Our Irvine, California, wrongful death attorneys provide positive financial outcomes for families who have lost a loved one due to the inactions or negligent actions of another person or entity.

We are dedicated to fighting for the rights of families who have lost a loved one because we understand how devastating this can be. Trying to move forward without their loved one is one of the most difficult things that many people must ever do. While we understand that no amount of money is going to bring your deceased loved one back to you, we can help you get justice for your loss, even in situations where no criminal charges apply to the situation.

When you hire our Irvine wrongful death attorneys, you can feel confident that we will simplify the often complex legal process to ensure that you can start to move on with your life after this difficult loss.

Does the Loss of Your Loved One Qualify for a Wrongful Death Claim?

If you have lost someone you love due to the negligent inactions or actions of another company or person, it may be possible to file a wrongful death claim.

Even though there are more than a few ways that wrongful death can occur, some of the most common include:

  • Car accidents
  • Failure to maintain safe premises
  • Construction accidents
  • Medical malpractice
  • Exposure to toxic substances
  • Work-related accidents
  • Violent acts or attacks
  • Unsafe products
  • Truck accidents
  • Motorcycle accidents.

When you hire our Irvine wrongful death attorneys, we understand that just the thought of taking legal action against a person or company who resulted in your loved one’s death may be an overwhelming process. That is why we are here to help. We will give your family the time needed to grieve while we work on your case, all while providing you with the confidence needed to work through the entire legal process.

Cases involving wrongful death require a comprehensive investigation. Once you have given us the information about your situation, we can take over from there. Our team is dedicated to making the process as simple as possible for you and your family, because we understand how difficult the loss of a loved one can be.

Elements of a California Wrongful Death Claim

Wrongful death claims, as personal injury lawsuits, are made up of four elements that you must prove. These include:

  • There was a duty of care owed by the at-fault party to the deceased party
  • This duty of care was breached.
  • The victim’s death was caused by the breach of the at-fault party.
  • The victim’s death resulted in losses.

One example of how this works is with pedestrians and drivers. All drivers on the roads in California owe a duty of care to pedestrians if they are in a marked crosswalk at an intersection. However, the duty of care will be breached if the driver makes a left-hand turn and hits the pedestrian who is in the crosswalk, causing their death. The pedestrian’s wife who is dependent on them for love and support will have the right to file a wrongful death claim against the at-fault party who caused her husband’s death.

Do You Have Rights if Your Loved One is Killed by a Drunk Driver?

You may wonder whether you can file a wrongful death lawsuit if your loved one was killed by a drunk driver. If a driver operates a vehicle negligently while they are intoxicated, and it results in the death of someone else, then making a wrongful death claim may be the most straightforward approach to getting justice. However, with an Irvine wrongful death case, you still need someone who understands the legal process to ensure the case is successful.

When you hire our Irvine wrongful death lawyer, we will focus on ensuring you have the best case possible for your situation and needs.

Types of Financial Compensation You Can Receive from Your Irvine Wrongful Death Lawsuit

Every case involving wrongful death in Irvine is unique. Because of that, the legal and financial options that are available and applicable to your situation vary, too.

Some of the types of recovery that you can receive in your wrongful death claim include:

  • All related medical costs that occurred prior to your loved one’s death
  • Burial and funeral costs
  • Loss of anticipated financial support
  • Loss of moral support and affection
  • Loss of income and potential income
  • Anticipated household services value.

Our attorneys can review your situation to determine the compensation that you may be entitled to.

Who Is Legally Allowed to File Irvine, CA, Wrongful Death Lawsuits?

If you lose a loved one due to an accident, whether you can file a wrongful death claim depends on your existing relationship with the person. Some of the family members who are eligible to file a wrongful death claim in California include:

  • Spouse or domestic partner
  • Children
  • Siblings
  • Parents.

If you aren’t sure whether you have the legal right to recover compensation by filing a wrongful death claim, it’s smart to get in touch with our Irvine, CA, wrongful death attorneys. We will evaluate your situation and help you determine whether you can file this claim and recover compensation.

Statute of Limitations on California Wrongful Death Claims

You have two years from the date of your loved one’s death to file a wrongful death claim. Our Irvine wrongful death attorneys fully understand that, due to your emotional state, you may not think about your legal options right away. However, when you are ready, we can walk you through the process of holding a negligent party responsible for your loss. Our goal is to allow you to continue to grieve while having confidence that your legal claim is being handled.

What Is Your Wrongful Death Claim Worth in Irvine?

The settlement you receive from a wrongful death claim varies based on several factors. These claims may range from a few hundred thousand dollars up to several million dollars. Usually, these cases have a higher worth than other claim types.

The value of your claim will be dependent on several factors. These include:

  • The person’s age when they passed away
  • The earning potential of the deceased individual
  • Whether the deceased party was at-fault for the accident
  • The insurance policy limits of the at-fault party
  • Whether the at-fault party is an individual, corporation, or public entity.

Our attorneys can review the facts of your case to try and determine its approximate value.

Survival Action vs. Wrongful Death Claim

There are a few notable differences between wrongful death claims and survival actions. These include the following:

Who Is Allowed to File the Claim

In a wrongful death claim, the family members of the person will file the wrongful death claim, which includes the children or spouse. Survival claims, on the other hand, are filed by the personal representative of the deceased person’s estate.

The Purpose of the Claim

The purpose of a wrongful death claim is to provide the family with compensation for their losses. The purpose of survival action is to compensate the dead person’s estate.

When the Claim Can be Filed

It’s possible to file a wrongful death claim anytime after a person passes away because of someone else’s wrongful act. On the other hand, it’s possible to file a survival claim only if the individual who passed away survived for a while after the accident but then eventually passed away.

Available Damages

As a wrongful death claimant, you can receive compensation for the lost love and companionship of the deceased individual. For survival claims, damages are limited based on the damage or losses that the decedent experienced before passing away. In this type of filing, there are no damages available for pain and suffering or disfigurement.

Receiving Compensation from Your Irvine Wrongful Death Claim

If you lost a loved one and their death was caused by another person or entity, you might have the right to file a wrongful death claim. Our legal team will provide you with the resources and expertise that you need to recover the maximum amount of compensation possible for your loss.

While no amount of money can truly compensate for the loss of your loved one, we will help you financially recover and make up for some of the losses that you have incurred. The first step is to get in touch with us and schedule a free consultation. This is when we will review your situation and help you decide what needs to be done to help you recover the compensation that you deserve. Get in touch today to learn more.

Attorney Aaron Fhima

Aaron Fhima, California attorneyAaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]


    99% SUCCESS

    At Neale & Fhima, we have extensive experience helping clients file successful Lemon Law and Personal Injury claims. We offer free consultations for clients who need assistance with either claim.


    Best Attorneys of America
    National Trial Lawyers, Top 40 Under 40