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We Win Wrongful Death Cases.

Losing a loved one to someone else’s negligence is devastating. Alongside the emotional toll, families are often left facing unexpected financial burdens, from funeral costs to lost income.

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    Wrongful Death Is Rarely an Accident—These Are the Common Causes 

    At DK Law, we represent families who have lost loved ones in tragic and preventable situations, including:

    Motor Vehicle Accidents

    Car, truck, motorcycle, bicycle, and pedestrian accidents are among the most common causes of wrongful death. Whether due to speeding, distracted driving, drunk driving, or failure to yield, negligent drivers can be held accountable for fatal collisions.

    Defective Products

    When a product is poorly designed, manufactured with defects, or sold without proper safety warnings, the results can be fatal. This includes everything from defective car parts and household appliances to dangerous drugs and medical devices. In these cases, manufacturers, distributors, or retailers may be liable.

    Read More

    Workplace Incidents

    Fatal workplace accidents can occur in any industry, but they are especially common in construction, transportation, and manufacturing. Employers may be held responsible if unsafe working conditions, lack of proper training, or safety violations contributed to the death.

    Premises Liability

    Property owners have a duty to maintain safe conditions. Fatal accidents caused by negligent property maintenance, such as falls from unsafe heights, drowning in unguarded pools, or fires caused by code violations, may give rise to a wrongful death claim.

    Top Insights

    • Surviving family members of the deceased may be able to file a wrongful death case.
    • You have two years from the deceased’s death to file a claim.
    • Wrongful death claims are civil, not criminal, cases.
    • Common causes of wrongful death are motor vehicle accidents, premises liability, and workplace accidents.
    • You must prove the other party was negligent and caused the death of your loved one.
    • An attorney can help you recover financial compensation you are owed.

    How the Law Helps Families Rebuild After a Tragic Loss

    A wrongful death claim arises when someone dies due to the negligent or reckless actions of another party. These are not intentional acts of harm — rather, they’re caused by careless behaviors such as distracted driving or unsafe premises.

    Wrongful death lawsuits allow surviving family members to recover damages, including both economic and non-economic losses, such as:

    • Funeral and burial costs
    • Loss of companionship and emotional support
    • Lost future income and benefits
    • Medical expenses incurred before death
    • Pain and suffering of surviving family members

    Important

    Wrongful death claims are civil lawsuits, meaning they are filed by surviving family members to recover financial compensation. These are separate from any criminal charges the responsible party may face, such as manslaughter or DUI.

    Who Has the Right to Seek Justice After a Loved One’s Death?

    Woman wearing a wedding ring placing red flowers on a grave

    While the law differs from state to state, typically only immediate family members and individuals who were financially supported by the deceased can file a wrongful death lawsuit. Examples of eligible parties include:

    • Spouse or domestic partner
    • Children (including stepchildren)
    • Parents of the deceased 
    • Legal guardians or financially dependent individuals
    • Siblings in some cases

    However, there are some exceptions to the laws that govern personal injury accidents and wrongful death claims. Consult with an attorney as soon as possible to confirm who can file and clarify such legal complexities. 

    Your Legal Window Is Short—Here’s What You Need to Know

    In most wrongful death cases, you have two years from the date of the victim’s death to file a claim. If you miss this deadline, the court will likely dismiss your case — and you’ll lose your right to compensation.

    Don’t wait. Let our attorneys help you understand your timeline and begin building your case today.

    Proving Negligence in a Wrongful Death Case

    To succeed in a wrongful death claim, you must prove that another party’s negligence directly caused your loved one’s death. This involves establishing:

    • Duty of Care – The defendant had a legal responsibility to act safely.
    • Breach of Duty – That responsibility was violated.
    • Causation – The breach led to the fatal accident.
    • Damages – Economic and emotional losses suffered by surviving family members.

    In civil cases like wrongful death claims, the burden of proof is lower than in criminal trials. To hold the defendant liable, the evidence must show it is more likely than not that their actions caused the death. 

    Determining liability, especially after a tragic loss, can put an enormous amount of stress on you. That’s why working with an experienced lawyer takes the burden off you, while significantly increasing your chances of success.

    What Could Your Family Be Entitled to After a Wrongful Death?

    The value of a wrongful death settlement depends on several factors, including:

    • Financial losses (e.g., lost wages, medical bills)
    • Emotional distress and loss of companionship
    • The extent of negligence or fault by the other party

    Damages are separated into two categories: economic damages and non-economic damages. These can include:

    • Loss of Future Earnings: Compensation for financial support the deceased would have provided.
    • Lost Benefits: Coverage for lost health insurance, retirement funds, or other benefits.
    • Fixed Expenses (Medical Bills, Funeral Expenses): Reimbursement for funeral and burial expenses and final medical expenses.

    In some cases, family members may be able to sue for punitive damages. These damages punish the person responsible for gross negligence or intent and allow them to recover compensation for the decedent’s pain and suffering. 

    Our attorneys can help calculate the full value of your case to ensure your family receives everything you’re entitled to.

    Important

    California allows families to pursue a survival action, which is separate from a wrongful death claim. A survival action seeks damages the deceased would have been entitled to if they had survived, such as pain and suffering or lost wages between the injury and death.

    How We Guide You Through the Process

    We understand how stressful it can be to navigate legal action while coping with the loss of a loved one. At DK Law, we aim to simplify the process and advocate for your family at every step.

    Here’s what you can expect:

    Step 1: Free Consultation

    We start by listening to your story and assessing whether you have a valid wrongful death claim. This is always free, with no pressure or obligation.

    Step 2: Building Your Case

    We work with financial experts, medical professionals, and forensic specialists to calculate your full damages, including future financial loss and emotional harm.

    Read More

    Step 4: Negotiation or Litigation

    Most cases settle out of court. But if the responsible party or insurance company refuses to offer a fair amount, we’re ready to take your case to trial and fight for what your family deserves.

    Step 5: Resolution

    Whether by settlement or verdict, we don’t stop until we’ve secured the best possible outcome for your family. You’ll be supported every step of the way.

    What Sets DK Law Apart During Life’s Hardest Moments

    While no amount of money can bring your loved one back, a wrongful death claim can help you recover the financial support you need and hold the negligent party accountable. 

    At DK Law, we’ve guided countless families through this painful process with compassion and results-driven representation. If you’re ready to tell your story, we’re here to listen. Your consultation is 100% free — and you pay nothing unless we win your case.

    About the Author

    Daniel Kim

    He is the founder of DK Law and a nationally recognized personal injury lawyer. Daniel Kim earned his B.S. from the University of Maryland and J.D. from Chapman University. Daniel has recovered $300M+ for injury victims and is a member of elite legal forums.

    Did You Know?

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    Truck Wreck

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    Do I have a case?

    If you were injured due to someone else’s actions – whether a driver, company, or unsafe conditions – you may have a case. Every situation is different, so it’s worth speaking to our legal team to get clarity.

    We’re happy to help.

    How long will my case take?

    Most personal injury cases take a few months to a year to resolve, depending on how complex your case is and how willing the insurance company is to cooperate. We’ll keep you updated throughout the process.

    What should I do after an accident?

    Document everything. Take photos, get witness info, and seek medical attention — even if you feel okay. Then talk to a lawyer before the insurance company calls.

    Will my case go to trial?

    Most cases settle out of court — trials are rare. That said, if a trial becomes necessary to get what you deserve, our team is fully prepared to represent you all the way.

    How much is my case worth?

    It depends on factors like your medical bills, time off work, and pain and suffering.  Our team can evaluate your case during a quick, free consultation.

    How much does it cost to hire a lawyer?

    It costs $0 upfront to hire our team — we only get paid if we win your case. No hourly rates, no surprise fees. You focus on healing, and we’ll handle the rest.

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