You can sue for wrongful death if you are part of a specific group of individuals recognized by law. In the unfortunate event of a wrongful death, the deceased’s immediate family, including their surviving spouse, children, and parents, has the right to file a lawsuit seeking compensation. In certain circumstances, dependent minors residing in the deceased’s home, other heirs, and next of kin may also be eligible to pursue a wrongful death claim. Not to forget, a designated representative of the deceased’s estate can also file for wrongful death.
However, the process involved can be intricate and complex. That’s why the adept wrongful death attorney, Belal Hamideh, is here to act as your guide through this complicated ordeal. For a free case evaluation, reach out to us through our website or make a phone call. We’re here to offer you the support and legal counsel you need in these trying times.
Understanding The Responsibility of a Wrongful Death Attorney in Your Legal Battle
Experiencing the loss of a dear one due to somebody else’s negligent actions can be unimaginably distressing. The careless conduct of a person can be the reason behind the loss of a life precious to you. Although no amount of money can truly make up for your loss, you must understand that you have the right to seek compensation. Building a strong case with a skilled wrongful death attorney can support you in securing that compensation. Such a monetary claim can potentially help cover costs related to the funeral, medical bills, and the pain and suffering, offering some financial relief during your challenging journey.
Let’s introduce Belal Hamideh, a seasoned wrongful death lawyer from California. With a track record of handling a multitude of wrongful death suits, his proficient skills can be of invaluable help in your pursuit of justice. Making the most of his extensive experience, he provides relentless advocacy on your behalf, making sure you obtain the maximum potential compensation for your ordeal. Additionally, he offers a cost-free case appraisal, in which he assesses the potential worth of your claim and how he can be of assistance.
Decoding the Notion of Wrongful Death
As per California law, wrongful death is defined as the death of an individual resulting from another’s wrongful act. These acts can range from negligent and reckless behavior to intentional harm. If the act was done on purpose, it can lead to the offender being criminally prosecuted.
Should you find yourself in a situation resembling this, you might have a valid claim for a wrongful death suit. If you have doubts concerning your eligibility to file a lawsuit, seeking advice from a competent attorney would be a prudent course of action.
Establishing a Wrongful Death Case
For a valid wrongful death claim, four particular factors need to be proven. The most crucial factor is to provide proof that the defendant’s negligent, reckless, or careless act was involved in your loved one’s death. It’s important to note that even if the defendant’s actions partly contributed to the death, you have a valid claim.
The subsequent factor is to prove that the defendant had an obligation towards the victim—your late loved one. This obligation could differ depending on the circumstances, like a healthcare provider’s duty to look after a patient or a driver’s commitment to abide by traffic rules.
Following that, it needs to be proven that the defendant’s disregard of this obligation led to your dear one’s death. Finally, proof must be provided to substantiate that your loved one’s death resulted in measurable damages. These might include medical bills, funeral costs, loss of income or expected income, and your pain and suffering. It can also extend to the loss of guidance, protection, and inheritance.
Beginning the process of a wrongful death lawsuit can be laden with intricacies and obstacles. However, a seasoned attorney like Belal Hamideh is prepared to guide you through this process. With substantial experience and specialization in California wrongful death cases, Belal can provide the formidable representation required to fight for the justice you deserve.
Exploring Compensation In Wrongful Death Cases in California
The main question that most individuals wrestle with is – what does compensation for a wrongful death in California entail? The compensation in such instances usually divides into two main categories – economic and non-economic damages.
Economic damages comprise concrete and quantifiable expenses like funeral and burial costs, medical bills incurred, and lost earnings. In contrast, non-economic damages include the more abstract, often difficult to measure emotional suffering, loss of companionship, and moral support encountered.
Despite the inherent difficulty in assigning a monetary value to these non-economic damages, our commitment remains unwavering in ensuring our clients receive the maximum possible compensation.
Understanding the Complexities of Wrongful Death Compensation Calculations
The wrongful death claim process is a complex one, where the determination of the claim’s value requires an in-depth examination of every aspect that could possibly impact its estimation. Every state has a unique set of laws pertaining to damages, and interestingly, California does not impose any caps on them. This offers a possibility for juries to bestow extensive awards in wrongful death cases.
An array of significant factors impact the estimation of a case. These include the age of the deceased, the number of minor children and their respective ages, the circumstances surrounding the accident, and the degree of financial reliance on the deceased by the surviving spouse.
These elements can amplify or reduce a family’s settlement. In a scenario where an older relative dies, with no spouse or children surviving and substantial blame for the accident, there is a likelihood of a smaller settlement. Conversely, a case with a deceased individual who left behind dependents and held minimal fault could likely result in a larger settlement.
Belal Hamideh, as your legal representative, will undertake an all-encompassing review of your case. Following this, he will devise a comprehensive strategy that could work favorably for you.
The Fluctuating Dynamics of Wrongful Death Case Settlements
There isn’t a pre-determined average for wrongful death lawsuit settlements in California, or any other state for that matter. Each case holds its unique set of circumstances, leading to varying settlement amounts. Quantifying the loss of a loved one in monetary terms is a daunting task, making wrongful death cases among the most high-valued categories within the realm of personal injury lawsuits.
Consulting a seasoned wrongful death lawyer can guide you in comprehending the potential worth of your case. Belal Hamideh, with his extensive experience, can provide an informed estimate of your case’s value. He will then passionately fight for your due compensation, ensuring you get the justice you deserve.
Selecting an Experienced California Wrongful Death Lawyer
Dealing with the loss of a loved one due to another’s negligence can be one of life’s most challenging experiences. Belal Hamideh, a reputable wrongful death attorney based in California, realizes that he cannot erase this traumatic experience, but he can certainly alleviate the stress. Committing wholeheartedly to your cause, he utilizes his extensive product knowledge to support you in procuring maximum compensation for your devastating experience.
Wrongful Death Laws that May Apply to Your Case
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.