Rancho Cucamonga Wrongful Death Attorney

Motor vehicle accidents occur daily in Southern California. Tragically, many of them result in fatalities for some or all of the drivers and passengers involved. If you lost a loved one in an auto accident, you may be experiencing mental anguish and financial burdens. Our Rancho Cucamonga wrongful death attorney can fight for justice and compensation for your losses in a wrongful death claim. 

The personal injury lawyers at The Law Offices of Daniel Kim have convenient office locations in Rancho Cucamonga and Victorville, as well as Los Angeles, Riverside, and Orange County. Call us today to schedule your free consultation so we can begin your claim. 

No Win. No Fee. Guaranteed.

The Law Offices of Daniel Kim accepts cases on a contingency, meaning we do not collect upfront legal fees. Instead, we collect a fee if we obtain a settlement or successful verdict for you. We can go more in depth about our contingency fee arrangement during your free case evaluation. 

Why Hire Daniel Kim as Your Wrongful Death Lawyer?

Experiencing an unexpected loss is traumatizing, and choosing the most qualified wrongful death lawyers can be challenging. After all, how can you trust a stranger with such a delicate matter? At The Law Offices of Daniel Kim, we make it easy for you to trust us. Inland Empire wrongful death attorney Daniel Kim and the entire legal team have a proven track record fighting for wrongful death victims and their families. We care deeply about our clients’ well-being. 

We have recovered over $300 million dollars in settlements and received over 40 awards and honors, including Avvo’s “Superb” 10/10 Rating, ThreeBestRated’s Top 3 Best Personal Injury Lawyers in Rancho Cucamonga, and many more. 

To speak with experienced attorney Daniel Kim regarding your case, call us to schedule a free case evaluation. Everything we discuss is kept confidential. 

What Is Wrongful Death?

A wrongful death occurs when a person dies due to another person’s negligence or wrongful conduct. When a wrongful death happens, the surviving family members or the estate of the deceased can file a lawsuit to seek compensation for their losses. Although a criminal prosecution may be related to the death, wrongful death cases are civil cases that are separate from criminal charges.

In California, immediate family members or the spouse have the legal right to file a claim against the responsible party, as long as they can prove they acted negligently and caused the death of their loved one.

Do I Need a Wrongful Death Lawyer?

If you believe your loved one died due to someone else’s negligence, it is important that you speak with a Rancho Cucamonga wrongful death attorney. Wrongful death claims are among the most complex personal injury claims that require a thorough investigation. Wrongful death lawyers can advise you on whether or not your case is valid to obtain financial compensation. 

In addition to proving negligence, a Rancho Cucamonga wrongful death lawyer can help you negotiate with the insurance company. Insurance companies are notorious for offering lowball settlements that do not cover all of the family members’ losses. Our trained legal team goes to bat with the insurance adjuster to ensure you are receiving the maximum compensation. 

Who Can File a Wrongful Death Lawsuit?

The following people may file for wrongful death in Rancho Cucamonga, CA:

• The surviving spouse or domestic partner of the deceased
• The child or children of the deceased
• Dependent minors of the deceased
• Parents or siblings of the deceased 
• Putative spouse or children of the deceased
• Next of kin
• A personal representative of the deceased’s estate 

What Is the Statute of Limitations for Filing a Wrongful Death Claim?

In San Bernardino County, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased’s death. However, there are certain exceptions and rules to the wrongful death statute, such as when the victim is a minor or when the accident involved a government entity. 

It is best to speak with a Rancho Cucamonga wrongful death attorney as soon as possible to stay ahead of the deadline. 

How Is the Compensation for a Wrongful Death Case Determined?

Compensation for a wrongful death case is determined by a settlement agreement between the parties or by the courts. It may include both economic and non-economic damages. The recoverable amount will depend on the plaintiff’s relationship to the deceased, the deceased’s age and income, and the circumstances of the accident. 

Economic damages are the measurable financial losses that result from the death, such as:

• Medical expenses
• Funeral costs
• Lost income
• Loss of inheritance

Non-economic damages are the intangible losses that result from the death, such as:

• Pain and suffering
• Emotional distress
• Loss of companionship
• Loss of consortium

How Do You Prove Wrongful Death?

In order to prove a wrongful death, the plaintiff must establish the following four key elements:

Duty of Care

The plaintiff must prove that the defendant (the person who is being sued) owed a duty of care to the deceased person, which is a legal duty to act reasonably and avoid harm. For example, a driver must operate their vehicle in a safe manner and follow traffic rules to avoid causing harm to others. 

Breach of Duty

The plaintiff must prove that the defendant breached their duty of care by acting negligently or intentionally in a way that caused harm to the deceased person. If the duty is breached through impaired driving, it could serve as the foundation for a wrongful death claim. 

Causation

Under wrongful death law, there must be a direct link between the defendant’s breach and the death. In other words, the death would not have occurred without the defendant’s actions. 

Damages

Lastly, the plaintiff must demonstrate that they incurred monetary and non-monetary damages due to their loved one’s death. These damages can include loss of income, medical expenses leading to the fatal injury, and loss of care and companionship. 

What Is the Burden of Proof in a Wrongful Death Case?

The burden of proof lies with the plaintiff. The plaintiff must establish that the defendant’s negligent actions directly caused the untimely death of their loved one. 

What Are the Different Types of Wrongful Death?

Given the amount of vehicles on the road in California, the most common cause of wrongful death is auto accidents. Auto accidents caused by drunk driving, speeding, distracted driving, and aggressive driving killed almost 4,100 Californians in 2022. 

At The Law Offices of Daniel Kim, we exclusively represent victims of motor vehicle accidents (MVAs). We handle the following types of wrongful death cases at our firm:

• Car accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Motorcycle accidents
• Rideshare accidents 

Frequently Asked Questions

Is wrongful death civil or criminal?

Wrongful death is a civil cause of action, not a criminal one. Wrongful deaths are brought by the deceased’s family member to recover damages such as funeral expenses and lost wages. It does not result in jail time or criminal penalties for the defendant. 

However, sometimes wrongful death cases can be related to criminal cases, if the same act that caused the death also violated a criminal law. For example, if someone is killed by a drunk driver, the driver may face both a criminal charge of vehicular manslaughter and a civil lawsuit for wrongful death.

What should I do if I suspect a wrongful death but I’m not sure?

If you suspect a wrongful death has occurred, reach out to a Rancho Cucamonga wrongful death attorney as soon as possible. They will ask you about the circumstances of the death and if you have evidence that helps support your claims. Only a legal professional can tell you for sure if you have a case. 

Do I have to go to court for a wrongful death lawsuit?

Most wrongful death cases are settled out of court, which means that the parties agree to resolve the case for a certain amount of money without going to trial. A settlement can save time, money, and stress for both sides, as well as avoid the uncertainty and publicity of a trial. 

If a settlement cannot be reached, the case will go to trial, where a judge or a jury will decide the outcome. A trial can take several months or even years to complete.

How long does it take to settle a wrongful death suit?

Wrongful death claims in California can take anywhere from several months to years to settle. The outcome depends on the complexity of the case, if it goes to trial, if the defendant is a minor, and other factors. 

It takes time to thoroughly investigate a case and gather evidence. An experienced wrongful death attorney will be able to give you a more accurate timeline once they have gathered details about the case.

What happens if the defendant is found not guilty in a wrongful death lawsuit?

Since wrongful death lawsuits are civil cases and not criminal ones, there are no “guilty” or “not guilty” parties – only liable or not liable parties. If the defendant is found not guilty, it means that the plaintiff failed to prove that the defendant was liable for the death by a preponderance of the evidence, which is the standard of proof in civil cases. 

If the defendant is not liable, the plaintiff cannot recover any compensation from them.

Contact The Law Offices of Daniel Kim Today

Proving your loved one died from negligence can be a difficult and lengthy legal process. However, this should not prevent you and your family from seeking justice. At The Law Offices of Daniel Kim, our compassionate team is here for you. From the moment you call our Rancho Cucamonga wrongful death attorney, we will get to work and take legal action during this challenging time.

Our Rancho Cucamonga, CA law office never asks for money upfront. You can talk to us risk-free when you call for an initial consultation. Leave the work to us so you are able to grieve and heal from your loss.

Other Practice Areas We Specialize In

Directions to Our Office in Rancho Cucamonga

Car Accident Lawyer Daniel Kim – Rancho Cucamonga Office
Address: 9087 Arrow Route #225, Rancho Cucamonga, CA 91730
Phone: (909) 265-7444