Practice Areas

Bakersfield Wrongful Death Lawyer

Lost a loved one due to someone else's negligence in Bakersfield? Culver Legal fights for maximum compensation. Free consultation.

Losing a family member because of another person’s negligence is devastating. You are dealing with grief, medical bills, funeral costs, and lost income at the same time. A Bakersfield wrongful death attorney from Culver Legal handles the legal fight so you can focus on your family. We have recovered over $1 billion for injured clients and surviving families across California, and we take wrongful death cases on a contingency basis. You pay nothing unless we win.

Wrongful death claims in California are governed by strict deadlines and specific rules about who can file and what damages are recoverable. Acting quickly preserves critical evidence. The sooner you call, the stronger your family’s position.

Wrongful death attorney consulting with family in Bakersfield California

Who Can File a Wrongful Death Claim in California

California Code of Civil Procedure Section 377.60 defines who has the right to file a wrongful death lawsuit. The following individuals may bring a claim:

  • The surviving spouse or registered domestic partner
  • Children of the deceased
  • Parents, if no surviving spouse or children exist
  • Siblings, in limited circumstances where no other eligible survivors exist

Domestic partners must be prepared to demonstrate financial dependence or cohabitation to establish eligibility. If multiple family members are entitled to file, California law requires that they bring a single joint action rather than separate lawsuits. Our attorneys will identify every eligible claimant and structure the case to protect all of their interests.

Wrongful Death vs. Survival Action: Understanding the Difference

Two distinct legal claims often arise from the same fatal incident, and many families do not realize both may be available to them.

A wrongful death claim compensates surviving family members for their own losses. These include loss of financial support, loss of companionship, and grief and emotional suffering. A survival action is different. It is brought on behalf of the deceased person’s estate and covers damages the deceased could have recovered had they survived, including pre-death pain and suffering and medical expenses incurred before death.

Pursuing both claims together can significantly increase total recovery. Our attorneys evaluate both at the start of every case to make sure nothing is left on the table.

What Compensation Can Your Family Recover

California wrongful death law allows surviving family members to recover both economic and non-economic damages. Economic damages include:

  • Lost financial support the deceased would have provided
  • Lost household services and contributions
  • Funeral and burial expenses
  • Medical costs incurred before death

Non-economic damages include loss of companionship, loss of guidance, and the emotional suffering caused by the death. In survival actions, the estate may recover pre-death pain and suffering.

Settlement proceeds are distributed among surviving claimants according to California intestate succession rules when no agreement is reached among family members. Our attorneys help families navigate distribution disputes early to avoid additional conflict.

California Statute of Limitations for Wrongful Death

Under California Code of Civil Procedure Section 335.1, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. Missing this deadline almost always means losing the right to file permanently.

There is a critical exception. If the wrongful death involves a government entity, a government employee acting in the course of duty, or a publicly owned vehicle, you must file an administrative claim within six months of the date of death before you can file a lawsuit. Missing the six-month administrative deadline is fatal to the claim, regardless of how strong the underlying facts are.

Do not assume you have time. Call as soon as possible to protect your family’s options.

Common Causes of Wrongful Death in Bakersfield

Bakersfield sits at the intersection of major freight corridors, including Highway 99, Interstate 5, and State Route 58. The volume of commercial truck traffic in and around Kern County means truck accident fatalities are a recurring cause of wrongful death claims filed here. The area around the Stockdale Highway corridor and East Bakersfield near the Union Avenue commercial district also sees a significant number of serious traffic fatalities each year.

Beyond highway accidents, Culver Legal handles wrongful death cases arising from:

  • Car accidents caused by negligent or impaired drivers
  • Motorcycle accidents
  • Construction site fatalities
  • Premises liability incidents, including drowning and falls
  • Medical malpractice resulting in death
  • Product defects and dangerous equipment

Highway 99 Bakersfield California wrongful death accident scene

Why Wrongful Death Cases Are Legally Complex

Wrongful death litigation involves layers of legal analysis that go beyond standard personal injury claims. Several factors make these cases especially demanding.

First, the dual-claim analysis. A wrongful death claim and a survival action arise from the same incident but cover different categories of loss. Failing to properly assert both can leave significant compensation on the table. Getting the claims right from day one matters.

Second, multiple liable parties. Fatal truck accidents, construction deaths, and premises liability cases frequently involve more than one defendant. A trucking company, a property owner, a product manufacturer, and an individual driver may all share responsibility. Each additional defendant adds complexity to discovery, liability arguments, and settlement negotiations.

Third, causation disputes. Defense attorneys routinely challenge the causal link between the negligent act and the death, particularly in cases involving pre-existing health conditions or delayed fatal outcomes. Strong medical expert testimony is essential.

Fourth, government entity deadlines. If a government vehicle, employee, or property is involved, the six-month administrative claim deadline must be met before any lawsuit can proceed. This shorter window requires immediate legal intervention.

Fifth, insurance policy limits. In high-fatality cases, total damages can exceed available insurance coverage. Identifying all potentially liable parties and all available insurance policies is critical to maximizing recovery for your family.

  1. Free case evaluation. We review the facts, identify every eligible claimant, assess both wrongful death and survival action claims, and explain what your family’s case is worth. No cost, no obligation.
  2. Evidence collection and investigation. We move immediately to preserve physical evidence, gather accident reports, secure witness statements, and obtain any available surveillance or dashcam footage. In truck cases, we issue litigation holds for ELD data, driver qualification files, and maintenance records before they are purged.
  3. Damage documentation with experts. We work with medical experts, economists, and life care planners to document lost financial support, future household services, and all other compensable losses. We build a complete damage model before any settlement discussions begin.
  4. Insurance negotiations. We handle all communication with insurance adjusters. We do not accept early lowball offers. We negotiate from a position built on documented evidence and a clear damages analysis.
  5. Litigation and trial preparation. If the insurance carrier refuses a fair settlement, we take the case to trial. Our attorneys are experienced litigators. Carriers know we are prepared to go to court, and that changes settlement dynamics.

What Your Family Should Bring to the First Consultation

You do not need to have everything organized before calling. The most important step is reaching out early. If you have any of the following, bring them:

  • The death certificate
  • Any police report, incident report, or report number
  • Medical records or hospital bills related to the fatal incident
  • Photos or videos of the accident scene or location
  • Insurance information for all parties involved
  • Documentation of your loved one’s income or financial contributions

If you do not have these records, our team can gather them. The most important thing is to call now while the evidence is still available and the deadlines have not passed.

Partial Fault, Immigration Status, and Other Common Concerns

California is a pure comparative fault state. If the deceased was found to be partially responsible for the incident, that percentage of fault reduces the recovery, but it does not eliminate it. If your loved one was 20% at fault in a case worth $1,000,000, your family still recovers $800,000. Your right to file a wrongful death claim does not disappear because of shared fault.

Immigration status has no bearing on your right to file a wrongful death claim. California law prohibits using a party’s immigration or citizenship status against them in civil litigation. Undocumented family members can file and recover without fear that their status will be used against their case.

If your loved one died in a workplace accident, your family may have both a workers’ compensation claim and a civil wrongful death lawsuit available, depending on the circumstances. Workers’ comp and civil litigation can proceed simultaneously in cases involving third-party negligence.

  • Over $1 billion recovered for clients across California
  • Notable results: $4M auto accident, $3M truck accident, $3.7M personal injury, $2.5M commercial accident
  • Named attorneys: Thanos Simoudis, David Merabi, Dario C. Gomez, Victoria Manesh, Michael Domingo, Michael B. Huynh
  • Bilingual representation in English and Spanish (Hablamos Español)
  • Available 24 hours a day, 7 days a week
  • No fees unless we win. Free case evaluation.

For families navigating one of the most painful situations imaginable, having a firm with a documented record of major recoveries matters. Our attorneys have handled wrongful death cases across California, including cases that went to trial when insurers refused to negotiate in good faith.

For more information on how California courts handle wrongful death claims, the Judicial Council of California publishes plain-language guidance at courts.ca.gov.

What to Look for When Hiring a Wrongful Death Lawyer

Wrongful death case experience. Not every personal injury attorney handles wrongful death litigation. Ask how many wrongful death cases the firm has handled, whether they have handled both wrongful death and survival action claims together, and what their results look like. Culver Legal has recovered major settlements in fatal accident cases across California, including a $3M truck accident and a $4M auto accident.

Trial readiness. Many firms settle every case to avoid trial. Ask whether the firm has trial experience in wrongful death matters and whether they can name cases they have tried. Insurance carriers respond to credible trial threats. Culver Legal is prepared to litigate.

Local court familiarity. Wrongful death cases in Bakersfield are filed in Kern County Superior Court. Familiarity with local judges, local evidentiary standards, and regional insurance carrier tendencies affects strategy. Ask the firm where they have filed and tried cases.

Communication and accessibility. Wrongful death clients need to know what is happening with their case. Ask how often you will receive updates, who your primary contact is, and whether the attorney assigned to your case is available to answer questions. Culver Legal is available 24 hours a day.

Fee structure. Wrongful death cases should be handled on a contingency basis. You pay nothing unless the firm recovers for your family. Ask what percentage the firm takes and whether costs are deducted before or after the contingency fee. Culver Legal charges no fees unless we win.

Evidence Checklist: What You Need to Support Your Wrongful Death Claim

  • Death certificate
  • Police report or incident report from the fatal accident
  • Medical records and hospital bills from the final treatment
  • Autopsy report, if conducted
  • Photos or videos of the accident scene
  • Witness names and contact information
  • Documentation of your loved one’s earnings, employment history, and benefits
  • Records of any life insurance policies
  • Proof of relationship to the deceased (marriage certificate, birth certificate)
  • In truck accident cases: ELD data, driver logs, maintenance records, cargo manifests
  • In workplace cases: employer incident report, OSHA records, safety inspection logs

Culver Legal wrongful death attorneys serving Bakersfield and Kern County families

Serving Bakersfield and Surrounding Communities

Culver Legal represents families throughout Kern County and the surrounding region, including Delano, Tehachapi, Ridgecrest, Taft, and Wasco. Our attorneys handle wrongful death cases statewide. Distance is never a barrier to representation. We come to you.

Other Services We Handle in Bakersfield

Local Resources for Bakersfield Families

We do not endorse these organizations or profit from listing them.

Kern County Superior Court (Metropolitan Division)
1415 Truxtun Ave, Bakersfield, CA 93301
kern.courts.ca.gov

Bakersfield Memorial Hospital (Dignity Health) Emergency Room
420 34th St, Bakersfield, CA 93301
Open 24 hours
dignityhealth.org

Accelerated Urgent Care
212 Coffee Rd, Suite 100, Bakersfield, CA 93309
acceleratedurgentcare.com

Talk to a Bakersfield Wrongful Death Attorney Today

Culver Legal represents families who have lost loved ones because of someone else’s negligence. Our attorneys understand how much is at stake. We work on contingency, meaning you pay nothing unless we recover for your family. Call (310) 600-7881 now for a free case evaluation. The sooner you call, the more we can do to protect your family’s claim.

This content has been reviewed by the attorneys at Culver Legal, LLP, licensed to practice law in the State of California.

Culver Legal, LLP
5670 Wilshire Blvd., Suite 1370
Los Angeles, CA 90036
(310) 600-7881

Attorney Advertising. Past results do not guarantee future outcomes.

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We handle all types of personal injury cases

At Culver Legal, we specialize in a wide range of personal injury cases.

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Frequently Asked Questions

We believe in keeping our clients fully informed throughout every stage of the legal process, empowering them to make well-informed decisions about their cases.

Need further assistance?

EMAIL info@culverlegal.com
PHONE 310-600-7881

Settlement value in wrongful death cases is driven by trial credibility. If the defendant knows the attorney will not go to court, they have no incentive to offer full value. Ask specifically about trial experience and outcomes.

Ask whether they use forensic economists and life care planners to document the present value of lifetime economic losses. This is where claim value is built or lost.

Local court familiarity matters for deadlines, local rules, and judicial tendencies. The Hall of Justice in downtown San Diego has its own procedural expectations.

Confirm the contingency percentage, who advances litigation costs, and what happens to those costs if the case does not resolve in your favor. Everything should be in writing before you sign.

California is a pure comparative fault state. If the deceased was found to be 30% at fault, the total recovery is reduced by 30%. Fault does not eliminate the family’s right to file. If the case is worth $1,000,000 and the deceased was 30% at fault, the family can still recover $700,000.

No. Culver Legal handles wrongful death cases throughout California. Cases arising in San Diego are filed at the Hall of Justice, 330 West Broadway, and our attorneys are familiar with that court’s procedures and requirements.

The wrongful death claim compensates surviving family members for their own losses, including lost financial support, companionship, and grief. The survival action is brought on behalf of the deceased’s estate for damages the person could have recovered had they lived, such as pre-death pain and suffering and lost earnings up to the moment of death. Both can be filed in the same case and often should be.

Yes. California law prohibits using immigration status against a plaintiff in a personal injury or wrongful death case. Undocumented survivors who qualify under CCP Section 377.60 have the same right to file as any other eligible heir. Your status does not affect your right to pursue this claim.

Has the attorney handled bicycle accident cases involving dooring claims, lane positioning disputes, and government entity road defects? General personal injury experience is not the same as bicycle-specific case work. Culver Legal has recovered over $1 billion for injured clients across California.

Will the firm take your case to trial if the insurer refuses fair value? Culver Legal prepares every bicycle case for trial from the start, which is what produces serious settlement offers rather than quick-close minimums.

Does the attorney already have established relationships with life care planners, vocational experts, economists, and medical specialists? Building that network from scratch on your case adds risk and delay. Ask who their experts are before you sign.

Insurers know which firms will fight in court. An attorney willing and prepared to go to trial extracts higher settlements than one who always resolves. Ask about their trial record on wrongful death cases specifically.

Many firms handle one or the other. Both claims together maximize total recovery. Confirm the attorney understands the distinction and will pursue both where applicable.

Disputes among heirs are common. An experienced attorney manages these conflicts proactively and keeps the focus on maximizing recovery rather than letting internal disputes stall the case.

Future loss of support calculations require expert economic testimony. Ask whether the firm retains these experts in-house or through established relationships, and who pays for expert costs.

Understand the fee percentage and whether litigation costs are deducted from the gross recovery or the net recovery after the attorney’s fee. This distinction can significantly affect the amount your family receives.

Under California Code of Civil Procedure Section 335.1, you have two years from the date of death to file a wrongful death lawsuit. If the defendant is a government entity, you must file a government tort claim within six months of the date of death. Missing either deadline can permanently bar your claim.

Under CCP Section 377.60, the surviving spouse or registered domestic partner, children, and certain dependents who would inherit under intestate succession laws have standing to file. If the deceased left no spouse and no children, parents and certain other dependents may have standing. An attorney can confirm standing based on your specific family circumstances.

Yes. You may be able to recover through your own uninsured motorist coverage under California Insurance Code requirements. UM coverage may apply in hit-and-run fatalities as well. Claims against your own insurer can still be disputed, so having an attorney handle the UM claim is strongly advisable.

A criminal conviction for the same conduct can be used as evidence in the civil wrongful death case, but the civil case proceeds independently. The civil standard of proof is a preponderance of the evidence, which is lower than the criminal standard of beyond a reasonable doubt. You can pursue a civil wrongful death claim even if criminal charges were not filed or resulted in an acquittal.

California wrongful death damages include the financial support the deceased would have provided over their expected lifetime, the value of household services, funeral expenses, and non-economic losses, including loss of companionship and guidance. Expert economic analysis is typically required to calculate future support losses accurately. Surviving heirs cannot recover their own emotional distress damages in the wrongful death claim itself, but a concurrent survival action may cover related damages to the estate.

Culver Legal handles wrongful death cases on a contingency fee basis. You pay no attorney fees unless and until we recover compensation for your family. The initial case evaluation is free. Call (310) 600-7881 to speak with someone today.

Yes. California is a pure comparative fault state. If the deceased was partially at fault, the total compensation is reduced by that percentage, but it is not eliminated. For example, if a case is valued at $1,000,000 and the deceased is found 30% at fault, the family still recovers $700,000. Defense attorneys commonly raise comparative fault arguments in wrongful death cases. Our attorneys build the evidence record to rebut those claims.

: The timeline varies; some cases settle within months, while others may take years if litigated. Your attorney will strive for a timely resolution while prioritizing your family’s best interests.

: Not necessarily. Many wrongful death claims are settled out of court through negotiations. However, if a fair settlement isn’t possible, your case may proceed to trial.

Under California Code of Civil Procedure Section 335.1, surviving family members have two years from the date of death to file a wrongful death lawsuit. If a government entity or government employee is involved, an administrative claim must be filed within six months of the death before a lawsuit can proceed. Missing either deadline typically bars the claim permanently.

Yes. California follows pure comparative fault. Shared fault reduces the recovery by the percentage of fault assigned to the deceased, but it does not eliminate the claim. If your loved one was 30% at fault in a case valued at $1,000,000, the family still recovers $700,000.

A wrongful death claim compensates surviving family members for their own losses, including lost financial support, companionship, and grief. A survival action is brought on behalf of the deceased’s estate and covers damages the deceased could have recovered personally, including pre-death pain and suffering. Both claims can often be filed arising from the same incident.

Wrongful death lawsuits in Bakersfield are filed in Kern County Superior Court. The Metropolitan Division is located at 1415 Truxtun Ave, Bakersfield, CA 93301. Our attorneys are familiar with Kern County civil procedures and local court practices.

No. California law prohibits using immigration or citizenship status against a party in civil litigation. Undocumented surviving family members have the same right to file a wrongful death claim as any other family member. Your status will not be used to reduce or eliminate your recovery.

Our attorneys investigate all potentially liable parties and all available insurance policies. In some cases, additional defendants, including employers, vehicle owners, contractors, or property owners, carry coverage that can be accessed. If the at-fault party is underinsured, your own UM/UIM policy may also provide coverage. We identify every available source of compensation before any settlement discussions begin.

Under California Code of Civil Procedure Section 335.1, you have two years from the date of death to file a wrongful death lawsuit. If a government entity is responsible, you have six months from the date of death to file an administrative claim before any lawsuit can proceed. Missing either deadline typically bars the claim permanently. Contact an attorney as early as possible.

Under California Code of Civil Procedure Section 377.60, eligible claimants include the surviving spouse or domestic partner, children of the deceased, and parents if no surviving spouse or children exist. Siblings may qualify in limited circumstances. Domestic partners must demonstrate financial dependence or cohabitation. An attorney can confirm your eligibility based on your specific family situation.

: The value depends on various factors such as economic losses, emotional damages, and the specific circumstances of the case. An experienced wrongful death attorney in Los Angeles can provide a tailored estimate during a free consultation.

No. California law prohibits using a person’s immigration status as a factor in personal injury and wrongful death proceedings. Surviving family members have the same legal right to pursue a wrongful death claim regardless of immigration status. Our attorneys handle these cases with full discretion.

Culver Legal handles wrongful death cases on a contingency fee basis. You pay nothing up front and no attorney fees at any point unless we recover compensation for your family. The free case evaluation is no obligation. Call (310) 600-7881 to speak with our team.

No. California law requires that all eligible wrongful death claimants bring a single action together. If family members cannot agree on how to proceed, a court can appoint someone to manage the claim on behalf of all parties. This is another reason to involve an attorney early, before disagreements among family members delay or complicate the case.

Most wrongful death cases resolve between one and three years from filing. Cases that settle before trial typically close faster. Cases that go to trial take longer. The timeline depends on how many defendants are involved, whether liability is disputed, and how aggressively the insurance companies fight the claim.

Yes. California law prohibits using immigration status in personal injury and wrongful death cases. Your immigration status does not affect your right to file, your standing as a survivor, or the damages you can recover. Culver Legal handles cases for all families regardless of documentation status.

Several options may still be available. If the deceased carried uninsured or underinsured motorist coverage, that policy may compensate the family. In commercial vehicle cases, the employer’s policy often applies. If a government entity bears any responsibility, a separate claim exists. An attorney can identify every available source of recovery.

Wrongful death civil cases in Long Beach are filed at the Governor George Deukmejian Courthouse, Los Angeles Superior Court, located at 275 Magnolia Ave in Long Beach. Culver Legal attorneys are familiar with local court procedures and judicial preferences at this courthouse.

Yes. California’s pure comparative fault rule allows recovery even when the deceased bore some responsibility for the accident. If the deceased was 30% at fault in a case worth $1,000,000, the family still recovers $700,000. The defense will argue fault to reduce the payout. Culver Legal documents the evidence to counter those arguments before they gain traction.

Wrongful death claims involve standing rules, survival actions, and damage calculations that differ significantly from standard injury cases. Ask whether the attorney has experience with both the wrongful death claim and the companion survival action.

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It was a very good experience dealing with the office members/ team of Culver Legal.

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Had a very positive experience working with Culver legal.

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Artemio Lopez Jul 24, 2026
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After my bicycle accident, choosing Culver Legal was one of the best decisions I made.

From day one, Thanos Simoudis and Anastasia Gkogka treated me like a friend, not just another client. They were genuinely invested in my recovery and the outcome of my case. Their communication was exceptional—they were always responsive, kept me informed every step of the way, and were available whenever I had questions. Their knowledge, strategic thinking, and professionalism throughout the litigation process gave me complete confidence that I was in the best possible hands. What impressed me most was how thoroughly they prepared the case and how effectively they negotiated. Thanks to their expertise and dedication, we achieved 100% of our goals without even having to go to trial. That speaks volumes about their skill and reputation. If you’re looking for attorneys who are intelligent, compassionate, relentless advocates, and who truly care about their clients, I cannot recommend Thanos Simoudis, Anastasia Gkogka, and the entire team at Culver Legal highly enough. They exceeded every expectation, and I will always be grateful for everything they did for me.

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Hicieron un gran servicio recomiendo.

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Juan Valencia Jul 13, 2026
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I can’t thank Culver Legal enough for everything they did after my car accident.

From day one they fought hard for my bodily injury case and made sure I was taken care of every step of the way. The whole team stayed on top of communication, handled the insurance companies, and really made me feel like they cared about getting the best outcome possible. In the end, they got me a fat settlement check that I honestly didn’t expect. If you’ve been in an accident and want lawyers that actually fight for you, I highly recommend Culver Legal!

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Really helpful with all situations I needed help with.

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