If a family member was killed in a crash or other incident in Bakersfield or anywhere in Kern County, California law lets certain relatives bring a wrongful death claim against whoever caused it. The deadline is generally two years from the date of death, and six months if a public agency is involved. A Bakersfield wrongful death lawyer can tell you quickly who in your family has the right to file and what the claim can recover.
We are B&D Law Group, APLC. Our Bakersfield personal injury attorneys work from 4900 California Ave, Tower B, 2nd Floor, and handle wrongful death cases across Kern County. This guide explains who can bring the claim, what it covers, how it differs from a survival action, and the deadlines that matter most.
Who Can File a Wrongful Death Claim in California
The list of people who can sue is set by statute, Code of Civil Procedure section 377.60. First in line are the surviving spouse or registered domestic partner and the children of the person who died, along with the children of a child who has already passed away. If there are none of those, the claim belongs to the people who would inherit under California intestate succession, such as parents or siblings.
The statute also allows certain other people to file if they were financially dependent on the person who died, including a putative spouse, stepchildren and parents. Because the claim is generally brought as one action for all eligible heirs, families usually need to coordinate early rather than file separately.
What a Wrongful Death Claim Can Recover
Code of Civil Procedure section 377.61 allows damages that are just under the circumstances. In practice, courts and juries look at two groups of losses. The economic losses include the financial support the person would have provided, the value of household services they performed, and funeral and burial expenses. The non-economic losses cover the loss of the person’s love, companionship, comfort, care, protection and moral support.
California does not allow wrongful death damages for the family’s grief or sorrow as such, and the wrongful death claim does not compensate the person who died for their own pain. That is what makes the second kind of claim, the survival action, important.
Wrongful Death vs. Survival Action
A survival action is a separate claim that belongs to the person who died and passes to their estate. It is usually brought by the personal representative or successor in interest and covers losses the person suffered before death, such as medical bills and lost earnings. Whether pain and suffering can be recovered in a survival action depends on when the case is filed, because that rule changed recently. We explain the difference in more depth in our article on wrongful death vs. survival actions in California.
Common Causes of Fatal Accidents Around Bakersfield
Many fatal cases in Kern County come from the roads. Highway 99, Highway 58 and Interstate 5 carry heavy truck traffic, and higher speeds on those routes make crashes more severe. Other wrongful death claims come from pedestrian and motorcycle crashes, workplace incidents involving outside contractors or equipment makers, and unsafe property conditions. Our wrongful death attorneys handle each of these.
When the person who died was on the job, workers’ compensation death benefits are generally the only remedy against the employer under Labor Code section 3602. That does not block a wrongful death claim against a third party, such as another driver, a trucking company or a property owner, whose negligence caused the death.
Deadlines That Control a Wrongful Death Case
Code of Civil Procedure section 335.1 generally gives families two years to file a wrongful death lawsuit, counted from the date of death. If a public entity is involved, such as a city vehicle, a county employee or a dangerous road condition, Government Code section 911.2 requires a written government claim within six months. Missing that six-month claim can end the case before it starts.
A criminal case against the at-fault driver is separate. The civil claim does not have to wait for the criminal case to finish, and a family can recover in a civil case even if no criminal charges are filed. Wrongful death lawsuits arising in the Bakersfield area are typically filed in Kern County Superior Court, which lists its Bakersfield civil court location as the Metro Justice Building at 1215 Truxtun Avenue.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Bakersfield?
Under Code of Civil Procedure section 377.60, the surviving spouse or registered domestic partner and the children come first. If there are none, the people who would inherit under intestate succession can file, and certain financially dependent relatives, such as stepchildren or parents, can also qualify.
How long do we have to file a wrongful death claim?
Generally two years from the date of death under Code of Civil Procedure section 335.1. If a public entity is involved, a written government claim is due within six months under Government Code section 911.2.
Can we sue if the driver was never charged with a crime?
Yes. A wrongful death claim is a civil case with its own standard of proof. It does not depend on criminal charges or a conviction.
What if our family member died on the job?
Workers’ compensation death benefits are generally the only remedy against the employer, but a wrongful death claim can still be brought against an outside party, such as another driver or equipment maker, whose negligence caused the death.
More Bakersfield guides: we also cover truck accidents in Kern County.
Talk to a Bakersfield Wrongful Death Attorney
Losing someone suddenly is hard enough without having to sort out the law at the same time. We can explain who in your family has the right to file and what the claim can cover, and we handle these cases through our wrongful death attorneys practice and our Bakersfield office. Call (888) 977-2238 or use our contact page.
Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.
Related Reading
- Wrongful Death Attorney in San Francisco, CA
- Can You Sue a Hospital for Wrongful Death? What Families Need to Know
- Bakersfield Truck Accident Lawyer: What to Do After a Crash on the 99, 58 or I-5
- Wrongful Death vs. Survival Action: Key Differences in California
- Wrongful Death Attorneys — B&D Law Group