A San Diego Wrongful Death Lawyer You Can Trust

Everyday, millions of Californians get into their motor vehicles to travel to work, school, or home. All of us are aware of the dangers of driving, but none of us expect a sudden tragedy. If your loved one lost their life in an auto accident, we can help you recover compensation and hold the other person liable for their actions.

Our wrongful death attorneys take on accident and injury cases throughout San Diego and Southern California. We are experienced in filing wrongful death claims and awarding grieving family members maximum compensation. You may visit our office or we can come to you. Our compassionate team is ready to fight for you.

No Win. No Fee. Guaranteed.

At The Law Offices of Daniel Kim, we will work hard to achieve the best possible outcome in your case at no upfront cost. As part of our contingency fee basis, we never charge any fees unless and until we win your wrongful death case. Call us to find out how we can help you get financial support.

If you’re looking for an experienced San Diego personal injury lawyer to discuss your options, call us today to request a free, no obligation, case assessment with our team of legal professionals who can help you evaluate the strength and weaknesses of your case as it pertains to your specific accident case.

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Why Hire Daniel Kim as San Diego Your Wrongful Death Lawyer?

Recognized by The National Trial Lawyers Top 40 Under 40, Best Attorneys in America, and many other prestigious legal institutions, Daniel Kim is a top-rated San Diego wrongful death lawyer who is dedicated to helping families find closure after tragic auto accidents. Since opening his own law practice, Daniel has fought tirelessly to help the victim’s surviving family members recover from a fatal accident caused by someone else’s negligence. Recouping financial losses is his top priority, which is why he has recovered over $250 million in settlements and maintains a 99% success rate.

Once you hire Daniel, he and his team will take over communication with the insurance company, who will try to close your claim as quickly as possible. We have years of experience dealing with aggressive insurance adjusters, and we will protect you from their misleading tactics. We are also dedicated to getting you medical or psychiatric treatment to ease your pain.

Our law firm is available to discuss your wrongful death action in a 100% free consultation at no risk or obligation. Call us at (619) 639-9063 to get started.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil procedure that is separate from criminal prosecution. The purpose of a wrongful death claim is to compensate the surviving family members for their losses, such as funeral and burial expenses, medical expenses, and lost income. The family must prove that their loved one died due to someone else’s negligence or wrongful act, and they must show they suffered damages as a result of the death. On the other hand, a criminal case involves the intentional death of another person. If your loved one died in an intentional, criminal act, it is still possible to pursue a separate wrongful death claim.

A personal injury attorney will help investigate the circumstances surrounding your loved one’s death, gather the evidence, and work with experts to prove the other party’s negligence. While these types of cases are complex, having a wrongful death attorney on your side will greatly impact the trajectory of your case.

What Is the Statute of Limitations for Wrongful Death Lawsuits?

There is a time limit to file a wrongful death lawsuit. In California, a claim must be filed within two years of the deceased person’s death.

While there are a few exceptions, it’s best to speak with an experienced attorney as possible so you do not lose out on recovering damages.

Who Can File a Wrongful Death Claim?

Typically, only immediate family members of the deceased can file a wrongful death claim. Under California law, the following people are allowed to file wrongful death cases, in order of priority:

• The deceased person’s surviving spouse or partner
• The deceased person’s children
• The deceased person’s grandchildren
• If there are no surviving spouse or children, a claim may be filed by the decedent’s parents, siblings, or stepchildren
• Putative spouse 
• Children of putative spouse
• Personal representative of the deceased person’s estate 

What Damages Are Recoverable in Wrongful Death Claims?

The main goal of a wrongful death case is to recover financial and non-financial losses suffered by the surviving family members. Like with most personal injury claims, damages in a wrongful death claim are divided into two categories: economic and non-economic damages. Economic damages are represented by a dollar amount, while non-economic damages represent intangible losses. These are the types of damages you may be able to recover in your San Diego wrongful death claim:

• Medical expenses
• Burial and funeral expenses
• Loss of household services from the deceased
• Loss of financial support from the deceased 
• Loss of companionship, guidance, attention, moral support, love, and affection from the deceased

In rare cases, punitive damages may be awarded if your loved one’s death was especially egregious or reckless. You may be able to recover additional damages in a survival action, which can be filed alongside a wrongful death case. Our attorneys can go into more detail about these damages in a free call.

How Do You Prove Wrongful Death?

In most San Diego wrongful death cases, negligence plays a major factor. For example, a drunk driver who causes a fatal accident would be found negligent, and therefore held responsible for the death. Wrongful death follows the same elements of negligence as most personal injury cases. They are as follows:

• The defendant had a duty of care to the victim.
• The defendant failed to uphold their duty of care.
• The defendant’s negligent actions directly caused the victim’s death.
• The victim’s family suffered damages.

In addition to proving these elements, the plaintiff must also establish the burden of proof. Proving the defendant “more likely than not” caused the accident and the death is also known as the preponderance of evidence. To put it more simply, this means your claims are at least 50.1% true. This standard is much lower in civil cases than criminal cases, where the burden of proof must be proven beyond a reasonable doubt.

Upon hiring our experienced wrongful death lawyer, he will work with you to build your claim by gathering evidence, coming through witness testimony, and reviewing medical records. To get the discovery process started, schedule your free consultation.

What Are Common Causes of Wrongful Death?

According to the Centers for Disease Control and Prevention (CDC), unintentional injury deaths are the fourth leading cause of death in the U.S., resulting in over 130,000 deaths each year. The leading wrongful death cases in the U.S. are:

Car accidents

Auto accidents involving intoxicated, distracted, or reckless driving are the most common causes of wrongful death. In 2019, there were 3,606 traffic fatalities in California.

Truck accidents

An accident involving a semi-truck and passenger vehicle can cause fatal injuries, due to the sheer size and weight of the truck. A lawsuit can be filed against the truck driver or truck company.

Motorcycle accidents

Motorcycle riders lack the safety protections of a car, therefore the risk of injury and death are much higher. Many serious motorcycle accidents are caused by negligent or impaired drivers.

Medical malpractice

Medical professionals who fail to uphold their duty of care may be liable in medical malpractice cases in the event of a wrongful death.

Bicycle accidents

Bike riders and motorists must obey the same rules on the road. However, a cyclist is more likely to suffer fatal injuries due to their lack of protection.

Defective products

A family member can file a product liability lawsuit if a faulty product or design defect results in a death.

Pedestrian accidents

Accidents involving pedestrians are more likely to result in fatalities as pedestrians are the most vulnerable people on the road.

Workplace accidents

An unsafe work environment can lead to a work-related injury or death. If the company did not provide adequate safety to their employees, they will be held liable.

Rideshare accidents

Rideshare drivers for Uber and Lyft can cause a fatal accident resulting in death. In these cases, the family may be able to sue the driver or the rideshare company, depending on the driver’s status.

At The Law Offices of Daniel Kim, our wrongful death lawyers focus exclusively on motor vehicle accident cases. If you lost a loved one in an auto accident, we can help you seek compensation and a fair outcome in a personal injury lawsuit against the at-fault driver.

Contact The Law Offices of Daniel Kim Today

A tragic loss deserves justice. Our wrongful death attorneys will investigate all of the details and bring a successful wrongful death claim against the negligent person who caused your loss. We will not stop fighting for you until we secure a fair and just outcome. Our compassionate and dedicated team is available around the clock to address your needs. Call us to schedule a 100% free consultation.

Our wrongful death attorney represents surviving family members in San Diego and the surrounding cities of San Diego County including La Jolla, Del Mar, Carlsbad, Encinitas, Solana Beach, Oceanside, Vista, San Marcos, Escondido, Poway, Rancho Bernardo, Rancho Penasquitos, Scripps Ranch, University City, Pacific Beach, Mission Beach, Ocean Beach, Downtown San Diego, Hillcrest, North Park, South Park, Chula Vista, National City, Imperial Beach, and Coronado.

Car Accident Lawyer Daniel Kim
Address: 1111 Sixth Avenue, Suite 231 San Diego, CA 92101
Phone: (619) 639-9063
 
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