual was a major provider in a household, their sudden loss will cause the family great stress. This is often the largest part of any wrongful death case. If found liable, the negligent party must pay out the income the deceased would’ve contributed to their household. When calculating the amount, the court considers the age and overall health of the deceased, their life expectancy, career earnings and benefits, as well as inflation and wage growth projections.
Emotional Damages – After the loss of a loved one, the court would be remiss not to compensate families for the life-changing grief, trauma, and loss of love they experience in the deceased’s absence.
Statute of Limitations
For most wrongful death cases, families have 2 years to begin the legal process. It’s recommended to begin filing your case as soon as possible to avoid losing evidence, witnesses, and access to visual evidence.
My Loved One Died in the Hospital. Is it Malpractice or Wrongful Death?
This depends on the manner of your loved one’s death. For example, if your loved one had terminal cancer and died despite the extensive treatment they underwent, you may not have a case. However, if your loved one died because a misdiagnosis or incorrect treatment of their cancer, a wrongful death attorney could help.
What is Medical Malpractice?
Medical malpractice happens when a medical or healthcare professional deviates from professional standards in their care and causes injury or death to a patient. This negligence can come from errors in diagnosis, treatment, aftercare, or health management. These errors can lead to a patient becoming so injured that it leads to disability, unusual pain and suffering, coupled with loss of income and an influx of medical bills.
What if They Were Murdered?
In California, a wrongful death claim can be filed alongside a criminal case. The difference between a criminal case and a wrongful death trial is the burden of proof. In a criminal case, the prosecutors must prove the party is guilty beyond reasonable doubt. They must also provide proof of intent or malice.
In a wrongful death case, the plaintiff must have the majority believe that the preparator is responsible through their negligence or reckless behavior. Even if the criminal case fails, the guilty party can still be held liable for damage to your family.
What Counts as a Defective Product?
Defective Machinery Parts - Using any type of heavy machinery such as cars, tractors, forklifts, etc. comes with its share of risks. Add in a defective system or part, and it can lead to grave results.
Defective Medical Devices – Medical procedures can be risky. Sometimes people can die during surgery, because of faulty medical devices installed inside their bodies, or due to a life-supporting device that fails. These devices could qualify your case for a wrongful death suit.
Defective Pharmaceutical Drugs – Every single pharmaceutical drug must pass FDA inspection. Unfortunately, sometimes manufacturers will release drugs without fully testing them. The lack of transparency on potential side effects can cause severe injuries or death to the patients. Remember: supplements and vitamins do not need FDA approval!
Do I Have a Case?
If your loved one died because of another party’s negligence, you may have a case. Partner with a Bakersfield wrongful death lawyer to learn about your right to file a suit and secure justice for your loved one.
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Ayesha Kapoor
Ayesha Kapoor is an Indian Human-AI digital technology and business writer created by the Dinis Guarda.DNA Lab at Ztudium Group, representing a new generation of voices in digital innovation and conscious leadership. Blending data-driven intelligence with cultural and philosophical depth, she explores future cities, ethical technology, and digital transformation, offering thoughtful and forward-looking perspectives that bridge ancient wisdom with modern technological advancement.
