Kern County Wrongful Death Attorney
A wrongful death claim arises after an event that has taken a family member’s life. Families may simultaneously face funeral expenses, loss of financial support, insurance questions, and uncertainty about who is legally permitted to pursue the claim.
Safeguard Firm represents families in Kern County wrongful death matters arising from vehicle and truck crashes, motorcycle and pedestrian incidents, dangerous property conditions, industrial or commercial accidents, and other wrongful conduct. The analysis may include eligible heirs, survival claims, damages, evidence preservation, insurance, and statutory deadlines.
Free Consultation
If you lost a loved one in Kern County because of another party’s wrongful conduct, contact Safeguard Firm at 310-882-6575 or JR@Safeguardfirm.com to discuss the circumstances and potential legal options.
Who May Bring a California Wrongful Death Claim
California Code of Civil Procedure section 377.60 identifies categories of people who may bring a wrongful death action, including the decedent’s surviving spouse, domestic partner, children, and certain other persons depending on family circumstances and dependency.
Standing can become complicated when there are multiple heirs, stepchildren, putative spouses, minors, or questions concerning dependency. The website should avoid suggesting that every relative has an independent wrongful-death claim.
Wrongful Death vs. Survival Actions
A wrongful death claim generally seeks losses suffered by qualifying survivors because of the death. A survival action is different: under California Code of Civil Procedure section 377.30, certain causes of action that belonged to the decedent can continue through the decedent’s personal representative or successor in interest.
The two claims may arise from the same event but involve different plaintiffs, damages, and procedural requirements. Serious fatal-accident cases should consider both.
Potential Wrongful Death Damages
Recoverable damages can include legally recognized economic and noneconomic losses such as financial support, household services, funeral and burial expenses, and the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support, subject to California law.
The analysis is individualized. Age, relationship, financial contributions, life expectancy evidence, household role, and the nature of the relationship can matter.
Fatal Accidents Across Kern County
Fatal incidents may arise on I-5, SR-99, SR-58, rural agricultural roads, mountain routes, desert highways, industrial properties, or city streets. The evidence available in each setting can differ significantly.
Because the decedent cannot testify, scene documentation, vehicle data, commercial records, photographs, medical evidence, and timely witness identification can become especially important.
For local roadway context, review Caltrans District 6 current projects and the Centennial Corridor SR-99/SR-58 project.
Investigating a Fatal Accident
Fatal incidents require prompt evidence preservation because the person who died cannot provide testimony about what occurred. Scene photographs, video, witnesses, vehicle data, autopsy and medical evidence, commercial records, reports, and expert analysis can become especially important.
In commercial-vehicle or premises cases, company documents and surveillance should be preserved early.
Insurance and Multiple Defendants
A fatal accident may involve policy limits that are inadequate relative to the family’s losses. Employer liability, commercial coverage, vehicle ownership, premises defendants, excess coverage, and other potentially responsible parties should be investigated based on the facts.
Where multiple heirs share one wrongful-death cause of action, coordination among eligible claimants can be procedurally important. General California negligence principles are addressed in Civil Code section 1714.
Deadlines
CCP § 335.1 generally provides a two-year limitations period for an action for death caused by another’s wrongful act or neglect. Accrual and exceptions can be fact-specific.
If a government entity or employee is involved, the Government Claims Act can require presentation of a claim within six months. See Government Code § 911.2. Families should not rely on ongoing insurance discussions as protection against a filing deadline.
Kern County Court and Filing Resources
For local court information, review the Kern County Superior Court, civil e-filing, forms and filing, and local rules.
These references provide court and filing context; venue, jurisdiction, case classification, and assignment depend on the specific matter.
How Safeguard Firm Can Help
Safeguard Firm’s role in a Kern County wrongful death matter is to organize the claim around proof. That can include identifying all responsible parties, preserving evidence, obtaining reports and records, communicating with insurers, documenting medical and economic losses, and evaluating whether experts are needed.
The investigation should begin with the issues most likely to become disputed. If liability is contested, scene evidence and witness testimony may take priority. If the loss involves substantial financial consequences, policy limits, earning capacity, and additional defendants may need early attention. If a commercial or property defendant controls records, preservation and targeted requests can be critical.
When a fair pre-litigation resolution cannot be reached, filing suit may permit formal discovery, subpoenas, depositions, expert analysis, and court enforcement of evidence obligations. Litigation strategy should remain proportionate to the case.
Important California Deadlines
Code of Civil Procedure section 335.1 generally provides two years for an action involving injury to, or death of, an individual caused by another’s wrongful act or neglect.
Claims involving a public entity or employee can require much earlier action.Government Code section 911.2 generally requires a claim relating to personal injury or death to be presented within six months after accrual. Other statutes, tolling rules, or claim types can alter the deadline.
Practical Steps After the Incident
- Preserve photographs, videos, damaged property, receipts, reports, witness information, and relevant electronic records.
- Keep records of funeral and burial expenses, financial support information, insurance communications, and related documentation.
- Avoid guessing about fault or unresolved facts in recorded or written statements.
- Identify evidence controlled by third parties that may be overwritten or destroyed and consider prompt preservation.
- Identify all potentially applicable insurance policies and responsible parties.
- Do not allow insurance negotiations to create a false sense that a filing deadline has been extended.
Frequently Asked Questions
CCP § 377.60 identifies eligible claimants, including a surviving spouse or domestic partner, children, and certain others depending on the family situation.
No. Wrongful death generally concerns survivors’ losses; a survival action continues certain claims that belonged to the decedent.
Potential damages include financial support, household services, funeral and burial expenses, and recognized noneconomic losses. The available categories depend on the claim.
California treats wrongful death as a single joint cause of action in important respects, so all known heirs should be identified and the procedural posture carefully evaluated.
Many wrongful-death actions are subject to a two-year period, but government claims and other exceptions can create shorter deadlines.
Yes. Some claims resolve through insurance negotiations, but settlement should not be allowed to cause a limitations deadline to expire.
Related Kern County Legal Services
County-level personal injury representation and related accident claims in Kern County.
Related representation for fatal and serious motor-vehicle collision claims in Kern County.
Related representation for fatal and serious commercial truck collision claims in Kern County.
Related representation for fatal and serious motorcycle collision claims in Kern County.
Additional related resources: Kern County Bicycle Accident Attorney · Kern County Pedestrian Accident Attorney · California Personal Injury Attorney · About Safeguard Firm · Contact Safeguard Firm.
Contact a Kern County Wrongful Death Attorney
Safeguard Firm serves families throughout Kern County while maintaining its published office at 6404 Wilshire Blvd., Suite 860, Los Angeles, CA 90048. Call 310-882-6575, email JR@Safeguardfirm.com, or contact the firm online for a free consultation.