San Jose Wrongful Death Lawyer

Losing a loved one in a motor vehicle accident is an unspeakable tragedy that no one should have to go through. There is immense pain and anguish following a loss, but you shouldn’t have to suffer the burden on your own. If your loved one died from another person’s negligent, careless, or reckless behavior, we can help you recover compensation. Our San Jose wrongful death attorney is here for you during this difficult time.

We will help you seek compensation for funeral and burial expenses, medical bills and other losses incurred from your loved one’s death. Our firm is dedicated to San Jose motor vehicle accident victims and their families. We never accept the insurance company’s lowball offer, and neither should you.

Our San Jose personal injury attorney is ready to discuss your options in a confidential, free consultation when you are ready. We are proud to serve nearby neighborhoods of San Jose and the surrounding cities throughout Santa Clara County including Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Palo Alto, Gilroy, Morgan Hill, Los Gatos, Campbell, Saratoga, Los Altos, Los Altos Hills, Monte Sereno, Willow Glen, Rose Garden, Almaden Valley, Evergreen, Cambrian Park, Blossom Valley, Downtown San Jose, Japantown, West San Jose, and Berryessa.

No Win. No Fee. Guaranteed.

Our law firm will always be transparent about our policies. We work on a contingency fee basis, which means we do not ask for any upfront legal fees or out of pocket fees until we reach a settlement and you are compensated. Call our compassionate team at (408) 882-1681 or fill out a quick online form to speak with a San Jose wrongful death attorney today.

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Why Hire Daniel Kim As Your Wrongful Death Attorney?

Daniel Kim is one of California’s top personal injury attorneys. Unlike other lawyers who take on many types of personal injuries, Daniel only represents victims of motor vehicle accidents. Due to this specialization, he has become an expert in defending victims of negligent drivers. Since opening his own practice, Daniel has successfully recovered over $250 million in settlements for his clients, and his firm maintains a 99% success rate.

Daniel has won numerous awards in his career as a personal injury attorney. He has been named a “Top 40 Under 40” lawyer from The National Trial Lawyers and he holds an “AV” rating (highest rating) from Martindale-Hubbell. He is a member of several trial lawyers associations. Daniel is passionate about his work and takes a personal interest in every client he meets, treating them like family.

Schedule a free, 1-to1 consultation with a team member today. We are always available to answer your questions 24/7. We have English, Spanish, and Korean-speaking staff ready to answer your call.

What Is a Wrongful Death Claim?

When a person is killed due to someone else’s negligent or intentional conduct, a surviving family member can sue for wrongful death. A wrongful death claim is a civil lawsuit and is separate from a criminal prosecution. A wrongful death lawsuit seeks compensation for the survivors’ losses (“damages” in legal terms), such as funeral expenses, medical bills from the injury or illness, and lost income of the deceased. An experienced attorney in wrongful death cases can help you gather all the necessary evidence and sources needed to prove negligence in a claim.

When a lawsuit is filed by an attorney, most of the time a settlement is reached through negotiations with the insurance company. However, if fair compensation is off the table, it may go to trial. Our robust legal team is always prepared to take a case to court.

A wrongful death lawyer can also communicate exclusively with insurance companies who are notoriously difficult to deal with. Our firm knows how to handle the insurance company to make sure you are not settling for less than you deserve, especially when it involves a wrongful death. We will not be intimidated by aggressive insurance companies.

What Is the Statute of Limitations for Wrongful Death Lawsuits?

Surviving spouses or family members have a limited time to file a wrongful death lawsuit. The statute of limitations in California for wrongful death claims is two years from the date of the deceased person’s death. If this date passes, no further action can be taken.

Who Can File Wrongful Death Claims?

Under California’s wrongful death laws, the following people are allowed to file a wrongful death lawsuit:

• The decedent’s surviving family members including a spouse, domestic partner, or children

If there is no surviving person in the deceased’s line of descent, a wrongful death lawsuit may be brought by a parent, sibling, stepchild, or grandchild. Additionally, any of the following people can file a lawsuit if they can show they were financially dependent on the deceased:

• Putative spouse (a spouse who is not married but has the same rights), children of the putative spouse, stepchildren, or legal guardians of the decedent.

What Damages Are Recoverable for a Wrongful Death Case?

Under California law, accident victims are allowed to pursue compensatory damages. In the wrongful death cases, the amount you will receive depends on a variety of factors, including the age and income of the deceased, their life expectancy, and the plaintiff’s relationship to the deceased. Once this information has been considered, the survivors are eligible to receive two types of damages: economic damages and non-economic damages.

Economic damages represent the financial losses experienced by the deceased’s family. These can include:

• Funeral expenses
• Burial expenses
• Medical expenses
• Loss of expected earnings
• Loss of benefits
• Loss of inheritance 
• Value of goods and services

Non-economic damages are often harder to calculate because they do not have a specific dollar amount. These typically include: 

• Survivors’ emotional and mental distress or pain and suffering
• Loss of companionship and support
• Loss of care 

In some wrongful death cases, survivors of the deceased may be awarded punitive damages. Punitive damages are awarded only if it is found that the defendant acted recklessly or intentionally caused the death. Upon reviewing the details of your case, San Jose wrongful death lawyers can tell you which damages you are eligible to claim.

How Do You Prove Wrongful Death?

In order to prove wrongful death, the plaintiff must show that the defendant’s wrongdoing was the legal cause of the deceased individual. Like most personal injury claims, the plaintiff must prove the following elements in a wrongful death case:

Duty of Care

The defendant owed a duty of care to the deceased. In a car accident case, the defendant had an obligation to drive safely and follow traffic laws.

Breach of Duty of Care

The defendant breached the duty of care owed to the plaintiff. In the case of a car accident, the defendant could have been speeding, running a red light, etc.

Causation

The defendant’s negligent act directly caused the wrongful death.

Damages

The survivors of the deceased suffered monetary and non-monetary losses as a result of the death.

In proving each of these elements, the plaintiff must meet the “burden of proof.” A burden proof is the amount of evidence you must present in support of your claims. In a criminal case, you must prove wrongful death “beyond a reasonable doubt.” However, in a civil case, the bar is much lower. You must prove at the wrongful death by at least 51%. This is called the “preponderance of the evidence.”

Hiring a personal injury attorney who can provide expert witnesses, crash analysts, and other credible sources can help a plaintiff meet the required burden of proof.

What Are Common Causes of Wrongful Death?

Motor vehicle accidents are one of the leading causes of death in the US. In California, that is no different. There were an estimated 4,258 motor vehicle traffic fatalities in 2021, a 10.7% increase from 2020. Traffic fatalities are most frequently caused by speeding, reckless driving, driving under the influence and while intoxicated, and disobeying traffic laws. The following are the most common types of San Jose wrongful death cases due to someone else’s negligence:

• Car accidents
• Truck accidents
• Motorcycle accidents. 
• Bicycle accidents
• Pedestrian accidents
• Uber and Lyft accidents 

Our San Jose wrongful death lawyer specializes in handling motor vehicle cases that result in a fatal accident. He is committed to fighting for justice for the deceased and the surviving family. We know this is a very hard time for all family members, and we will work hard to get you the best result possible when you put your trust in us.

Contact The Law Offices of Daniel Kim Today

If you have experienced a traumatic and sudden loss from a wrongful act, our expert legal team can help you obtain justice and recover financial losses in a wrongful death claim. We deeply care about your well-being, which is why we fight tirelessly to help our victims and their families recover and heal from such tragic and preventable accidents. 

If you lost a loved one in a San Jose accident, our qualified attorney can build a strong case against the responsible party so you come out on top. We have a team of medical experts and case managers who are experienced in dealing with such delicate matters. Our Santa Clara County personal injury law firm will help you explore all of your legal options in a free case evaluation. We offer compassionate legal support 24/7. Call our office at (408) 882-1681 or click the button below to get started.

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Directions to Our Office in San Jose

Car Accident Lawyer Daniel Kim — San Jose, CA
Address: 300 S 1st St #311, San Jose, CA 95113
Phone: (408) 882-1681