In California, the grandchildren are eligible for compensation in a wrongful death case. As members of the immediate family, the survivors of someone who passed away in a wrongful death accident, grandchildren can receive compensation. Additionally, the spouse and children can receive benefits, too.
Others may be eligible as well. If you believe that you have a wrongful death case, it’s worth it to reach out to Belal Hamideh. An experienced wrongful death lawyer, he can sit down with you for a free case evaluation to see how he may be able to help.
The Assistance of an Experienced Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence or reckless behavior is amongst the most profound sorrows one can experience. The unique, irreplaceable presence of that loved one is irreplaceable, and their loss leaves a void that’s impossible to fill. While no amount of capital can compensate for such a loss, California law allows you to seek financial restitution for your loved one’s untimely passing. Belal Hamideh, highly adept in the regulations and proceedings of wrongful death law, is here to guide you through this process.
Belal’s extensive practice and understanding of the legal landscape enable him to represent your interests fiercely and assertively, ensuring that you receive the most substantial compensation possible. The financial restitution procured can help manage numerous expenses such as funeral costs, outstanding healthcare bills, and compensation for pain and suffering. This relief can serve as a financial foundation for the next chapter of your life.
Belal makes available complimentary case assessments, during which he will help you understand the worth of your claim and how he can help you navigate this challenging period.
Wrongful Death Compensation
There are two forms of compensation available in a wrongful death case – economic and non-economic. Economic damages cover areas such as medical costs, funeral expenses, loss of income, among others.
Non-economic damages, on the other hand, cater to the more intangible aspects such as pain and suffering, loss of guidance, protection, among others. While it is often challenging to assign a specific monetary value to these sorts of losses, Belal will dedicate to ensuring you receive the utmost possible compensation in every plausible category.
In the context of California’s wrongful death law, punitive damages are not awarded. However, if you wish to pursue them, you can initiate a survival cause of action alongside your wrongful death claim, provided they both originate from the same inappropriate action.
Belal’s guidance will allow you to gain a clear understanding of what to expect from your case as well as the ways he can support you throughout the process. He will also devise a strategic plan, built from his vast knowledge and experience, to assist you in obtaining financial compensation.
What is Wrongful Death
In California, a wrongful death occurs when the demise of a person results from the inappropriate conduct of another. The wrongful act could range from negligent and reckless to premeditated behavior. If the act is intentional, you could consider a criminal prosecution.
Should you suspect even a remote chance of this relating to your situation, you might have a valid wrongful death lawsuit. To validate any doubts about your eligibility to file a wrongful death case, speaking with a knowledgeable lawyer is a good advise.
Proving Wrongful Death
To substantiate a wrongful death claim, Belal must demonstrate four distinct aspects. The first is that your loved one’s death was a result of the defendant’s negligence, recklessness, or slipshod behavior. The defendant does not have to be fully responsible for the death of your loved one.
In addition to that, you must establish that the defendant failed in their duty towards your loved one. This could mean a physician’s obligation to heal, or a motorist’s responsibility to adhere to road rules.
You must also demonstrate that the defendant’s actions led directly to your loved one’s death, and that your loved one’s passing resulted in damages that warrant financial compensation.
Belal will strive to represent you as fiercely and assertively as possible, aiming to ensure the best possible outcome in your case.
Identifying Eligible Parties in California’s Wrongful Death Lawsuits
In the aftermath of someone’s untimely demise due to the irresponsible or negligent actions of others, a select group of beneficiaries may file a wrongful death lawsuit. Initially, the immediate family members, such as a surviving spouse, children, or perhaps, grandchildren, are entitled to bring about such lawsuits. In cases where there are no direct dependents, legal rights to file such a claim may extend to the parents. Additionally, other financial dependents or direct descendants may be considered eligible for compensation under certain circumstances. The nuances involved in determining who is eligible, what degree of compensation they might receive, and how it would be received can be daunting to say the least. That’s why it is prudent to seek counsel from an attorney with a distinguished track record in handling wrongful death cases to guide you through this process.
Payment Structure for Wrongful Death Attorneys
We understand the financial strain our clients are under and therefore, we function on a contingency fee basis. This means the clients are not burdened with upfront payments or similar financial obligations. Instead, our fee is deducted from the settlement or the winnings from the case. If in an unfortunate circumstance, the case is lost, our services are not charged. Rest assured, our victory rate stands at an impressive 99%. Our goal is to ensure that our clients receive the maximum compensation they rightfully deserve, while battling the insurance companies that aim to undercut your entitlements. We also work in collaboration with medical professionals who operate on a contingency fee basis to provide medical assistance to our clients if needed.
Role Of A Wrongful Death Attorney
Upon agreement to represent you, Belal takes over the absolute handling of your case, relieving you of the stress of dealing with it personally. From the get-go, our proficient team embarks on a detailed investigation into the circumstances surrounding the wrongful death. Belal, along with his team, can uncover the truth, identifying all liable parties, and developing a persuasive case on behalf of our clients. It is entirely plausible for multiple parties to be held accountable for wrongful death and it is our responsibility to ensure that every one of them is held legally accountable. For instance, if a death is due to a slip and fall accident on someone else’s property, we build a case against all possible liable entities. Our commitment extends to also being a constant support system for our clients, offering guidance, regular updates, and emotional backing, throughout the ordeal.
Consult Belal Hamideh, A Proficient Wrongful Death Attorney in California
The sudden loss of a loved one due to someone else’s negligence is an unendurable pain. During such a disheartening time, engaging with a proficient wrongful death attorney can help you navigate through the multitude of things you are likely to encounter. As you consult with Belal, he reviews your case in detail. Using his well-rounded experience, he would fight tirelessly to ensure you receive ample compensation for your pain. For a free case evaluation, reach out to us via our website or a phone call.
Key Legal Provisions for Grandchildren in Wrongful Death Claims
These laws may pertain to your situation. If you have further questions, contact Belal.
CCP § 377.60:
- This section clarifies who can file a wrongful death lawsuit, specifically including grandchildren as ‘issue of deceased children.’ It ensures that grandchildren have legal standing to seek compensation. To understand the full scope of eligible claimants, visit the California Legislative Information website.
California Code, Code of Civil Procedure – CCP § 377.60
Defining Eligible Claimants (Including Grandchildren)
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
(b)(1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
(2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.
(d) This section applies to any cause of action arising on or after January 1, 1993.
(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.
(f)(1) For the purpose of this section, “domestic partner” means a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.
(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.
(3) The amendments made to this subdivision during the 2003-04 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
CCP § 335.1:
- This provision sets the two-year deadline for filing a wrongful death claim. It’s crucial for grandchildren to be aware of this time limit.
California Code, Code of Civil Procedure – CCP § 335.1
Statute of Limitations:
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
CCP § 377.61:
- This code guides courts in determining ‘just’ compensation, encompassing both economic and non-economic damages. It’s about recognizing the full spectrum of losses, including the loss of a grandparent’s support and companionship.
California Code, Code of Civil Procedure – CCP § 377.61
Awarding Just Damages:
In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the cause of action.
CCP § 377.34:
- This section clarifies the types of damages recoverable, distinguishing between wrongful death and survival actions. It’s important to understand these distinctions.
California Code, Code of Civil Procedure – CCP § 377.34
Limitations on Damages:
(a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.
(b) Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.
(c) A plaintiff who recovers damages pursuant to subdivision (b) between January 1, 2022, and January 1, 2025, inclusive, shall, within 60 days after obtaining a judgment, consent judgment, or court-approved settlement agreement entitling the plaintiff to the damages, submit to the Judicial Council a copy of the judgment, consent judgment, or court-approved settlement agreement, along with a cover sheet detailing all of the following information:
(1) The date the action was filed.
(2) The date of the final disposition of the action.
(3) The amount and type of damages awarded, including economic damages and damages for pain, suffering, or disfigurement.
(d)(1) On or before January 1, 2025, the Judicial Council shall transmit to the Legislature a report detailing the information received pursuant to subdivision (c) for all judgements, consent judgements, or court-approved settlement agreements rendered from January 1, 2022, to July 31, 2024, inclusive, in which damages were recovered pursuant to subdivision (b). The report shall comply with Section 9795 of the Government Code.
(2) This subdivision shall become inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(e) Nothing in this section alters Section 3333.2 of the Civil Code.
(f) Nothing in this section affects claims brought pursuant to Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.
Wrongful Death Grandchildren
The loss of a grandparent leaves an irreplaceable void, and when that loss is due to negligence, the pain is compounded. While California law recognizes the rights of grandchildren in wrongful death claims, understanding the specifics can be challenging. According to the U.S. Census Bureau, in 2016 over 2.5 million grandparents were responsible for the basic needs of their grandchildren in the United States. This highlights the growing role of grandparents in family structures and the importance of protecting their rights.
For grandchildren who relied on their grandparents, seeking accountability and ensuring the financial stability of those left behind is especially crucial. If you’re a grandchild facing the loss of a grandparent due to negligence, don’t hesitate to seek legal counsel. Belal Hamideh provides compassionate and effective representation. Schedule a free case evaluation today and take the first step toward finding justice and closure.