Bakersfield Wrongful Death Lawyers

Have You Lost a Loved One in a Wrongful Death Accident?

The city of Bakersfield is no stranger to workplace accidents that lead to death. Way back in 2005, a fatal refinery accident at Kern Oil & Refining Co. in Bakersfield occurred when workers used pressurized steam to clear a clogged pump, triggering an explosion. The blast released hot oil and flames, severely burning three employees—one of whom later died from third-degree burns covering half his body.

Moving forward to more recent years—in August 2024, someone was crushed to death by a mobile wagon and stationary equipment in an almond orchard around western Kern County. A month before, a car wash employee passed away after being electrocuted while on duty. Come September, and another employee of The Wonderful Company (who have orchards in Bakersfield) died after a crash between a truck and a vehicle on Highway 33.

There was also an instance around July 2024, wherein a man was crushed to death by a pipe on Pegasus Drive.

Bakersfield Wrongful Death

It’s truly unfortunate to deal with a loved one’s death, especially those that passed away due to someone else’s carelessness. But you don’t have to face this alone. Here at Thompson Law, our Bakersfield wrongful death lawyers are more than willing to help you.

Contact us today for a FREE CASE REVIEW.

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What Can I Get as Compensation in a Bakersfield Wrongful Death Lawsuit?

In a wrongful death case, damages may refer to financial compensation for the losses suffered by the deceased’s family.

Bakersfield law, which follows that of California’s, allows surviving family members to seek both economic and non-economic damages.

Economic damages cover medical bills for treatment before death, funeral and burial costs, lost income the deceased would have provided, and services they contributed to the household. This includes childcare or home maintenance.

Non-economic damages include: (1) pain and suffering the deceased experienced; (2) emotional distress for surviving family members; (3) loss of companionship; and (4) loss of parental guidance for children.

The damages available depend on the circumstances of each case.

Our Bakersfield wrongful death lawyers will make you understand your rights and fight for the compensation your family deserves.

Contact us today for a FREE CASE REVIEW to discuss your claim.

Our Tested & Proven Results in Wrongful Death Cases

In 2021, we were one of the top 100 wrongful death settlements in the U.S. and got 15 of the top 50 injury settlements in Texas.

Here are some of the impressive net amounts our clients have received in wrongful death cases:

  • $11,991,670 – Truck accident
  • $8,540,000 – Vehicle crashworthiness defect
  • $7,694,750 – Industrial accident
  • $9,512,498 – Fire caused by defective chair
  • $5,704,363 – Vehicle transmission defect
  • $3,963,371 – Plant explosion
  • $4,021,912 – Cement wall collapse
  • $4,527,944 – Water heater defect
  • $3,143,193 – Airplane crash
  • $3,516,463 – Commercial vehicle accident
  • $4,790,686 – Tire failure
  • $2,090,070 – Oil field accident
  • $5,154,600 – Defective lamp resulting in smoke inhalation
  • $2,873,498 – Automotive accident
  • $8,010,186 – Fuel system failure
  • $3,833,236 – Construction accident
  • $2,723,284 – Premises liability accident
  • $3,020,676 – Natural gas leak

Past results do not guarantee future outcomes. We know that every case poses different challenges. However, our experience and dedication to fighting for justice remain the same in every case we take on.

If you have lost a loved one due to negligence, contact our Bakersfield wrongful death attorneys for a FREE CONSULTATION today. Let us review your case and help you seek the compensation you deserve.

Are Wrongful Death Settlements Taxable in Bakersfield?

The IRS does not tax compensation for medical bills, funeral expenses, or pain and suffering.

However, some portions of a settlement may be taxed, including:

  • Punitive damages:  This is if the court awards extra compensation to punish the responsible party, that amount is taxable.
  • Interest on a settlement:  A portion may be taxed if the settlement takes a little while.

To fully understand how taxes may apply to your case, consult a Bakersfield wrongful death lawyer or a tax professional. We can guide you through the legal and financial details to help protect your settlement.

Call Our Bakersfield Wrongful Death Lawyers for a Free Case Review

Losing a loved one is overwhelming, and dealing with legal matters shouldn’t add to your stress. Our Bakersfield wrongful death lawyers are here to help, and you won’t pay anything unless we win your case. Our fees come from the compensation we recover for you—never out of pocket.

Our team is available 24/7. We also speak both English and Spanish, ensuring clear communication and support throughout the process. We take care of everything—including all the filing of paperwork and negotiating settlements, so you can focus on your family.

Let us help you seek justice. Call today for a FREE CONSULTATION.

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(844) 308-8180

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s Bakersfield personal injury lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

How Long Do You Have to File a Wrongful Death Claim in Bakersfield?

In Bakersfield, you have two years from the date of your loved one’s death to file a wrongful death lawsuit.

Some exceptions can shorten or extend this timeframe:

  • If the claim involves a city, county, or public agency, you must file within six months.
  • If the cause of death was unknown at the time, the deadline may start from when you learned (or should have learned) the cause.

To avoid missing important deadlines, speak with a Bakersfield wrongful death attorney as soon as possible. Call us today for a FREE CASE REVIEW, and let us help you take the next steps toward justice.

Who Can File a Wrongful Death Claim in Bakersfield?

Not everyone can file a wrongful death claim in Bakersfield. Those who can file include:

  • Surviving spouse
  • Parents of the deceased
  • Legally adopted children
  • Children (minor or adult)
  • Adoptive parents
  • Executor or administrator of the estate

The settlement is typically divided based on their relationship to the deceased. This is done if multiple members have filed a case.

However, spouses and children often receive priority over extended family members.

Sometimes, though, there are unique situations (such as estrangement or disputes over legal status) that can affect how compensation is distributed.

If you believe you are eligible to file a wrongful death lawsuit, contact our Bakersfield wrongful death attorneys today for a FREE CONSULT.

 

What You Need to File a Wrongful Death Lawsuit in Bakersfield

Here’s what you technically need to file a lawsuit for wrongful death:

  • Negligence or wrongful act:  When the death was probably caused by another person’s carelessness, or intentional misconduct was done.
  • Impact on surviving family members:  Those filing the claim must show they have suffered financial or emotional losses due to their loved one’s death.
  • Legal eligibility:  The claim must be filed by a surviving spouse, child, domestic partner, or, in some cases, other dependents or heirs.

If you have lost a loved one, speak with a Bakersfield wrongful death attorney. Contact us now for a FREE CASE REVIEW.

Wrongful Death Settlements in Bakersfield

Wrongful death settlements in Bakersfield can vary widely. But at the end of the day, it still depends on the case.

Here are some factors that affect the final settlement:

  • Medical costs before death:  Medical fees related to the fatal injury or illness.
  • Income and career stage:  The higher the income, the higher the settlements tend to be.
  • Recklessness of the defendant:  This may include punitive damages to hold the defendant accountable.
  • Insurance coverage:  If the at-fault party has minimal insurance, payouts may be limited. However, claims involving commercial vehicles or corporations often lead to larger settlements due to higher policy limits.
  • Number of dependents:  If the deceased supported multiple family members.
  • Cause of death and suffering:  If the victim experienced prolonged pain before passing, the settlement may include compensation for their suffering. Quick deaths often lead to smaller settlements.
  • Victim’s age and health:  Younger victims may result in higher settlements (Because of potential earnings and life expectancy). However, claims for very young children may be different, as they have not yet established an earning potential.

While no amount of money can replace a loved one, financial compensation can help ease the burden and hold the responsible party accountable. If you lost someone due to another’s negligence, contact our Bakersfield wrongful death lawyers for a FREE CONSULTATION today.

At Thompson Law

We provide injury accident victims with dedicated and tenacious legal representation, ensuring you get fair value for your claim. Our Bakersfield personal injury lawyers will build a strong case with supporting evidence for injured victims so that you recover the money that you deserve.

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What You Need to Know About Survival Actions in Bakersfield

A survival action allows the estate of a deceased person to pursue damages the person could have claimed—if they had survived.

As opposed to wrongful death claims, survival actions focus on the damages the deceased suffered before passing.

These claims can seek compensation for:

  • Medical expenses from treatment before death.
  • Lost wages if the deceased was unable to work after the accident.
  • Property damage related to the incident.
  • Pain and suffering, if the person lived for any period before passing (with some legal limitations in Bakersfield).

Any compensation recovered is distributed according to the deceased’s will or, if no will exists, California’s intestacy laws.

Survival actions must be filed within the same statute of limitations as the original injury claim, typically two years from the date of the incident.

If you believe a survival action applies to your case, contact our Bakersfield wrongful death attorneys for a FREE CONSULTATION to discuss your legal options.

Dangerous Intersections in Bakersfield

Certain intersections in Bakersfield are very prone-accident. Here’s a rundown of the most dangerous areas:

  • Ming Avenue & New Stine Road
  • H Street & Wilson Road
  • Gosford Road & Ming Avenue
  • Baker Street & Niles Street
  • Brundage Lane & P Street
  • Real Road & Wilson Road
  • H Street & Planz Road
  • 34th Street & Q Street
  • 4th Street & Union Avenue
  • H Street & Ming Avenue

Hospitals to Get Help From in Bakersfield

Medical care is crucial. Bakersfield has several major hospitals and trauma centers that treat accident victims, including:

Bakersfield Police Departments

Police reports can also provide critical evidence for your case. Here’s where you can get help:

If you need a copy of a police report or assistance dealing with law enforcement after a wrongful death, our attorneys can help gather evidence and handle the legal process while you focus on healing.

For a FREE CASE REVIEW, contact our Bakersfield wrongful death lawyers today.

What to Do After a Wrongful Death in Bakersfield

Losing a loved one unexpectedly is devastating. Here’s what you can do:

  • Get emotional support to help you process your grief.
  • Gather important documents, including the death certificate and medical records, to confirm the cause and circumstances.
  • Report the incident to the appropriate authorities if the death involved suspicious or unlawful circumstances.
  • Collect evidence (witness statements, photos, or videos) that may help support a legal claim.
  • Be cautious with insurance companies, as they may offer low settlements that do not fully account for your loss.
  • Consult a wrongful death attorney before making any legal decisions to understand your rights and options.

Contact us today for a FREE CONSULTATION to discuss your case.

How to Prove Fault in a Wrongful Death Case in Bakersfield

To build a strong case, your evidence must, as much as possible, include:

  • Police reports.
  • Photos or videos from the scene.
  • Medical records.
  • Witness accounts.

For a wrongful death claim to be successful, your legal team must show that:

  • The responsible party had a duty of care to your loved one.
  • Their actions directly caused the fatal incident.
  • They acted carelessly or recklessly, violating that duty.
  • The loss resulted in emotional and financial hardship for surviving family members.

At Thompson Law, we handle the legal work so you can focus on healing. Contact us today for a FREE CONSULTATION to see how we can help.

Frequent Causes of Wrongful Death in Bakersfield

Some of the most common causes of wrongful death include:

  • Car, truck, and pedestrian accidents:  Crashes on roads, highways, and intersections frequently lead to fatalities.
  • Workplace incidents:  Jobs in construction, factories, and industrial sites carry a higher risk of fatal accidents.
  • Unsafe properties:  Poorly maintained properties can lead to deadly accidents, such as slip and falls, drowning, or fire-related incidents.
  • Medical malpractice:  When a doctor, nurse, or hospital fails to provide proper care, fatal mistakes like misdiagnosis, surgical errors, or medication overdoses can occur.

If you have lost a loved one due to negligence, our Bakersfield wrongful death lawyers can help you explore your legal options. Contact us now for a FREE CASE REVIEW.

Wrongful Death in Bakersfield FAQs

Can More Than One Family Member File a Wrongful Death Claim?

No. All eligible family members must join together in a single wrongful death claim, according to Bakersfield law. Once a settlement is reached, the compensation is divided among the claimants based on their relationship to the deceased and the impact of their loss.

What Happens If the Deceased Was Partially at Fault?

Well, the family may still recover compensation. Bakersfield follows California’s comparative negligence laws. This means the total settlement is reduced by the percentage of fault assigned to the deceased.

For example, if the deceased was found 20% at fault, the compensation would be reduced by 20%.

Can I File a Wrongful Death Claim If the Deceased Had No Income?

Yes, wrongful death claims are not just based on income. Families can seek compensation for non-economic damages such as loss of companionship, guidance, and emotional support. The claim may also cover funeral expenses and medical bills related to the incident.

What Compensation Can Be Recovered in a Bakersfield Wrongful Death Case?

Wrongful death settlements can include both economic and non-economic damages:

  • Economic damages:  Medical bills, funeral costs, lost wages, and household services the deceased provided.
  • Non-economic damages:  Pain and suffering, loss of companionship, emotional distress, and loss of parental guidance.
  • Punitive damages:  Awarded in cases of extreme negligence or intentional wrongdoing.

What If the At-Fault Party Has No Insurance?

If the responsible party does not have insurance, you may still have options. Compensation could come from personal assets, third-party liability, or the deceased’s own insurance policy, such as uninsured motorist coverage. Our Bakersfield wrongful death attorneys can review your case and help identify possible sources of compensation.

 

Thompson Law Guarantee

Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.

State law limits the time you have to file a claim after an injury accident, so call today.