Santa Ana Wrongful Death Lawyer
Are You or Your Family A Victim of a Wrongful Death? We Are Here To Help.
Nothing can prepare you for the unexpected loss of a loved one. When their death resulted from someone else’s negligence, a Santa Ana wrongful death lawyer can help you hold the responsible party accountable through a recovery of your financial losses. This may include funeral expenses, burial costs, and ongoing family financial support.
Chris Kim is a California wrongful death lawyer who stands ready to help you in the wake of an unimaginable loss. He and his team at Chris Kim, APC, are committed to helping you receive full, fair compensation after a wrongful death event.
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Why Choose Kim Law, APC for Your Wrongful Death Case
At Kim Law, APC, the practice of law is a passion, not merely a profession. Christopher Kim and his team approach each case from the belief that their work should contribute to the greater good, uphold human dignity, and offer compassionate advocacy when our clients need it most.
Our approach begins with a thorough review of the accident’s history and its impact on your life. We pay attention to every element of your loss to make a robust case on your behalf. We pride ourselves on clear communication and ongoing collaboration throughout the legal process. We continually refine our skills to deliver the best possible outcomes for our clients.
If another person’s negligence cost a loved one their life, Kim Law, APC can help. Call (213) 246-5550 for a free consultation with a Santa Ana wrongful death lawyer.
What is “wrongful death?”
A sudden loss of life is always devastating, but it is considered wrongful death only when caused by another party’s negligence. Acts of carelessness, recklessness, or failure to maintain reasonable safety standards may all serve as grounds for such a claim. These cases can stem from incidents such as:
- Car accidents
- Motorcycle crashes
- Trucking accidents
- Slip-and-fall injuries
- Workplace accidents
These claims are typically brought against the individual or entity deemed responsible for the incident. However, other parties, insurance companies, employers, or product manufacturers, may also be involved if they share legal responsibility or provide coverage.
Although the at-fault party is usually legally liable, compensation is often paid through their insurance, especially in motor vehicle cases. In certain situations, additional parties may share liability, such as when employer negligence or a defective product contributes to the fatal event.
Even a simple wrongful death case can be complicated by multiple defendants, contested liability, and legal issues. For this reason, we strongly recommend working with a trusted personal injury attorney to resolve your case. Kim Law, APC, offers essential support to families in the process of resolving a wrongful death action. To learn how we can help, call Kim Law, APC at (213) 246-5550 for a free consultation.
How To File a California Wrongful Death Lawsuit
Filing a wrongful death lawsuit in California usually starts with meeting an experienced attorney who can evaluate whether you are eligible to bring a claim. Those who may qualify often include the spouse, domestic partner, children, or other dependents of the deceased.
Once retained, the attorney will investigate the case by reviewing key evidence, including police or accident reports, medical records, and witness statements. They will also submit a demand for compensation to the liable party or their insurance company. If a fair settlement cannot be reached, the attorney will move forward by filing a formal complaint in the appropriate California court, detailing the facts, legal basis, and damages being sought.
Most wrongful death claims in California must be filed within two years of the date of death. (This is known as a statute of limitations.) However, if medical negligence is involved, the deadline may instead be one year from the date the cause was discovered or three years from the date of death, whichever comes first. Additional exceptions apply in legal actions against government entities and for cases involving minors.
Kim Law, APC offers competence, compassion, and expert legal stewardship for all California-based wrongful death claims. Call our Orange County office today for a free consultation: (213) 246-5550.
Wrongful Death Cases: Frequently Asked Questions
How long will my wrongful death lawsuit take to resolve?
The timeline for a wrongful death lawsuit can vary widely depending on the specifics of the case. If liability is clear, and both sides agree to a settlement before a lawsuit is formally filed, the matter may be resolved in just a few months.
However, if fault and/or damages are in dispute, your case may move into litigation. This process often takes much longer, especially if it involves a long discovery period or delays in going to trial. Large economic damages, like medical bills or lost wages, may result in a delay as well.
Having an experienced Santa Ana wrongful death attorney can make a significant difference. Skilled representation not only helps streamline the process but can also lead to faster resolutions and stronger settlement outcomes. To discuss your case through a free case consultation, call Kim Law, APC.
How do you win a wrongful death lawsuit?
To successfully resolve a wrongful death lawsuit, you must prove that the defendant’s negligence directly led to the death in question. This requires establishing several essential elements:
- Duty of care/breach of care: You must present evidence that the defendant had a legal responsibility to act with reasonable care toward the deceased, and that they failed to uphold that duty.
- Causation: You must demonstrate that this negligence was a direct cause of the fatal incident, whether wholly or partially, and that the wrongful death resulted from the defendant’s behavior.
- Damages: Next, you must prove the financial and emotional losses suffered by you and your family as a result of the wrongful death. This generally includes both economic damages (such as medical costs, funeral/burial expenses, and loss of family income) as well as non-economic damages (including pain and suffering).
Wrongful death cases often bring significant emotional and financial strain on families. At Kim Law, APC, we strive to lessen that burden by working on a contingency fee basis—you pay nothing unless we secure compensation for you. To learn how we can assist, call (213) 246-5550 to schedule a consultation.
Who can bring a wrongful death lawsuit in California?
In California, only certain individuals are eligible to file a wrongful death lawsuit. These generally include:
- The surviving spouse or registered domestic partner of the deceased
- The deceased’s children, whether biological or legally adopted
- Grandchildren, if the deceased’s children have also passed away
- Other financial dependents, such as stepchildren, minors in the household who relied on the deceased for at least half of their support, or putative spouses (those who reasonably believed they were married to the deceased)
- The parents of the deceased, when there is no surviving spouse, partner, or children
- The personal representative of the estate, if no immediate family members or dependents are available to bring the claim
California law requires that all qualified heirs and beneficiaries join together in a single wrongful death action. Multiple lawsuits for the same death are not allowed. Priority typically goes to the closest relatives, but if none are available, other dependents or eligible heirs may have the right to pursue the case. To discuss your California wrongful death lawsuit, call Kim Law, APC: (213) 246-5550.
Is wrongful death considered a crime?
Wrongful death is not a crime; it is a civil legal action. It allows certain surviving family members, or the deceased’s estate, to seek financial compensation when a death results from another party’s negligence. While the same incident may also give rise to criminal charges such as manslaughter or homicide, those proceedings are processed separately from a wrongful death case.
Will I have to pay taxes on a wrongful death settlement?
In most situations: no. According to IRS Rule 1.104-1, wrongful death settlements are generally exempt from taxation at both the federal and state levels in California because they are considered compensatory damages related to personal injury or illness. This means that compensation for medical bills, funeral costs, loss of companionship, and emotional distress resulting from the death is typically not subject to tax.
However, there are some exceptions that survivors should be aware of. Punitive damages, awarded to punish the responsible party rather than to compensate the family, may be taxable. Any interest that accrues on the settlement before funds are distributed can also be subject to tax. In addition, if part of the settlement represents lost wages that the deceased would have earned and those wages would have been taxable, then that portion may need to be reported. Finally, if you previously claimed medical expenses related to the death as deductions on your personal tax returns, reimbursement for those expenses through the settlement may create a tax liability.
Disclaimer: This information is provided for general educational purposes only and should not be considered financial or legal advice. For guidance tailored to your specific circumstances, you should consult a qualified accountant or tax attorney.
How do I find the best wrongful death attorney near me?
“Best” can mean different things depending on your case, but there are certain qualities to look for when selecting an attorney. Experience in personal injury and wrongful death cases is essential, as is a proven track record of success. Take the time to read client reviews, ask for referrals, and schedule free consultations; many attorneys offer these services. These meetings will enable you to gauge their communication style, responsiveness, and overall approach to handling your case.
Choosing a competent wrongful death attorney after the death of a loved one is one of the most important decisions you can make. Your wrongful death lawyer will guide you through every stage of the legal process and can have a major impact on both the outcome of your case and your financial future. Settlements in these cases are often significant; working with a skilled and compassionate firm like Kim Law, APC can help ensure your family receives the justice and compensation you deserve.
To learn how the team at Kim Law, APC can help, call (213) 246-5550.