Victorville Wrongful Death Attorney

Losing a loved one in a motor vehicle accident is traumatic. Unfortunately, due to the millions of careless and negligent drivers on the road, accidents can happen suddenly and without warning. If you have lost someone in an auto accident due to someone else’s negligence, you have the right to file a wrongful death claim and seek financial compensation.

Our Victorville personal injury lawyer can help you look into your legal options and file a claim. Call us today at (760) 552-7412 to schedule your free consultation.

Our wrongful death attorney serves clients in nearby neighborhoods and communities in the Victorville area and throughout San Bernardino county including: Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Yucaipa, and Yucca Valley.

No Win. No Fee. Guaranteed.

Our law firm works on a contingency fee basis. We do not charge any out of pocket or legal fees until we win your case and you receive fair and full compensation. Feel free to contact us for more information about our services and to book your free case evaluation.

Why Hire Daniel Kim As Your Victorville Wrongful Death Lawyer?

Daniel Kim is an award-winning personal injury lawyer dedicated to helping Victorville and San Bernardino accident victims. As a plaintiff’s lawyer, Daniel has his clients’ best interests in mind, and he never represents the big insurance companies. Since opening his own practice, he has recovered over $250 million for his clients and has won numerous awards including the prestigious Martindale-Hubbell Platinum Client Champion Award.

Daniel is a tough negotiator and an excellent problem solver. Over the course of his career, he has represented countless motor vehicle victims and their families recover compensation and get back their peace of mind. He will fearlessly fight against the biggest insurance companies and go to trial if a fair settlement can’t be reached.

The Law Offices of Daniel Kim is dedicated to helping all accident victims and their families, regardless of their economic background. This is why we never charge any fees until you are paid. Consult with a wrongful death attorney in a free, confidential consultation.

What Is a Wrongful Death Lawsuit?

Wrongful death is defined as the death of a person “caused by the wrongful act or neglect” of another person, such as when a negligent driver causes an accident and the victim suffers fatal injuries. After a tragedy like this occurs, the surviving family members can sue for wrongful death. This is a civil lawsuit that is meant to award compensation, like funeral expenses and lost wages, to the surviving family due to the death of a loved one. It is important to note that wrongful death lawsuits are not criminal cases and do not result in jail time or probation for the defendant.

A Victorville wrongful death lawyer will know what steps to take and who to obtain evidence from. It is critical to hire an experienced wrongful death lawyer with trial experience in the event your case goes to court. Additionally, having a legal team means you won’t have to make constant calls with the insurance company. Insurance companies are known for having extremely tough defenses, but our team will stand our ground and always fight for maximum compensation.

What Is the Statute of Limitations for Wrongful Death Lawsuits?

There is a limited time to file a wrongful death action. In California, residents have two years from the death of their loved one to bring a wrongful death case to court. If your case is not filed by this deadline, it will be dismissed.

Who Can File a Wrongful Death Claim?

According to California law, the following people can file a wrongful death lawsuit:

• The decedent’s surviving spouse or domestic partner
• The decedent’s surviving children 
• Grandchildren of any deceased child of the decedent 
• The decedent’s parents

If there are no surviving immediate family members, the lawsuit can be filed by anyone entitled to the deceased’s estate such as other heirs or a dependent minor(s) who lived with the deceased for at least six months.

If none of the above family members apply, a lawsuit can be filed by anyone who would be entitled to the deceased’s property as stated by California’s intestate succession laws.

What Damages Are Recoverable in a Wrongful Death Case?

Once the surviving family members have been identified, they can begin the process of filing a personal injury claim to seek financial compensation, known as damages, for the loss of their loved one. Damages are divided into two categories: economic and non-economic.

Economic damages

These out-of-pocket expenses are calculated using hard evidence, such as invoices, bills, receipts, and the decedent’s past pay stubs. They can include:

• Medical expenses
• Funeral and burial expenses
• Loss of income and loss of future earning capacity
• Loss of household services
• Loss if benefits, including insurance coverage

Non-economic damages

These damages represent the intangible losses suffered by the surviving loved ones as a result of the decedent’s loss.

• Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support provided by decedent
• Spouse or partner’s loss of enjoyment of intimacy with the decedent
• Loss of decedent’s training and guidance

In some cases, punitive damages can be recovered through a survival action claim. This lets the heirs of the estate bring a claim on behalf of the deceased, and it can be filed alongside a wrongful death claim. Victorville personal injury attorneys can discuss how to recover damages.

How Do You Prove Wrongful Death?

In order to recover financial compensation in a wrongful death case, you must prove the driver behaved negligently behind the wheel and caused the death of your loved one. Proving liability in a civil lawsuit is very different from a criminal case where you must prove negligence “beyond a reasonable doubt.” In wrongful death cases, like most personal injury cases, the plaintiff must prove these four elements:

• Duty of care: Just like a medical practitioner has a duty of care to a patient, a vehicle driver has a duty of care to another driver to drive safely and respect traffic laws.
• Breach of duty: A driver’s duty of care is breached when they fail to obey laws, speed, drive recklessly, drive while intoxicated and so on.
• Causation: The driver’s negligence directly caused the accident and the death.
• Damages: The family of the deceased suffered financial and non-financial losses from the death.

For each of the elements listed above, you must meet the burden of proof. This is the standard evidence you must present to back up your claims. The “more likely than not” standard is known as the “preponderance of the evidence.”

An experienced attorney will be able to prove all elements of negligence and provide expert testimony to support a case. Don’t wait to speak with a Victorville wrongful death lawyer today.

What Are Common Causes of Wrongful Death?

California has over 25 million drivers – the most of any state in the US. Given this massive number, auto accidents are an unfortunate but common occurrence. In 2021, there were a reported 4,258 motor vehicle deaths in California, a 10% increase from the previous year. Traffic fatalities make up a large portion of wrongful death claims. Below are some of the common causes of wrongful death cases that we represent at our firm.

• Car accidents: Speeding, reckless driving, distracted driving, and driving under the influence are the most common causes of auto injury and death.
• Truck accidents: Accidents involving large trucks and commercial vehicles often cause more serious injuries due to their size and weight.
• Bicycle accidents: Citywide efforts to make California’s streets safer for bicyclists haven’t completely eliminated bike accident injury and death. According to California Health Line, from 2016 through 2018, 455 cyclists were killed in traffic accidents.
• Pedestrian accidents: Pedestrian accidents are more likely to result in fatalities because pedestrians have little to no protection on the road. Many pedestrian fatalities occur in urban areas and away from intersections where drivers speed.
• Rideshare accidents: Rideshare accidents and car accidents happen for the same reasons. If a rideshare driver or an accident with a driver causes a death, the surviving family can sue the driver or rideshare company.

Contact The Law Offices of Daniel Kim Today

A Victorville wrongful death lawyer can help you seek peace of mind and closure after the tragic loss of a loved one. Through our competent and compassionate legal representation, our law firm has maintained a 99% success rate. To find out more about the benefits of a Victorville wrongful death claim, call us at or fill out an online contact form. We are ready to help you move forward following your loss – all you have to do is call.

Other Practice Areas We Specialize In

Directions to Our Victorville Office

Our Victorville office is located right off the 15 freeway. We are located about seven miles from the Southern California Logistics Airport.

Car Accident Lawyer Daniel Kim — Victorville, CA
Address: 14359 Amargosa Rd. Suite S, Victorville, CA 92392
Phone: (760) 552-7412

Our personal injury law firm is located just north of the Victorville Sheriff’s Department and just west of Victorville Superior Court.