Dana Point Wrongful Death Lawyers

All families cherish their loved ones and hope to have them around for many years to come. However, sometimes through shocking accidents or the negligence or incompetence of others, a loved one is taken from you too soon. When that happens, Dana Point wrongful death lawyers at Neale & Fhima can help you with a legal claim for compensation. We know that money will not bring your loved one back, but it can help provide for the care of surviving family members in the future.

It is hard to think about the legal system when you are grieving the loss of a loved one, and that is why we step in and handle all legal matters for you. We treat every client with respect and compassion, and we fight for the maximum payout possible in every case. Whether your loved one died in a car accident, fall, or another tragic event, we are here to help.

Why Choose Neale & Fhima

At Neale & Fhima, our legal team is second to none. Attorney Aaron Fhima is a tough negotiator with a keen legal mind. He knows the nuances and complexities of California state statutes and case law, and he can explain them in plain language. At Neale & Fhima, we use our knowledge to work for you.

How We Can Help

Our Dana Point wrongful death attorneys have handled hundreds of claims where injured victims suffered due to someone else’s negligence. Here are ways we can help you file a wrongful death claim. We will:

1. Explain your legal rights and your options for a remedy
2. Gather police reports, surveillance videos, texts, emails, photos, medical records, municipal or corporate documents, and other evidence to prove your claim.
3. Interview witnesses who were at the scene of the injury when it happened
4. Conduct a thorough review of the defendant’s insurance policies to determine the maximum coverage
5. Hire expert witnesses, if needed, including medical specialists, accident scene reconstructionists, and others
6. Craft and file all necessary documents and appear in court proceedings
7. Build a compelling case based on California statutes and legal opinions
8. Negotiate assertively on your behalf with insurance companies to get the maximum payout possible
9. Litigate your claim in court, if necessary.

Our Dana Point wrongful death lawyers will go above and beyond when fighting for the financial compensation you deserve. To find out more about how we can help, call us now at 888-407-2955

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What is Wrongful Death?

Wrongful death is a civil cause of action brought by one or more family members and dependents against an individual and/or company(s) that knowingly or negligently caused the death of another individual. Wrongful death actions typically include:

• Negligence-based incidents like car crashes or slip-and-fall accidents
• Medical malpractice by doctors/hospitals
• Intentional acts (including crimes).

A wrongful death action may be brought against an individual who is also facing criminal charges for the same event – though these are separate actions in separate court systems (civil and criminal). Even if a person is found not guilty of a criminal charge, they can still be found liable in a civil court and be forced to pay damages. Neale & Fhima only handles civil actions.

The amount of damages awarded in a wrongful death case is based on a variety of factors such as the deceased person’s income beforehand, expected lifetime earnings had they lived, and the number of and the degree to which family members were dependent on them. Funeral and burial expenses can also be calculated as part of the damages.

Damages for the pain, suffering, or disfigurement a loved one endured before dying are now recoverable in some wrongful death cases. This is due to the state legislature’s recent modifications of Code of Civil Procedure § 377.34 that increase the scope of recoverable damages.

Who Can File a Wrongful Death Claim in California?

In California, a family member can file a wrongful death action to receive damages for medical costs, lost wages, pain and suffering, and funeral and burial costs on behalf of a loved one that was killed in an accident or negligent event. Under California law, individuals who can file a wrongful death claim include:

• The spouse or domestic partner of the deceased
• Children of the deceased
• Stepchildren of the deceased
• The deceased person’s parents
• Legal guardians of the deceased (if parents are not living)
• Any other person who is entitled to property by intestate succession.

The law states that all wrongful death cases must be filed within two years of the date the person died.

Damages You May Be Entitled To

A Dana Point wrongful death lawyer can request both economic (CACI No. 3921)
and non-economic damages (CACI No. 3921). These include:

Economic

• Hospital and doctor bills
• Loss of expected future earnings
• Lost wages, if any, before death
• Property damage, if any
• Funeral and burial costs
• Loss of the dollar amount of household services the decedent would have provided had they lived.

Non-Economic

• Pain and suffering of the deceased (in some cases)
• Loss of parental guidance (if there are surviving children)
• loss of the decedent’s “love, companionship, comfort, care, assistance, protection, affection, society, and moral support”
• Loss of consortium (intimate relations).

Punitive damages are also sometimes awarded if the defendant’s reckless disregard for the safety or gross negligence of others is shocking. These are designed to punish the defendant or wrongdoer and send a warning to other would-be offenders.

Dana Point Wrongful Death FAQs

Our Dana Point wrongful death attorneys often hear the same questions from our clients. We have compiled a list here of commonly asked questions with answers that we hope are helpful to you:

• Who Pays My Attorney Fees in a Wrongful Death Claim?

  Most wrongful death cases achieve a settlement before they reach the courtroom. On average, less than 5% of cases go to trial. If, however, your case does go to trial, you might be called to testify. Your Dana Point wrongful death attorney can advise you in greater detail on these matters.

• What Areas Do Neale & Fhima Serve?

  Our Dana Point personal injury attorneys serve clients throughout California. Our offices are in Dana Point, Irvine, San Diego, Los Angeles, and San Francisco.

• Will The Defendant Go to Jail?

  Again, civil, and criminal cases are different. Recovering financial damages in a wrongful death case is a civil action relating to money. Jail is not involved. A separate criminal case could be brought by a local district attorney related to your loved one’s death, and that would happen in criminal court where incarceration could be part of the penalty should the defendant be found guilty.

• How much can I get in a wrongful death claim?

  There is no “average” settlement amount or jury award in wrongful death claims because each case is different. Many factors are involved, including the maximum coverage amount of the insurance policies in question.

If you have additional questions, our Dana Point wrongful death lawyers would be happy to provide answers. Call Neale & Fhima at 888-407-2955 for a free consultation.

Wrongful Death Statistics

There are many kinds of wrongful death claims. Some of the most common are deaths from motor vehicle accidents, medical malpractice, and sports injuries. Unfortunately, a recent study published by Johns Hopkins Hospital suggests that medical errors are now the third leading cause of death in the United States.

According to the Centers for Disease Control (CDC), there were 200,955 unintentional injury deaths in a recent year in the U.S., which represents 61 deaths per 100,000 people. There were more than 42,000 unintentional fall deaths and more than 40,000 motor vehicle traffic deaths. There were more than 87,000 unintentional poisoning deaths. In all, the number of emergency department visits for unintentional injuries was 97.9 million.

Proving Negligence

Your Dana Point wrongful death attorney will have to prove that the defendant was negligent when causing your loved one’s death. The legal concept of negligence requires your lawyer to prove four elements. These include:

1. Duty
   The defendant had a duty of care for the safety and well-being of the deceased.
2. Breach
   The defendant failed or “breached” that duty.
3. Causation
   This breach caused the death of your loved one.
4. Damages
   You suffered financial damages because of the defendant’s actions or failure to act.

Statute of Limitations

The time window for filing a claim, also known as the statute of limitations, for a wrongful death case in California is two years. (Code of Civil Procedure 335.1) The timing starts when the accident occurred. . It is important to hire a Dana Point wrongful death attorney and file a claim before the deadline.

4 Reasons to Choose Neale & Fhima

1. WE OFFER FREE CONSULTATIONS.

We offer free initial consultations by phone and in person. We want you to make an informed decision about your legal representation.

2. WE HAVE A HISTORY OF PROVEN RESULTS.

uring more than 40 years of practicing law, the Neale & Fhima firm have maintained a successful track record of winning and have secured over $50 million in compensation for their clients.

3. YOU WORK DIRECTLY WITH YOUR LAWYER.

At Neale & Fhima, you work directly with your lawyer. We will not assign your case to a paralegal or legal assistant who handles the bulk of claims at some other law firms.

4. YOU RECEIVE PERSONALIZED ATTENTION.

We believe that a personalized approach is the best way to provide quality legal representation for our clients. We want to get to know you and your family so that we can fight for what matters most.

Call a Dana Point Wrongful Death Lawyer Today

Whether your loved one died in a fall, a motor vehicle accident, a fire, a workplace accident, or another catastrophic event, a skilled Dana Point Personal injury and wrongful death attorney at Neale & Fhima will fight to get the compensation you deserve. We understand that this is an exceedingly challenging time for your family. Courthouses and law firms may be the last thing on your mind as you grieve. We will respectfully and compassionately handle all legal matters as you focus on the things most important to you. You will be safe and cared for in our legal hands. To find out more about how we can help, call us for a free consultation at 888-407-2955.