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Fresno Wrongful Death Lawyer
The loss of a loved one is a devastating experience, especially when the death was preventable. The grieving process is emotionally taxing and can become more stressful when you are also dealing with financial strain. Funeral and burial expenses, as well as medical bills and other costs related to the accident, can add up quickly. If your loved one was killed in a Fresno auto accident, caused by someone else’s negligence, you may be able to pursue compensation for your losses. A Fresno wrongful death lawyer can help you recover full and fair compensation.
At The Law Offices of Daniel Kim, we serve wrongful death victims throughout the greater Fresno area and have successfully recovered over $250 million in verdicts and settlements for our clients. A Fresno wrongful death lawyer can help you hold the responsible party accountable for damages suffered. We will fight to protect your family’s best interests and resolve your wrongful death case in a timely manner. Schedule a free consultation with our Fresno personal injury lawyer today to get started.
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Why Hire Daniel Kim as Your Fresno Wrongful Death Lawyer?
Award-winning car accident lawyer, Daniel Kim has been recognized by distinguished associations including the National Academy of Personal Injury Attorneys, The National Trial Lawyers, and the Elite Lawyers of America.
At The Law Offices of Daniel Kim, our compassionate team works as advocates for surviving family members to help recover compensation for their losses. Unlike other personal injury law firms in Fresno, we work exclusively with auto accident cases and maintain a 99% success rate. Our personal injury lawyers have a proven record of obtaining the maximum compensation available for our clients.
Additionally, our law firm works on a contingency fee basis. Therefore, our clients will not be charged legal fees until we win their case. This eliminates the burden of having to pay attorney fees throughout the wrongful death case and allows our clients to focus on healing. To learn more, call us to schedule a free consultation.
What Is a Wrongful Death Lawsuit?
When someone dies as a result of another person’s misconduct, negligence, or wrongful act, the surviving spouse or family members may be able to pursue compensation for wrongful death. After the loss of a spouse or family member, survivors may be dealing with medical expenses, funeral costs, lost income, emotional distress, and mental anguish.
Our Fresno wrongful death attorney can help victims file wrongful death claims to recover damages and obtain an optimal outcome. We understand that no amount of financial compensation can make up for the losses suffered, however, an attorney can help surviving family members remain financially stable after a loved one’s passing. We are dedicated to helping our clients obtain justice and hold the liable party responsible. Our Fresno wrongful death attorney will guide you throughout your entire wrongful death claim and will provide strategic legal advocacy.
At The Law Offices of Daniel Kim, our experienced wrongful death attorney will work to negotiate wrongful death settlements out of civil court. However, we prepare each Fresno wrongful death claim for going to trial and will represent you in court, if necessary.
Our law firm knows how to handle the misleading tactics that insurance adjusters use against victims. Insurance adjusters are well-prepared to find reasons to justify a low settlement offer or deny a wrongful death claim entirely. We keep your best interests in mind, including your physical, emotional, mental, and financial well-being.
What Is the Statute of Limitations For Wrongful Death Lawsuits?
It’s important to secure legal counsel quickly when you want to pursue compensation for damages in a wrongful death claim. California’s statute of limitations is two years from the date of your loved one’s passing. It’s crucial to file a lawsuit in a timely manner because when the statute of limitations runs out, the plaintiff(s) may be barred from filing a lawsuit.
However, there are some situations where the statute of limitations may be extended. The discovery rule allows the court to extend the statute of limitations when the plaintiff(s) didn’t discover the decedent’s injuries and damages until some time had passed after the incident. Sometimes injuries aren’t immediately apparent and may be discovered weeks or months after the auto accident.
In other wrongful death cases, a victim’s family may not have learned about the passing of their loved one until some time later. If you have any questions regarding the timeframe you have to file a wrongful death lawsuit, it’s best to consult with a Fresno wrongful death lawyer.
Who Can File a Wrongful Death Claim?
It’s important to know who can file a wrongful death suit in California before pursuing damages after a loved one’s death. The following individuals may be able to file a lawsuit for wrongful death in California:
The Deceased’s Surviving Spouse
The surviving spouse of the decedent has the right to pursue damages by filing a wrongful death lawsuit. In addition, domestic partners and putative spouses may be able to file a lawsuit. A domestic partner is someone who lived with the decedent and shared a domestic life without being married. A putative spouse is someone who holds good faith that they have been living as a married person with their significant other. However, the marriage is legally invalid due to a legal error. For example, the ‘putative spouse’ is unaware that his or her partner is already married. The putative spouse still has the right to seek compensation for their losses.
The Decedent’s Surviving Children
The decedent’s biological children, adopted children, and stepchildren have the right to file a wrongful death lawsuit. If the children are minors, a guardian will be appointed to help pursue a claim on their behalf.
Minors Who Lived With the Decedent
If there are minors who were financially dependent on the deceased person, they may have the right to seek compensation. The minors must have lived with the decedent for a period of at least 6 months. In addition, they must have depended on the decedent for at least half of their financial support.
The Deceased Person’s Surviving Parents
If the deceased person’s parents were financially dependent on the decedent, they may be able to file a claim. If the deceased person was a minor, unmarried, or did not have children, the surviving parents will have a right of priority to pursue a claim for their losses.
A Personal Representative of the Deceased Person’s Estate
The personal representative of the decedent’s estate can file a claim on the behalf of all of the parties who are entitled to the estate’s property. The personal representative can help arrange funeral services, and determine the value of the estate.
What Damages Are Recoverable For a Wrong Death Case?
If you lost a loved one in an accident caused by a negligent party, you may be able to recover compensation for your losses. A Fresno wrongful death lawyer can help you hold the at-fault party responsible for damages and expenses you’ve incurred as a result of your loved one’s death.
Economic Damages
Economic damages are typically easier to prove because they have a monetary value. These types of damages can include:
- Medical expenses
- Funeral home costs
- Burial expenses
- Ambulance fees
- Lost wages
- Pension plans
- Lost health insurance coverage
- Lifetime income
- Household services
Non-Economic Damages
Non-economic damages are more subjective damages and can include:
- Loss of consortium
- Loss of companionship, love, care, affection, emotional and moral support
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
What Is the Burden of Proof in a Wrongful Death Case?
There are four key factors in a wrongful death case in order for surviving family members to seek damages in a wrongful death claim. These elements include negligence, breach of duty, causation, and damages. To meet the criteria needed to be able to claim wrongful death action, you must prove the following:
Negligence
The plaintiff(s) must be able to prove that the death of their loved one was caused by the defendant’s negligent actions or recklessness. For example, if the defendant was texting while driving at the time of the accident, this would be considered distracted driving.
Breach of Duty
The plaintiff(s) must prove that the defendant owed a “duty of care” to the deceased victim. All drivers in California have a duty of career to operate their motor vehicles safely and obey traffic laws and signals. The plaintiff(s) must establish that the duty of care existed and that it was breached by the defendant.
Causation
The plaintiff(s) also need to prove that the defendant’s breach of duty caused the accident. For example, the defendant was distracted due to texting while driving and collided with the decedent’s car. In this case, the defendant’s reckless actions caused the fatal accident.
Damages
The plaintiff(s) will need to prove that the loss of their loved one resulted in direct damages. For example, financial losses can include medical bills, funeral expenses, and lost income. More subjective damages can include the loss of companionship, love, care, and comfort.
What Are Common Causes of Wrongful Death?
Common causes of wrongful death include the following:
Car Accidents
Motor vehicle accidents are a common occurrence in California. Overall, there were about 3,606 traffic fatalities in 2019. That year, 254 victims were killed and injured in Fresno auto accidents.
Truck Accidents
Truck accidents are especially dangerous due to the weight and size of commercial trucks. In 2020, 4,842 large trucks were involved in fatal crashes across the United States. Large trucks account for 9% of all motor vehicles involved in fatal collisions.
Pedestrian Accidents
Pedestrian accidents are common in congested Urban cities including Fresno. There were 972 pedestrian fatalities in California in 2019. Fresno auto accidents accounted for 43 pedestrians killed and injured.
Bicycle Accidents
The number of bicycle accidents in the United States has been increasing each year. In 2020, there were 1,260 preventable deaths from bike accidents, a 16% increase from the previous year.
Motorcycle Accidents
Motorcycle accidents are especially dangerous for motorcyclists. Motorcycle riders are about 28 times more likely to die in a motor vehicle crash than passenger vehicle occupants. Motorcycle crashes in California accounted for 474 traffic fatalities in 2019.
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Car Accident Lawyer Daniel Kim — Fresno, CA
Address: 1221 Van Ness Ave, Suite 406, Fresno, CA 93721
Phone: (559) 552-7711
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