Experiencing the loss of a cherished one due to another person’s wrongful act can be utterly devastating. It is a tragedy that occurs when another individual carries out an action that is negligent, reckless, or just plain wrong, leading to the unfortunate passing of someone significant in your life.
When you find yourself in such an unfortunate circumstance, the opposing party’s primary aim will be to dispel any notion of their liability for the deceased’s untimely demise. However, having a seasoned wrongful death lawyer providing steadfast support can prevent this from occurring.
Belal Hamideh, a distinguished wrongful death attorney, has demonstrable success in supporting bereaved parties who have lost a loved one due to wrongful acts. Belal can handle your case with the utmost vigor, ensuring that justice is served in your favor. While no amount of financial reparation can compensate for your loss, Belal tenaciously strives for you to receive the rightful compensation you deserve.
The process generally follows a similar pattern: bereaved parties who are legally eligible contact a competent wrongful death lawyer. The attorney proceeds to conduct an exhaustive investigation, identifying which parties bear the liability. The solicitor subsequently files a lawsuit against all implicated parties.
The attorney will then go on to bargain as fiercely as possible, advocating for the rights of the bereaved parties. More often than not, the opposing side agrees to a settlement. Should they refuse, the lawyer is prepared to take the matter to court.
Once the legal proceedings have concluded, the clients receive their rightful compensation. The attorney’s professional fees are deducted from the established settlement.
While this is a simplistic overview of the process, the intricacies of each individual case may differ significantly.
To gain a more comprehensive understanding or to arrange a free case assessment with a seasoned wrongful death attorney, please get in touch with Belal Hamideh by visiting our website or giving us a call.
Importance of a Wrongful Death Attorney in Overcoming Legal Obstacles
Losing a loved one to someone else’s irresponsible actions is a tragic event that leads to distressing emotions difficult to handle, primarily when it could have been avertable. The compensation you can get legally might not ease the pain or replace the loss, but it is crucial to know that you have rights that can lead to financial reparation. Despite the fact that money cannot truly make up for the loss of a loved one, being aware of these rights is significant. A knowledgeable attorney specializing in wrongful death cases can guide you to establish a solid legal position to claim this financial compensation. This money can help you manage medical bills, funeral costs, and the emotional distress, lending a sense of stability during a challenging period.
Allow me to present Belal Hamideh, a well-accomplished wrongful death attorney, operating from California. His significant track record in effectively navigating various wrongful death suits provides him with valuable insight, which can be instrumental in your search for justice. Exploiting his vast amount of experience, he fervently advocates for your cause, enhancing your prospects of obtaining the highest viable compensation for your predicament. His services entail initial consultations free of charge to evaluate the potential worth of your claim and identify the best strategies to assist you.
Understanding the Concept of Wrongful Death
According to Californian law, wrongful death is a fatality that results from another individual’s wrongful behavior. Such actions range from negligence or recklessness to intentional harm which can lead to the perpetrator of the crime being criminally charged.
If you find yourself in such a situation, it is highly likely that you may have a significant claim for a wrongful death case. If you are uncertain about your qualification to instigate a lawsuit, consulting an experienced attorney like Belal Hamideh would be a wise move.
Constructing a Wrongful Death Lawsuit
To create a compelling wrongful death claim, it is crucial to demonstrate four distinct elements. The first is to furnish evidence that the blamed party’s reckless or negligent behavior was involved in your loved one’s death. Even if the actions of the accused person partly led to the death, you have a legitimate claim.
The second component is to establish that the defendant had a duty towards the deceased, your loved one. This duty could vary depending on the situation, like a healthcare provider’s responsibility to administer treatment to a patient or a driver’s duty to adhere to traffic regulations.
The third component is proving that a breach of this duty by the defendant resulted in your loved one’s death. Lastly, you need to offer evidence to assert that your loved one’s demise led to quantifiable damages. This covers medical expenses, funeral charges, loss of possible income, and emotional pain caused by the death. Loss of mentorship, protection, and inheritance is also considered.
Undertaking a wrongful death lawsuit could appear intimidating and fraught with drawbacks. However, a veteran attorney like Belal Hamideh is ready to guide you through this labyrinth. With his comprehensive knowledge and adept handling of California’s wrongful death cases, Belal can provide you with the firm representation required to fight for the advocacy you and your kin deserve.
Delving into Possible Compensation in California’s Wrongful Death Cases
The most frequently asked question is – what type of compensation can be availed in a wrongful death case in California? The compensation in such scenarios is generally divided into two broad categories – fiscal damages and non-economic damages.
Economic damages incorporate measurable costs such as funeral and burial expenses, incurred medical fees, and lost wages, while non-economic damages are more abstract and harder to evaluate, such as emotional trauma, loss of companionship, and moral support suffered by the survivors.
Although assigning a fiscal value to non-economic damages can be demanding, we remain devoted to making sure that our clients receive the maximum possible compensation.
Unraveling the Intricacies of Prospective Reimbursements in Unjust Death Lawsuits
Monetary awards in wrongful death incidents can hinge on a multitude of factors such as the victim’s anticipated lifespan at the time of the incident as well as the plaintiff’s expected lifespan, among other considerations.
Economic damages are generally inclusive of funeral or internment costs, the financial assistance which the beneficiaries were expecting to receive, the loss of domestic services, and anticipated presents or benefits from the dear departed.
In contrast, non-economic damages consider the emotional strain brought about by the devastating loss of a beloved family member. These damages encompass the loss of fellowship, safeguarding, affection, moral support, advice, coaching, and loss of consortium.
It’s crucial to bear in mind that under the jurisdiction of California, punitive damages are not accessible in wrongful death incidents. If punitive damages linked to the same misconduct are to be sought, a survival action needs to be initiated in sync with the wrongful death claim.
In your consultation with Belal, he will ensure a thorough comprehension of your case’s plausible outcomes. Utilizing his extensive background, he will conceptualize an efficacious strategy aimed at accomplishing the most advantageous results for you.
Deciphering Eligibility for Monetary Awards in Unjust Death Lawsuits
Gaining a solid grasp of the legal boundaries that dictate who is qualified to demand compensation in an unjust death lawsuit is of utmost importance. The surviving spouse and offspring of the deceased are typically the direct beneficiaries entitled to initiate an unjust death claim. In cases where the deceased has no dependents or immediate kin, the parents qualify as beneficiaries.
The eligibility conditions for monetary awards in unjust death incidents can sometimes be complex, leading to ambiguity about entitlement and prospective compensation. With the aid of an attorney skilled in unjust death cases such as Belal Hamideh, navigating this complicated terrain becomes significantly less challenging.
The Role of Our Unjust Death Attorney in California in Assisting You
Securing the services of a legal professional adept in wrongful death cases can greatly bolster your chances of claiming the maximum feasible compensation. Belal shoulders the task of managing every aspect of your case, aiming to give you peace of mind during such distressing times.
Our clients’ welfare is our foremost priority, reflecting in our management of all legal proceedings. Acknowledging the enormity of decisions and commitments confronting grieving individuals, we aspire to lighten their load. Entrusting Belal with your case allows you focus on your recuperation, pay respect to your departed loved one’s memory, and gradually move through the grieving process.
Upon accepting your case, our seasoned team commences a thorough inquiry into the situations surrounding your loved one’s wrongful death. Uncovering the truth about the tragic incident, highlighting all parties involved, and creating a compelling case for our clients is at the heart of our approach. Sometimes, multiple entities may be responsible for the wrongful death. We are committed to reveal their collective responsibility and ensure that all parties contributing to the fault face the legal consequences.
For instance, if a family member dies due to a collision with a large truck, we will put together a case against all parties involved in the occurrence. This could involve the truck operator, the individuals who loaded the truck, the truck owner, other road users, the entity tasked with maintaining the road conditions, and any other person who may share the blame. Our chief aim is to uncover the truth to fortify your case.
As we undertake this process, we act as a dependable ally to our clients, offering advice, regular updates, and emotional support at every step. Dealing with the loss of a loved one in such a tragic circumstance can take an emotional toll. We strive to lighten our clients’ emotional load by providing clarity, reassurance, and hope.
California Wrongful Death Laws
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure – CCP § 377.60
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.
California Code, Code of Civil Procedure – CCP § 335.1
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.
California Code, Code of Civil Procedure – CCP § 377.61
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.
California Code, Code of Civil Procedure – CCP § 377.34
(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.