Bakersfield Wrongful Death Attorneys

Yes. While the time limit rarely extends, some claims have shorter statutes of limitation. For example, you must file a claim against a public entity within six months.

In some cases, plaintiffs must file survival actions within six months of the death, while in others, they must file within a year or two of the cause of action (the accident or incident causing the injuries that resulted in death). An experienced attorney from The May Firm can advise you of the statute of limitations in your case.

Yes. You can file a wrongful death claim to seek non-economic damages for your emotional losses, such as the loss of the child’s companionship and affection. If you can establish that your child was already financially contributing to the household—such as a teen who works part-time after school to help pay the bills—you can seek compensation for the loss of their financial contribution, as well.

Likewise, if your child performed household services such as mowing the lawn or cleaning and you must now hire someone else to perform those services for you, you can seek compensation for the cost of those services.

California law requires that all affected parties in a wrongful death action file a single claim. However, if one of the beneficiaries does not wish to be part of the action, they can choose to not participate. However, they must acknowledge to other family members that they understand that by doing so, they are waiving their right to receive compensation through the action.

If the case settles, the family members named in the action generally decide how to divide it, though the judge or an arbitrator or mediator can assist in this process.

If the case goes to court, typically the judge will award the lump sum to the family, and then later divides it up according to:

• The financial needs of each claimant
• The future losses that each claimant will likely incur
• Unreimbursed expenses that each claimant has directly incurred
• The emotional pain and suffering incurred by each claimant.

Not only is it possible to settle a wrongful death claim out of court, but this is actually how the majority of these claims resolve. A trial is expensive for both parties and the defendant’s insurance provider generally has some motivation to avoid these costs, particularly in cases with clear liability when they know they must pay compensation.

The settlement allows the defense to control the amount paid for the claim through the settlement negotiation process while providing a resolution that will often allow the claimant to receive their compensation faster than they would if the case went to trial.

Wrongful death claims have a lot of unique features. How did the accident occur? Was the decedent killed instantly, or did they live for a time before succumbing to their injuries? How much money were they earning at the time of the accident? Were they married? Do they have children in the home?

All of these factors influence the amount of compensation available. However, this isn’t the only unique aspect of a wrongful death claim.

The settlement itself is also unique, representing the willingness of the claimant and the defendant’s attorneys and insurance adjuster to negotiate an agreement that both sides can accept. However, often two factors influence the amount of the settlement more than others.

These factors include:

• How much insurance the at-fault party has. People are often surprised at how important insurance is to your ability to obtain compensation for your injuries. Insurance policies pay most compensation in wrongful death claims. While you may sue an uninsured person and even obtain a judgment in your favor, most uninsured parties do not have the money to pay the claim out-of-pocket.
• Your patience in waiting for a settlement. Settlement offers are not necessarily difficult to obtain if liability is clear. Unfortunately, obtaining a fair settlement offer is usually a different story. Insurance companies are in the business to make money, and one of the main ways they do this is by reducing or eliminating high payouts on claims. The settlement negotiation process typically begins when your attorney sends the at-fault party’s insurance adjuster a demand package complete with details of the case and a demand for the claim’s value. However, this process can last until the court’s verdict. Often, the most reasonable settlement offers do not come until just before the case goes to trial.

Usually, family members who have lost a loved one in a workplace accident recover compensation through California’s worker’s compensation program, which is a form of no-fault insurance policy that most employers in the state are required to provide for their employees.

This insurance policy provides up to $10,000 in burial expenses and compensation for dependents based on a percentage of the income the deceased earned. There are, however, exceptions to this rule where a wrongful death claim in civil court would apply.

These exceptions include:

• Fatal workplace accidents where the employer needed to provide worker’s compensation insurance and did not. In these cases, the family member can seek compensation from the employer through the civil court system. Additionally, the employer can face criminal charges for failing to provide the insurance as required.
• Fatal workplace accidents were caused by the carelessness or recklessness of a third party who was not the deceased’s employer or coworker. An example of a third-party workplace accident could include a transportation accident involving a delivery driver that another driver caused. Another example is a construction accident in which an accident caused by the actions of one subcontractor crew resulted in the death of an employee from another company.

In certain circumstances, yes. Property owners or possessors are not only required to protect their guests from becoming injured by hazardous features such as loose floorboards, defective elevators, and cracked sidewalks. They also must protect their guests from injuries by criminal activity that they know or have reason to know is occurring in the area.

Failure to do so is called negligent security, and it is a type of premises liability claim that may apply to:

• Fraternity hazing incidents in which a death occurred, if the college knew or had reason to know that hazing occurred and it could injure or kill a student.
• Attacks occurring in dark or infrequently traveled areas of the campus where staff failed to provide security checks, surveillance cameras, lighting, and other measures that would protect students from harm.
• The murder of a student by a staff member. Employers are often vicariously liable for the acts of their employees during working hours and must properly vet staff members through criminal background checks and properly license and train them to handle their responsibilities.

Accordion ConteFor the most part, the compensation received through a Bakersfield wrongful death settlement or the Internal Revenue Service (IRS) does not consider the award income, because it compensates for physical injuries. Because it isn’t income, it is not subject to tax.

However, the IRS makes an exception for punitive damages. These damages are not available in most wrongful death claims. However, they are available in survival actions that often accompany wrongful death claims. Punitive damages can be subject to tax because they are awarded as a financial consequence of the defendant’s actions, not as direct compensation for physical injuries that resulted in death.

If you deduct medical expenses involved in the treatment of your loved one’s final injury on your taxes and then subsequently obtain compensation for those expenses through a wrongful death claim, you must return the deduction you took.nt

Accordion CoThe legal team at The May Firm understands that losing a loved one in an accident caused by someone else is among the most devastating occurrences a family can encounter, not only from an emotional standpoint but a financial one.

It is hard to think about paying for an attorney when you face the expenses associated with the loss, which can even include the loss of the primary provider in your household. However, hiring an attorney to assist you with your claim is one of the most important things you can do to ensure that you can seek the maximum level of compensation available for you and your family.

Our Bakersfield wrongful death lawyers can:

• Answer your legal questions and guidance about the wrongful death claim process through a no-cost, no-obligation case evaluation.
• Determine all sources of liability and the insurance resources each one has that can provide your compensation.
• Establish a value to your claim based on the expenses and impacts the deceased’s family members have encountered because of the loss.
• Negotiate with the at-fault party’s insurance provider.
• Guide you on the pros and cons of accepting an offered settlement for your Bakersfield wrongful death claim.
• File your claim in court within the statutory timeline for filing wrongful death claims.
• Represent you at all pre-trial conferences and hearings.
• Litigate your claim.
• Collect your award or settlement.

Our legal team can begin work on your case without requiring an upfront investment from you, thanks to our contingent-fee billing method that allows you to withhold payment for our services until there has been a successful outcome to your claim. To learn more about the process and obtain answers to your questions about your case, contact The May Firm online or by calling (661) 244-9712.ntent

Generally, under California law, wrongful death claims result from negligence, which is careless or reckless behavior that violates the duty that individuals or entities have to use caution to avoid harming others or their property.

However, intentional acts such as assault or domestic abuse can also give rise to a wrongful death claim.