Anaheim Wrongful Death Lawyer

No one can ever be prepared for a sudden and unexpected loss. When the loss was due to someone else’s negligence, the pain is unbearable. We will not let you suffer in silence. Our Anaheim wrongful death lawyer will fight for you and protect your financial future. By filing a wrongful death lawsuit, you can ensure your loved one gets the justice they deserve.

While no amount of money can bring back your loved one, filing a wrongful death claim can help you obtain closure and financial compensation. Our dedicated team is available to discuss your case in a private, no-risk consultation. We are available 24/7 to answer your questions or concerns. Call us at (714) 984-0020 or send us a message online.

We represent clients in Anaheim and across Orange County, including Costa Mesa, Irvine, Santa Ana, Tustin, Garden Grove, Huntington Beach, Mission Viejo, and Fullerton.

No Win. No Fee. Guaranteed.

Our law firm’s contingency fee basis allows clients to receive expert legal services at no upfront cost. That’s because if you don’t win, we don’t win. We will take care of everything until you receive a fair settlement from the insurance company.

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Why Hire Daniel Kim as Your Anaheim Wrongful Death Lawyer?

As one of the top rated personal injury lawyers in Anaheim, Daniel Kim is an award-winning wrongful death lawyer with a proven record of success. Since opening his own firm, Daniel has helped clients recover over $250 million in settlements. Daniel has been recognized by prestigious law organizations including Best Attorneys in America, American Academy of Attorneys, and many more.

Daniel approaches each case with kindness and compassion. With years of experience, he knows what is a fair settlement offer, and what is not. Working with Daniel means never settling for less. Let us help you through this difficult time. We offer a free consultation to all potential clients and we never ask for out-of-pocket legal fees. Schedule your appointment with our Anaheim wrongful death lawyer to begin the recovery process.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil lawsuit filed by close family members for the loss of their loved one caused by negligence or a wrongful act. The purpose is to obtain financial compensation for losses such as funeral and burial expenses, medical bills, and other losses incurred from the death. A wrongful death case is separate from a criminal procedure and does not result in punishment.

Hiring a wrongful death attorney will greatly affect the outcome of your case. Oftentimes, the insurance company will look for ways to close a claim as quickly as possible. They may also try to offer you a settlement upfront, but not the full amount you deserve. A lawyer will be able to guide you and steer you away from the insurance company’s lowball offer. Our qualified legal team will gather quality evidence, speak to expert witnesses, and file a lawsuit within the statute of limitations. You may also want to speak to our attorney about a survival action. A survival action seeks damages for harm or injuries suffered by the deceased person before their death. In other words, it is the claim that the deceased victim would have been able to make if he or she was still alive.

What Is the Statute of Limitations for Wrongful Death Lawsuits?

Under California law, a wrongful death lawsuit must be filed within two years of the decedent’s death. If you miss the date, you may lose your chance to file a claim in civil court. While there are certain exceptions, it is best to file a claim as soon as possible to not miss the deadline. Speak with our experienced wrongful death attorney to get your case started on time.

Who Can File a Wrongful Death Claim?

Generally, only surviving family members of the victim can file complicated wrongful death lawsuits. According to California’s wrongful death statute, the following people are allowed to file a wrongful death lawsuit:

• The decedent’s surviving spouse or domestic partner
• The decedent’s surviving children, and/or the grandchildren of any deceased child of the decedent
• The decedent’s parents
• The decedent’s siblings
• The decedent’s putative spouse and/or children
• A financial dependent on the decedent
• A personal representative of the decedent’s estate

What Damages Are Recoverable in Wrongful Death Claims?

The value of a wrongful death case will vary according to a number of factors, including the age of the wrongful death victim, their earning potential, and the responsible party. With that said, the damages that are available in wrongful death claims cover losses suffered by the surviving family members. The types of damages, like in a personal injury claim, are divided into two categories: economic and non-economic.

Economic damages include out-of-pocket expenses and can cover current and future losses. Non-economic damages are intangible losses. Here are some of the types of damages you may be able to recover in wrongful death cases:

• Funeral and burial expenses
• Medical expenses, such as hospital bills, related to a fatal injury
• Loss of income
• Loss of household services
• Loss of comfort, companionship, support, guidance, care, love, protection, assistance, affection, society, and moral support from the deceased

Reach out to our Anaheim wrongful death attorneys today to discuss the damages you may be eligible to recover.

How Do You Prove Wrongful Death?

In wrongful death cases, you must prove your loved one’s death was caused by the negligent, careless, or reckless act by another person. You must also have sufficient and quality evidence to support your case. To prove your loved one’s death was wrongful, you must show the four elements of negligence:

Duty of care

The defendant (person accused of negligence) had a legal duty to exercise reasonable care towards the victim.

Breach of duty

The defendant breached their duty by failing to act as a reasonable person would have acted under similar circumstances.

Causation

The defendant’s breach of duty was the actual cause of the victim’s death.

Damages

The plaintiff (the surviving family members) suffered financial losses as a result of the defendant’s breach of duty.

You must also have substantial evidence to meet the required burden of proof. You must be at least 51% sure the death was wrongful: this is known as the “preponderance of evidence.” Meeting this standard of proof is much lower in a civil case than a criminal case where one must prove beyond a reasonable doubt. Overall, proving a wrongful death is a complex and delicate process, but our experienced legal team at The Law Offices of Daniel Kim can help you bring a successful wrongful death claim.

What Are Common Causes of Wrongful Death?

With over two million drivers, Orange County experiences motor vehicle accidents on a daily basis. While most of these accidents result in minor to moderate injuries, some unfortunately lead to the death of one or more individuals. At The Law Offices of Daniel Kim, we represent families who have suffered a devastating loss due to a negligent driver. Here are some of the most common causes of wrongful death in Anaheim, California:

• Car accidents: Vehicle accidents involving intoxicated, distracted, or aggressive drivers are some of the most common causes of death not only in California, but in the U.S.
• Pedestrian accidents: While cities like Anaheim have made efforts to increase pedestrian safety, there is still a risk for pedestrian accidents involving a distracted or speeding driver. According to the California Office of Traffic Safety, 972 pedestrians died in traffic accidents in 2019.
• Medical malpractice: A hospital, doctor, or other health care professional may be liable for medical malpractice if a patient suffers a fatal injury under their care.
• Truck accidents: Truck drivers spend long hours on the road, leading to inattentive or drowsy drivers. Commercial truck accidents can have devastating results due to their large size and weight.
• Workplace accidents: Dangerous or risky jobs may result in a work-related injury. The surviving family members may have grounds to file a wrongful death claim against the company or government responsible.
• Motorcycle accidents: Motorcycle riders are 28 times more likely to die in serious motor vehicle crashes and 4 times more likely to be injured than passenger vehicle occupants.
• Defective products: In cases where a defective product causes an injury or death, a plaintiff can pursue a wrongful death claim. 
• Bicycle accidents: With its mild climate, Anaheim is popular among cyclists who enjoy biking for pleasure or for work. However, negligent drivers can cause serious or fatal injuries to vulnerable bike riders.
• Rideshare accidents: Rideshare companies like Uber and Lyft give incentives for drivers to stay on the road. However, a number of accidents can occur when drivers are tired, distracted, or speeding.

Contact The Law Offices of Daniel Kim Today

If you have suffered a tragic loss of a family member because of another person’s negligence, our Anaheim personal injury lawyer will hold them liable while fighting for maximum compensation. Let us take care of your claim while you focus on healing. Call for a free consultation today.

We proudly serve clients in Anaheim and across Orange County including Anaheim Hills, Downtown Anaheim, Southwest Anaheim, Northwest Anaheim, Northeast Anaheim, Southeast Anaheim, The Colony, West Anaheim, Platinum Triangle, Anaheim Resort, The Canyon and surrounding cities including Brea, Buena Park, Fullerton, Fountain Valley, Garden Grove, Orange, Placentia, Santa Ana, Stanton, Tustin, Villa Park, Yorba Linda, and more.

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Directions to Our Office in Anaheim

Car Accident Lawyer Daniel Kim — Anaheim, CA
Address: 2115 W Crescent Ave Suite #236, Anaheim, CA 92801
Phone: (714) 984-0020

We are conveniently located right off the Santa Ana Freeway. Find us east of Brookhurst Ave. right next to Sa-Rang Community Church and the Southern California Institute of Technology.