Irvine, CA, Wrongful Death Lawyer

Our Irvine, California wrongful death attorneys provide positive financial outcomes for families who have lost a loved one due to the inaction 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.

Contact us at 888-407-2955 for a free case consultation.

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, 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, have four elements 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 breach of the at-fault party caused the victim’s death.
• 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 a Drunk Driver Kills Your Loved One?

You may wonder whether you can file a wrongful death lawsuit if a drunk driver kills your loved one. If a driver operates a vehicle negligently while they are intoxicated, and it results in the death of someone else, filing 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 Can Bring a Wrongful Death Action in Irvine, California?

Not just anyone has the right to initiate a wrongful death action in California. The law in the state specifically designates certain individuals who are eligible to commence such legal proceedings, as outlined in California Code section 377.60 (a). The following individuals are authorized to initiate a wrongful death action:

• Surviving spouse or domestic partner
• Surviving child or children
• Grandchild (if a child is deceased)
• Beneficiaries that are entitled to inherit through intestate succession, which includes individuals specified by California’s laws of inheritance when there is no last will. This group typically includes spouses, children, parents, siblings, grandchildren, and similar relations.

In addition to these specified individuals, there may be others who could seek permission from the court by obtaining a “letter” to pursue a claim. Managing such situations independently can be challenging, underscoring the importance of collaborating with a seasoned Irvine wrongful death attorney. Their expertise is crucial in ensuring the best possible outcome for your case.

How Our Wrongful Death Lawyers Can Help

Losing a loved one is an emotionally challenging experience, and when that loss is due to someone else’s negligence or wrongful actions, the pain can be even more profound. At Neale & Fhima, we understand the immense grief and suffering that accompany wrongful death cases. Our dedicated team of wrongful death lawyers is here to provide compassionate support and pursue justice on behalf of those who have lost a family member due to the misconduct of others. Here are ways we can help.

Investigation and Evidence Collection

One of the key elements in a wrongful death case is the thorough investigation and collection of evidence. Our experienced lawyers collaborate with skilled investigators and experts to gather crucial information that can strengthen your case. Whether it involves accident reconstruction, medical records analysis, or witness testimonies, we leave no stone unturned in building a compelling case on your behalf.

Identifying Responsible Parties

Determining who is legally responsible for the wrongful death is crucial. Our legal team meticulously examines all aspects of the case to identify liable parties, whether they be individuals, businesses, or institutions. Holding the responsible parties accountable is essential for obtaining the compensation you deserve.

Navigating Complex Legal Procedures

Wrongful death cases often involve navigating complex legal procedures, including filing necessary documents, adhering to statutes of limitations, and understanding the legal nuances involved. Our legal team at Neale & Fhima is well-versed in these processes, ensuring your case progresses smoothly and efficiently through the legal system.

Maximizing Compensation

While no amount of compensation can truly replace the loss of a loved one, seeking fair and just compensation is a crucial aspect of a wrongful death case. Our lawyers are dedicated to maximizing the compensation you deserve, considering factors such as medical expenses, funeral costs, loss of income, and the emotional toll on the surviving family members.

Strong Advocacy in Court

If negotiations with the responsible parties or their insurers prove unsuccessful, our skilled litigators are prepared to take your case to court. We provide strong advocacy, presenting a compelling case to ensure that justice is served and fair compensation is awarded to you and your family.

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 your case’s facts to 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. On the other hand, survival claims 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, no damages are available for pain and suffering or disfigurement.

How Long Does Resolving a Wrongful Death Case in Irvine Take?

The timeline for resolving a wrongful death case can vary. It depends on factors such as the complexity of the case, court availability, and negotiations. Some cases may settle relatively quickly, while others may take longer, especially if they go to trial.

Can a Wrongful Death Case Be Settled Out of Court in Irvine?

Yes, many wrongful death cases are resolved through settlements. However, consulting with an attorney is essential to ensure any settlement is fair and covers all applicable damages.

Can I File a Wrongful Death Claim if the Deceased Had a Pre-existing Condition?

Yes, you can still file a wrongful death claim even if the deceased had a pre-existing condition. The key is to establish that the negligent or intentional actions of the responsible party contributed to or caused the death.

Receiving Compensation from Your Irvine Wrongful Death Claim

If you lost a loved one and another person or entity caused their death, you might have the right to file a wrongful death claim. Our legal team will provide you with the resources and expertise needed to recover the maximum 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 contact 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 you deserve. Get in touch today to learn more. Contact us at 888-407-2955 for a free case consultation.