$ 45 Million

Permanent Disability

$ 55 Million

Temporary Disability

$ 5 Million

Death Caused By Work

$ 100 Million

Industrial Accidents

What's A Wrongful Death Claim?

Our legal expertise in wrongful death claims may relieve your emotional trauma and financial burdens in the aftermath of your life-altering accident.

Any death that results from someone else's negligent, careless, intentional, or criminal actions can be called "wrongful death." If you can establish through undeniable evidence that a loved one's death has been caused by another-whether an individual or a corporate entity–then you can sue the guilty in a wrongful death lawsuit for damages. The Law Office of Joseph Pluta has come across several complex wrongful death cases where assigning accountability and financially quantifying the extent of the loss can be particularly challenging. However, this also proves that we can leverage insights from our legal practice to:

  • Better negotiate with the defendant's insurance companies to raise the damages.
  • File your claim, manage deadlines, and handle paperwork on your behalf.
  • Gather incriminating evidence against the defendant to solidify their culpability.
  • Assess the accurate compensation you may be entitled to
  • Represent your interests in a court of law

Facts About Wrongful Death Claims You Should Know

Our firm's experienced Bakersfield wrongful death attorneys would like to dispel popular myths and confusions surrounding wrongful death lawsuits in Bakersfield

To legally establish wrongful death, a plaintiff must prove a breach in any of the following:

  • Duty of Care: The defendant violated this principle, which resulted in a wrongful death. For example, failing to provide adequate medical care or safe working conditions.
  • Breach of Duty:The defendant failed to uphold this duty through their actions or negligence.
  • Causation:The defendant's actions directly influenced the death of your loved one.
  • Damages: The decedent's family members can sue for the non-economic damages associated with their loved one's death, such as loss of companionship and consortium, among others.
  • One Action Rule:A decedent's surviving family members can only prosecute the defendant once, and multiple lawsuits raised by multiple family members will not be entertained
  • Punitive Damages are not awardable in a wrongful death lawsuit unless pursued through a Survival Cause of Action.
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Types of Wrongful Death Cases We Handle

The Law Office of Joseph Pluta has experience handling multiple cases related to wrongful death claims. No matter your claim category, we guarantee you professional expertise toward inevitable victory

  • Motor vehicle accidents
  • Heavy equipment accidents
  • Pedestrian incidents
  • Slips, trips, and falls
  • Toxic chemical exposures
  • Work-related accidents
  • Medical malpractice incidents
  • Falls from heights
  • Product malfunctions and defects
  • Fires and explosions in buildings
  • Boating and watercraft
    accidents
  • Electrical accidents and electrocutions
  • Crushing incidents in industrial settings
  • Aviation accidents, including plane and helicopter crashes
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How Do You Put A Price On A Life?

While no price can justify your pain, compensation will ensure you and your family can rebuild your lives without worrying about piling daily expenses. Here’s what you’ll be owed

Funeral & Burial Expenses

To relieve the decedent's survivors of the financial burden of funeral and burial, a workers's compensation for the same can be sought

Intangible Losses

Loss of companionship and consortium; emotional and psychological distress caused by the deceased to their dependents

Decrease in Life Quality

Loss of support, services, care, and assistance (financial, emotional, or physical) provided by the deceased to the survivors

Lost Income

The decedent's financial support to the family, ensuring their financial stability, should be compensated through weekly wages and benefits that the deceased worker may have earned if alive

Medical Expenses

The family may be entitled to reimbursement for medical expenses incurred during the decedent's treatment. These may include hospital bills, diagnostic procedures, surgeries, prescriptions, etc.

Understanding the Statute of Limitations for A Wrongful Death Case

Read what our expert attorneys from our wrongful death law firm in Bakersfield say about the statute of limitations.

  • Statutes of limitations are legal instruments to prevent cases being fought in courts of law that occurred several years ago. Thus, you can consider a statute of limitation a deadline in legal parlance.
  • The statute of limitations for a wrongful death lawsuit is two years. This means that those who have lost a loved one due to someone’s actions have a maximum of two years to file a wrongful death lawsuit to seek justice and compensation.
  • The statute of limitations may be relaxed under certain circumstances, such as
    • Medical malpractice (realizing the fatal medical mistake long after the death)
    • Lawsuit against a government entity
    • Dealing with minors
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How Our Help During Hard Times Can Make A Difference

The workplace accident attorneys at the Law Office of Joseph Pluta can leverage their years of experience handling death-at-work lawsuits to ensure speedy justice for your family after your loved ones death. The following are what we offer.

  • Proactive Legal Support
  • 57+ Years of Excellence
  • 6000+ Injured Workers Helped
  • We Win, or You Pay Nothing!
  • Se Habla Espaol!
  • Clear & Constant Communication
  • Compassionate Support
  • No Upfront Costs
  • Assiduous Care with Handling Legal Documentation
  • Prompt Appointments available including on Saturdays & Evenings
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Delivering Justice, One Step At A Time

Our strategic approach, combined with steady compassion and communication, ensures that no stone is left unturned to recover the damages your family is owned while holding the culprits accountable

Case Evaluation

Our wrongful death attorneys will first analyze the specifics of your case to assess the required medical and legal documentation for evidence, approaching deadlines, and the exact details around your loved one’s death at work. This will help us predict your case's strength, duration, and outcome.

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Filing the Claims

Filing a wrongful death lawsuit requires careful planning, consideration of all the necessary paperwork, knowledge of deadlines, and detailed accuracy.

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Collecting Evidence

As the most crucial step in your wrongful death lawsuit, our wrongful death lawyer will contact your healthcare provider to collect all the necessary medical records, which will act as undeniable evidence for your claim. Furthermore, we will interview passersby and those present at the accident scene to ascertain the exact circumstances surrounding your loved one’s death.

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Negotiating Insurer Settlements

To combat possible insurer fraud, our legal representative will negotiate insurance claims on your behalf to determine a sum that justifies the extent of the damages.

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Preparing for Victory!

With all the steps above, supplemented by 24/7 communication, empathetic coordination, and technical requirements, we can clinch the trophy for maximum compensation.

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What People Say

When I lost my husband unexpectedly, my world was turned upside down. I was overwhelmed with grief and uncertainty about what to do next. Thankfully, I found The Law Office of Joseph Pluta. From our very first meeting, they treated me with compassion and understanding. They took the time to explain the legal process clearly and answered all my questions patiently. Their team worked tirelessly to ensure my husband’s memory was honored and that justice was served. I can't thank them enough for their dedication and support during such a difficult time.

Sarah L

I never thought I would need a wrongful death attorney, but after the tragic loss of my brother, I knew I had to seek justice. A friend recommended the Law Office of Joseph Pluta, and I can't express my gratitude. Their professionalism and commitment were evident from the start. They handled everything with sensitivity, allowing me to focus on healing while they fought for my brother's rights. Their thoroughness and attention to detail made a significant difference in the outcome of our case. I highly recommend them to anyone facing a similar situation.

Michael R

Losing my mother in such a tragic accident was devastating, and I felt lost in a sea of grief and paperwork. The Law Office of Joseph Pluta stepped in and became my advocate. They took the time to listen to my concerns and worked diligently to build a strong case. The team was always available to answer my questions, which made the process much more manageable. Thanks to their efforts, I secured a settlement that will help support my family and honor my mother’s legacy. I can’t thank them enough for their compassion and expertise.

Linda T

Frequently Asked Questions

Dive deep into some commonly asked questions about wrongful death lawsuits in Bakersfield

A wrongful death case empowers family members or the spouse of a deceased person to sue the person/government entity/corporation to sue them for their intentional/negligent/reckless actions that resulted in their death. If none of the family members survive, then the decedent’s legal heirs or even their estate can pursue a wrongful death lawsuit. Additional details can be found here. It would be best to let an experienced law firm handle the complicated wrongful death lawsuit process, such as those from the Law Office of Joseph Pluta.

Wrongful death covers the damages suffered by the surviving family members or beneficiaries due to the death of a loved one caused by someone else's negligence or intentional act. It can include compensation for medical expenses, funeral costs, lost wages, loss of companionship, and emotional suffering.

In California, the beneficiaries of a wrongful death claim can include the deceased's spouse, children, and, if there are no direct heirs, parents and siblings. State law establishes the specific order of priority, ensuring that close relatives receive compensation.

Standing to sue for wrongful death in California refers to the legal right of certain individuals to file a wrongful death claim. Generally, this includes the deceased's immediate family members, such as spouses, children, and parents. If there are no immediate family members, distant relatives may have standing, but they must demonstrate a significant relationship with the deceased.

The value of a wrongful death lawsuit in California can vary widely based on factors like the deceased's age, earning potential, the circumstances of their death, and the emotional and financial impact on the survivors. Compensation can range from tens of thousands to millions of dollars, depending on the case's specifics.

Call Today For Your Free Initial Consultation At (661) 395-1031

DISCLAIMER: This website contains general information and is only intended for educational purposes. Because laws are constantly changing, the information is not guaranteed to be correct and/or current. Nothing contained on this website is intended to be a substitute for legal advice and does not constitute legal advice. Reading this website does not create, and should not be construed to create, an attorney-client relationship between the Law Office of Joseph Pluta and the reader. Nothing within this website should be considered as providing legal advice or a legal opinion. Sending an E-Mail to this website, or interacting with this website in any other way, does not create an attorney-client relationship.