Wrongful Death Attorneys

Losing a loved one in an accident is a tragedy that no one should have to endure. While there is nothing that can truly restore your life to what it once was, the law may entitle you to significant financial compensation. At Neale & Fhima, we help families throughout Southern California hold legally responsible parties accountable for the compensation that they deserve.

In the wake of a fatal accident, it is easy to feel lost. There is a sudden, unimaginable void in your life, and you are not sure when, how, or even if you will be able to move on. Outside of your loved ones, it may seem like no one truly wants to help you. From the insurance companies to the funeral home, it is hard to tell if anyone has your best interests in mind.

Your situation is beyond difficult.

We understand. At Neale & Fhima, we are passionate about helping families who have lost loved ones due to traumatic accidents. Our attorneys have over 40 years of combined experience, and we have helped our clients secure tens of millions of dollars in compensation for their losses. We guide our clients through every step of the process, helping them understand their options while working tirelessly to secure maximum compensation for their loss.

Seeking Financial Compensation After a Fatal Accident

Over the decades, we have represented thousands of clients who have suffered catastrophic injuries and lost loved ones in accidents throughout Southern California. Our experience as a personal injury law firm includes securing financial compensation for numerous victims of:

• Boating accidents
• Car accidents
• Slip and fall accidents
• Motorcycle accidents
• Pedestrian accidents
• Train accidents
• Truck accidents.

Regardless of what happened, following a fatal accident, you owe it to yourself and your family to stand up for your legal rights. The loss of your loved one will affect your life for years to come; for many people, securing compensation through a wrongful death claim is the first step on their road to recovery.

Important Information About Wrongful Death Claims in California

Wrongful death claims can be incredibly difficult for clients. Instead of mourning their loved ones, these clients are typically facing legal hurdles and complicated insurance issues. Fortunately, a wrongful death attorney can make this process significantly easier on clients. Part of that support involves ensuring you understand your rights under California law. If you think you have a wrongful death claim, here are key aspects of these claims that you need to know.

Who Can File a Claim for Wrongful Death?

Under California law, the following family members are eligible to file a claim for wrongful death:

• Spouses and domestic partners
• Children
• Grandchildren whose parents are deceased.

If none of the above are alive, any other family members (such as parents and siblings) who would be entitled to a share of the victim’s estate under the laws of intestate succession are then eligible.

In addition, the victim’s stepchildren, parents, and any minors who lived with the victim for at least six months can file wrongful death claims as well if they were financially dependent on the victim at the time of death. This is true even if the victim’s spouse, children, or grandchildren are still alive.

If you aren’t certain whether you fall into one of these categories, contact our law firm right away. We can help you understand your rights and what legal actions the law allows you to take. Even if you aren’t eligible to file a wrongful death claim, you may have other rights protected by the law. Our wrongful death attorneys can help you safeguard those rights while you are grieving the loss of a loved one.

Did you lose a loved one in California due to the negligent actions of another party? Contact Neale & Fhima APC at 888-407-2955 to discuss your case with an experienced wrongful death lawyer.

What Compensation Is Available for Wrongful Death?

In a wrongful death claim, the claimants seek compensation for their losses resulting from their loved one’s death. Recovery for the victim’s losses (such as medical bills and lost wages) is possible through a separate claim known as a “survival action.” If you have questions or need guidance, consulting with a personal injury lawyer can be invaluable.

The types of compensation available in a wrongful death claim include:

• Funeral and burial expenses
• Loss of financial support
• Loss of gifts and other benefits
• The value of household services that the victim would have provided
• Loss of consortium
• Loss of the victim’s love, companionship, care, protection, and support
• Loss of the victim’s training and guidance.

Family members who witness a loved one’s death may also be able to seek financial compensation for their emotional distress.

What Is the Statute of Limitations for Wrongful Death Claims in California?

In most cases, the statute of limitations for wrongful death claims is two years from the date of death (though there are special rules for cases involving medical malpractice and claims against government entities). Two years may seem like a long time, but that time can disappear much faster than you think, especially when you are mourning the loss of a loved one.

This time may also be constricted by the probate process, which usually takes at least a year in California. If the results of that process are relevant to your claim, the statute of limitations suddenly effectively drops down to less than a year. For these reasons, the investigation into the cause of death of a loved one should always start as quickly as possible.

How a Wrongful Death Claim Differs From Most Personal Injury Claims

A wrongful death claim is a specific type of personal injury claim that can only be made after someone passes away, which is perhaps the most notable difference between a wrongful death claim and a personal injury claim. Typically, when you make a personal injury claim, you are seeking compensation for costs and expenses related to an injury caused by the negligence of another party. However, if a loved one dies due to the actions of another, costs and expenses won’t necessarily fall to the person who died. Instead, they fall to others. Additionally, in a wrongful death claim, you can receive compensation for those expenses only if the deceased could have reasonably made a personal injury claim had they lived.

Another important difference between personal injury and wrongful death claims involves the statute of limitations. In most personal injury cases, the time limit starts when you are injured. But in a wrongful death case, it starts when the party dies, even if the injury happened at an earlier date.

Discuss Your Wrongful Death Claim With the Southern California Attorneys at Neale & Fhima

The loss of a loved one can be devastating, especially when it could have been prevented. The financial hardship from that loss can add further difficulty to your emotional pain. At Neale & Fhima APC, we are dedicated to helping people like you get the compensation you need during your darkest hours.

If you would like to discuss your case in confidence, we invite you to contact us for a free, confidential consultation. To meet with our attorneys in person or over the phone, call 888-407-2955 or request an appointment online today.