Wednesday, March 12, 2025

In the Community: KAIFPA’s 40th Anniversary & Installation Gala

The Law Offices of Daniel Kim at KAIFPA’s 40th Anniversary Gala

The Korean American Insurance & Financial Professional Association (KAIFPA) recently celebrated a monumental milestone—its 40th Anniversary and Installation Gala. The prestigious event, held on March 6th in Los Angeles, was a gathering of professionals, leaders, and community members who share a vision of growth, collaboration, and success within the Korean American community.

The Law Offices of Daniel Kim was honored to sponsor this special occasion, underscoring our commitment to supporting the Korean American community. Although Daniel Kim could not attend the event in person, he recorded a heartfelt message shared with attendees, expressing his gratitude and encouragement for KAIFPA’s inspiring legacy.

As a firm rooted in the values of community and service, we are incredibly proud to be associated with such an influential organization. For decades, KAIFPA has provided a platform for professionals in the insurance and financial sectors to connect, grow, and give back to the community—a mission that resonates deeply with our own.

To the entire KAIFPA team: congratulations on your 40th anniversary and continued success in fostering innovation and leadership. We look forward to future opportunities to collaborate and support your efforts in making a lasting impact.

To watch Daniel Kim’s message, check out the video below.

The post In the Community: KAIFPA’s 40th Anniversary & Installation Gala appeared first on Car Accident Lawyer Daniel Kim - Personal Injury Attorney in California.

Thursday, March 6, 2025

Can I Sue for Emotional Distress?

Filing an Emotional Distress Lawsuit

proving emotional distress
Car accident injuries are typically defined as physical injuries, such as cuts, broken bones, neck injuries, and back injuries. However, injuries sustained in a motor vehicle collision or other personal injury accident can also be emotional and negatively impact your mental health. In California and other states, you can sue for emotional distress caused by someone else’s actions.

One such injury is referred to as emotional distress or emotional trauma. While emotional distress cases can be challenging to prove, having a lawyer on your side can help immensely. Contact our personal injury attorneys today for a free consultation to learn more about how we can help you.

What Does Emotional Distress Mean?

Emotional distress refers to the mental anguish resulting from an incident, such as a motor vehicle accident, that elicits strong negative emotions. It encompasses a range of psychological symptoms, including:

Anxiety
Depression
Insomnia
Fatigue
Post-traumatic stress disorder (PTSD)
Panic attacks
Phobias

Emotional distress typically falls under non-economic damages and is often included in pain and suffering. It can be a significant component of the damages sought by someone in a personal injury case. However, it is generally difficult to prove without a physical injury.

Personal injury law recognizes that not all injuries are physical; mental suffering can be equally debilitating and deserving of compensation.

Types of Emotional Distress Claims

There are primarily two types of emotional distress claims:

Negligent Infliction of Emotional Distress (NIED)

NIED occurs when a plaintiff, such as a car accident victim, suffers emotional trauma from the defendant’s negligent behavior. To establish a claim for NIED, the plaintiff typically must demonstrate:

Duty of Care: The defendant owed a legal duty to the plaintiff.
Breach of Duty: The defendant breached that duty through negligent action or inaction.
Causation: The breach directly caused the plaintiff’s emotional distress.
Damages: The plaintiff suffered measurable emotional distress as a result.

For instance, in Thing v. La Chusa, the California Supreme Court outlined specific criteria for NIED claims, including requiring the plaintiff to be closely related to the injury victim, present at the accident scene, and aware that the victim is injured.

Intentional Infliction of Emotional Distress (IIED)

IIED involves situations where the defendant’s intentional or reckless conduct is so extreme and outrageous that it causes severe emotional distress to the plaintiff.

An example of an IIED claim is a lawsuit filed by Alexis Kelley against actor Sullivan Stapleton, alleging domestic abuse, including assault, battery, false imprisonment, and intentional infliction of emotional distress.

The elements of an IIED claim include:

Intent or Recklessness

The defendant acted intentionally or recklessly.

Extreme and Outrageous Conduct

The defendant’s behavior was extreme and outrageous, beyond the bounds of decency.

Severe Emotional Distress

The plaintiff suffered severe emotional distress as a result.

How to Sue for Emotional Distress

emotional distress evidence such as medical records
If you believe you have suffered emotional distress due to another’s actions, consider the following steps after seeking medical attention:

Consult an attorney: Seek legal advice from an emotional distress lawyer to evaluate the merits of your case and understand the legal standards in your jurisdiction. Most attorneys offer a free consultation.
Gather evidence: You will need to provide the attorney with hard evidence, such as medical records from mental health professionals, witness statements, and any other relevant evidence, to support your claim.
File a claim: Your attorney will draft and file a legal complaint outlining your allegations and the damages sought. They will then move on to the discovery process.
Negotiate: Your attorney will negotiate a fair settlement with the defendant or the insurance company.
Proceed through litigation if needed: If a settlement cannot be reached, your attorney will prepare the case for trial.
Receive a verdict: If you win your case, you may collect the damages and pay the attorney fees. If you lose, you can discuss more options with your attorney, such as an appeal.

It’s essential to understand that emotional distress claims can be complex and challenging to prove. Courts often require clear evidence of severe emotional suffering and a direct link to the defendant’s conduct.

Evidence to Support Your Emotional Distress Claim

Establishing an emotional distress lawsuit necessitates presenting compelling evidence to demonstrate the genuine impact of the distress experienced.

Courts typically require plaintiffs to substantiate their claims with credible and substantial proof. Key forms of evidence include:

1. Physical Manifestations

While emotional distress is inherently psychological, it often manifests physically. Symptoms such as ulcers, headaches, or other stress-related conditions can serve as tangible indicators of emotional suffering. Documenting these physical symptoms can strengthen a claim, as they provide observable evidence of the distress endured.

2. Duration and Persistence

The length of time a plaintiff experiences emotional distress is a critical factor. Prolonged symptoms of anxiety, depression, or trauma can underscore the severity and legitimacy of the claim. Courts may view enduring distress as more credible, especially when it significantly impacts daily life and routines.

3. Medical Documentation

Reports and evaluations from healthcare professionals, including doctors, psychologists, or therapists, are pivotal. These documents provide an objective assessment of the plaintiff’s mental and emotional state, offering professional insights into the extent of the distress. Seeking medical attention promptly after the distressing incident not only ensures proper care but also establishes a documented timeline linking the event to the emotional harm suffered.

4. Severity of the Underlying Incident

The nature and seriousness of the incident leading to the emotional distress are also considered. Traumatic events, such as violent accidents or severe defamation, are more likely to result in recognized emotional distress claims. The more egregious the incident, the stronger the potential for a successful claim.

5. Witness Testimonies

Statements from individuals who have observed changes in the plaintiff’s behavior, mood, or daily functioning can be influential. Testimonies from family members, friends, coworkers, or medical professionals can corroborate the plaintiff’s account, providing personal insights into how the distress has affected their life.

Get the Legal Help You Need After an Injury

neglient infliction claim emotional distress
Proving emotional distress can be daunting, yet talking to an experienced personal injury attorney can provide clarity and guidance for your specific situation.

An attorney can assess the viability of your claim, help gather necessary evidence, and advocate on your behalf to seek the compensation you deserve.

Our law firm is ready to take your call when you’re ready. We are available for a free consultation at (800) 719-9779.

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Wednesday, March 5, 2025

Motorcyclist Killed in Traffic Accident on Highway 32 near Sacramento Avenue [Hamilton City, CA]

Motorcyclist Dies after Crash with Tesla on Highway 32 in Hamilton City

HAMILTON CITY, CA (March 4, 2025) – A motorcyclist was killed in a traffic accident on Highway 32 in Hamilton City Sunday night on March 2.

The fatal accident happened around 6:35 p.m. near Sacramento Avenue. According to the California Highway Patrol, a 2022 Tesla was traveling west on Highway 32 and attempted to make a left turn onto Sacramento Avenue.

Meanwhile, a 43-year-old man from Forest Ranch was riding his 2022 Harley Davidson motorcycle east on Highway 32.

The 40-year-old male of driver of the Tesla from Hamilton City began turning left as the motorcycle approached and did not see the motorcycle.

The motorcycle struck the left front of the Tesla.

After the crash, both the Tesla and the motorcycle continued traveling east, where they struck a stop sign.

The impact ejected the motorcyclist, who died at the scene. His name was not immediately available.

The driver of the Tesla stayed on the scene and cooperated with authorities.

Drugs and alcohol are not believed to be a factor in the crash, which is under investigation.

We would like to extend our heartfelt condolences to the family and friends of the victim.

If you have lost a loved one in a motorcycle accident, hire our top-rated wrongful death lawyers of the Law Offices of Daniel Kim help you get the compensation that you rightfully deserve. Daniel will work with you personally, one-on-one, to better understand your needs and situation. Backed by our seasoned litigators, we will guide you throughout every step of the process. Call us as soon as possible at (800) 895-7199 to schedule your free consultation. You can reach out to us 24 hours a day and 7 days a week. Our team can also help you request a copy of the police report from your loved one’s accident. While you focus on healing and recovery, we will handle the rest.

The post Motorcyclist Killed in Traffic Accident on Highway 32 near Sacramento Avenue [Hamilton City, CA] appeared first on Car Accident Lawyer Daniel Kim - Personal Injury Attorney in California.

Carleton Carlson Hit and Killed by Car on Palo Verde Avenue [Long Beach, CA]

77-Year-Old Man Dies after Struck by Car Long Beach

LONG BEACH, CA (March 4, 2025) – Carleton Carlson was hit and killed by a car in Long Beach Friday evening on February 21.

The fatal crash happened around 7:25 p.m. at the intersection of Palo Verde Avenue and Atherton Street. According to the Long Beach Police Department, Carlson was walking east on Palo Verde when a Toyota Camry struck him.

The impact caused him critical injuries. He was rushed to a hospital, where he later died. He was a 77-year-old Long Beach resident.

Meanwhile, the driver of the Camry stopped and cooperated with police.

Neither speed nor reckless driving were suspected in the crash. Further investigation is underway.

We offer our deepest sympathies to the loved ones and friends of Carleton Carlson.

If you have lost a loved one in a pedestrian crash, you can count on The Law Offices of Daniel Kim to help you with you file a wrongful death case in your area. We work hard day and night to ensure that you receive both justice and compensation that you rightfully deserve. Daniel will work with you personally, one-on-one, to better understand your situation. We will win back what was taken from you. Call us today at (800) 895-7199 to schedule your free consultation today. We work on a contingency basis so you pay no fees unless we win your case. We can also request a copy of the police from your accident. With a success rate of over 99%, you can trust your lawsuit with our team.

The post Carleton Carlson Hit and Killed by Car on Palo Verde Avenue [Long Beach, CA] appeared first on Car Accident Lawyer Daniel Kim - Personal Injury Attorney in California.

Heath Ogle Killed in Hit-and-Run Crash on North Santa Fe Avenue [Vista, CA]

35-Year-Old Man Skateboarder Dies after Struck by Hit-and-Run Driver in Vista

VISTA, CA (March 4, 2025) – Heath Ogle was killed in a hit-and-run crash in Vista Wednesday evening on February 26.

The fatal crash happened just before 10:30 p.m. in the 2200 block of North Santa Fe Avenue. According to the San Diego County Sheriff’s Office, Ogle was riding an electric skateboard when a vehicle struck him.

After striking him, the driver of the vehicle reportedly fled the scene without rendering aid.

A passerby found Ogle’s body and called 911.

Ogle was pronounced dead at the scene. He was a 35-year-old Vista resident, according to the county Medical Examiner’s Office.

Loved ones created a GoFundMe for Ogle’s funeral expenses.

The case remains under investigation. Authorities urged anyone with information to call the San Diego County Sheriff’s Office at 858-868-3200.

We would like to extend our heartfelt condolences to the loved ones of Heath Ogle.

If you have lost a loved one in a hit-and-run crash, let the top-rated wrongful death lawyers of the Law Offices of Daniel Kim help you get the compensation that you rightfully deserve. Daniel will work with you personally, one-on-one, to better understand your needs and situation. Backed by our seasoned litigators, we will guide you throughout every step of the process. Call us as soon as possible at (800) 895-7199 to schedule your free consultation. Our team can also help you request a copy of the police report from your loved one’s accident. While you focus on healing and recovery, we will handle the rest.

The post Heath Ogle Killed in Hit-and-Run Crash on North Santa Fe Avenue [Vista, CA] appeared first on Car Accident Lawyer Daniel Kim - Personal Injury Attorney in California.

Tuesday, March 4, 2025

Traffic Delayed after Two Vehicles Crash into Canyon on Highway 178 [Bakersfield, CA]

Two Vehicles Go off Road into Canyon on Highway 178 [Bakersfield, CA]

Two Vehicles Go off Road into Canyon on Highway 178 in Bakersfield

BAKERSFIELD, CA (March 4, 2025) – Traffic was heavily delayed after two vehicles crashed into the canyon on Highway 178, early Sunday morning.

According to the California Highway Patrol, the incident happened on March 2, at about 6:30 a.m. For reasons still under investigation, at least two vehicles went down the mountain.

Cal Trans arrived at the scene to start traffic control at about 7:30 a.m. As per reports, the canyon reopened shortly after 11:00 a.m.

It is unknown if any injuries were sustained in the crash.

CHP continues to investigate the cause of the accident. Officers will release additional information once it becomes available.

To ensure the safety of all road users, it is important to maintain lane discipline, follow speed limits, and minimize distractions while operating a vehicle. Also, always wear your seat belt. Practice defensive driving and be constantly aware of your surroundings.

If you have been injured in a car accident, you may be entitled to compensation. This can help pay for your medical bills, lost wages, and other accident-related expenses. Let the Law Offices of Daniel Kim help you. Our Bakersfield car accident lawyer provides compassionate and personalized support to our clients throughout the process, ensuring that you are informed of your legal options. Get the legal representation you deserve. Schedule a free, no-obligation consultation today. Call us at (800) 895-7199. Our team works on a contingency fee basis, meaning you owe nothing unless we win your case. Need help after hours? We are available 24/7 to answer your questions. If you need a copy of the police report from your or your loved one’s accident, we can also assist you.

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Motorcyclist Killed in Accident on Washington Boulevard [Pico-Union, CA]

1 Dead in Motorcycle Accident on Washington Boulevard near South New England Street in Pico-Union

PICO-UNION, CA (March 4, 2025) – A motorcyclist was killed in an accident on Washington Boulevard, late Monday evening.

According to the Los Angeles Police Department, the incident happened on February 24, at about 8:45 p.m. For reasons still under investigation, a car and a motorcycle collided at the intersection of Washington Boulevard and South New England Street.

The impact of the crash ejected the rider from his motorcycle.

Emergency crews pronounced the victim dead at the scene. Authorities withheld the identity of the victim, pending notification of next of kin.

Meanwhile, the driver of the vehicle remained and cooperated with investigators.

Los Angeles police continue to investigate the cause of the fatal accident. Officers will release additional information once it becomes available.

The Law Offices of Daniel Kim would like to extend our heartfelt condolences to the family and friends of the victim.

Filing a wrongful death claim is probably the last thing on your mind after losing a loved one in an accident. However, understanding your legal options during this difficult time can help secure the justice that your family deserves. Our Los Angeles wrongful death lawyer will also help your family secure fair compensation for damages, including funeral expenses, lost wages, and emotional distress. Contact the Law Offices of Daniel Kim for a free, no-obligation consultation at (800) 895-7199. We work on a contingency basis, so you have nothing to lose by hiring a lawyer. Need help after hours? Our team is available 24/7 to answer your questions and provide support. We can also assist in obtaining relevant documents, such as police reports, if needed.

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