Dana Point Car Accident Lawyer

In the blink of an eye, your life can be turned upside down when the car you’re driving is hit by another vehicle.  Through no fault of your own – or even if you were partially at fault – you wind up in a hospital bed, missing days or weeks of work.  The financial burden can be huge.  If this has happened to you, your next phone call should be to a Dana Point car accident lawyer.  You could be entitled to significant financial compensation, particularly if your injuries were due to someone else’s negligence.  You want an attorney who will fight aggressively for your rights.

Why Choose Us as Your Dana Point Car Accident Lawyer?

The hallmark of our legal team is we go above and beyond. Attorney Aaron Fhima is a tough negotiator with a creative legal mind. He has been handling car accident cases for many years, and he knows the complexities and nuances of state statutes. Our Dana Point car accident attorneys understand how to craft a powerful case, and we’ll work tirelessly to get you the maximum payout possible.

How We Can Help

At Neale & Fhima, we are fierce when representing victims who were severely injured or permanently disabled because of someone else’s negligence.  Catastrophic injuries can irrevocably change a family and create uncertainty about the future.  Here are the ways we can help with your Dana Point car accident case.  We will:

1. Explain your legal rights and your options for a remedy.
2. Conduct an accident scene investigation.
3. Interview witnesses, and even hire expert witnesses, if needed.
4. Gather evidence, medical records, police reports, surveillance videos, photos, safety records, and all other data to prove your claim.
5. Build a strong legal claim based on California statutes and case law that puts you in a favorable light.
6. Negotiate aggressively on your behalf with insurance companies to get the maximum payout possible.
7. Litigate your claim before a judge and jury, if necessary.

Our Dana Point car accident attorney won’t back down when fighting for your financial damages.  To find out more about how we can help, call us now at 888-407-2955.

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Dana Point Car Accident FAQs

Our car accident lawyers in Dana Point have handled hundreds of personal injury cases, and we hear a lot of the same questions from clients.  Here are answers to some frequently asked questions:

Who can bring a wrongful death claim in California?

In the terrible event that you lost a loved one in a car accident, you can file a wrongful death claim to collect damages for medical and hospital costs, loss of future earning potential, property damage, loss of consortium, pain and suffering, as well as funeral and burial costs.  Under California law, the individuals who can file a wrongful death claim include:

• Spouse or domestic partner of the deceased
• Children of the deceased
• Another party who is entitled to property by intestate succession.

California law states that a wrongful death claim must be filed within two years of the person’s death. (CCP 335.1)

Who pays my attorney fees in a Dana Point car accident lawsuit?

We work on a contingency at Neale & Fhima, which means your Dana Point car accident attorney’s fees and case expenses are paid by the defendant’s insurance company in successful claims. If we do not successfully resolve your case, then we are paid nothing.

How many people are injured and killed in California traffic accidents?

According to the most recent figures from California Highway Patrol, more than 3,700 people died and over 269,000 people were injured in motor vehicle crashes annually.  Alcohol was involved in a significant number of these accidents.

How many vehicles are registered in California?

There are more than 14.2 million automobiles registered with the California Department of Motor Vehicles.  California has by far the most automobiles of any other state in the country.

What areas does Neale & Fhima serve?

We handle cases throughout California and have offices in Dana Point, Irvine, San Diego, Los Angeles, and San Francisco.  We represent all traffic injury victims, including those hurt in car accidents, motorcycle crashes, and truck collisions.

How many defendants can there be in a car accident lawsuit?

Depending on the facts in your case, there can be one or several defendants in your lawsuit.  The other driver is an obvious defendant, but the vehicle manufacturer could also be a defendant if the accident was caused by faulty brakes, defective steering, or another manufacturing defect that caused the car to lose control.  If your crash was caused by a massive pothole, missing signage, broken guardrail, or debris in the road, a municipal agency responsible for upkeep of the roadway could also be named as a defendant in your lawsuit.

Can my spouse sue for loss of companionship if I’m injured?

Yes, in some cases a spouse can sue for “loss of consortium” if your Dana Point car accident injury prevents you from engaging in everyday spousal activities such as caring for children, homemaking, going places together, and enjoying sexual relations.  If successful, your spouse would be awarded damages of her or his own.

What if the other driver was drinking alcohol?

Drunk driving is a serious crime, especially if it results in a crash that injures other people.  If you smell alcohol on the other driver, see open beverage containers in their vehicle, or otherwise suspect that they’ve been drinking, tell the police officer who responds to the scene, but don’t confront the other driver directly.

Is there a cap on damages for car accidents in California?

There are no limitations on economic and non-economic damages in car accident injury claims in California.

If you have additional questions about vehicle crashes and the damages you may be entitled to, call a Dana Point car accident lawyer at Neale & Fhima at 888-407-2955 for a free consultation.

How Does a Car Accident Lawyer in Dana Point Prove Negligence?

Attorneys must prove 4 elements to establish negligence in a lawsuit.  These include:

• Duty
• Breach
• Causation
• Damages/Harm.

This means your car accident lawyer in Dana Point must show that (1) the defendant owed you a duty of care, (2) they breached that duty, (3) the breach caused you harm, and (4) the harm you suffered can be measured and compensated for by awarding financial damages.

Damages Your Dana Point Car Accident Attorney Can Ask For

If you’ve been injured in a crash, Dana Point car accident attorneys can fight for both economic and non-economic damages.  These include:

Economic

• Property damage
• Lost wages
• Loss of future earnings potential
• Medical and hospital bills
• Cost of future medical care and rehabilitation
• Wrongful death (burial and funeral costs).

Non-Economic

• Scarring and disfigurement
• Pain and suffering
• PTSD and emotional distress
• Loss of consortium.

In some cases, where a defendant’s disregard for the safety of others is particularly shocking, or grossly negligent, punitive damages can be awarded, too.  These are designed to punish the defendant and send a message to others who might be tempted to do the same.

How Much Is My Car Accident Case Worth?

Every situation is unique, so there is no “average” amount a Dana Point car accident is worth.  Financial damages are very fact dependent.  Typically, the more serious the injury, the higher the payout.  Other factors that can affect the amount of financial damages are how much insurance coverage a defendant carries, the number of people injured, and whether the automaker is liable for manufacturing defects.  For an estimate of what your case could be worth, contact a Dana Point car accident attorney.

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How Much Time Do I Have to Hire a Car Accident Attorney in Dana Point?

The statute of limitations for filing a personal injury claim (including a car accident injury) is two years in the state of California. The clock starts ticking on the date of the car accidentFor a wrongful death claim, the statute of limitations is two years from the date of the individual’s death, which could be the day of the car crash or months later. It’s important to file your claim before the deadline. If you’re late, a judge could dismiss your case.

California’s Pure Comparative Negligence Rule

The state of California follows a “pure comparative negligence” rule. This means that a victim can sue for compensation even if he or she is partially at fault for the car accident. Unlike many other states that recognize comparative negligence, car injury victims can recover compensation even if they are more than 51% at fault for the accident.  Here’s an example of how pure comparative negligence works.  If you are awarded $500,000 in a car accident settlement, but you are found to be 30% responsible for the collision, you will only be awarded $350,000 in total damages ($500,000 reduced by 30%).

Do’s and Don’ts Immediately After a Car Accident

In the seconds and minutes after an accident, there are several do’s and don’ts you should be aware of.  These include:

DO’S

• Call 911 and ask police to respond to the scene.
• Seek prompt medical attention after your accident and follow the doctor’s guidance.
• Exchange insurance information with the other driver, but do not engage in conversation.
• If you are able, take pictures of your injuries, the accident scene, and damage to both vehicles with your cell phone.
• Answer police officers’ questions succinctly, but don’t over explain.
• Hire a skilled Dana Point car accident attorney to represent you.

DON’TS

• No matter what, DO NOT say that you were responsible or at fault for the accident when talking to the other driver or police officers.
• Avoid talking to insurance companies. Direct their inquiries to the attorney who represents you.
• Stay off social media. While it may be tempting, you don’t want to post pictures or talk about your car accident injuries online.
• Don’t accept a settlement check directly from an insurance representative without talking to your attorney first.  The insurance company may be low-balling you to save money.

Contact a Dana Point Car Accident Lawyer Today

A Dana Point personal injury attorney at Neale & Fhima understands the fear and devastation you’re walking through in the days and weeks after an automobile accident.  You may have nightmares, little appetite, and heart palpitations as you relive the horrific crash in your mind.  Your body may also be filled with pain because you’ve sustained a spine injury, broken bones, head injury, or burns due to the crash.  Neale & Fhima can help you seek the financial damages you’re entitled to.  To find out more about our legal services, call us for a free consultation at 888-407-2955.

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