Hundreds of Millions of Dollars Have Been Recovered for Personal Injury and Wrongful Death Victims
If you are searching for a Bakersfield wrongful death lawyer, this resource will help you understand your rights and options after a tragic loss in Kern County. This information is designed for families who have lost a loved one due to someone else’s negligence and need clear, compassionate guidance on what to do next. The emotional and financial consequences of a loved one’s death can be overwhelming, but you have the legal right to seek compensation and justice through a wrongful death claim. We cover what constitutes wrongful death under California law, who can file a claim, how fault is determined, what compensation is available, and how our legal team can support you through this difficult time. Our goal is to help you make informed decisions and find a path toward justice and closure.
It is a sentiment you have probably heard a dozen times since the accident, but we mean it. At The Killino Firm, we know that losing a loved one is not just an emotional event; it is a chaotic, confusing administrative nightmare. The world keeps turning—bills keep coming, traffic keeps moving down Stockdale Highway—but your world has completely stopped.
We have spent decades sitting across the table from families in your exact position. We know the anger that comes when you realize this death wasn’t “just an accident.” It was preventable. It was caused by someone else’s negligence—a careless driver on Highway 99, a safety failure in an oil field, a defective product that should have never left the factory, or other fatal accidents.
We believe you deserve straight talk, not legal jargon. We want to help you understand what is happening, why Bakersfield presents such unique risks to families, and how personal injury wrongful death law can offer a pathway to accountability in wrongful death cases.
In California, to establish a wrongful death case, it must be proven that:
A wrongful death claim is a civil action, distinct from any criminal proceedings that may arise from the same incident. While criminal cases seek punishment for wrongdoing, civil wrongful death claims focus on securing compensation for the family when someone’s death results from another party’s negligence or misconduct.
Only certain individuals can file a wrongful death claim, including the deceased’s spouse, domestic partner, or children. If there are no immediate family members, other relatives who were financially dependent on the deceased may file a wrongful death claim in California.
As your wrongful death lawyer, The Killino Firm is committed to providing compassionate legal representation. We understand the emotional toll and are dedicated to supporting you through every step, advocating for your rights, and helping you navigate the complexities of your case.
Once you understand what constitutes wrongful death and who can file, it’s important to know why Bakersfield and Kern County present unique risks for families.
Bakersfield is the heart of California’s production of energy, agriculture, and logistics. But that industrial strength comes at a high cost to public safety.
You deal with heavy machinery, massive trucking corridors, and high-speed rural roads.
The data reveals a critical safety issue that demands immediate attention: Kern County consistently ranks as one of the deadliest counties in America for pedestrians per capita.
According to data analyzed by Smart Growth America, the design of our local streets—wide, fast thoroughfares like Ming Avenue or Union Avenue—combined with limited crosswalks and poor lighting, creates a high-risk environment. When you look for the “best route near me” on your GPS, it often directs you down these high-speed arterials where pedestrians are uniquely vulnerable to traffic accidents.
Our legal team understands Bakersfield’s dangerous intersections and high-traffic corridors, providing the experience necessary to hold negligent parties accountable for these preventable tragedies.
While accidents can happen anywhere, several areas have been identified as having a disproportionately high number of pedestrian incidents:
We cannot talk about Bakersfield without talking about the roads.
Bakersfield is an oil town. It is an ag town. The Bureau of Labor Statistics (BLS) data shows that the “extraction” (oil and gas) and “agriculture” sectors have some of the highest fatality rates of any industry. We can help families where a loved one went to work in the fields or the oil patch and never came home because a company cut corners on safety equipment to save a few dollars.
Understanding these local risks is crucial for families considering a wrongful death claim. Next, let’s look at who is permitted to file a wrongful death suit in Kern County.
This is usually the first question families ask us: “Do I have the right to do this?”
California law (Code of Civil Procedure 377.60) draws a strict line around who can file. It is not open to just anyone who is grieving. The law prioritizes the people who were closest to the deceased—both legally and financially.
Surviving Spouse or Domestic Partner: If you were married or in a registered domestic partnership, you are first in line as the surviving spouse.
Children: The biological or legally adopted children of the deceased.
Grandchildren: If the deceased’s children have already passed away, the right moves to the grandchildren.
The “Intestate Succession” Rule:
If none of the above exist (for example, a single person with no children passes away), the law looks at who would inherit their estate. This usually means parents, and then siblings. In these cases, the personal representative of the deceased person’s estate may file claims on behalf of the estate.
Financial Dependents:
There is a special category for people who were financially dependent on the deceased. This can include a “putative spouse” (someone who believed in good faith they were married to the deceased, even if the marriage was void), stepchildren, or other relatives who relied on the deceased for support. If there are no immediate family members, other relatives who were financially dependent on the deceased may file a wrongful death claim in California.
Determining standing can be complex. Our legal team meticulous in establishing your legal standing early so the focus can remain on the negligence of the other party.
Once you know who can file a claim, the next step is understanding how fault is determined in these cases.
Establishing fault is at the heart of any successful wrongful death claim in Bakersfield. For surviving family members, this process is about more than just legal proceedings—it’s about holding the responsible party accountable and seeking justice for a loved one’s death. After a loss, the next step is understanding how fault is determined in these cases. In wrongful death claims, fault is determined by establishing duty of care, breach, and causation, supported by evidence such as reports, witness statements, and expert testimony.
To establish a wrongful death case, it must be proven that:
A thorough investigation is essential. Our experienced wrongful death lawyers will gather accident reports, medical records, and expert testimony to reconstruct the circumstances surrounding the incident in Bakersfield. Whether the case involves distracted driving, a defective product, or a workplace hazard, our legal team’s job is to identify all negligent parties and build a clear, evidence-based narrative of what happened.
California follows a pure comparative negligence rule, allowing families to recover damages even if the deceased was partially at fault.
California law recognizes that fault is not always black and white. If the deceased was partially responsible for the accident, the state’s comparative negligence rules allow families to still pursue compensation, though the final award may be reduced in proportion to the deceased’s share of fault. Even if someone else’s negligence contributed to your loved one’s death, your family may still recover damages under this rule. This makes it even more important to have our skilled legal team that can advocate for your family’s interests and ensure that negligent parties are held accountable.
Damages in a Bakersfield wrongful death case can include both economic losses—such as lost wages, medical and funeral expenses, and lost income—and non-economic damages like loss of companionship, moral support, and guidance. In some situations, the deceased person’s estate may also file a survival action to recover compensation for medical expenses and pain and suffering experienced before death. However, as of January 1, 2026, California prohibits recovery of a decedent’s pre-death pain and suffering unless a suit was filed by December 31, 2025.
Because every wrongful death case is unique, the claims process can be complex. After a victim’s death, families have important legal rights to seek compensation and justice for their losses. Our legal team will conduct a meticulous investigation, consult with experts, and handle all aspects of the legal process so your family can focus on healing. If you are financially dependent on the deceased, or if you are unsure about your legal standing, a free consultation with our wrongful death attorneys can provide clarity and support.
Ultimately, determining fault is about more than just legal liability—it’s about ensuring your family receives fair compensation and the justice you deserve. By working with our compassionate and experienced Bakersfield wrongful death attorneys, you can pursue maximum compensation and begin to rebuild after an unimaginable loss.
Understanding how fault is determined leads directly to the next question: what types of compensation are available to grieving families?
We know that no amount of money fixes this. But the civil justice system is designed to provide financial stability to the survivors. A wrongful death claim allows surviving family members to seek compensation for their loss, including financial damages and emotional distress. It is about ensuring that the loss of a provider doesn’t lead to the loss of your home or your future. The law gives your family the right to collect compensation for what was taken from you, and our goal is to help you secure the justice and support your family deserves.
These are objective, calculable losses. Economic damages cover tangible losses like financial support from the deceased, loss of benefits, funeral and burial expenses, and the value of household services the deceased would have provided. Surviving loved ones may also be eligible to recover compensation for lost wages, medical expenses, and pain and suffering.
Non-economic damages include the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, as well as loss of training and guidance for children who have lost a parent.
 Type of Damages |
 Examples |
|---|---|
| Economic Damages | Loss of financial support, Funeral and burial expenses, Loss of benefits, Household services, Medical bills incurred prior to death |
| Non-Economic Damages | Loss of consortium (love, companionship, support), Loss of training and guidance |
Note on Punitive Damages: In California, you generally cannot recover punitive damages (money meant to punish the defendant) in a standard wrongful death case. However, there is a major exception: Survival Actions. If the deceased survived for even a brief period after the accident, or if the property was damaged, the estate might be able to seek punitive damages. This is a complex area of law where experienced counsel is absolutely necessary.
After understanding the types of compensation available, it’s important to consider specific scenarios, such as wrongful death resulting from catastrophic commercial trucking accidents or fatal injuries caused by defective consumer products.
While we handle cases involving catastrophic traffic and industrial accidents, we are also dedicated advocates for families who have lost a loved one while under the care of local medical institutions. In California, these cases are often the result of preventable, systemic failures—incidents where a facility’s protocols or oversight fell short, leading to the ultimate loss of a family member.
When a tragedy occurs in or outside of a hospital setting, it isn’t just a clinical failure; it is a life-altering event for the survivors. We focus on the wrongful death aspect of these cases to help families recover compensation for the profound loss of financial support, household services, and the irreplaceable companionship of their loved one.
We are familiar with the primary medical centers where Bakersfield residents receive care:
Note: In California, the window to act following a loss in a medical facility is strictly limited. It is vital to secure the complete medical file immediately to ensure the records accurately reflect the timeline of events. Our legal team moves quickly to preserve this evidence before it can be misplaced or “updated,” ensuring we have the facts needed to build a strong wrongful death claim.
After considering specific scenarios, it’s also important to know what local resources are available for grieving families.
After the funeral, the silence can be deafening. We handle the legal fight in Bakersfield so you can focus on healing, but we also know that professional emotional support is often needed. Bakersfield has a strong community of support if you know where to look.
In the wake of a tragic loss, finding a community that understands your journey is a vital part of the healing process. The following organizations provide dedicated services and specialized support groups to help residents navigate the complexities of grief:
Knowing about these resources can help families begin the healing process. Next, let’s discuss why choosing the right law firm is so important for protecting your family’s future.
We know there are billboards all over Bakersfield. You see them on the bus benches and hear them on the radio. It can be hard to know who to trust.
At The Killino Firm, we approach cases differently. We investigate aggressively.
When an oil rig accident happens in Oildale, we don’t just read the police report; we hire industry experts to analyze the equipment maintenance logs. When a semi-truck causes a pileup on the 58, we demand the driver’s electronic logs to see if they were driving over their legal hours.
We understand the courts across the country. We understand the tactics defense attorneys use to try and blame the victim. And most importantly, we understand that this isn’t just a “case” to you. It’s your life.
We are nationally recognized for our commitment to safety and justice. Whether it is a product defect case that requires national recall expertise or a local traffic collision, we bring the same level of intensity and thoroughness to every file.
Choosing the right legal team is a critical step in your journey toward justice. To help you further, we’ve compiled answers to the most frequently asked questions about wrongful death in Bakersfield.
Navigating a wrongful death claim in Bakersfield is a complex journey through both emotional healing and legal recovery. Here are the essential points to remember from this guide:
A wrongful death claim is a civil case, distinct from a criminal case. In a criminal case, the state prosecutes someone for illegal acts like homicide, while a wrongful death claim is brought by the family to seek compensation for a loved one’s death caused by negligence or a wrongful act. Wrongful death is a specific type of personal injury claim that arises when a victim’s death results from another party’s negligence or intentional misconduct. To establish a wrongful death case, it must be proven that the defendant owed a duty of care to the deceased, breached that duty, and caused the victim’s death as a result. If your loved one’s death was caused, even partially, by the negligence, recklessness, or intentional act of another, you likely have a case.
Workplace deaths are complex. Generally, you cannot sue an employer due to Workers’ Compensation laws. However, we look for “third-party claims.” For example, if a contractor from a different company caused the accident on the job site, or if a defective machine caused the death, you can file a lawsuit against those third parties.
In Bakersfield and Kern County, workplace fatalities often occur in our dominant industrial sectors, where the risks are significantly higher than the state average. The most common fatal workplace accidents in our region include:
Be very careful. Insurance adjusters may try to settle quickly before you realize the full financial impact of the loss. Once you sign a release, you can never ask for more money. Always have our lawyers review an offer before signing.
There is no “average” calculator. It depends on the age of the deceased, their earning capacity, the number of dependents, and the severity of the negligence. In wrongful death claims, fault is determined by proving a wrongful act or negligence caused your loved one’s death. We work with economists to build a custom valuation for your specific loss, as damages and settlement amounts in wrongful death cases can differ from those in personal injury cases.
No. Our lawyers work on a contingency fee. We cover all the upfront costs for investigators, experts, and filing fees. We only get paid if we win your case. If we don’t recover compensation, you owe us nothing.
It varies. Some cases settle in months; others take years if they go to trial. We work to move cases efficiently, but we will never rush a settlement if it means accepting less than the case is worth.
This is a difficult situation, but we look for other avenues. We check for “Uninsured Motorist” coverage on your own policy, or we investigate if other parties (like a bar that served a drunk driver or a city that failed to maintain a road) contributed to the accident.
Most cases settle before trial. However, if we do go to trial, you may need to testify about the impact the loss has had on your life. We prepare our clients thoroughly, so they feel comfortable and supported during this process
Our wrongful death lawyers provide legal representation, support, and guidance to families after the loss of a loved one due to negligence. They help families seek justice and closure, manage the legal complexities of claims, and articulate the depth of loss and the impact of the tragedy. Most firms offer free consultations to potential clients. Key considerations when hiring a wrongful death lawyer include:
If you have questions about a potential claim in Bakersfield, Delano, or anywhere in Kern County, please reach out. We will listen to your story, explain your options, and help you determine the best path forward for your family.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Every case is unique. Please consult with an attorney to discuss the specifics of your situation.
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In the aftermath of a wrongful death or catastrophic injury, particularly those involving babies and children, victims and their families are forced into the new “normal”. Their lives are often characterized by multiple facets of struggle; physical, medical and financial. The worry and stress can be unbearable. But, that is where the Killino Firm steps in.
Time and again for over two decades Jeffrey Killino has changed the lives of his clients and their families with recoveries that will provide for all future medical care and day to day needs. The Killino Firm clients are regularly purchasing new homes and vehicles; securing much needed medical care and assistance; and sleeping better at night know there are millions of dollars to take care of them for the rest of their lives.
Yes, the Killino Firm regularly secures multi-million dollar settlements and/or verdicts, however, we measure our true success in terms of how we change our clients’ lives. The Killino Firm is dedicated to its clients and their plight. After the cases are over, the Killino Firm stays involved and available to it’s clients as the journey continues.
At the Killino Firm we care about our clients and we care about our community, which is why from time to time when we uncover a hazard or danger with the potential to harm others, the Killino Firm takes action to alert the public and appropriate regulatory authorities.
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