What a Wrongful Death Attorney in Bakersfield Does

A wrongful death attorney in Bakersfield represents the family members or estate of someone who died because of another person's or company's negligence, recklessness, or intentional act. They investigate the death, gather evidence, negotiate with insurance companies, and file lawsuits in Kern County Superior Court or federal court if the case involves interstate commerce or federal law.

In California, wrongful death claims are governed by state statute. The attorney must prove that the defendant owed a duty of care to the deceased, breached that duty, and that breach caused the death. They also calculate damages — which include funeral and medical expenses, lost wages the deceased would have earned, loss of companionship, and in some cases punitive damages meant to punish the defendant.

Bakersfield attorneys handle wrongful death cases arising from car accidents, workplace injuries, medical malpractice, defective products, nursing home neglect, and criminal acts. The attorney's job is to understand California's specific rules about who can sue (surviving spouse, children, parents, or the estate), what damages are recoverable, and how to value a life in economic terms.

Key Takeaways

  • A wrongful death attorney in Bakersfield must prove the defendant's negligence or intentional act caused the death and calculate damages under California law, which vary depending on the relationship of the survivor to the deceased.
  • Most wrongful death cases are handled on contingency, meaning you pay nothing upfront and the attorney takes a percentage of any settlement or judgment — typically 25 to 40 percent.
  • California has a two-year statute of limitations from the date of death to file a wrongful death lawsuit, with narrow exceptions that a local attorney can explain.
  • The right attorney for your case should have specific experience with the type of death (car accident, medical malpractice, workplace injury) and be willing to explain their track record and strategy in plain language.
  • You should interview multiple attorneys before deciding, ask about their experience with cases similar to yours, and understand what costs beyond the contingency fee you may owe.

How Contingency Fees Work in Wrongful Death Cases

Most wrongful death attorneys in Bakersfield work on contingency, which means they do not charge an upfront fee. Instead, they take a percentage of the money recovered — either through settlement or trial judgment. This percentage typically ranges from 25 to 40 percent, depending on the attorney and the complexity of the case.

Before you hire an attorney, ask them to explain their contingency fee in writing. The agreement should state the exact percentage, whether it applies to settlements and judgments equally, and what happens if the case is dismissed or you lose at trial. Some attorneys charge a lower percentage for early settlements and a higher percentage if the case goes to trial.

Beyond the contingency fee, you may owe case costs — expenses for filing fees, informed witnesses, medical records, investigators, and court reporters. Ask whether these costs are deducted from the recovery before or after the attorney's fee is calculated, and whether you owe them if you lose. Some attorneys advance these costs and deduct them from the final recovery; others require you to pay them as they arise.

Finding an Attorney with Relevant Experience

Wrongful death cases vary widely depending on how the death occurred. An attorney experienced in car accident wrongful death may not have the informed to handle a medical malpractice death, which requires understanding medical standards of care and informed testimony. Before you meet with an attorney, identify the category of your case and ask specifically about their experience in that area.

When you contact an attorney, ask: How many wrongful death cases have you handled in the last five years? How many were similar to mine? What was the outcome — settlement amount, trial verdict, or dismissal? Did you represent the plaintiff (the family) or the defendant (the insurance company)? An attorney who spent years defending insurance companies may approach your case differently than one who primarily represents families.

You can find Bakersfield wrongful death attorneys through the State Bar of California's lawyer referral service, through local bar associations, or through online directories that allow you to filter by practice area and location. Read reviews on independent sites, but remember that reviews are subjective and do not tell you whether the attorney won cases or how much they recovered.

Questions to Ask Before Hiring

Before you sign a contingency agreement, you should understand the attorney's strategy and have realistic expectations about your case. Here are the questions that matter most:

  • Who can sue under California law? The attorney should explain whether you (as the survivor) have standing to bring the claim, and whether the estate should be involved.
  • What is the statute of limitations? California gives you two years from the date of death to file. Ask whether any exceptions explore to your situation.
  • What damages can we recover? The attorney should walk you through economic damages (funeral costs, medical bills, lost wages) and non-economic damages (loss of companionship, grief), and explain why some may not explore to your case.
  • What is your estimate of the case value? Ask for a range, not a may provide. The attorney should explain what factors increase or decrease value — for example, whether the defendant's conduct was clearly negligent or disputed, and whether the deceased had dependents.
  • What is the timeline? Ask how long investigation typically takes, whether settlement negotiations happen before or after filing suit, and what happens if the case goes to trial.
  • Will you handle the case yourself, or will another attorney work on it? If another attorney will be involved, meet them too.

Red Flags When Evaluating an Attorney

Some warning signs suggest an attorney may not be the right fit. If an attorney guarantees a specific outcome or settlement amount, that is a red flag — no attorney can promise a result, and California law prohibits such guarantees. If they pressure you to sign an agreement when ready or discourage you from consulting other attorneys, that is also a sign to look elsewhere.

Be cautious if an attorney cannot clearly explain how contingency fees and case costs work, or if they seem unfamiliar with California wrongful death law. If they do not ask detailed questions about the circumstances of the death, the defendant's conduct, and your relationship to the deceased, they may not have thought through your case carefully.

An attorney who does not return calls or emails within a day or two, or who seems disorganized during your initial consultation, may struggle to manage your case. Wrongful death cases require sustained attention over months or years, and you need an attorney who communicates clearly and stays on top of important date.

Understanding California's Wrongful Death Statute

California Code of Civil Procedure Section 377.60 defines who can bring a wrongful death claim. Generally, the surviving spouse, children, and parents of the deceased can sue. If none of these relatives exist, the estate can sue on behalf of other heirs. The attorney should explain which category applies to you and whether you need to involve the estate or a probate court.

Damages in a California wrongful death case include reasonable funeral and burial expenses, medical expenses incurred before death, lost wages the deceased would have earned, and the loss of love, companionship, comfort, and society experienced by the survivors. Punitive damages — meant to punish the defendant rather than compensate the family — are available only if the defendant's conduct was malicious, oppressive, or fraudulent.

The two-year statute of limitations runs from the date of death. This important date is strict, and missing it means you lose the right to sue. However, there are narrow exceptions — for example, if the defendant concealed the cause of death or if the deceased was a minor. An attorney can tell you whether any exception applies to your situation.

What Happens After You Hire an Attorney

After you sign a contingency agreement, the attorney will begin investigating the death. This includes obtaining the death certificate, police reports, medical records, and witness statements. They may hire an investigator or informed witnesses to establish that the defendant's conduct fell below the standard of care and caused the death.

The attorney will then send a demand letter to the defendant's insurance company, setting out the facts, the legal basis for liability, and the amount of damages. The insurance company may respond with a settlement offer, a counteroffer, or a refusal to settle. If settlement negotiations stall, the attorney will file a lawsuit in Kern County Superior Court.

Throughout this process, the attorney should keep you informed about progress, explain any settlement offers, and discuss whether to accept or reject them. You have the final say on whether to settle; the attorney cannot settle without your consent. If the case goes to trial, the attorney will represent you in court and present evidence to a judge or jury.

Frequently Asked Questions

How long does a wrongful death case typically take?

Most cases settle within one to three years, but some take longer if the defendant disputes liability or if informed testimony is complex. Cases that go to trial can take four to five years from filing to judgment. Your attorney should give you a realistic timeline based on the specific facts and the court's schedule.

Can I sue if the death was caused by a crime?

Yes. You can bring a civil wrongful death lawsuit even if the defendant was also charged with a crime. The civil case and criminal case are separate, and the standards of proof are different. Your attorney can explain how a criminal conviction or acquittal may affect your civil case.

What if the defendant does not have insurance?

You can still sue, but collecting a judgment may be difficult. The attorney should investigate the defendant's assets and whether they have any insurance coverage that applies. If the defendant is judgment-proof, your recovery may be limited or zero, which is why the attorney should discuss this possibility upfront.

Do I have to go to court, or can the case be settled?

Most wrongful death cases settle before trial. Settlement means you and the defendant agree on a dollar amount, and the defendant's insurance company pays it. You avoid the uncertainty and expense of trial, but you also give up the chance for a larger judgment. Your attorney should explain the pros and cons of any settlement offer.

What if I disagree with my attorney's strategy?

You have the right to fire your attorney at any time. If you do, you owe them a portion of any recovery that results from their work — typically calculated as their contingency percentage applied to the value they added. Discuss any concerns with your attorney first; they may be able to explain their reasoning or adjust their approach.