Every one of us at some point in life will have to bid permanently farewell to our loved ones, however, in cases where that was preventable is the most soul crushing experience. Under California law, if someone dies as a result of the wrongful act, negligence or even recklessness of another party, then the family is able to file a claim. In cases like these the family is able to hire a wrongful death attorney in Bakersfield who is highly knowledgeable in the legal proceedings. These attorneys work to get the family the justice it seeks for by assessing the ins and outs of these complex cases.
What is a Wrongful Death in Legal Terms?
As the name suggests, this legal term and act can be defined as the death of an individual as a result of someone else’s negligence, be it a business entity or even a person. Unlike most homicide cases that are focused on the punishment aspect, wrongful death cases are civil in nature and they focus on compensating for the family loss of the deceased.
Some Common Causes of Wrongful Death Are:
- Vehicular Incidents:
The leading cause of wrongful death includes motor vehicles namely cars, trucks and even motorcycles in some cases. It usually results from negligence such as drunk driving, speeding, etc.
- Job Related Incidents:
Some of the biggest industries in Bakersfield’s economy include agriculture, construction and oil production which are risk_based Industries.
The majority of professional fatalities can be attributed to external aggression or intent to hurt while in some cases, negligence can result to an accidental death.
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Industrial Accidents:
Multiple industrial accidents have been reported due to improper usage of gears and heavy machinery, negligent behavior while handling sensitive instruments which lead to an extreme as the ultimate consequence.
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Medical Misconduct:
The second most common cause of wrongful death include medical fraud which has sub categories such as administration of drugs which can inflict harm or conducting a surgery which was not necessary.
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Malfunctioning Goods:
A manufacturer might omit important pieces of information regarding a product which increases the chances of the item inflicting harm to the consumer which can result in a wrongful death case.
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Acts of Violence:
Fans can become overly violent while watching a sports event and might result in killing someone.
Elaborate the Steps Needed for a Wrongful Death Claim in Detail.
In order to successfully quote a wrongful death, it must be established that at that moment the victim was not legally responsible for their actions.
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Widowed spouse
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Child under 18
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New partner or girlfriend/boyfriend
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If lacking any of the three options other family members have the right to complete a claim.
The Duties and Responsibilities of a Wrongful Death Lawyers in Wills:
Once an individual close passes away due to circumstantial reasons, the amount of stress and emotions that an individual has to bare is unbearable and in these times such an advocate is needed.
Key Responsibilities of a Wrongful Death Attorney
While submission of a case, i believe an advocate plays an essential role by representing the case with active participation and garnering the interest of the viewers and to understand the case more.
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Comprehensive Research
The attorney looks for evidence like medical records, accident reports, expert analysis, and witness testimonies to strengthen the case.
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Determining Losses
A Bakersfield wrongful death attorney incorporates all possible pages into the claim, such as:
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Economic Damages: Funeral and burial events, medical expenses, loss of income and future assistance.
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Non-Economic Damages: Loss of love, emotional distress and bereavement loss of guidance and support.
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Negotiating with Insurance Companies
Insurance companies are notorious for understating their payouts and settlements. However, a competent lawyer specializes in wrongful death cases will expose unfair offers and ensure that your family receives the attention it deserves.
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Representation in Court
Your attorney will be your strongest advocate, representing you in front of a judge and jury if an appropriate settlement cannot be reached.
Why Choose a Bakersfield Wrongful Death Attorney?
Attorneys operating in the local area understand boundaries and thus provide unique benefits:
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Knowledge of Local Laws
A Bakersfield wrongful death attorney is aware of the laws in California that govern wrongful death laws thus has the skills to process your claim efficiently.
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Familiarity with Local Industries
Since Bakersfield has oil production and agriculture among other high-risk industries, a local attorney will have the experience of representing you after workplace injury cases and industrial hazards.
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Prowess of Local Courts
With the help of a local attorney, you have access to valuable information about the judges, opposing attorneys, and court processes which in this case is Bakersfield, and that can be crucial for your case.
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Residing in the Same Community
If you choose a Bakersfield attorney, you will work with someone who knows what the issues in your community are and how they work and will provide you great deals depending on your specific needs.
Final Thoughts
The law cannot compensate for the pain of losing a person who was loved and cared for, however pursuing a wrongful death lawsuit can offer a person some closure through accountability, financial security and sense of retribution. A Bakersfield wrongful death attorney will offer legal counsel and compassion while you are going through a difficult time, struggling with the loss of a family member’s rights.
If you find that a loved one died because of someone else’ neglect, do not undergo this journey without guidance. Contact an esteemed Bakersfield wrongful death attorney who will protect your rights, help you heal and make sure that there will be justice.
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