Costa Mesa Wrongful Death Lawyer

Losing a loved one in a motor vehicle accident is a tragedy no family should ever have to experience. Every year, thousands of Californians suffer the devastating loss of a family member due to a negligent driver. If you have suffered an unexpected loss, our compassionate wrongful death lawyer can obtain justice and financially secure your family’s future.

The Law Offices of Daniel Kim can help you file a wrongful death claim against the at-fault driver to recover compensation for burial expenses, medical bills, future income, and other out-of-pocket expenses. We represent clients across Orange County and Southern California, and we will travel to you if you are unable to visit our law office. We are available 24/7 to discuss your case in a confidential consultation when you’re ready. Make an appointment by calling us at (714) 790-3519, or contact our law firm online.

No Win. No Fee. Guaranteed.

We understand the immense pain survivors carry after a loss. We sympathize with you, and it is our promise not to add to your stress. This is why our personal injury law firm works on a strict contingency fee arrangement. This means that our clients never have to pay upfront legal fees until we win a case and secure a settlement. Contact us for a completely no-risk, free case evaluation with our firm.

Why Hire Daniel Kim as Your Costa Mesa Wrongful Death Attorney?

After a tragic loss, hiring a lawyer might be the furthest thing from your mind. However, in cases where someone is killed due to the negligent or reckless act of another person, the surviving family can sue to hold that person liable and recuperate compensation. Our law firm is experienced in handling wrongful death cases and can help you obtain the justice you deserve.

Daniel Kim is a top-rated personal injury attorney in Costa Mesa, California who has helped numerous clients recover over $250 million in settlements. Since opening his own practice, Daniel has been named a “Top 40 Under 40” by The National Trial Lawyers and is a member of the Million Dollar Advocates Forum, along with over 20 other awards and accolades.

To understand your legal options, speak with Daniel about your case in a personal, 1-to-1 conversation. As a promise to all clients, we will never ask for out-of-pocket fees for our legal services.

What Is a Wrongful Death Lawsuit?

A wrongful death claim is a civil lawsuit filed by a surviving family member or beneficiaries of a person who has died as a result of someone else’s negligence, recklessness, or intentional actions. This type of personal injury lawsuit seeks to hold the negligent person responsible for your loved one’s death and to recover damages for the losses suffered by the survivors. Wrongful death lawsuits are separate from criminal cases and do not result in punishment or jail time.

A wrongful death can arise from a wide range of events, including car accidents, medical malpractice, workplace accidents, defective products, and criminal acts. Wrongful death lawyers are experienced in investigating these types of tragic accidents and determining the cause. In the process known as discovery, a lawyer will gather facts, speaking with experts, and interviewing witnesses. After discovery, cases will usually settle before going to trial. While only a small percentage of these claims go to trial, our team will take your case to court if necessary.

A lawyer can also help you deal with aggressive insurance companies. The insurance company’s primary goal is to maximize profits for their shareholders. As a result, they will try to minimize your claim or deny it altogether. Our experienced legal team knows how to negotiate with insurance adjusters to get our clients maximum compensation, not their lowball settlement offer. To learn more about how a wrongful death attorney can help, call us at (714) 790-3519. 

What Is the Statute of Limitations for Wrongful Death Lawsuits?

It is important to note that there is a time limit for submitting a wrongful death claim, called the “statute of limitations.” In California, the statute of limitations for wrongful death cases is two years from the date of the victim’s death. If this deadline passes, you will lose the opportunity to file a claim. If you believe that you may have a wrongful death claim, consult with an experienced attorney as soon as possible so you do not miss the deadline. 

Who Can File a Wrongful Death Claim?

The person filing a claim is known as the plaintiff, while the person being sued is the defendant. Wrongful death claims are generally filed by close family members or dependents of the deceased person.

Under California law, the following individuals are permitted to file a wrongful death claim:

• Surviving spouse or partner
• Surviving children
• Grandchildren of any deceased child of the decedent
• Parents
• Siblings

If there are no surviving immediate family members, the following people can bring a wrongful death lawsuit if they can show they were financially dependent on the deceased:

• Putative spouse (a person who believes in good faith that they were legally married to the deceased)
• Children of putative spouse
• Stepchildren
• Legal guardians
• Personal representative of the deceased’s estate

What Damages Are Recoverable in Wrongful Death Claims?

The goal of a wrongful death case is to compensate for the economic and non-economic losses that the family members have suffered due to the death of their loved one. Depending on the circumstances of the case, the value of a wrongful death claim can vary. Generally, a claim will include two types of losses, also known as damages:

Economic damages: Compensation for the financial losses suffered by the survivors as a result of the death. They have to be proven with receipts, bills, pay stubs or other financial documents:

• Current and future medical expenses
• Funeral and burial expenses
• Lost wages
• Loss of future earning capacity
• Loss of future benefits

Non-economic damages: Compensation for the emotional and intangible losses suffered by the survivors as a result of the death. There is no limit to the amount of these damages:

• Loss of the decedent’s love, companionship, care, comfort, assistance, protection, affection, society, and moral support
• Loss of intimacy with the decedent
• Loss of decedent’s guidance

While rare, punitive damages may be awarded in cases of egregious misconduct or intentional reckless actions that caused your loved one’s death. Punitive damages can be awarded in a survival action, which is a separate lawsuit that can be filed alongside a wrongful death lawsuit. It’s best to speak with an experienced attorney who can advise you on your legal options and help you seek the compensation you are entitled to.

How Do You Prove Wrongful Death?

To file a wrongful death lawsuit, the survivors must prove that the defendant’s actions or inactions caused the death of their loved one, and that the death resulted in monetary damages. To prove a wrongful death claim, the surviving family members must establish the following four elements of negligence:

1. Duty of care: The defendant had a legal duty to exercise reasonable care to avoid causing harm to the deceased.
2. Breach of duty: The defendant breached that duty of care by failing to act as a reasonable person would have under the circumstances.
3. Causation: The defendant’s breach of duty was the direct cause of the deceased’s death.
4. Damages: The deceased’s death resulted in damages, such as medical expenses, funeral costs, lost income, and emotional distress.

Proving these elements requires a skilled attorney who can gather evidence surrounding the accident, conduct interviews with witnesses, review medical records, and consult with experts.

It is important to note that the burden of proof in a wrongful death case is typically on the surviving family members or beneficiaries, and they must establish their case by a preponderance of the evidence. Our experienced attorney can help you gather and present the evidence needed to prove your case.

What Are Common Causes of Wrongful Death?

Car accidents, medical malpractice, workplace accidents, and product liability are some of the most common causes of wrongful death in the U.S. At The Law Offices of Daniel Kim, we solely represent victims of motor vehicle accidents. Due to the number of drivers in California, there is a large number of auto accidents causing serious injuries and death every year. According to the California Highway Patrol, there were over 260,000 car accidents in California in 2019.

A large percentage of traffic fatalities are caused by driving under the influence, speeding, and distracted driving. These are some common causes of wrongful death that our Costa Mesa personal injury lawyer specializes in and represents at our law firm:

• Car accidents: California is home to over 34 million licensed drivers. Unfortunately, serious car accidents result in catastrophic injuries and death.
• Truck accidents: In 2019, there were over 17,000 truck crashes in California, resulting in more than 2,200 injuries and almost 200 fatalities. A majority of collisions involved commercial trucks. 
• Motorcycle accidents: Motorcycle accidents are 28 times more likely to result in fatalities and 4 times more likely to be injured, according to the National Highway Traffic Safety Administration. Studies show that a majority of these accidents are caused by negligent or careless drivers, and not the motorcyclists.
• Pedestrian accidents: In California, pedestrians are at risk of being hit by a distracted or speeding motorist while walking, jogging, or running. Their lack of protection on the road means pedestrians are likely to suffer more serious injuries.
• Bicycle accidents: Cyclists and motor vehicles must follow the same rules and share the road. However, a distracted or impaired driver may not see a cyclist and cause an accident.
• Lyft and Uber accidents: Rideshare companies and drivers have a responsibility to keep passengers and other drivers safe. A fatal accident can lead to a lawsuit against the driver or rideshare company if they did not properly screen the driver.

Contact The Law Offices of Daniel Kim Today

At The Law Offices of Daniel Kim, we seek justice for families who have suffered a tragic loss in a motor vehicle accident. Our compassionate and dedicated legal team will help you recover financially, emotionally, and mentally in a personal injury case. Schedule your free consultation with our attorney as soon as possible to protect your legal right to financial compensation. We are here for you 24/7 during this difficult time.

Our personal injury law firm works with clients in the Costa Mesa area and throughout Orange County including: Aliso Viejo, Anaheim, Brea, Buena Park, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placenta, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.

Directions to Office in Costa Mesa

Our Costa Mesa auto accident and personal injury attorneys are conveniently located near South Coast Plaza, directly off of the I-405 N. Anton Blvd exit.

The Law Offices of Daniel Kim
Address: 611 Anton Blvd #1000, Costa Mesa, CA 92626
Phone: (714) 790-3519