A Trusted & Compassionate Wrongful Death Lawyer — Long Beach, CA
The loss of a loved one is devastating, especially when the death was preventable. Surviving family members may be dealing with expensive medical bills, funeral expenses, and burial costs. At The Law Offices of Daniel Kim, we understand that the families of wrongful death victims experience financial strain, mental distress, emotional trauma, and suffering. If the wrongful death was caused by the negligent actions of another person, you may be able to pursue a wrongful death claim.
As a leading Long Beach personal injury lawyer, Daniel Kim can help you pursue compensation for your losses. Our law firm will handle the stressful paperwork, insurance companies, and legal matters, so you can focus on your family and healing. We serve the greater Long Beach area and Los Angeles County.
No Win. No Fee. Guaranteed.
The Law Offices of Daniel Kim operate on a contingency fee basis. This means that our clients don’t have to pay any legal fees upfront. Payment for our legal services will come out of the settlement when the wrongful death case is resolved. If we don’t win your case, you pay us nothing.CALL NOW
Why Hire Daniel Kim as Your Long Beach Wrongful Death Lawyer?
The Law Offices of Daniel Kim proudly maintains a 99% success rate and has recovered over $250 million in verdicts and settlements for our clients. When a loved one is killed due to the reckless, negligent actions of another party, certain family members have the right to pursue a wrongful death claim. A Long Beach wrongful death attorney can help wrongful death victims hold the at-fault party accountable for damages. Although no amount of money can make up for the loss of a family member, compensation can provide financial relief during such an overwhelming and challenging time.
Daniel Kim is an award-winning personal injury lawyer recognized by The National Trial Lawyers, The National Academy of Personal Injury Attorneys, and other accredited trial lawyer associations. As an experienced trial lawyer, he will provide strategic legal advocacy and will handle communications and negotiations with the insurance company. Our law firm will fight tirelessly to hold the other party liable for damages and recover the maximum compensation. Contact us today for a free consultation.
What Is a Wrongful Death Lawsuit?
When a person dies because of another person or entity’s misconduct, reckless, or negligent actions, certain family members are able to pursue a lawsuit against the negligent parties for damages. Examples of losses can include lost income, loss of companionship, and consortium. These are the elements that must be present in order to pursue a wrongful death lawsuit:
- A person died due to another person or entity’s negligence, misconduct, or intent.
- As a result of the person’s death, the surviving spouse or family members suffer damages.
- There is a personal representative of the estate of the decedent.
A Long Beach wrongful death lawyer will help gather evidence and prove your damages. At The Law Offices of Daniel Kim, we know how to deal with the insurance companies and will fight to protect your rights and best interests. We will hold the liable party responsible, and we do not settle for less than our clients deserve.
What Is the Statute of Limitations for Wrongful Death Lawsuits?
After a Long Beach auto accident, it’s best to secure legal representation as soon as possible. According to the statute of limitations in California, a wrongful death lawsuit must be filed within a period of 2 years from the date of your loved one’s death. However, sometimes a loved one’s death isn’t always immediately known.
There is an exception known as the “discovery rule”. There are cases where the amount of time the surviving family members have to file a wrongful death suit is extended. In this case, the statute of limitations does not start to run until the victim’s family members discover that the victim died. If you have any questions about the statute of limitation for your wrongful death case, it’s crucial to consult with a Long Beach wrongful death attorney.
Who Can File a Wrongful Death Claim?
California law allows certain family members to file wrongful death claims. Therefore, it’s important to consult with a wrongful death lawyer to confirm that you are able to file a wrongful death claim. The persons who can file a wrongful death claim in California include the following:
The Decedent’s Surviving Spouse
The surviving spouse or registered domestic partner of the deceased typically has the primary right to pursue a wrongful death claim for damages.
The Wrongful Death Victim’s Surviving Children
The surviving children of the deceased person are able to file a wrongful death claim if there isn’t a surviving spouse or if the surviving spouse waives his or her right of priority. If the surviving children are the biological children, stepchildren, or fully adopted children, they are eligible to file a claim. In the case of minor children, a legal guardian will be appointed to file a claim on the behalf of the minor children.
The Deceased Person’s Parents
If the parents of the decedent can prove that they depended on the deceased person for financial support, they may be able to pursue a claim. In addition, if the deceased individual is a minor, or is not married, the surviving parents will have the primary right to file a claim.
The Decedent’s Putative Spouse
A putative spouse is a person who, in good faith, believes that they were in a lawful marriage with the decedent. A putative spouse has the right to pursue a claim.
Dependent Minors That Live in the Household
If there are minors that lived in the household with the decedent for a period of at least 6 months, they may be able to file a wrongful death claim. Additionally, the minors must have depended on the deceased person for at least half of their financial aid.
The Decedent’s Will
If the deceased person had a will that clearly outlines an executor, that person has the legal priority to file a claim.
A Personal Representative of the Estate
The personal representative of the decedent’s estate is an appointed administrator of the deceased person’s estate. This person is in charge of collecting the assets of the decedent, paying creditors, and distributing the remaining assets to the beneficiaries. The personal representative can file a claim on the behalf of all of the heirs or beneficiaries in interest.
What Damages Are Recoverable for a Wrongful Death Case?
After a loved one’s wrongful death, surviving family members may suffer economic and non-economic damages. A wrongful death claim allows the deceased person’s spouse or close family members to recover financial compensation for their losses. Wrongful death claimants can recover compensation for the following damages:
Economic damages are monetary damages that are typically easy to calculate and can include:
- Medical bills
- Funeral and burial expenses
- Household services/assistance
- Lost income
- Lost future income
- Lost benefits including health insurance
Non-economic damages are more challenging to assign a monetary value to because they are more subjective in nature. These kinds of damages can include:
- Loss of companionship, affection, comfort, care, and love
- Loss of guidance and support
- Mental anguish
- Pain and suffering
- Loss of consortium
Punitive Damages in a Wrongful Death Lawsuit
Punitive damages may be awarded to the plaintiff if the defendant’s actions were intentional or incredibly reckless. Punitive damages are awarded at the court’s discretion and are meant to punish the defendant. However, punitive damages are not available in a wrongful death lawsuit in California.
How Do You Prove Wrongful Death?
Wrongful death claims require significant proof of negligence. The elements that must be proven in a wrongful death case include the following:
- The defendant owed a “duty of care” to the deceased individual.
- The defendant breached the duty of care.
- The defendant’s actions were a direct cause of the accident that led to a person’s death.
- The individual’s death caused the claimants to suffer losses.
Meeting the burden of proof can be complicated in a wrongful death lawsuit. Wrongful death lawyers will thoroughly investigate your case, gather evidence, and consult with expert witnesses. Ultimately, these efforts prove negligence and strengthen your claim.
At The Law Offices of Daniel Kim, we have connections with experts including medical specialists, mental health specialists, engineers, and accident reconstruction experts. Experienced Long Beach wrongful death lawyer, Daniel Kim, will fight tirelessly to help you recover the compensation you are rightfully entitled to. We will handle all legal matters so you can focus on your family and healing from the passing of your loved one.
Call us today to learn more about your legal options. We offer a free initial consultation and are available 24/7 by phone, email, or live chat.CALL NOW
What Are Common Causes of Wrongful Death in Auto Accidents?
Common causes of wrongful death in auto accidents include the following:
- Drunk driving – When motorists drive under the influence of alcohol, it puts everyone around them at risk. In 2020, there were 11,654 traffic fatalities in the US caused by alcohol-impaired driving. Notably, this was a 14% increase from 2019. In Long Beach, there were 543 DUI arrests and 333 victims killed and injured in alcohol-related accidents in 2020.
- Distracted driving – Distracted driving is a leading cause of traffic fatalities in the US. Common distractions that take drivers’ attention off the road include texting or talking on cellphones, eating, adjusting the radio or vehicle controls, and talking with passengers. There were 38,824 total traffic fatalities in 2020 caused by distracted driving.
- Speeding – About 28% of fatal crashes involve speeding. There were 11,258 traffic fatalities caused by auto accidents where at least one of the motorists was speeding. In 2020, there were 308 speed-related fatal and injury crashes in Long Beach.
- Aggressive driving – Aggressive driving is a significant factor in auto accidents. Driving aggressively or recklessly can include driving at excessive speed, erratic lane changing, tailgating, illegally driving on the shoulder and passing where it is prohibited.
- Drowsy driving – Drowsy driving affects motorists’ ability to pay attention to the road, and react, break, or steer suddenly. The National Highway Traffic Safety Administration estimates that there are nearly 800 fatalities each year caused by drowsy driving crashes.
- Disregard for stop signs and signals – When motorists fail to yield to other drivers’ “right-of-way” it can lead to a potentially fatal accident. For example, when motorists drive through red lights and stop signs, it can cause serious accidents. Notably, more than 50% of fatal and injury accidents happen near or at intersections.
At The Law Offices of Daniel Kim, we specialize in wrongful death cases that pertain to car accidents, bicycle accidents, truck accidents, pedestrian accidents, motorcycle accidents, and rideshare accidents. If you lost a loved one in an auto accident, don’t hesitate to reach out to our Long Beach wrongful death attorney.
Contact The Law Offices of Daniel Kim Today
If you lost a loved one in an auto accident that was caused by a negligent party, you may be able to pursue financial compensation. It’s crucial to consult with a Long Beach wrongful death lawyer to learn about your legal options. At The Law Offices of Daniel Kim, we maintain a 99% success rate and have a track record of recovering maximum compensation. We have recovered over $250 million in verdicts and settlements for our clients.
We are proud to serve the neighboring cities of Long Beach and Los Angeles County, including the following: Avalon, Alamitos Beach, Alamitos Heights, Arlington, Bay Harbor, Belmont Heights, Belmont Park, Belmont Shore, Bixby Knolls, Bixby Village, Bluff Heights, Bluff Park, California Heights, Carmelitos, Carson, Cypress, El Dorado Park, Gardena, Hawthorne, Hermosa Beach, Lawndale, Lomita, Longwood, Los Altos, Los Cerritos, Memorial Heights, Naples, Redondo Beach, Rolling Hills Estates, Rose Park, Traffic Circle, Torrance, West Village, Willmore, and Wrigley.
If your loved one’s death was caused by someone else’s negligence, you may be able to pursue compensation. We understand that the wrongful death claims process can be overwhelming and difficult to navigate. Let the best attorney in Long Beach handle your legal matters. Our legal team is available 24/7 by phone, email, and live chat. Call us today to schedule a free consultation.CALL NOW
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Our Long Beach office is conveniently located next to where the 405 and 710 Freeway meets.