Got questions about your case? Our Frequently Asked Questions section has answers to common legal concerns. If you need more help, contact us for a free consultation!
The Intersection of Wrongful Death and Workplace Safety
Wrongful death cases often arise from workplace accidents, highlighting the critical importance of safety regulations. In California, employers have a legal obligation to provide a safe working environment, as mandated by the California Occupational Safety and Health Administration (Cal/OSHA).
According to a recent report from the U.S. Bureau of Labor Statistics (BLS), California experienced 439 fatal work injuries in 2023, a decrease from the previous year. Nationally, the BLS reported 5,283 workplace fatalities in 2023, also showing a decline from 2022. These figures highlight the continued occurrence of tragic workplace incidents, even with recent improvements.
When a workplace fatality occurs, Cal/OSHA conducts an investigation to determine if safety violations contributed to the incident. If violations are found, the employer may face penalties, and this investigation can provide crucial evidence for a wrongful death lawsuit.
Beyond Cal/OSHA regulations, employers may also have a duty to provide specific training, equipment, and safety protocols based on the nature of the work. Failure to adhere to these standards can be grounds for a wrongful death claim.
It is essential to understand that even if the deceased worker was partially at fault, California's comparative negligence laws may still allow their survivors to recover damages. However, those damages would be reduced by the percentage of the worker's fault.
Understanding Psychological Damages in Wrongful Death Cases
While economic damages are essential to address financial losses, the emotional toll of a wrongful death can be immeasurable. Wrongful death cases often involve profound psychological damages, including grief, depression, anxiety, and post-traumatic stress disorder (PTSD).
"The American Psychological Association (APA, 2022) outlines specific symptoms of prolonged grief disorder, a condition often observed in individuals who have experienced the traumatic loss of a loved one due to wrongful death. These symptoms include: a significant disruption in one's sense of self, a marked disbelief about the reality of the death, and a consistent pattern of avoiding situations or reminders that relate to the deceased.
In California, survivors can seek compensation for these psychological damages, which are considered non-economic losses. To establish these damages, attorneys may present evidence of the survivors' emotional distress, including testimony from family members, friends, and mental health professionals.
Expert testimony from psychologists or psychiatrists can provide valuable insights into the severity and duration of the survivors' emotional suffering. These experts can also help quantify the impact of the loss on the survivors' quality of life.
It's important to understand that the emotional impact of a wrongful death can vary significantly depending on the relationship between the survivors and the deceased, as well as the circumstances surrounding the death.
The Role of Technology in Modern Wrongful Death Investigations
Modern technology has transformed wrongful death investigations, providing powerful tools for gathering evidence and reconstructing events.
Digital Forensics: In cases involving vehicular accidents or workplace incidents, digital forensics experts can analyze data from electronic devices, such as smartphones, computers, and vehicle black boxes, to uncover crucial information.
Surveillance Footage: Security cameras and dashcams can provide invaluable evidence of the events leading to the death. Attorneys may use these recordings to establish liability and reconstruct the sequence of events.
Drone Technology: Drones can be used to capture aerial footage of accident scenes, providing a comprehensive view of the area and identifying potential hazards. This technology is particularly useful in cases involving complex accident scenes or remote locations.
Data Analytics: Attorneys may use data analytics tools to analyze large volumes of data, such as medical records, police reports, and witness statements, to identify patterns and establish connections.
Social Media Analysis: In some cases, social media posts and online activity may provide valuable insights into the deceased's state of mind or the circumstances surrounding their death. However, it is important to note that the use of social media evidence must comply with privacy laws and ethical guidelines.
The Value of a Wrongful Death Attorney
The abrupt loss of a loved one due to the negligent act of another person is an unbearable occurrence. Irresponsible or reckless actions may underlie the unfortunate departure of a dear one. No amount of financial compensation can ever replace the one you hold dear to your heart. However, it's important to note that you're entitled to pursue reimbursement by law. Establishing a partnership with a proficient wrongful death attorney can strengthen your case and ease the path to obtaining monetary compensation to alleviate funeral expenses, medical bills, and the emotional distress caused by such a sorrowful event.
Enter Belal Hamideh, a prominent wrongful death attorney based in California. Belal has a successful track record of favorably resolved wrongful death cases. His vast experience is utilized to vigorously represent your interests, ensuring that you secure the maximum financial compensation to ease the emotional and financial burden of your loss. Belal offers a free case review where he assesses your claim's potential value and explains how he can help.
Understanding the Concept of Wrongful Death
As defined by California law, a wrongful death refers to situations where a person's wrongful conduct results in another person's death. These actions can encompass thoughtless and careless deeds up to intentional harm. If the act was committed on purpose, it may even lead to criminal charges against the perpetrator.
If you find yourself embroiled in such a vexing situation, there is a good chance that you may have a valid claim for a wrongful death lawsuit. In case of confusion about your legal rights, consulting with a seasoned attorney is a prudent move.
Establishing a Wrongful Death Case
A convincing wrongful death claim hinges on the proof of four essential elements. The crux of the argument should be evidence showing that the defendant's reckless, negligent, or careless behavior caused the death of your loved one. Remember, even if the defendant's actions were only partially responsible for the death, your claim is still valid.
The second stage involves establishing the defendant's duty of care towards your late loved one. This duty varies depending on the circumstances - such as a physician's responsibility towards their patient or a motorist's obligation to follow the rules of the road.
Next, it should be established that the defendant's failure to fulfill their duty of care resulted in your loved one's death. Finally, evidence should confirm quantifiable damages resulting from your loved one's death, including medical costs, funeral expenses, loss of income or prospective earnings, emotional distress experienced by you, and potentially, the loss of guidance, shelter, and inheritance.
Venturing into a wrongful death lawsuit can be laden with complications and challenges. But with a seasoned lawyer like Belal Hamideh by your side, you can navigate this arduous journey with confidence. Given his deep experience with California wrongful death cases, Belal offers the committed representation you need to pursue the justice you rightly deserve.
Understanding Compensation In California's Wrongful Death Cases
A common question that arises among potential claimants is – what kind of compensation can one expect in a wrongful death case in California? This compensation primarily splits into two broad categories - economic and non-economic damages. Economic damages cover tangible and measurable expenses like funeral and burial costs, accrued medical costs, and lost earnings. In contrast, non-economic damages encompass emotional pain, loss of companionship, and loss of moral support suffered.
Despite the inherent difficulty in attributing a monetary value to these intangible damages, the dedication to ensuring that clients secure the maximum possible compensation remains steadfast.
Analyzing Potential Damages in Wrongful Death Cases
In wrongful death incidents, the anticipated compensation is shaped by a multitude of factors. These include the deceased's age at the time of death, the plaintiff's life expectancy, among other variables.
Economic damages primarily comprise expenses such as funeral and burial costs, anticipated financial support the beneficiaries were expecting, loss of home services, and foreseen gifts or benefits from the deceased.
On the other hand, non-economic damages address the emotional turmoil caused by the sudden loss of a family member. This encompasses emotional support, companionship, protection, moral support, guidance, teaching, and loss of consortium.
It should be underscored that under California law, punitive damages are not permitted in wrongful death cases. To pursue punitive damages, a survival action must be filed along with the wrongful death claim if both arose from the same wrongful act.
During your consultation with Belal, he will use his extensive experience to propose potential scenarios for your case and develop a strategic plan to place you in the most advantageous position possible.
Compensation Rights in Wrongful Death Suits
Understanding the legal outlines that determine who has the right to seek compensation in wrongful death suits can be pivotal. Typically, it's the immediate family – the spouses and the children – who are the primary candidates for filing a wrongful death claim. In the absence of any dependents or immediate family, the parents of the deceased might be the recipients of the compensation.
Navigating the requirements for eligibility in wrongful death cases can be bewildering and may lead to confusion about possible reparations and eligibility. Navigating this convoluted path successfully requires the knowledge of a proficient attorney who has a knack for wrongful death cases, like Belal Hamideh.
Belal Hamideh: A Resource in California for Wrongful Death Cases
The grief of losing a loved one becomes magnified when the death comes as a result of another’s negligence. At such a time, support from a seasoned wrongful death attorney like Belal Hamideh can be invaluable in the pursuit of justice. With commitment and meticulousness, Belal manages all dimensions of your case, providing much needed relief during this trying season.
Belal and his team are unwavering in their support of their clients, assuming complete ownership of the full legal process. We acknowledge the challenges associated with managing grief while concurrently grappling with legal complexities. By assuming this responsibility, we enable clients to focus on grieving and fondly recollecting memories of the deceased.
When Belal’s team takes on a case, we commence an exhaustive investigation to understand the circumstances leading to the wrongful death. By identifying every entity connected to the event, we're able to construct a formidable case. If the incident involves multiple responsible parties, the aim is to hold each accountable for their collective responsibility.
During this intricate journey, Belal and his crew serve as unwavering allies, providing guidance, updates, and emotional support. As the trauma of loss can take a heavy emotional toll, we strive to lighten this burden by offering clarity, reassurance, and hope.
Understanding the Cost Structure
Belal Hamideh's practice distinguishes itself with a contingency fee model. We do not burden clients with initial payments or out-of-pocket expenses. Instead, we calculate and deduct the fee from the case's final settlement or judgment. We designed this plan to ease clients' financial stress during this demanding period.
This fee structure requires clients to pay the law firm only if we win the case. Regulatory bodies might use extreme tactics to avoid fair compensation, but Belal and his efficient team counter such strategies. We take great pride in their 99% success rate and fully commit to securing fair compensation for their clients.
To further support clients, Belal works alongside healthcare professionals who also operate on a contingency basis. If a client requires medical attention, we can coordinate with these professionals, with their fee also deducted from any settlement. This comprehensive approach to handling wrongful death lawsuits verifies Belal Hamideh as a dependable choice for Californians seeking justice.
Distinguishing “Wrongful Death” from “Homicide”
One incident can potentially result in both a wrongful death lawsuit and a criminal charge. The key detail to keep in mind here is the significant difference between these two legal terms.
Wrongful death cases, being civil lawsuits, seek financial compensation for the survivors. Heirs are eligible for both economic and non-economic damages.
Conversely, criminal homicide cases mean that the defendant is facing criminal charges, with a possibility of imprisonment.
Contrasting Evidence Standards and Time Limits in Wrongful Death and Criminal Homicide Cases
The type of evidence required for criminal and civil cases varies greatly. Criminal trials require evidence to establish guilt beyond a reasonable doubt.
Civil lawsuits, on the other hand, require evidence that meets the "preponderance of evidence" standard. Meaning, to win a wrongful death claim, you need to show that the defendant's negligence was likely the cause of death.
Having a proficient attorney significantly increases the chance of a favorable outcome, despite the less stringent evidence requirements in a civil case.
Deadlines for Filing a Wrongful Death Lawsuit in California
Wrongful death lawsuits in California have a two-year statute of limitations. This allows a two-year period from the date of death to file a wrongful death lawsuit.
However, this timeframe can shrink quickly as you manage other matters following the death of a loved one. The window is even shorter—just six months—if the government is a defendant in the case.
Navigating these legal complexities can be intimidating and puzzling. Strictly adhering to these deadlines is of utmost importance as any delay could result in the loss of legal recourse. It’s crucial that no one loses the opportunity to seek justice for the premature demise of their loved one.
The Complex Dynamics Of Wrongful Death Compensation
Grasping the vital factors influencing the worth of your wrongful death claim involves a strategic review of all possible aspects that could fluctuate its value. Every state, including California, has definitive laws regarding damages. Remarkably, California bears no restrictions on damages, thus enabling jurors to potentially award substantial compensations in wrongful death cases.
Features like the age of the departed, the count of minor children and their respective ages, the circumstances of the mishap, the extent of financial dependence on the deceased by the life partner can all shape case appraisals. These aspects can either escalate or diminish a family’s settlement.
A court will probably settle a smaller amount if an elderly family member died, they had no surviving spouse or offspring, and they largely caused the incident. A court will likely settle a significant amount if a deceased person had dependents and held minimal fault.
Belal Hamideh meticulously examines your case and then creates a focused approach to benefit you. Someone's neglect kills your loved one and challenges you. Mr. Hamideh, a well-respected Wrongful Death Attorney in California, knows he cannot remove your hardship, but he dedicates himself to lessening your burden. He defends your rights and applies his extensive knowledge and practice to help you secure the most substantial compensation for your tragic loss. Contact us through our website or call us for a free case evaluation.
Wrongful death cases often arise from workplace accidents, highlighting the critical importance of safety regulations. In California, employers have a legal obligation to provide a safe working environment, as mandated by the California Occupational Safety and Health Administration (Cal/OSHA).
According to a recent report from the U.S. Bureau of Labor Statistics (BLS), California experienced 439 fatal work injuries in 2023, a decrease from the previous year. Nationally, the BLS reported 5,283 workplace fatalities in 2023, also showing a decline from 2022. These figures highlight the continued occurrence of tragic workplace incidents, even with recent improvements.
When a workplace fatality occurs, Cal/OSHA conducts an investigation to determine if safety violations contributed to the incident. If violations are found, the employer may face penalties, and this investigation can provide crucial evidence for a wrongful death lawsuit.
Beyond Cal/OSHA regulations, employers may also have a duty to provide specific training, equipment, and safety protocols based on the nature of the work. Failure to adhere to these standards can be grounds for a wrongful death claim.
It is essential to understand that even if the deceased worker was partially at fault, California's comparative negligence laws may still allow their survivors to recover damages. However, those damages would be reduced by the percentage of the worker's fault.
Understanding Psychological Damages in Wrongful Death Cases
While economic damages are essential to address financial losses, the emotional toll of a wrongful death can be immeasurable. Wrongful death cases often involve profound psychological damages, including grief, depression, anxiety, and post-traumatic stress disorder (PTSD).
"The American Psychological Association (APA, 2022) outlines specific symptoms of prolonged grief disorder, a condition often observed in individuals who have experienced the traumatic loss of a loved one due to wrongful death. These symptoms include: a significant disruption in one's sense of self, a marked disbelief about the reality of the death, and a consistent pattern of avoiding situations or reminders that relate to the deceased.
In California, survivors can seek compensation for these psychological damages, which are considered non-economic losses. To establish these damages, attorneys may present evidence of the survivors' emotional distress, including testimony from family members, friends, and mental health professionals.
Expert testimony from psychologists or psychiatrists can provide valuable insights into the severity and duration of the survivors' emotional suffering. These experts can also help quantify the impact of the loss on the survivors' quality of life.
It's important to understand that the emotional impact of a wrongful death can vary significantly depending on the relationship between the survivors and the deceased, as well as the circumstances surrounding the death.
The Role of Technology in Modern Wrongful Death Investigations
Modern technology has transformed wrongful death investigations, providing powerful tools for gathering evidence and reconstructing events.
Digital Forensics: In cases involving vehicular accidents or workplace incidents, digital forensics experts can analyze data from electronic devices, such as smartphones, computers, and vehicle black boxes, to uncover crucial information.
Surveillance Footage: Security cameras and dashcams can provide invaluable evidence of the events leading to the death. Attorneys may use these recordings to establish liability and reconstruct the sequence of events.
Drone Technology: Drones can be used to capture aerial footage of accident scenes, providing a comprehensive view of the area and identifying potential hazards. This technology is particularly useful in cases involving complex accident scenes or remote locations.
Data Analytics: Attorneys may use data analytics tools to analyze large volumes of data, such as medical records, police reports, and witness statements, to identify patterns and establish connections.
Social Media Analysis: In some cases, social media posts and online activity may provide valuable insights into the deceased's state of mind or the circumstances surrounding their death. However, it is important to note that the use of social media evidence must comply with privacy laws and ethical guidelines.
The Value of a Wrongful Death Attorney
The abrupt loss of a loved one due to the negligent act of another person is an unbearable occurrence. Irresponsible or reckless actions may underlie the unfortunate departure of a dear one. No amount of financial compensation can ever replace the one you hold dear to your heart. However, it's important to note that you're entitled to pursue reimbursement by law. Establishing a partnership with a proficient wrongful death attorney can strengthen your case and ease the path to obtaining monetary compensation to alleviate funeral expenses, medical bills, and the emotional distress caused by such a sorrowful event.
Enter Belal Hamideh, a prominent wrongful death attorney based in California. Belal has a successful track record of favorably resolved wrongful death cases. His vast experience is utilized to vigorously represent your interests, ensuring that you secure the maximum financial compensation to ease the emotional and financial burden of your loss. Belal offers a free case review where he assesses your claim's potential value and explains how he can help.
Understanding the Concept of Wrongful Death
As defined by California law, a wrongful death refers to situations where a person's wrongful conduct results in another person's death. These actions can encompass thoughtless and careless deeds up to intentional harm. If the act was committed on purpose, it may even lead to criminal charges against the perpetrator.
If you find yourself embroiled in such a vexing situation, there is a good chance that you may have a valid claim for a wrongful death lawsuit. In case of confusion about your legal rights, consulting with a seasoned attorney is a prudent move.
Establishing a Wrongful Death Case
A convincing wrongful death claim hinges on the proof of four essential elements. The crux of the argument should be evidence showing that the defendant's reckless, negligent, or careless behavior caused the death of your loved one. Remember, even if the defendant's actions were only partially responsible for the death, your claim is still valid.
The second stage involves establishing the defendant's duty of care towards your late loved one. This duty varies depending on the circumstances - such as a physician's responsibility towards their patient or a motorist's obligation to follow the rules of the road.
Next, it should be established that the defendant's failure to fulfill their duty of care resulted in your loved one's death. Finally, evidence should confirm quantifiable damages resulting from your loved one's death, including medical costs, funeral expenses, loss of income or prospective earnings, emotional distress experienced by you, and potentially, the loss of guidance, shelter, and inheritance.
Venturing into a wrongful death lawsuit can be laden with complications and challenges. But with a seasoned lawyer like Belal Hamideh by your side, you can navigate this arduous journey with confidence. Given his deep experience with California wrongful death cases, Belal offers the committed representation you need to pursue the justice you rightly deserve.
Understanding Compensation In California's Wrongful Death Cases
A common question that arises among potential claimants is – what kind of compensation can one expect in a wrongful death case in California? This compensation primarily splits into two broad categories - economic and non-economic damages. Economic damages cover tangible and measurable expenses like funeral and burial costs, accrued medical costs, and lost earnings. In contrast, non-economic damages encompass emotional pain, loss of companionship, and loss of moral support suffered.
Despite the inherent difficulty in attributing a monetary value to these intangible damages, the dedication to ensuring that clients secure the maximum possible compensation remains steadfast.
Analyzing Potential Damages in Wrongful Death Cases
In wrongful death incidents, the anticipated compensation is shaped by a multitude of factors. These include the deceased's age at the time of death, the plaintiff's life expectancy, among other variables.
Economic damages primarily comprise expenses such as funeral and burial costs, anticipated financial support the beneficiaries were expecting, loss of home services, and foreseen gifts or benefits from the deceased.
On the other hand, non-economic damages address the emotional turmoil caused by the sudden loss of a family member. This encompasses emotional support, companionship, protection, moral support, guidance, teaching, and loss of consortium.
It should be underscored that under California law, punitive damages are not permitted in wrongful death cases. To pursue punitive damages, a survival action must be filed along with the wrongful death claim if both arose from the same wrongful act.
During your consultation with Belal, he will use his extensive experience to propose potential scenarios for your case and develop a strategic plan to place you in the most advantageous position possible.
Compensation Rights in Wrongful Death Suits
Understanding the legal outlines that determine who has the right to seek compensation in wrongful death suits can be pivotal. Typically, it's the immediate family – the spouses and the children – who are the primary candidates for filing a wrongful death claim. In the absence of any dependents or immediate family, the parents of the deceased might be the recipients of the compensation.
Navigating the requirements for eligibility in wrongful death cases can be bewildering and may lead to confusion about possible reparations and eligibility. Navigating this convoluted path successfully requires the knowledge of a proficient attorney who has a knack for wrongful death cases, like Belal Hamideh.
Belal Hamideh: A Resource in California for Wrongful Death Cases
The grief of losing a loved one becomes magnified when the death comes as a result of another’s negligence. At such a time, support from a seasoned wrongful death attorney like Belal Hamideh can be invaluable in the pursuit of justice. With commitment and meticulousness, Belal manages all dimensions of your case, providing much needed relief during this trying season.
Belal and his team are unwavering in their support of their clients, assuming complete ownership of the full legal process. We acknowledge the challenges associated with managing grief while concurrently grappling with legal complexities. By assuming this responsibility, we enable clients to focus on grieving and fondly recollecting memories of the deceased.
When Belal’s team takes on a case, we commence an exhaustive investigation to understand the circumstances leading to the wrongful death. By identifying every entity connected to the event, we're able to construct a formidable case. If the incident involves multiple responsible parties, the aim is to hold each accountable for their collective responsibility.
During this intricate journey, Belal and his crew serve as unwavering allies, providing guidance, updates, and emotional support. As the trauma of loss can take a heavy emotional toll, we strive to lighten this burden by offering clarity, reassurance, and hope.
Understanding the Cost Structure
Belal Hamideh's practice distinguishes itself with a contingency fee model. We do not burden clients with initial payments or out-of-pocket expenses. Instead, we calculate and deduct the fee from the case's final settlement or judgment. We designed this plan to ease clients' financial stress during this demanding period.
This fee structure requires clients to pay the law firm only if we win the case. Regulatory bodies might use extreme tactics to avoid fair compensation, but Belal and his efficient team counter such strategies. We take great pride in their 99% success rate and fully commit to securing fair compensation for their clients.
To further support clients, Belal works alongside healthcare professionals who also operate on a contingency basis. If a client requires medical attention, we can coordinate with these professionals, with their fee also deducted from any settlement. This comprehensive approach to handling wrongful death lawsuits verifies Belal Hamideh as a dependable choice for Californians seeking justice.
Distinguishing “Wrongful Death” from “Homicide”
One incident can potentially result in both a wrongful death lawsuit and a criminal charge. The key detail to keep in mind here is the significant difference between these two legal terms.
Wrongful death cases, being civil lawsuits, seek financial compensation for the survivors. Heirs are eligible for both economic and non-economic damages.
Conversely, criminal homicide cases mean that the defendant is facing criminal charges, with a possibility of imprisonment.
Contrasting Evidence Standards and Time Limits in Wrongful Death and Criminal Homicide Cases
The type of evidence required for criminal and civil cases varies greatly. Criminal trials require evidence to establish guilt beyond a reasonable doubt.
Civil lawsuits, on the other hand, require evidence that meets the "preponderance of evidence" standard. Meaning, to win a wrongful death claim, you need to show that the defendant's negligence was likely the cause of death.
Having a proficient attorney significantly increases the chance of a favorable outcome, despite the less stringent evidence requirements in a civil case.
Deadlines for Filing a Wrongful Death Lawsuit in California
Wrongful death lawsuits in California have a two-year statute of limitations. This allows a two-year period from the date of death to file a wrongful death lawsuit.
However, this timeframe can shrink quickly as you manage other matters following the death of a loved one. The window is even shorter—just six months—if the government is a defendant in the case.
Navigating these legal complexities can be intimidating and puzzling. Strictly adhering to these deadlines is of utmost importance as any delay could result in the loss of legal recourse. It’s crucial that no one loses the opportunity to seek justice for the premature demise of their loved one.
The Complex Dynamics Of Wrongful Death Compensation
Grasping the vital factors influencing the worth of your wrongful death claim involves a strategic review of all possible aspects that could fluctuate its value. Every state, including California, has definitive laws regarding damages. Remarkably, California bears no restrictions on damages, thus enabling jurors to potentially award substantial compensations in wrongful death cases.
Features like the age of the departed, the count of minor children and their respective ages, the circumstances of the mishap, the extent of financial dependence on the deceased by the life partner can all shape case appraisals. These aspects can either escalate or diminish a family’s settlement.
A court will probably settle a smaller amount if an elderly family member died, they had no surviving spouse or offspring, and they largely caused the incident. A court will likely settle a significant amount if a deceased person had dependents and held minimal fault.
Belal Hamideh meticulously examines your case and then creates a focused approach to benefit you. Someone's neglect kills your loved one and challenges you. Mr. Hamideh, a well-respected Wrongful Death Attorney in California, knows he cannot remove your hardship, but he dedicates himself to lessening your burden. He defends your rights and applies his extensive knowledge and practice to help you secure the most substantial compensation for your tragic loss. Contact us through our website or call us for a free case evaluation.
In California, the wrongful death statute of limitations is two years from the date of your loved one’s death. So, you have to bring a suit within two years not from when they were injured but from when they died.
This may sound like a long period of time, but, truthfully, it is not all that long. Specifically, it’s not all that long when you consider how much time will be spent dealing with the aftermath from losing your loved one unexpectedly.
To schedule a free case evaluation with an experienced wrongful death lawyer, reach out to Belal Hamideh through this site or by calling.
This may sound like a long period of time, but, truthfully, it is not all that long. Specifically, it’s not all that long when you consider how much time will be spent dealing with the aftermath from losing your loved one unexpectedly.
To schedule a free case evaluation with an experienced wrongful death lawyer, reach out to Belal Hamideh through this site or by calling.
When a loved one's life is tragically and prematurely ended by the careless, reckless, or intentional actions of another, legal avenues exist to address this profound injustice. It's crucial to understand that a loved one's unexpected passing may not be a random event, but rather a direct result of someone else's negligence.
If you suspect you have a case, it's essential to consult with an experienced wrongful death lawyer. You can contact Belal Hamideh through this platform or by phone.
Experienced Wrongful Death Legal Counsel
The sudden loss of a cherished individual due to another's negligence is devastating. Actions stemming from recklessness or thoughtlessness can lead to the most unfortunate of outcomes. While no amount of money can replace a loved one, you have the legal right to seek compensation. Partnering with a skilled wrongful death lawyer can strengthen your case and streamline the process of securing financial recovery for funeral expenses, medical bills, and the emotional distress caused by such a tragic event.
Belal Hamideh, a distinguished wrongful death legal representative based in California, has a proven track record of successfully resolving numerous wrongful death lawsuits. His extensive experience allows him to vigorously advocate for your case, ensuring you receive the maximum financial relief to address both emotional and economic losses. Belal offers a complimentary case evaluation to assess your claim's potential and explain how he can assist you.
Grasping the Definition of Wrongful Death
Under California law, wrongful death occurs when one person's wrongful actions lead to another's death. These actions can range from negligent and reckless behavior to intentional harm. If the act was deliberate, the responsible party may also face criminal charges.
If you find yourself in such a distressing situation, you may have grounds to file a wrongful death lawsuit. When unsure about your legal rights, consulting with an experienced attorney is highly recommended.
Validating a Wrongful Death Lawsuit
A successful wrongful death lawsuit requires proving four key elements. The primary focus is demonstrating that the defendant's negligent or reckless behavior directly caused your loved one's death. Even if the defendant's actions were partially responsible, your claim may still be valid.
Secondly, you must prove the defendant owed a duty of care to your deceased loved one. This duty varies depending on the circumstances, such as a doctor's duty to a patient or a driver's duty to obey traffic laws.
Next, it must be proven that the defendant's breach of this duty resulted in your loved one's death. Finally, evidence must substantiate the tangible damages resulting from your loved one's death, including medical expenses, funeral costs, lost income, emotional distress, and potential loss of guidance, protection, and inheritance.
Navigating a wrongful death lawsuit can be complex. However, with a seasoned attorney like Belal Hamideh by your side, you can approach this journey with confidence. Leveraging his extensive experience in California wrongful death cases, Belal provides the dedicated representation you need to pursue the justice you deserve.
Deciphering the Payment Structure in California's Wrongful Death Cases
A common question is: What compensation can be expected in a wrongful death case in California? Compensation generally falls into two categories: economic and non-economic damages. Economic damages cover tangible expenses like funeral and burial costs, medical bills, and lost earnings. Non-economic damages address emotional distress, loss of companionship, and loss of support.
Despite the challenge of assigning monetary value to intangible damages, the commitment to securing maximum compensation remains unwavering.
Scrutinizing Potential Damages in Wrongful Death Cases
Compensation is influenced by various factors, including the deceased's age at the time of death and the claimant's life expectancy.
Economic damages primarily cover expenses such as funeral and burial costs, lost financial support, loss of household services, and potential gifts or benefits from the deceased.
Non-economic damages address the emotional impact of the loss, including emotional support, companionship, protection, moral guidance, and loss of consortium.
It's important to note that California law does not allow punitive damages in wrongful death lawsuits. To seek punitive damages, a survival action must be filed alongside the wrongful death claim if both arise from the same wrongful act.
During your consultation with Belal, he will use his expertise to assess your case and develop a strategic plan to maximize your potential outcome.
[caption id="attachment_30261" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Comprehending Compensation Rights in Wrongful Death Claims
Understanding who can seek compensation in a wrongful death claim is crucial. Typically, the immediate family—spouses and children—are the primary claimants. If there are no dependents or immediate family, the deceased's parents may be eligible.
Navigating the eligibility requirements for wrongful death compensation can be complex and lead to uncertainty. Consulting with an experienced wrongful death attorney like Belal Hamideh is essential.
Belal Hamideh: Reliable Advocate in California for Wrongful Death
The grief of losing a loved one is compounded when the death results from someone else's negligence. In these moments, having a skilled wrongful death lawyer like Belal Hamideh can be invaluable. Belal manages every aspect of your case with dedication and thoroughness, providing much-needed relief during this challenging time.
Belal and his team prioritize client support, taking full control of the legal process. They understand the difficulties of grieving while managing legal complexities. By handling these matters, they allow clients to focus on mourning and remembering their loved ones.
Upon taking a case, Belal's team conducts a thorough investigation to understand the circumstances leading to the wrongful death. By identifying all parties involved, they build a strong case. If multiple parties are liable, they ensure each is held accountable.
Throughout this process, Belal and his team provide guidance, updates, and emotional support. Recognizing the emotional toll of loss, they aim to offer clarity, reassurance, and hope.
Making Sense of the Fee Structure
Belal Hamideh's firm operates on a contingency fee basis, meaning clients do not pay upfront. Instead, the fee is deducted from the final settlement or judgment. This policy alleviates financial strain during a difficult time.
Payment is due only if the case is successful. While some parties may attempt to avoid just compensation, Belal and his team have the skills to counter such strategies. They pride themselves on their 99% success rate and are committed to securing fair compensation.
Belal also collaborates with healthcare professionals who work on a contingency basis, ensuring clients receive necessary medical care without upfront costs. This holistic approach makes Belal Hamideh a reliable choice for Californians seeking justice.
Differentiating Between “Wrongful Death” and “Homicide”
A single event can potentially trigger both a wrongful death lawsuit and a criminal charge. An important point to bear in mind is the crucial difference between these two legal concepts.
Wrongful death cases are civil lawsuits that aim to secure financial compensation for the survivors. Heirs can claim both economic and emotional damages.
In contrast, criminal homicide cases imply that the defendant is being charged criminally, potentially leading to incarceration.
Comparing Evidence Requirements and Deadlines in Wrongful Death and Criminal Homicide Cases
Evidence requirements differ significantly between criminal and civil cases. Criminal trials require proof beyond a reasonable doubt, while civil lawsuits require a preponderance of evidence.
Despite the lighter evidence requirement in civil cases, engaging a skilled attorney greatly increases the likelihood of a successful outcome.
Wrongful death lawsuits in California have a two-year statute of limitations from the date of death. This timeframe can be shorter if the government is involved.
These legal complexities can be daunting, and strict compliance with deadlines is crucial. Any delay could result in losing the ability to seek legal recourse.
Timeframe for Filing a Wrongful Death Lawsuit in California
In California, wrongful death lawsuits have a two-year statute of limitations. This stipulates a two-year duration from the date of death to file a wrongful death lawsuit.
This timeframe, however, can erode rapidly as you handle other affairs following a death. The window narrows to just six months if the government is a defendant.
These legal intricacies can be daunting and perplexing. Strict compliance with these deadlines is crucial, as any delay could mean losing the ability to seek legal recourse. Care must be taken to ensure that everyone gets the chance to pursue justice for an untimely demise.
Factors Affecting Wrongful Death Compensation
Understanding the crucial elements that affect the value of your wrongful death claim requires a strategic examination of all potential factors that could influence its value. Each state, including California, has definitive laws regarding damages. Notably, California imposes no caps on damages, thus allowing juries to potentially award significant compensations in wrongful death cases.
Aspects like the age of the deceased, the number of minor children and their respective ages, the particulars of the accident, the level of financial dependence on the deceased by the spouse can all affect case evaluations. These factors can either increase or decrease a family’s settlement.
For instance, a case involving the death of an elderly family member, with no surviving spouse or children, and who shares a significant portion of the blame for the incident, will likely result in a smaller settlement. Conversely, a case featuring a deceased person with dependents and minimal fault can anticipate a sizable compensation.
Belal Hamideh, dedicated to your defense, carefully scrutinizes your case and then devises a targeted strategy potentially beneficial for you.
The passing of a loved one due to another's negligence can undoubtedly be one of the most challenging trials you face. Belal Hamideh, a highly esteemed Wrongful Death Lawyer based in California, acknowledges that he can't alleviate the ordeal you're experiencing, but he is wholly committed to easing your burden. He is steadfast in his mission to protect your rights, using his comprehensive knowledge and experience to help you secure the most considerable compensation for your tragic loss. Get in touch with us via our website or call us for a free case evaluation.
California Wrongful Death Laws
These laws may pertain to your situation. If you have further questions, contact Belal.
California 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.
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.
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.
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.
If you suspect you have a case, it's essential to consult with an experienced wrongful death lawyer. You can contact Belal Hamideh through this platform or by phone.
Experienced Wrongful Death Legal Counsel
The sudden loss of a cherished individual due to another's negligence is devastating. Actions stemming from recklessness or thoughtlessness can lead to the most unfortunate of outcomes. While no amount of money can replace a loved one, you have the legal right to seek compensation. Partnering with a skilled wrongful death lawyer can strengthen your case and streamline the process of securing financial recovery for funeral expenses, medical bills, and the emotional distress caused by such a tragic event.
Belal Hamideh, a distinguished wrongful death legal representative based in California, has a proven track record of successfully resolving numerous wrongful death lawsuits. His extensive experience allows him to vigorously advocate for your case, ensuring you receive the maximum financial relief to address both emotional and economic losses. Belal offers a complimentary case evaluation to assess your claim's potential and explain how he can assist you.
Grasping the Definition of Wrongful Death
Under California law, wrongful death occurs when one person's wrongful actions lead to another's death. These actions can range from negligent and reckless behavior to intentional harm. If the act was deliberate, the responsible party may also face criminal charges.
If you find yourself in such a distressing situation, you may have grounds to file a wrongful death lawsuit. When unsure about your legal rights, consulting with an experienced attorney is highly recommended.
Validating a Wrongful Death Lawsuit
A successful wrongful death lawsuit requires proving four key elements. The primary focus is demonstrating that the defendant's negligent or reckless behavior directly caused your loved one's death. Even if the defendant's actions were partially responsible, your claim may still be valid.
Secondly, you must prove the defendant owed a duty of care to your deceased loved one. This duty varies depending on the circumstances, such as a doctor's duty to a patient or a driver's duty to obey traffic laws.
Next, it must be proven that the defendant's breach of this duty resulted in your loved one's death. Finally, evidence must substantiate the tangible damages resulting from your loved one's death, including medical expenses, funeral costs, lost income, emotional distress, and potential loss of guidance, protection, and inheritance.
Navigating a wrongful death lawsuit can be complex. However, with a seasoned attorney like Belal Hamideh by your side, you can approach this journey with confidence. Leveraging his extensive experience in California wrongful death cases, Belal provides the dedicated representation you need to pursue the justice you deserve.
Deciphering the Payment Structure in California's Wrongful Death Cases
A common question is: What compensation can be expected in a wrongful death case in California? Compensation generally falls into two categories: economic and non-economic damages. Economic damages cover tangible expenses like funeral and burial costs, medical bills, and lost earnings. Non-economic damages address emotional distress, loss of companionship, and loss of support.
Despite the challenge of assigning monetary value to intangible damages, the commitment to securing maximum compensation remains unwavering.
Scrutinizing Potential Damages in Wrongful Death Cases
Compensation is influenced by various factors, including the deceased's age at the time of death and the claimant's life expectancy.
Economic damages primarily cover expenses such as funeral and burial costs, lost financial support, loss of household services, and potential gifts or benefits from the deceased.
Non-economic damages address the emotional impact of the loss, including emotional support, companionship, protection, moral guidance, and loss of consortium.
It's important to note that California law does not allow punitive damages in wrongful death lawsuits. To seek punitive damages, a survival action must be filed alongside the wrongful death claim if both arise from the same wrongful act.
During your consultation with Belal, he will use his expertise to assess your case and develop a strategic plan to maximize your potential outcome.
[caption id="attachment_30261" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Comprehending Compensation Rights in Wrongful Death Claims
Understanding who can seek compensation in a wrongful death claim is crucial. Typically, the immediate family—spouses and children—are the primary claimants. If there are no dependents or immediate family, the deceased's parents may be eligible.
Navigating the eligibility requirements for wrongful death compensation can be complex and lead to uncertainty. Consulting with an experienced wrongful death attorney like Belal Hamideh is essential.
Belal Hamideh: Reliable Advocate in California for Wrongful Death
The grief of losing a loved one is compounded when the death results from someone else's negligence. In these moments, having a skilled wrongful death lawyer like Belal Hamideh can be invaluable. Belal manages every aspect of your case with dedication and thoroughness, providing much-needed relief during this challenging time.
Belal and his team prioritize client support, taking full control of the legal process. They understand the difficulties of grieving while managing legal complexities. By handling these matters, they allow clients to focus on mourning and remembering their loved ones.
Upon taking a case, Belal's team conducts a thorough investigation to understand the circumstances leading to the wrongful death. By identifying all parties involved, they build a strong case. If multiple parties are liable, they ensure each is held accountable.
Throughout this process, Belal and his team provide guidance, updates, and emotional support. Recognizing the emotional toll of loss, they aim to offer clarity, reassurance, and hope.
Making Sense of the Fee Structure
Belal Hamideh's firm operates on a contingency fee basis, meaning clients do not pay upfront. Instead, the fee is deducted from the final settlement or judgment. This policy alleviates financial strain during a difficult time.
Payment is due only if the case is successful. While some parties may attempt to avoid just compensation, Belal and his team have the skills to counter such strategies. They pride themselves on their 99% success rate and are committed to securing fair compensation.
Belal also collaborates with healthcare professionals who work on a contingency basis, ensuring clients receive necessary medical care without upfront costs. This holistic approach makes Belal Hamideh a reliable choice for Californians seeking justice.
Differentiating Between “Wrongful Death” and “Homicide”
A single event can potentially trigger both a wrongful death lawsuit and a criminal charge. An important point to bear in mind is the crucial difference between these two legal concepts.
Wrongful death cases are civil lawsuits that aim to secure financial compensation for the survivors. Heirs can claim both economic and emotional damages.
In contrast, criminal homicide cases imply that the defendant is being charged criminally, potentially leading to incarceration.
Comparing Evidence Requirements and Deadlines in Wrongful Death and Criminal Homicide Cases
Evidence requirements differ significantly between criminal and civil cases. Criminal trials require proof beyond a reasonable doubt, while civil lawsuits require a preponderance of evidence.
Despite the lighter evidence requirement in civil cases, engaging a skilled attorney greatly increases the likelihood of a successful outcome.
Wrongful death lawsuits in California have a two-year statute of limitations from the date of death. This timeframe can be shorter if the government is involved.
These legal complexities can be daunting, and strict compliance with deadlines is crucial. Any delay could result in losing the ability to seek legal recourse.
Timeframe for Filing a Wrongful Death Lawsuit in California
In California, wrongful death lawsuits have a two-year statute of limitations. This stipulates a two-year duration from the date of death to file a wrongful death lawsuit.
This timeframe, however, can erode rapidly as you handle other affairs following a death. The window narrows to just six months if the government is a defendant.
These legal intricacies can be daunting and perplexing. Strict compliance with these deadlines is crucial, as any delay could mean losing the ability to seek legal recourse. Care must be taken to ensure that everyone gets the chance to pursue justice for an untimely demise.
Factors Affecting Wrongful Death Compensation
Understanding the crucial elements that affect the value of your wrongful death claim requires a strategic examination of all potential factors that could influence its value. Each state, including California, has definitive laws regarding damages. Notably, California imposes no caps on damages, thus allowing juries to potentially award significant compensations in wrongful death cases.
Aspects like the age of the deceased, the number of minor children and their respective ages, the particulars of the accident, the level of financial dependence on the deceased by the spouse can all affect case evaluations. These factors can either increase or decrease a family’s settlement.
For instance, a case involving the death of an elderly family member, with no surviving spouse or children, and who shares a significant portion of the blame for the incident, will likely result in a smaller settlement. Conversely, a case featuring a deceased person with dependents and minimal fault can anticipate a sizable compensation.
Belal Hamideh, dedicated to your defense, carefully scrutinizes your case and then devises a targeted strategy potentially beneficial for you.
The passing of a loved one due to another's negligence can undoubtedly be one of the most challenging trials you face. Belal Hamideh, a highly esteemed Wrongful Death Lawyer based in California, acknowledges that he can't alleviate the ordeal you're experiencing, but he is wholly committed to easing your burden. He is steadfast in his mission to protect your rights, using his comprehensive knowledge and experience to help you secure the most considerable compensation for your tragic loss. Get in touch with us via our website or call us for a free case evaluation.
California Wrongful Death Laws
These laws may pertain to your situation. If you have further questions, contact Belal.
California 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.
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.
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.
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.
As wrongful death cases are civil and not criminal in nature, they aren’t necessarily focused on “punishment” so much as they are compensation. Specifically, compensation for the survivors of the deceased. That said, these cases can serve as a form of justice, making sure that the responsible party does not act in such a manner again while also scaring others from doing the same.
If you believe that someone you love may have perished in a wrongful death, it’s worth it to reach out to an attorney. Belal Hamideh, an experienced wrongful death lawyer, can help. Schedule a free case evaluation through our site or call.
[caption id="attachment_30983" align="alignnone" width="1000"] wrongful death attorney[/caption]
How a Wrongful Death Attorney Helps
The sudden loss of a loved one instigated by the careless and reckless conduct of another party can be heart-wrenching. Actions taken without a moment's thought can lead to the most unfortunate demise of your loved one. While nothing can substitute your loss or mitigate the grief, you must remember that you are legally entitled to seek compensation. Collaborating with a competent wrongful death attorney could strengthen your case, aiding in the pursuit of financial justice to provide for funeral expenses, medical bills, and the emotional wreckage caused by the traumatic incident.
Meet Belal Hamideh, a revered wrongful death attorney operating in California. Belal's commendable record of numerous victorious wrongful death cases could be instrumental in your pursuit of justice. With his deep-rooted knowledge in the field, he fervently advocates for your case and ensures that you receive maximum monetary compensation for your distress. He provides a complimentary evaluation of your case, determining its potential worthiness and explaining how he plans to serve you.
Elucidation of Wrongful Death
In the legal frame of California, wrongful death refers to instances where the wrongful act of one person leads to the decease of another. Such activities can range from careless and negligent actions to intentional harm. If the act involves deliberate planning, it may also result in criminal charges against the culprit.
Such circumstances are heartbreaking. If you find yourself in considering you possibly have the grounds to file a wrongful death lawsuit. If you're unsure about your legal rights, it is wise to consult an experienced attorney.
[caption id="attachment_29505" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Founding a Wrongful Death Case
To legally validate a wrongful death lawsuit, four separate aspects must be proven. The primary factor involves providing evidence that the defendant's neglectful or reckless behavior directly contributed to your loved one's demise. Remember, even if the defendant's actions were partially responsible for the death, your claim may still stand strong.
The second aspect requires demonstrating the defendant's responsibility towards your deceased loved one. This duty can vary depending on the situation – for instance, a medical practitioner's obligation to their patient or a driver's duty to obey traffic regulations.
Further, it must be proven that the defendant's negligence concerning their duty resulted in your loved one's death. Lastly, evidence must be presented that clearly indicates that the death of your loved one has led to calculable damages. These damages might include medical bills, funeral costs, loss of income or potential earnings, and emotional distress experienced by you. It could also include loss of guidance, protection, and inheritance.
Embarking on a wrongful death lawsuit journey may present myriad complexities and challenges. Nevertheless, having an experienced attorney like Belal Hamideh by your side can instill confidence and guide you on this path. With his extensive experience and knowledge in California wrongful death cases, Belal provides the committed representation necessary to fight for the justice you undoubtedly deserve.
Compensation Structure For California's Wrongful Death Cases
One of the most common questions that perplex individuals is – what kind of compensation can one anticipate in a wrongful death case in California? The compensation usually falls into two main divisions - economic and non-material damages. Economic damages tackle tangible and calculable expenses such as funeral and burial costs, accumulated medical expenses, and lost wages. On the other hand, non-material damages involve the more abstract emotional pain, loss of companionship, and loss of moral support suffered.
Despite the inherent challenge of assigning a monetary figure to these intangible losses, the commitment to ensuring that clients procure the highest possible compensation remains unwavering.
The Complexities of Appropriation in Wrongful Death Scenarios
Being confronted with wrongful death circumstances can be a daunting experience. Various factors play a vital role in determining the potential compensation. Basic considerations include the age of the deceased at the time of passing, the estimated life expectancy of the claimant, and other key factors.
The financial damages mainly cover costs related to funeral or burial services, forecasted financial support the beneficiaries expected to receive, loss of domestic services, and the projected gifts or other incentives from the deceased.
Simultaneously, emotional damages aim at compensating for the emotional trauma caused by the sudden loss of a family member. Emotional damages can include comfort, intimacy, security, moral support, guidance, instruction, and lost consortium.
It's crucial to note that the California law does not permit punitive damages in wrongful death claims. If punitive damages are to be sought, a survival claim must be filed alongside the wrongful death claim, provided both are triggered by the same wrongful act.
A consultation with Belal Hamideh can be highly beneficial as he skillfully applies his wide-ranging experience to provide possible outcomes for your case and create a tactical action plan, positioning you for an advantageous outcome.
Who Can Claim Compensation in Wrongful Death Cases?
It's essential to understand the legal boundaries that dictate who can file for compensation in wrongful death cases. Generally, the immediate family - spouses and children - are given preference in filing a wrongful death claim. If there are no dependents or immediate family, parents might be viewed as beneficiaries.
Due to the intricacy of specifications for wrongful death compensation eligibility, some confusion about potential reparations and eligibility might occur. Navigating this complicated landscape requires the assistance of a seasoned wrongful death attorney like Belal Hamideh.
Belal Hamideh: A Reliable Partner in Wrongful Death Legalities in California
Experiencing the loss of a loved one is emotionally draining, especially when the death results from someone else's negligence. In such moments, having the support of a skilled wrongful death attorney like Belal Hamideh can be immensely beneficial in pursuing justice. Belal takes a dedicated and meticulous approach to managing every aspect of your case, easing your burden during these trying times.
Belal and his team prioritize supporting their clients by taking full ownership of the legal proceedings. They understand the formidable task of grieving while navigating intricate legal matters. By bearing this load, Belal and his team allow clients to concentrate on mourning and reminiscing about their deceased loved ones.
Let us assist you in every way
On accepting a case, Belal’s team immediately initiates a thorough investigation to understand the circumstances leading to the wrongful death. The goal is to unravel the truth, construct a robust case, and identify every party involved in the incident. When multiple entities are responsible for the wrongful death, the objective is to make them answerable for their collective accountability. The responsible parties could range from the driver, the individual responsible for loading the truck, the truck owner, others implicated in road usage, to the authority responsible for road maintenance, in a large truck accident.
Throughout this complex process, Belal and his team serve as staunch allies, offering guidance, providing regular updates, and empathetic support at every phase. Knowing that losing a loved one can be emotionally devastating, they aim to lighten the emotional load by providing clarity, comfort, and hope.
On taking your case, Belal Hamideh conducts a thorough appraisal and formulates a strategic plan that could favor your cause.
Coping with the loss of a loved one due to someone else's negligence is perhaps one of the most challenging experiences in life. Belal Hamideh, a highly regarded Wrongful Death Attorney based in California, realizes that he cannot erase this tough ordeal. However, he is committed to lessening your hardship. With a steadfast commitment to defending your rights, he pulls from his extensive knowledge and experience to help you secure the highest compensation for your tragic loss.
Quantifying the True Cost of Wrongful Death
Beyond the immediate emotional devastation, wrongful death cases often reveal a significant economic burden on surviving families. According to data from the Consumer Expenditures Survey, the average annual cost of raising a child in the U.S. is $13,742 approximately, based on the cost of raising a child born in 2015, totaling roughly $233,610 over 18 years. . This figure underscores the substantial financial loss when a parent is taken prematurely.
When quantifying the economic loss, we consider both lost earnings and lost earning capacity. Lost earnings are a straightforward calculation of the income the deceased would have earned from the time of the incident to the present, including wages and bonuses. This is based on their established income history. Lost earning capacity, however, projects the potential future income that is now lost, taking into account factors like career trajectory and life expectancy.
As we see, wrongful death compensation is not merely about addressing immediate expenses like funeral costs and medical bills; it's about securing the financial future of those left behind.
For additional resources you can also check out the Social Security Administration website provides valuable data on survivor benefits, which can supplement wrongful death compensation.
California Law: Wrongful Death
Reach out to us through our website or call us for a free case assessment.
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.
The Role of Expert Witnesses in Wrongful Death Cases
In wrongful death cases, expert witnesses play a crucial role in establishing liability and quantifying damages. These professionals bring specialized knowledge that can significantly impact the outcome of a case.
For instance, accident reconstruction experts can provide detailed analyses of vehicular collisions, determining the sequence of events and identifying contributing factors. Medical experts can testify about the cause of death, the extent of injuries, and the impact of medical negligence. Forensic economists can calculate the present value of lost earnings and future financial support.
The use of expert testimony is crucial in providing factual evidence to the court. The federal rules of evidence, specifically rule 702, sets the standards for expert witness testimony.
Comparative Negligence in California Wrongful Death Claims
California operates under a 'pure comparative negligence' system, which means that even if the deceased was partially at fault for the incident that led to their death, their survivors may still be able to recover damages.
This system allows for damages to be reduced in proportion to the deceased's degree of fault. For example, if the deceased was found to be 20% at fault, the compensation awarded to their survivors would be reduced by 20%.
According to the California Civil Code section 1714, the courts are to use the pure comparative negligence system.
If you believe that someone you love may have perished in a wrongful death, it’s worth it to reach out to an attorney. Belal Hamideh, an experienced wrongful death lawyer, can help. Schedule a free case evaluation through our site or call.
[caption id="attachment_30983" align="alignnone" width="1000"] wrongful death attorney[/caption]
How a Wrongful Death Attorney Helps
The sudden loss of a loved one instigated by the careless and reckless conduct of another party can be heart-wrenching. Actions taken without a moment's thought can lead to the most unfortunate demise of your loved one. While nothing can substitute your loss or mitigate the grief, you must remember that you are legally entitled to seek compensation. Collaborating with a competent wrongful death attorney could strengthen your case, aiding in the pursuit of financial justice to provide for funeral expenses, medical bills, and the emotional wreckage caused by the traumatic incident.
Meet Belal Hamideh, a revered wrongful death attorney operating in California. Belal's commendable record of numerous victorious wrongful death cases could be instrumental in your pursuit of justice. With his deep-rooted knowledge in the field, he fervently advocates for your case and ensures that you receive maximum monetary compensation for your distress. He provides a complimentary evaluation of your case, determining its potential worthiness and explaining how he plans to serve you.
Elucidation of Wrongful Death
In the legal frame of California, wrongful death refers to instances where the wrongful act of one person leads to the decease of another. Such activities can range from careless and negligent actions to intentional harm. If the act involves deliberate planning, it may also result in criminal charges against the culprit.
Such circumstances are heartbreaking. If you find yourself in considering you possibly have the grounds to file a wrongful death lawsuit. If you're unsure about your legal rights, it is wise to consult an experienced attorney.
[caption id="attachment_29505" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Founding a Wrongful Death Case
To legally validate a wrongful death lawsuit, four separate aspects must be proven. The primary factor involves providing evidence that the defendant's neglectful or reckless behavior directly contributed to your loved one's demise. Remember, even if the defendant's actions were partially responsible for the death, your claim may still stand strong.
The second aspect requires demonstrating the defendant's responsibility towards your deceased loved one. This duty can vary depending on the situation – for instance, a medical practitioner's obligation to their patient or a driver's duty to obey traffic regulations.
Further, it must be proven that the defendant's negligence concerning their duty resulted in your loved one's death. Lastly, evidence must be presented that clearly indicates that the death of your loved one has led to calculable damages. These damages might include medical bills, funeral costs, loss of income or potential earnings, and emotional distress experienced by you. It could also include loss of guidance, protection, and inheritance.
Embarking on a wrongful death lawsuit journey may present myriad complexities and challenges. Nevertheless, having an experienced attorney like Belal Hamideh by your side can instill confidence and guide you on this path. With his extensive experience and knowledge in California wrongful death cases, Belal provides the committed representation necessary to fight for the justice you undoubtedly deserve.
Compensation Structure For California's Wrongful Death Cases
One of the most common questions that perplex individuals is – what kind of compensation can one anticipate in a wrongful death case in California? The compensation usually falls into two main divisions - economic and non-material damages. Economic damages tackle tangible and calculable expenses such as funeral and burial costs, accumulated medical expenses, and lost wages. On the other hand, non-material damages involve the more abstract emotional pain, loss of companionship, and loss of moral support suffered.
Despite the inherent challenge of assigning a monetary figure to these intangible losses, the commitment to ensuring that clients procure the highest possible compensation remains unwavering.
The Complexities of Appropriation in Wrongful Death Scenarios
Being confronted with wrongful death circumstances can be a daunting experience. Various factors play a vital role in determining the potential compensation. Basic considerations include the age of the deceased at the time of passing, the estimated life expectancy of the claimant, and other key factors.
The financial damages mainly cover costs related to funeral or burial services, forecasted financial support the beneficiaries expected to receive, loss of domestic services, and the projected gifts or other incentives from the deceased.
Simultaneously, emotional damages aim at compensating for the emotional trauma caused by the sudden loss of a family member. Emotional damages can include comfort, intimacy, security, moral support, guidance, instruction, and lost consortium.
It's crucial to note that the California law does not permit punitive damages in wrongful death claims. If punitive damages are to be sought, a survival claim must be filed alongside the wrongful death claim, provided both are triggered by the same wrongful act.
A consultation with Belal Hamideh can be highly beneficial as he skillfully applies his wide-ranging experience to provide possible outcomes for your case and create a tactical action plan, positioning you for an advantageous outcome.
Who Can Claim Compensation in Wrongful Death Cases?
It's essential to understand the legal boundaries that dictate who can file for compensation in wrongful death cases. Generally, the immediate family - spouses and children - are given preference in filing a wrongful death claim. If there are no dependents or immediate family, parents might be viewed as beneficiaries.
Due to the intricacy of specifications for wrongful death compensation eligibility, some confusion about potential reparations and eligibility might occur. Navigating this complicated landscape requires the assistance of a seasoned wrongful death attorney like Belal Hamideh.
Belal Hamideh: A Reliable Partner in Wrongful Death Legalities in California
Experiencing the loss of a loved one is emotionally draining, especially when the death results from someone else's negligence. In such moments, having the support of a skilled wrongful death attorney like Belal Hamideh can be immensely beneficial in pursuing justice. Belal takes a dedicated and meticulous approach to managing every aspect of your case, easing your burden during these trying times.
Belal and his team prioritize supporting their clients by taking full ownership of the legal proceedings. They understand the formidable task of grieving while navigating intricate legal matters. By bearing this load, Belal and his team allow clients to concentrate on mourning and reminiscing about their deceased loved ones.
Let us assist you in every way
On accepting a case, Belal’s team immediately initiates a thorough investigation to understand the circumstances leading to the wrongful death. The goal is to unravel the truth, construct a robust case, and identify every party involved in the incident. When multiple entities are responsible for the wrongful death, the objective is to make them answerable for their collective accountability. The responsible parties could range from the driver, the individual responsible for loading the truck, the truck owner, others implicated in road usage, to the authority responsible for road maintenance, in a large truck accident.
Throughout this complex process, Belal and his team serve as staunch allies, offering guidance, providing regular updates, and empathetic support at every phase. Knowing that losing a loved one can be emotionally devastating, they aim to lighten the emotional load by providing clarity, comfort, and hope.
On taking your case, Belal Hamideh conducts a thorough appraisal and formulates a strategic plan that could favor your cause.
Coping with the loss of a loved one due to someone else's negligence is perhaps one of the most challenging experiences in life. Belal Hamideh, a highly regarded Wrongful Death Attorney based in California, realizes that he cannot erase this tough ordeal. However, he is committed to lessening your hardship. With a steadfast commitment to defending your rights, he pulls from his extensive knowledge and experience to help you secure the highest compensation for your tragic loss.
Quantifying the True Cost of Wrongful Death
Beyond the immediate emotional devastation, wrongful death cases often reveal a significant economic burden on surviving families. According to data from the Consumer Expenditures Survey, the average annual cost of raising a child in the U.S. is $13,742 approximately, based on the cost of raising a child born in 2015, totaling roughly $233,610 over 18 years. . This figure underscores the substantial financial loss when a parent is taken prematurely.
When quantifying the economic loss, we consider both lost earnings and lost earning capacity. Lost earnings are a straightforward calculation of the income the deceased would have earned from the time of the incident to the present, including wages and bonuses. This is based on their established income history. Lost earning capacity, however, projects the potential future income that is now lost, taking into account factors like career trajectory and life expectancy.
As we see, wrongful death compensation is not merely about addressing immediate expenses like funeral costs and medical bills; it's about securing the financial future of those left behind.
For additional resources you can also check out the Social Security Administration website provides valuable data on survivor benefits, which can supplement wrongful death compensation.
California Law: Wrongful Death
Reach out to us through our website or call us for a free case assessment.
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.
The Role of Expert Witnesses in Wrongful Death Cases
In wrongful death cases, expert witnesses play a crucial role in establishing liability and quantifying damages. These professionals bring specialized knowledge that can significantly impact the outcome of a case.
For instance, accident reconstruction experts can provide detailed analyses of vehicular collisions, determining the sequence of events and identifying contributing factors. Medical experts can testify about the cause of death, the extent of injuries, and the impact of medical negligence. Forensic economists can calculate the present value of lost earnings and future financial support.
The use of expert testimony is crucial in providing factual evidence to the court. The federal rules of evidence, specifically rule 702, sets the standards for expert witness testimony.
Comparative Negligence in California Wrongful Death Claims
California operates under a 'pure comparative negligence' system, which means that even if the deceased was partially at fault for the incident that led to their death, their survivors may still be able to recover damages.
This system allows for damages to be reduced in proportion to the deceased's degree of fault. For example, if the deceased was found to be 20% at fault, the compensation awarded to their survivors would be reduced by 20%.
According to the California Civil Code section 1714, the courts are to use the pure comparative negligence system.
Yes, a Personal Injury Lawyer is Worth It
The proficiency of a seasoned personal injury attorney significantly enhances the likelihood of your case's success. Such legal professionals are well-versed in the intricate workings of both the court system and the specific laws relating to personal injury.
These skilled attorneys can provide an accurate estimation of the value of your claim. This ensures that all possible damages—whether punitive, economic, or those related to emotional loss—are included in your claim, potentially raising its worth. Furthermore, a legal professional gives you the invaluable gift of time, allowing you to center your energies on recuperating.
Schedule a free case evaluation with an experienced personal injury lawyer, Belal Hamideh. During that, he’ll let you know how he can help.
California Laws Regarding Injuries, Accidents, and More
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code - VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
California Code, Vehicle Code - VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
[caption id="attachment_35944" align="alignnone" width="1000"] personal injury attorney[/caption]
California Code, Vehicle Code - VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
California Code, Vehicle Code - VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
California Code, Vehicle Code - VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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 § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
Your Voice, Your Rights, Your Recovery
Navigating the aftermath of a personal injury can feel like deciphering a complex legal code, a maze of regulations that often leave individuals feeling lost and overwhelmed. As highlighted by the California Vehicle Code and Code of Civil Procedure, understanding these statutes—from liability in vehicle accidents to the precise timelines for filing claims—is crucial. But legal codes alone can’t heal wounds or replace lost income. That’s where the human element comes in.
Imagine having a guide, someone who not only understands the legal landscape but also champions your right to recovery. It’s not just about knowing VEH § 17150 or CCP § 335.1; it’s about translating those statutes into real-world results. It's about ensuring that your voice is heard, your pain is acknowledged, and your future is protected.
This isn’t just about ‘Are personal injury lawyers worth it?’ It’s about recognizing that in a system designed with intricate rules, having an advocate can be the difference between simply surviving and truly thriving after an accident. It's about taking back control of your narrative, ensuring that the legal system works for you, not against you. A successful personal injury claim relies on a deep understanding of these codes and how they apply to your specific situation.
If you’re facing the daunting task of navigating a personal injury claim, remember you’re not alone. Don’t let the complexity of California law deter you from seeking the justice and compensation you deserve. Reach out to Belal Hamideh for a free case evaluation, and let’s turn those legal codes into a pathway to your recovery.
The proficiency of a seasoned personal injury attorney significantly enhances the likelihood of your case's success. Such legal professionals are well-versed in the intricate workings of both the court system and the specific laws relating to personal injury.
These skilled attorneys can provide an accurate estimation of the value of your claim. This ensures that all possible damages—whether punitive, economic, or those related to emotional loss—are included in your claim, potentially raising its worth. Furthermore, a legal professional gives you the invaluable gift of time, allowing you to center your energies on recuperating.
Schedule a free case evaluation with an experienced personal injury lawyer, Belal Hamideh. During that, he’ll let you know how he can help.
California Laws Regarding Injuries, Accidents, and More
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code - VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
California Code, Vehicle Code - VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
[caption id="attachment_35944" align="alignnone" width="1000"] personal injury attorney[/caption]
California Code, Vehicle Code - VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
California Code, Vehicle Code - VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
California Code, Vehicle Code - VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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 § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
Your Voice, Your Rights, Your Recovery
Navigating the aftermath of a personal injury can feel like deciphering a complex legal code, a maze of regulations that often leave individuals feeling lost and overwhelmed. As highlighted by the California Vehicle Code and Code of Civil Procedure, understanding these statutes—from liability in vehicle accidents to the precise timelines for filing claims—is crucial. But legal codes alone can’t heal wounds or replace lost income. That’s where the human element comes in.
Imagine having a guide, someone who not only understands the legal landscape but also champions your right to recovery. It’s not just about knowing VEH § 17150 or CCP § 335.1; it’s about translating those statutes into real-world results. It's about ensuring that your voice is heard, your pain is acknowledged, and your future is protected.
This isn’t just about ‘Are personal injury lawyers worth it?’ It’s about recognizing that in a system designed with intricate rules, having an advocate can be the difference between simply surviving and truly thriving after an accident. It's about taking back control of your narrative, ensuring that the legal system works for you, not against you. A successful personal injury claim relies on a deep understanding of these codes and how they apply to your specific situation.
If you’re facing the daunting task of navigating a personal injury claim, remember you’re not alone. Don’t let the complexity of California law deter you from seeking the justice and compensation you deserve. Reach out to Belal Hamideh for a free case evaluation, and let’s turn those legal codes into a pathway to your recovery.
Personal Injury Lawyers Sue All Parties Liable for the Injury
Determining who is responsible in an incident is a key component of any personal injury case. Whether the blame falls on an irresponsible driver, an inattentive boss, a property caretaker, or a product creator, Belal Hamideh undertakes a comprehensive probe to zero in on responsibility. With Belal by your side, take comfort in knowing that every possible path will be delved into, securing necessary accountability for your unfortunate situation.
Even if you share some fault in your accident, restitution is still possible. Under the rule known as "comparative negligence," you can obtain restitution even if you are partly at fault. The compensation will then be allocated in line with your level of guilt, ensuring that justice isn't compromised because of mutual fault.
To schedule a free case evaluation with an experienced personal injury lawyer, reach out to Belal through this site or call.
Injury and Accident Laws in CA
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code
VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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.
CCP § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
Determining who is responsible in an incident is a key component of any personal injury case. Whether the blame falls on an irresponsible driver, an inattentive boss, a property caretaker, or a product creator, Belal Hamideh undertakes a comprehensive probe to zero in on responsibility. With Belal by your side, take comfort in knowing that every possible path will be delved into, securing necessary accountability for your unfortunate situation.
Even if you share some fault in your accident, restitution is still possible. Under the rule known as "comparative negligence," you can obtain restitution even if you are partly at fault. The compensation will then be allocated in line with your level of guilt, ensuring that justice isn't compromised because of mutual fault.
To schedule a free case evaluation with an experienced personal injury lawyer, reach out to Belal through this site or call.
Injury and Accident Laws in CA
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code
VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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.
CCP § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
Yes, Personal Injury Lawyers Can Help Your Case in Many Ways
Your odds significantly improve with a seasoned personal injury attorney supporting your cause. They possess in-depth understanding of the complex court proceedings, detailed knowledge of the wide-ranging laws, and most importantly, specialized knowledge of personal injury laws.
A proficient attorney will assess your claim's value, ensuring you file for all applicable damages you may be eligible for, including punitive, economic, and damages associated with emotional distress. With their aid, tons of time gets saved, allowing you to direct your attention where it's most needed - your recuperation.
Schedule a free case evaluation with Belal Hamideh, an experienced personal injury attorney, by calling or messaging through this site.
A Personal Injury Lawyer Who Can Help
Are you a victim of injury caused by another's reckless behavior or negligence? If you nodded "yes," you might be entitled to monetary compensation. California-based personal injury lawyer, Belal Hamideh, comes armed with years of experience. His extensive background in the field allows him to harness this knowledge to secure maximum possible compensation for you.
If you suspect even the slightest possibility of injury due to someone else's action, don't hesitate to consult a seasoned attorney. Reach out to Belal today for a cost-free case analysis. We also serve Spanish-speaking customers (Hablamos Espanol).
How Valuable is My Personal Injury Claim?
Various factors determine the value of your personal injury claim. These factors encompass medical expenses, lost income, endured distress, among other considerations.
Belal Hamideh’s sole focus is to ensure maximum compensation for his clients. He can help you recuperate both tangible and intangible damages. Compensation can cover costs like medical bills, prescription charges, therapy costs, lost wages, and the intangible sorrow endured. Belal partners with you to ensure full recovery of deserved compensation.
[caption id="attachment_31745" align="alignnone" width="1000"] personal injury attorney[/caption]
Benefit from Skilled Understanding in Personal Injury Cases
Belal Hamideh’s intricate understanding of the legal system and laws governing personal injury claims can be your valuable tool. Often, deciphering the multilayered legal environment can be challenging. However, having a qualified attorney by your side equips you with the ability to accurately assess your claim’s worth, based on first-hand experience rather than hypothetical figures.
What Kind of Cases Does Belal Take On?
Belal has secured successful outcomes for various types of personal injury cases. These include but are not limited to; Motor accidents, Tractor-Trailer and Big Rig Accidents, Pedestrian and Bicycle Accidents, Motorcycle Accidents, Slip and Fall Accidents, Construction Site Accidents, and Wrongful Death. He can also navigate cases related to dog bites or accidents occurring during rideshare services like UBER. Trust Belal to champion your rights and work tirelessly to obtain the compensation you justly deserve.
Guidelines Following an Accident Injury
The aftermath of an accident may bring about confusion and uncertainty. Your subsequent actions can significantly shape your ensuing case. Fast and prudent reactions are key. Seize immediate safety measures, move away from harm's way as far as possible. Don't forget, it's crucial to let the authorities know about the incident. It's equally important to obtain medical aid, even if it might not seem immediately necessary.
Even though safety should always be your primary concern, documenting the incident has its advantages, provided it's possible. Obtain other drivers' contact details along with their insurance details. Remember, it's essential to remain calm, avoid admitting any fault, and keep your dealings polite and straightforward.
After you've informed the relevant authorities and ensured you've got the necessary medical assistance, it's wise to get in touch with Belal, a seasoned personal injury attorney.
How Does the Payment for a Personal Injury Attorney Work?
Belal operates on a contingent fee basis, meaning there's no initial cost to you. The payment is dependent on your case's successful outcome. In simpler terms, you're only liable to pay if you win. Even in such scenarios, the payment generally comes from your settlement.
This payment plan not only makes legal representation affordable but also provides your attorney with a strong motivation to dutifully advocate your case.
How Long Do You Have to File a Personal Injury Claim in California?
In California, the stipulated period to file a personal injury claim after an accident is mostly two years. It might seem like sufficient time, but it's less than you'd think. Moreover, certain factors could further curtail this timeframe. So, it's in your favor to seek an attorney's help at the earliest.
Deciphering Liability for My Personal Injury
Establishing the guilty party is a pivotal part of any case. This is an area where Belal excels. Whether the blame lays on an irresponsible driver, a careless employer, a property manager, or a product manufacturer, trust in Belal to perform an in-depth investigation and identify liability. Rest assured that with Belal on your side, he will leave no stone unturned in ensuring the responsible party is held accountable for your distress.
Even in situations where you share some responsibility for the accident, you're still eligible to claim compensation. The "comparative negligence" law ensures that you can receive compensation commensurate with your level of fault. This assures justice isn't forfeited due to shared blame.
Introducing Belal Hamideh: Seasoned Personal Injury Attorney in California
Facing the repercussions of a personal injury incident can be intimidating and taxing, both emotionally and physically. Belal Hamideh is here to assist. With his proficiency, you'll gain the assurance that your case is in capable hands.
Apart from legal representation, he also offers emotional support, providing you the space you need to focus on your healing and welfare.
Don't hesitate to reach out to us via our website or a phone call for a free case evaluation. Turn your personal injury into a personal triumph with us today.
Accident and Injury Laws in California
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code
VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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.
CCP § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
Your odds significantly improve with a seasoned personal injury attorney supporting your cause. They possess in-depth understanding of the complex court proceedings, detailed knowledge of the wide-ranging laws, and most importantly, specialized knowledge of personal injury laws.
A proficient attorney will assess your claim's value, ensuring you file for all applicable damages you may be eligible for, including punitive, economic, and damages associated with emotional distress. With their aid, tons of time gets saved, allowing you to direct your attention where it's most needed - your recuperation.
Schedule a free case evaluation with Belal Hamideh, an experienced personal injury attorney, by calling or messaging through this site.
A Personal Injury Lawyer Who Can Help
Are you a victim of injury caused by another's reckless behavior or negligence? If you nodded "yes," you might be entitled to monetary compensation. California-based personal injury lawyer, Belal Hamideh, comes armed with years of experience. His extensive background in the field allows him to harness this knowledge to secure maximum possible compensation for you.
If you suspect even the slightest possibility of injury due to someone else's action, don't hesitate to consult a seasoned attorney. Reach out to Belal today for a cost-free case analysis. We also serve Spanish-speaking customers (Hablamos Espanol).
How Valuable is My Personal Injury Claim?
Various factors determine the value of your personal injury claim. These factors encompass medical expenses, lost income, endured distress, among other considerations.
Belal Hamideh’s sole focus is to ensure maximum compensation for his clients. He can help you recuperate both tangible and intangible damages. Compensation can cover costs like medical bills, prescription charges, therapy costs, lost wages, and the intangible sorrow endured. Belal partners with you to ensure full recovery of deserved compensation.
[caption id="attachment_31745" align="alignnone" width="1000"] personal injury attorney[/caption]
Benefit from Skilled Understanding in Personal Injury Cases
Belal Hamideh’s intricate understanding of the legal system and laws governing personal injury claims can be your valuable tool. Often, deciphering the multilayered legal environment can be challenging. However, having a qualified attorney by your side equips you with the ability to accurately assess your claim’s worth, based on first-hand experience rather than hypothetical figures.
What Kind of Cases Does Belal Take On?
Belal has secured successful outcomes for various types of personal injury cases. These include but are not limited to; Motor accidents, Tractor-Trailer and Big Rig Accidents, Pedestrian and Bicycle Accidents, Motorcycle Accidents, Slip and Fall Accidents, Construction Site Accidents, and Wrongful Death. He can also navigate cases related to dog bites or accidents occurring during rideshare services like UBER. Trust Belal to champion your rights and work tirelessly to obtain the compensation you justly deserve.
Guidelines Following an Accident Injury
The aftermath of an accident may bring about confusion and uncertainty. Your subsequent actions can significantly shape your ensuing case. Fast and prudent reactions are key. Seize immediate safety measures, move away from harm's way as far as possible. Don't forget, it's crucial to let the authorities know about the incident. It's equally important to obtain medical aid, even if it might not seem immediately necessary.
Even though safety should always be your primary concern, documenting the incident has its advantages, provided it's possible. Obtain other drivers' contact details along with their insurance details. Remember, it's essential to remain calm, avoid admitting any fault, and keep your dealings polite and straightforward.
After you've informed the relevant authorities and ensured you've got the necessary medical assistance, it's wise to get in touch with Belal, a seasoned personal injury attorney.
How Does the Payment for a Personal Injury Attorney Work?
Belal operates on a contingent fee basis, meaning there's no initial cost to you. The payment is dependent on your case's successful outcome. In simpler terms, you're only liable to pay if you win. Even in such scenarios, the payment generally comes from your settlement.
This payment plan not only makes legal representation affordable but also provides your attorney with a strong motivation to dutifully advocate your case.
How Long Do You Have to File a Personal Injury Claim in California?
In California, the stipulated period to file a personal injury claim after an accident is mostly two years. It might seem like sufficient time, but it's less than you'd think. Moreover, certain factors could further curtail this timeframe. So, it's in your favor to seek an attorney's help at the earliest.
Deciphering Liability for My Personal Injury
Establishing the guilty party is a pivotal part of any case. This is an area where Belal excels. Whether the blame lays on an irresponsible driver, a careless employer, a property manager, or a product manufacturer, trust in Belal to perform an in-depth investigation and identify liability. Rest assured that with Belal on your side, he will leave no stone unturned in ensuring the responsible party is held accountable for your distress.
Even in situations where you share some responsibility for the accident, you're still eligible to claim compensation. The "comparative negligence" law ensures that you can receive compensation commensurate with your level of fault. This assures justice isn't forfeited due to shared blame.
Introducing Belal Hamideh: Seasoned Personal Injury Attorney in California
Facing the repercussions of a personal injury incident can be intimidating and taxing, both emotionally and physically. Belal Hamideh is here to assist. With his proficiency, you'll gain the assurance that your case is in capable hands.
Apart from legal representation, he also offers emotional support, providing you the space you need to focus on your healing and welfare.
Don't hesitate to reach out to us via our website or a phone call for a free case evaluation. Turn your personal injury into a personal triumph with us today.
Accident and Injury Laws in California
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code
VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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.
CCP § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
Usually Two Years from the Date of the Accident
For the most part, you have two years from the date of the accident. It could be less time depending upon many factors, such as who was involved in the accident, and more.
Though it might seem like an extended period, the reality is, it's not particularly lengthy. Especially, when you think about the considerable time you'll have to invest handling the repercussions of an unexpected loss of a loved one. It's a daunting and emotionally draining task, but you don't have to face it unaided.
[caption id="attachment_35976" align="alignnone" width="2240"] Premises Liability Lawyer[/caption]
Understanding the timeline for filing a personal injury claim is crucial. Navigating these legal complexities while dealing with emotional trauma can be overwhelming. That's why it's essential to seek guidance early on. Delaying action can jeopardize your ability to pursue rightful compensation, adding further stress to an already difficult situation.
Make use of the complimentary case assessment offered by Belal Hamideh, an experienced personal injury attorney. This can be done through either this website or a simple phone call. The opportunity to access professional legal guidance could make all the difference in these challenging times.
Laws Regarding Injuries and Accidents in California
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code - VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
California Code, Vehicle Code - VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code - VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
California Code, Vehicle Code - VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
California Code, Vehicle Code - VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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 § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
For the most part, you have two years from the date of the accident. It could be less time depending upon many factors, such as who was involved in the accident, and more.
Though it might seem like an extended period, the reality is, it's not particularly lengthy. Especially, when you think about the considerable time you'll have to invest handling the repercussions of an unexpected loss of a loved one. It's a daunting and emotionally draining task, but you don't have to face it unaided.
[caption id="attachment_35976" align="alignnone" width="2240"] Premises Liability Lawyer[/caption]
Understanding the timeline for filing a personal injury claim is crucial. Navigating these legal complexities while dealing with emotional trauma can be overwhelming. That's why it's essential to seek guidance early on. Delaying action can jeopardize your ability to pursue rightful compensation, adding further stress to an already difficult situation.
Make use of the complimentary case assessment offered by Belal Hamideh, an experienced personal injury attorney. This can be done through either this website or a simple phone call. The opportunity to access professional legal guidance could make all the difference in these challenging times.
Laws Regarding Injuries and Accidents in California
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Vehicle Code - VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
California Code, Vehicle Code - VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner's permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code - VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code - VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
California Code, Vehicle Code - VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
California Code, Vehicle Code - VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier's written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a). This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property's permit is suspended or revoked. A copy of the contracted motor carrier of property's permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
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 § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party's agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant's agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner's family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public's bond or in the notary public's official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party's agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public's bond or in the notary public's official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.
Determining wrongful death compensation, the calculation of wrongful death benefits, takes many factors into account, such as the age as well as the income of the deceased. Every case is different, yet, cases where the victim is younger tends to lead to a more significant settlement for the survivors.
Regardless of your loved one’s age, if someone else’s negligent and/or reckless act led to the passing of your loved one, you may have a case. We encourage you to reach out to Belal Hamideh, wrongful death lawyer, for a free case evaluation.
How a Wrongful Death Attorney Can Help
Experiencing the heartbreaking loss of a loved one due to the oversight or negligence of another is a profound tragedy. The void left by this loss can never truly be filled; our loved ones hold a unique, irreplaceable place in our hearts. Yet, in the midst of this unimaginable hardship, you might be entitled to financial assistance. Belal Hamideh, a dependable attorney specializing in wrongful death matters in California, can guide you through the process of obtaining this support.
Wrongful Death Compensation
Belal's breadth of knowledge in this field enables him to act as a potent advocate on your behalf, advocating forcefully to secure the most substantial possible compensation for your loss. This financial assistance can cover various costs such as funeral expenses, medical bills, and emotional suffering, and it might serve as a stepping stone towards reconstructing your future.
He offers the provision of complementary case reviews, during which he can provide an evaluation of your claim's worth and explain how he can assist you during this challenging period.
So, what exactly is encompassed in a wrongful death settlement? Compensation can be both economic and non-economic. Economic compensation covers tangible costs like medical expenses, funeral costs, lost earnings, and similar expenditures. Non-economic compensation, on the other hand, pertains to intangible damages such as emotional suffering, loss of guidance, and more. Despite the difficulty in assigning a monetary value to these non-economic damages, we vow to strive tirelessly to obtain the maximum feasible compensation for our clients in all viable areas.
However, it's essential to note that under California law, punitive damages are excluded from wrongful death claims. If you're seeking such damages, a survival cause of action must be initiated alongside your wrongful death claim, provided both claims arise from the same wrongful act.
Upon your consultation with Belal, he will shed light on what to expect from your case and how he can bolster your journey through it. His course of action will be devised based on his extensive understanding to aid you in securing your rightful compensation.
Proving Wrongful Death in California
Simply put, a wrongful death occurs when someone's life is lost due to the wrongful act of another, which can range from negligent and reckless behavior to intentional acts. If the act was intentional, it might result in criminal prosecution as well.
If you believe this definition may apply to your circumstances, you could potentially have a viable wrongful death lawsuit. Seeking advice from a knowledgeable lawyer is strongly recommended to clarify any uncertainties about your eligibility to submit such a claim.
To prove a wrongful death claim, four vital components must be evidenced. The first is proving that the defendant's negligence or reckless behavior resulted in the demise of your loved one. Next, it must be established that the defendant had a certain duty towards your loved one, which was violated. Additionally, it must be demonstrated that the defendant's actions directly caused your loved one's untimely death, and finally, that the death resulted in damages that justify compensation.
Belal will represent your interests as fervently as possible to afford you the highest likelihood of a favorable outcome. His robust representation can be the driving force you need to navigate through this challenging period.
Who is Permitted to File a Wrongful Death Lawsuit in California
In the state of California, it is typically the surviving spouse or offspring of the deceased who are privileged to file a wrongful death lawsuit. If there happen to be no immediate family members or dependents, then the deceased's parents may be entitled to stand as beneficiaries. A wider group of descendents, or even financial dependents, might also be deemed suitable to apply for compensation in some situations. However, such broad parameters should not be mistaken for simplicity, as the process can quickly become complex.
Deciphering who is entitled to what kind of compensation can often prove to be a confusing task. A consultation with an attorney adequately experienced in wrongful death cases can significantly improve the chances of the case outcome aligning with your preferences.
Wrongful Death Lawyer Compensation
We offer our services on the basis of a contingency fee. This means that our clients are not expected to provide payment up front, or to be financially burdened in any way. Alternatively, our fee is deducted from the final settlement agreed upon or the winnings attributed to our clients. We see this as another means of supporting our clients through this challenging period of their lives.
We would like to emphasize that if we fail to win the case, no payment is required from the clients for our services. Although, please be assured, our success rate stands at a stalwart 99%. Despite any efforts by insurance companies to limit your reward, we are committed to ensure that you receive what is rightfully yours.
In conjunction with this, we are partnered with a network of medical professionals who, just like us, operate on a contingency basis. We can provide referrals for necessary medical care, the cost of which will be deduced from your settlement.
The Role of a Wrongful Death Attorney
When you enlist the services of Belal, he assumes responsibility for virtually every aspect of your case, in order to unload that burden from your shoulders.
From the commencement of our representation, our proficient team embarks on in-depth investigations into every facet of your loved one’s wrongful death. Belal, alongside his team, uncovers the truth, identifies all parties that bear responsibility, and crafts a robust case to represent the interests of our clients.
It is a possibility that multiple parties share responsibility for the wrongful death, and our dedication ensures that all liable parties are pursued through legal action. For example, if your loved one’s passing was as a result of a slip and fall accident on another’s property, we will build a steadfast case against all involved parties. This could include the property owner, the party responsible for maintenance, or anyone whose responsibility it was to maintain safe conditions.
We understand the emotional turmoil that accompanies the loss of a loved one under tragic circumstances. We strive to provide a consistent pillar of support for our clients, offering guidance, updates, and a compassionate presence from start to finish.
Wrongful Death Attorney - Belal Hamideh in California
Experiencing the loss of a loved one due to the fault of another individual is a traumatic event for which nothing can truly prepare you. Enlisting the services of an attorney specialized in wrongful death cases can offer you the focus and support necessary to navigate everything else that needs to be managed.
Upon your initial consultation with Belal, he will thoroughly review the details of your case. Armed with a wealth of experience, he will be your strongest advocate, pushing forward in securing you the maximum compensation for all you have suffered.
To schedule a no-obligation case evaluation, reach out to us through our website or make a call.
Key Legal Provisions for Wrongful Death Compensation Calculations
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60: Defining Eligible Claimants (Calculation Context):
This section clarifies who can file a wrongful death lawsuit and seek compensation, which is essential for calculating damages. It's the foundation for determining who can claim compensation.
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: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for pursuing compensation calculations.
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: Awarding Just Damages (Calculation Details):
This code guides courts in determining 'just' compensation, which involves complex calculations of economic and non-economic damages. It's about recognizing the full impact of the loss.
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: Limitations on Damages (Calculation Considerations):
This section clarifies the types of damages recoverable, which impacts the calculations of compensation.
(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.
Ensuring Fair Compensation and Future Security
Understanding how wrongful death compensation is calculated is crucial for ensuring fair compensation and future security for survivors. According to the Department of Justice, the economic value of a lost loved one can be calculated using factors like age and earning potential. These statistics highlight the importance of accurate calculations in determining the true value of a wrongful death claim.
To delve deeper into the factors influencing wrongful death compensation, it's essential to consult authoritative resources. The California Courts' Self-Help Guide provides insights into damages and compensation in civil cases. This resource, combined with the comprehensive analysis of a seasoned wrongful death attorney like Belal Hamideh, can help you understand the complexities of your case.
Remember, wrongful death compensation is not just about numbers; it's about acknowledging the irreplaceable value of a lost life and providing a foundation for the future. Research from the American Bar Association emphasizes the importance of accurate and fair compensation in wrongful death cases.
If you're seeking clarity and fair compensation after the loss of a loved one, don't hesitate to reach out. Belal Hamideh offers compassionate and thorough representation, ensuring your rights are protected and your financial needs are met.
Regardless of your loved one’s age, if someone else’s negligent and/or reckless act led to the passing of your loved one, you may have a case. We encourage you to reach out to Belal Hamideh, wrongful death lawyer, for a free case evaluation.
How a Wrongful Death Attorney Can Help
Experiencing the heartbreaking loss of a loved one due to the oversight or negligence of another is a profound tragedy. The void left by this loss can never truly be filled; our loved ones hold a unique, irreplaceable place in our hearts. Yet, in the midst of this unimaginable hardship, you might be entitled to financial assistance. Belal Hamideh, a dependable attorney specializing in wrongful death matters in California, can guide you through the process of obtaining this support.
Wrongful Death Compensation
Belal's breadth of knowledge in this field enables him to act as a potent advocate on your behalf, advocating forcefully to secure the most substantial possible compensation for your loss. This financial assistance can cover various costs such as funeral expenses, medical bills, and emotional suffering, and it might serve as a stepping stone towards reconstructing your future.
He offers the provision of complementary case reviews, during which he can provide an evaluation of your claim's worth and explain how he can assist you during this challenging period.
So, what exactly is encompassed in a wrongful death settlement? Compensation can be both economic and non-economic. Economic compensation covers tangible costs like medical expenses, funeral costs, lost earnings, and similar expenditures. Non-economic compensation, on the other hand, pertains to intangible damages such as emotional suffering, loss of guidance, and more. Despite the difficulty in assigning a monetary value to these non-economic damages, we vow to strive tirelessly to obtain the maximum feasible compensation for our clients in all viable areas.
However, it's essential to note that under California law, punitive damages are excluded from wrongful death claims. If you're seeking such damages, a survival cause of action must be initiated alongside your wrongful death claim, provided both claims arise from the same wrongful act.
Upon your consultation with Belal, he will shed light on what to expect from your case and how he can bolster your journey through it. His course of action will be devised based on his extensive understanding to aid you in securing your rightful compensation.
Proving Wrongful Death in California
Simply put, a wrongful death occurs when someone's life is lost due to the wrongful act of another, which can range from negligent and reckless behavior to intentional acts. If the act was intentional, it might result in criminal prosecution as well.
If you believe this definition may apply to your circumstances, you could potentially have a viable wrongful death lawsuit. Seeking advice from a knowledgeable lawyer is strongly recommended to clarify any uncertainties about your eligibility to submit such a claim.
To prove a wrongful death claim, four vital components must be evidenced. The first is proving that the defendant's negligence or reckless behavior resulted in the demise of your loved one. Next, it must be established that the defendant had a certain duty towards your loved one, which was violated. Additionally, it must be demonstrated that the defendant's actions directly caused your loved one's untimely death, and finally, that the death resulted in damages that justify compensation.
Belal will represent your interests as fervently as possible to afford you the highest likelihood of a favorable outcome. His robust representation can be the driving force you need to navigate through this challenging period.
Who is Permitted to File a Wrongful Death Lawsuit in California
In the state of California, it is typically the surviving spouse or offspring of the deceased who are privileged to file a wrongful death lawsuit. If there happen to be no immediate family members or dependents, then the deceased's parents may be entitled to stand as beneficiaries. A wider group of descendents, or even financial dependents, might also be deemed suitable to apply for compensation in some situations. However, such broad parameters should not be mistaken for simplicity, as the process can quickly become complex.
Deciphering who is entitled to what kind of compensation can often prove to be a confusing task. A consultation with an attorney adequately experienced in wrongful death cases can significantly improve the chances of the case outcome aligning with your preferences.
Wrongful Death Lawyer Compensation
We offer our services on the basis of a contingency fee. This means that our clients are not expected to provide payment up front, or to be financially burdened in any way. Alternatively, our fee is deducted from the final settlement agreed upon or the winnings attributed to our clients. We see this as another means of supporting our clients through this challenging period of their lives.
We would like to emphasize that if we fail to win the case, no payment is required from the clients for our services. Although, please be assured, our success rate stands at a stalwart 99%. Despite any efforts by insurance companies to limit your reward, we are committed to ensure that you receive what is rightfully yours.
In conjunction with this, we are partnered with a network of medical professionals who, just like us, operate on a contingency basis. We can provide referrals for necessary medical care, the cost of which will be deduced from your settlement.
The Role of a Wrongful Death Attorney
When you enlist the services of Belal, he assumes responsibility for virtually every aspect of your case, in order to unload that burden from your shoulders.
From the commencement of our representation, our proficient team embarks on in-depth investigations into every facet of your loved one’s wrongful death. Belal, alongside his team, uncovers the truth, identifies all parties that bear responsibility, and crafts a robust case to represent the interests of our clients.
It is a possibility that multiple parties share responsibility for the wrongful death, and our dedication ensures that all liable parties are pursued through legal action. For example, if your loved one’s passing was as a result of a slip and fall accident on another’s property, we will build a steadfast case against all involved parties. This could include the property owner, the party responsible for maintenance, or anyone whose responsibility it was to maintain safe conditions.
We understand the emotional turmoil that accompanies the loss of a loved one under tragic circumstances. We strive to provide a consistent pillar of support for our clients, offering guidance, updates, and a compassionate presence from start to finish.
Wrongful Death Attorney - Belal Hamideh in California
Experiencing the loss of a loved one due to the fault of another individual is a traumatic event for which nothing can truly prepare you. Enlisting the services of an attorney specialized in wrongful death cases can offer you the focus and support necessary to navigate everything else that needs to be managed.
Upon your initial consultation with Belal, he will thoroughly review the details of your case. Armed with a wealth of experience, he will be your strongest advocate, pushing forward in securing you the maximum compensation for all you have suffered.
To schedule a no-obligation case evaluation, reach out to us through our website or make a call.
Key Legal Provisions for Wrongful Death Compensation Calculations
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60: Defining Eligible Claimants (Calculation Context):
This section clarifies who can file a wrongful death lawsuit and seek compensation, which is essential for calculating damages. It's the foundation for determining who can claim compensation.
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: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for pursuing compensation calculations.
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: Awarding Just Damages (Calculation Details):
This code guides courts in determining 'just' compensation, which involves complex calculations of economic and non-economic damages. It's about recognizing the full impact of the loss.
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: Limitations on Damages (Calculation Considerations):
This section clarifies the types of damages recoverable, which impacts the calculations of compensation.
(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.
Ensuring Fair Compensation and Future Security
Understanding how wrongful death compensation is calculated is crucial for ensuring fair compensation and future security for survivors. According to the Department of Justice, the economic value of a lost loved one can be calculated using factors like age and earning potential. These statistics highlight the importance of accurate calculations in determining the true value of a wrongful death claim.
To delve deeper into the factors influencing wrongful death compensation, it's essential to consult authoritative resources. The California Courts' Self-Help Guide provides insights into damages and compensation in civil cases. This resource, combined with the comprehensive analysis of a seasoned wrongful death attorney like Belal Hamideh, can help you understand the complexities of your case.
Remember, wrongful death compensation is not just about numbers; it's about acknowledging the irreplaceable value of a lost life and providing a foundation for the future. Research from the American Bar Association emphasizes the importance of accurate and fair compensation in wrongful death cases.
If you're seeking clarity and fair compensation after the loss of a loved one, don't hesitate to reach out. Belal Hamideh offers compassionate and thorough representation, ensuring your rights are protected and your financial needs are met.
You can recover economic and non-economic compensation.
The former includes compensation that is tangible in nature, such as medical bills, funeral costs, and the lost earnings you would have accumulated.
Non-economic compensation includes the intangible detriments of your situation, ranging from emotional trauma to the deprivation of guidance and assurance. Though measuring these non-monetary losses might be complex, we are devoted to maximizing every facet of your claim.
It's important to note that California's wrongful death law does not provide for punitive remedies. However, if you are interested in pursuing such damages, a survival action can be brought in conjunction with your wrongful death action, given they both stem from the same incident.
With Belal in your corner, you'll find clear guidance through this tedious process and reliable support throughout your case. Drawing from his considerable experience, Belal will devise a strategy specifically tailored to your situation, all to assist you in securing your rightful compensation.
If you have a case, we recommend that you reach out to Belal Hamideh, an experienced wrongful death lawyer.
What a Wrongful Death Lawyer Can Do
Have you ever found yourself navigating the unending distress of losing a cherished one due to someone else's reckless act? There's no substitute for the loved ones we lose, and no amount of appeasement can ever mollify their absence. However, if their untimely departure was a direct result of someone else's carelessness or heedlessness, you may be entitled to financial restitution. This is where Belal Hamideh steps in, a distinguished practitioner of wrongful death law in California, primed to help you secure the compensation you deserve.
[caption id="attachment_29211" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Drawing from a deep well of professional experience, Belal offers assertive representation, ensuring you receive the highest possible remuneration for your loss. This compensation can prove instrumental in covering the diverse costs ranging from funeral expenses, healthcare bills, to solace for pain & suffering, building a financial cornerstone for your future.
Belal invites you to take advantage of a complimentary case review, wherein he will evaluate your claim and its worth. Alongside this assessment, Belal is poised to walk you through this daunting phase of your life, extending much-needed support.
In a wrongful death case, what sort of compensation is foreseeable?
You are eligible to seek both economic and non-economic compensation. Economic compensations cover expenses such as medical costs, funeral expenses, loss of income, potential earnings, and more. Moving the spotlight to non-economic damages, these encompass pain, suffering, loss of guidance, protection, and other forms of indirect loss. Even though non-economic damages pose a challenge in evaluation, we stand committed to procuring the highest possible compensation for our clients, ensuring that justice prevails in every form.
It is important to note that punitive damages are not recognized under California's wrongful death law. However, if you desire to pursue punitive damages, a survival cause of action can be initiated alongside the wrongful death claim, given they stem from the same wrongful deed.
With Belal on your side, you can expect complete transparency on what to expect from your case. Furthermore, he provides a concrete plan of action derived from years of experience, ensuring you are well-equipped to obtain the compensation you deserve.
Understanding and proving a wrongful death
As per Californian law, a wrongful death transpires when one's death is the product of another's wrongful conduct ranging from reckless, negligent to intentional acts. If the act was deliberate, there is a potential for criminal prosecution.
If there’s even a slither of possibility that this resonates with your reality, you may have a viable wrongful death lawsuit on your hands. To dispel any uncertainties about your eligibility to pursue a wrongful death case, it is strongly advised to consult a proficient lawyer.
To successfully argue a wrongful death, you need to present the following elements. Primarily, you need to establish that your loved one's passing was directly attributable to the defendant's negligence, recklessness, or carelessness. Additionally, it's crucial to demonstrate that the defendant owed a duty to your loved one which was violated. For instance, a physician is obliged to provide treatment, a motorist to abide by traffic laws, etc.
Moreover, you need to illustrate the direct correlation between the defendant's actions and your loved one's death, corroborated by evidence that your loved one's passing has incurred damages deserving of compensation.
Rest assured, Belal will represent you with unmatched assertiveness, maximizing your chances of securing a favorable outcome.
Filing a Wrongful Death Claim in California: Understanding Your Rights
In the Golden State of California, those eligible to file a wrongful death suit are primarily the surviving spouse and children of the deceased individual. In scenarios where the departed had no immediate kin or dependents, the parents can step in as beneficiaries. Other relatives and financial dependents can also be considered eligible to seek compensation. The breadth of potential claimants is extensive and can quickly morph into a complex matter.
Understanding who is eligible for compensation, to what extent, and what potential rewards can be claimed is no easy task. However, guidance from an attorney deeply familiar with the nuances of wrongful death cases can significantly improve the likelihood that proceedings will align with your desired outcomes.
Affording Legal Assistance for a Wrongful Death Claim: Contingency Fees Defined
Our legal services are provided on a contingency basis, which means clients are not required to front the costs directly from their pockets. Instead, our remuneration comes from the eventual settlement or reward won in the case, giving our clients one less thing to worry about during this challenging period.
In the unlikely event of losing a case, our services come at no cost to you. Our firm maintains an exceptional 99% success rate against insurance companies who may aim to limit your final payout. We are committed to helping you receive full and fair compensation.
As part of our support, we also partner with medical professionals who operate on a similar contingency basis, offering you the necessary medical care and deducting their fees from the settlement.
The Role of a Wrongful Death Attorney: Ensuring Compensation
When you engage the services of Attorney Belal Hamideh, you gain an experienced ally who will comprehensively manage your case, providing you with peace of mind.
For instance, as soon as we represent you, our highly skilled team conducts exhaustive investigations into the circumstances surrounding your loved one's death. Belal Hamideh and our dedicated team unearth the reality of the events, identify all culpable parties, and construct a strong representation on behalf of our client.
Given the multitude of parties potentially implicated in a wrongful death incident, we ensure that all accountable parties are identified and held liable. In a case where a loved one's passing was due to a slip and fall accident on another's property, we're prepared to build a formidable case against all parties involved, including the property owner and those responsible for maintenance.
We understand the emotional toll of dealing with a tragic loss under these circumstances and aim to mitigate your stress. We serve as a steady support system for our clients, constantly providing enlightening guidance, updates, and backing throughout the process.
Belal Hamideh: The Go-To Legal Advisor for Wrongful Death Claims in California
Coping with the loss of a loved one due to another party's negligence is an overwhelming experience. Having an attorney like Belal Hamideh, who is well-versed in handling wrongful death cases, will allow you to focus on personal matters while we focus on your legal ones.
Belal Hamideh, with his vast knowledge in this domain, will fight tirelessly for your cause, ensuring the maximum compensation for your loss. Upon initial consultation, Belal will review your case meticulously and strategize on the best course of action.
To schedule a free case evaluation, please contact us via our website or via a phone call. Trust in us to handle your claim professionally and compassionately.
Key Legal Provisions for Wrongful Death Compensation Claims:
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60: Defining Eligible Claimants (Compensation Context):
This section clarifies who can file a wrongful death lawsuit and seek compensation, ensuring that eligible family members have legal standing. It's the foundation for understanding who can claim compensation.
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.
CCP § 335.1: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for pursuing compensation.
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.
CCP § 377.61: Awarding Just Damages (Compensation Details):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages. It's about recognizing the full financial and emotional impact of the loss.
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.
CCP § 377.34: Limitations on Damages (Compensation Considerations):
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they impact compensation claims.
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.
Securing Financial Recovery and Stability
Understanding wrongful death compensation is not just about legal entitlements; it's about securing financial recovery and stability for those left behind. With the Economic Policy Institute reporting that the median retirement savings for an average American family hovers around $5,000, it's clear that half of all families are incredibly vulnerable to financial hardship following the loss of a loved one. These statistics also highlight the critical importance of adequate compensation in ensuring families can navigate the financial aftermath of a wrongful death.
To gain a comprehensive understanding of the compensation process, it's essential to consult authoritative resources. The California Department of Insurance provides information on insurance claims and settlements, which are often relevant in wrongful death cases. This resource, combined with the personalized guidance of a dedicated wrongful death attorney like Belal Hamideh, can help you maximize your compensation.
Remember, wrongful death compensation is not just about replacing lost income; it's about acknowledging the full scope of your losses and providing a foundation for your future. Research from the National Endowment for Financial Education highlights the importance of financial planning and stability for those affected by wrongful death.
If you're seeking financial recovery and stability after the loss of a loved one, don't hesitate to reach out. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and your financial needs are met. Schedule a free case evaluation today and take the first step toward securing your financial future.
The former includes compensation that is tangible in nature, such as medical bills, funeral costs, and the lost earnings you would have accumulated.
Non-economic compensation includes the intangible detriments of your situation, ranging from emotional trauma to the deprivation of guidance and assurance. Though measuring these non-monetary losses might be complex, we are devoted to maximizing every facet of your claim.
It's important to note that California's wrongful death law does not provide for punitive remedies. However, if you are interested in pursuing such damages, a survival action can be brought in conjunction with your wrongful death action, given they both stem from the same incident.
With Belal in your corner, you'll find clear guidance through this tedious process and reliable support throughout your case. Drawing from his considerable experience, Belal will devise a strategy specifically tailored to your situation, all to assist you in securing your rightful compensation.
If you have a case, we recommend that you reach out to Belal Hamideh, an experienced wrongful death lawyer.
What a Wrongful Death Lawyer Can Do
Have you ever found yourself navigating the unending distress of losing a cherished one due to someone else's reckless act? There's no substitute for the loved ones we lose, and no amount of appeasement can ever mollify their absence. However, if their untimely departure was a direct result of someone else's carelessness or heedlessness, you may be entitled to financial restitution. This is where Belal Hamideh steps in, a distinguished practitioner of wrongful death law in California, primed to help you secure the compensation you deserve.
[caption id="attachment_29211" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Drawing from a deep well of professional experience, Belal offers assertive representation, ensuring you receive the highest possible remuneration for your loss. This compensation can prove instrumental in covering the diverse costs ranging from funeral expenses, healthcare bills, to solace for pain & suffering, building a financial cornerstone for your future.
Belal invites you to take advantage of a complimentary case review, wherein he will evaluate your claim and its worth. Alongside this assessment, Belal is poised to walk you through this daunting phase of your life, extending much-needed support.
In a wrongful death case, what sort of compensation is foreseeable?
You are eligible to seek both economic and non-economic compensation. Economic compensations cover expenses such as medical costs, funeral expenses, loss of income, potential earnings, and more. Moving the spotlight to non-economic damages, these encompass pain, suffering, loss of guidance, protection, and other forms of indirect loss. Even though non-economic damages pose a challenge in evaluation, we stand committed to procuring the highest possible compensation for our clients, ensuring that justice prevails in every form.
It is important to note that punitive damages are not recognized under California's wrongful death law. However, if you desire to pursue punitive damages, a survival cause of action can be initiated alongside the wrongful death claim, given they stem from the same wrongful deed.
With Belal on your side, you can expect complete transparency on what to expect from your case. Furthermore, he provides a concrete plan of action derived from years of experience, ensuring you are well-equipped to obtain the compensation you deserve.
Understanding and proving a wrongful death
As per Californian law, a wrongful death transpires when one's death is the product of another's wrongful conduct ranging from reckless, negligent to intentional acts. If the act was deliberate, there is a potential for criminal prosecution.
If there’s even a slither of possibility that this resonates with your reality, you may have a viable wrongful death lawsuit on your hands. To dispel any uncertainties about your eligibility to pursue a wrongful death case, it is strongly advised to consult a proficient lawyer.
To successfully argue a wrongful death, you need to present the following elements. Primarily, you need to establish that your loved one's passing was directly attributable to the defendant's negligence, recklessness, or carelessness. Additionally, it's crucial to demonstrate that the defendant owed a duty to your loved one which was violated. For instance, a physician is obliged to provide treatment, a motorist to abide by traffic laws, etc.
Moreover, you need to illustrate the direct correlation between the defendant's actions and your loved one's death, corroborated by evidence that your loved one's passing has incurred damages deserving of compensation.
Rest assured, Belal will represent you with unmatched assertiveness, maximizing your chances of securing a favorable outcome.
Filing a Wrongful Death Claim in California: Understanding Your Rights
In the Golden State of California, those eligible to file a wrongful death suit are primarily the surviving spouse and children of the deceased individual. In scenarios where the departed had no immediate kin or dependents, the parents can step in as beneficiaries. Other relatives and financial dependents can also be considered eligible to seek compensation. The breadth of potential claimants is extensive and can quickly morph into a complex matter.
Understanding who is eligible for compensation, to what extent, and what potential rewards can be claimed is no easy task. However, guidance from an attorney deeply familiar with the nuances of wrongful death cases can significantly improve the likelihood that proceedings will align with your desired outcomes.
Affording Legal Assistance for a Wrongful Death Claim: Contingency Fees Defined
Our legal services are provided on a contingency basis, which means clients are not required to front the costs directly from their pockets. Instead, our remuneration comes from the eventual settlement or reward won in the case, giving our clients one less thing to worry about during this challenging period.
In the unlikely event of losing a case, our services come at no cost to you. Our firm maintains an exceptional 99% success rate against insurance companies who may aim to limit your final payout. We are committed to helping you receive full and fair compensation.
As part of our support, we also partner with medical professionals who operate on a similar contingency basis, offering you the necessary medical care and deducting their fees from the settlement.
The Role of a Wrongful Death Attorney: Ensuring Compensation
When you engage the services of Attorney Belal Hamideh, you gain an experienced ally who will comprehensively manage your case, providing you with peace of mind.
For instance, as soon as we represent you, our highly skilled team conducts exhaustive investigations into the circumstances surrounding your loved one's death. Belal Hamideh and our dedicated team unearth the reality of the events, identify all culpable parties, and construct a strong representation on behalf of our client.
Given the multitude of parties potentially implicated in a wrongful death incident, we ensure that all accountable parties are identified and held liable. In a case where a loved one's passing was due to a slip and fall accident on another's property, we're prepared to build a formidable case against all parties involved, including the property owner and those responsible for maintenance.
We understand the emotional toll of dealing with a tragic loss under these circumstances and aim to mitigate your stress. We serve as a steady support system for our clients, constantly providing enlightening guidance, updates, and backing throughout the process.
Belal Hamideh: The Go-To Legal Advisor for Wrongful Death Claims in California
Coping with the loss of a loved one due to another party's negligence is an overwhelming experience. Having an attorney like Belal Hamideh, who is well-versed in handling wrongful death cases, will allow you to focus on personal matters while we focus on your legal ones.
Belal Hamideh, with his vast knowledge in this domain, will fight tirelessly for your cause, ensuring the maximum compensation for your loss. Upon initial consultation, Belal will review your case meticulously and strategize on the best course of action.
To schedule a free case evaluation, please contact us via our website or via a phone call. Trust in us to handle your claim professionally and compassionately.
Key Legal Provisions for Wrongful Death Compensation Claims:
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60: Defining Eligible Claimants (Compensation Context):
This section clarifies who can file a wrongful death lawsuit and seek compensation, ensuring that eligible family members have legal standing. It's the foundation for understanding who can claim compensation.
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.
CCP § 335.1: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for pursuing compensation.
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.
CCP § 377.61: Awarding Just Damages (Compensation Details):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages. It's about recognizing the full financial and emotional impact of the loss.
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.
CCP § 377.34: Limitations on Damages (Compensation Considerations):
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they impact compensation claims.
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.
Securing Financial Recovery and Stability
Understanding wrongful death compensation is not just about legal entitlements; it's about securing financial recovery and stability for those left behind. With the Economic Policy Institute reporting that the median retirement savings for an average American family hovers around $5,000, it's clear that half of all families are incredibly vulnerable to financial hardship following the loss of a loved one. These statistics also highlight the critical importance of adequate compensation in ensuring families can navigate the financial aftermath of a wrongful death.
To gain a comprehensive understanding of the compensation process, it's essential to consult authoritative resources. The California Department of Insurance provides information on insurance claims and settlements, which are often relevant in wrongful death cases. This resource, combined with the personalized guidance of a dedicated wrongful death attorney like Belal Hamideh, can help you maximize your compensation.
Remember, wrongful death compensation is not just about replacing lost income; it's about acknowledging the full scope of your losses and providing a foundation for your future. Research from the National Endowment for Financial Education highlights the importance of financial planning and stability for those affected by wrongful death.
If you're seeking financial recovery and stability after the loss of a loved one, don't hesitate to reach out. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and your financial needs are met. Schedule a free case evaluation today and take the first step toward securing your financial future.
Under California legislation, a wrongful death is defined as a situation where one individual's untimely passing is instigated by the behavior of another. Such behavior might vary from being careless, reckless, or even deliberate. In cases where this behavior is found to be deliberate, the perpetrator could potentially face criminal charges.
To establish a wrongful death as per legal standards, it is mandatory to demonstrate four elements. Primarily, the unfortunate passing of your dear one should be unequivocally linked to the defendant's negligence, recklessness, or inattention. It's important to note that it isn't obligatory for the defendant to be entirely accountable for the death of your beloved, validating their contribution to the tragic event is sufficient.
Bearing the loss of someone you cherish due to the negligent or reckless behavior of another can be one of the most challenging experiences of your life. Our loved ones hold a dear space in our hearts that cannot be replaced or forgotten. In such heartrending moments of despair, one must remember that if these unfortunate circumstances were caused due to another individual's negligence, there may be a legal recourse available - a rightful financial compensation for your insurmountable loss.
Belal Hamideh, a proficient wrongful death attorney based out of California, serves as a beacon of hope in your journey towards attaining justice. Schedule a free case evaluation through our site or by calling.
Wrongful Death Attorney: Supporting You and Yours
Belal brings with him a rich knowledge base and a dynamic approach to representation, thereby ensuring you the best viable compensation for your loss. This compensation can be instrumental in assisting with funeral costs, medical expenditures, emotional distress, and more, providing a solid base for your future.
Belal goes the extra mile by offering complimentary case evaluations - a session where he offers insights into the potential worth of your claim and presents ways in which he can help you navigate this challenging time.
Compensation and More Explained
Compensation can be divided into two broad categories - economic and non-economic. Economic compensation covers tangible financial burdens such as medical costs, funeral expenses, and loss of earnings. Non-economic damages, on the other hand, cater to the mental anguish, loss of counsel, security, and more. Calculating non-economic damages can be a daunting task, but rest assured, we are steadfastly committed to securing the best possible compensation for our clients in every possible way.
The directive of California's wrongful death law, however, does not include punitive damages. To claim such damages, one would have to additionally push for a survival cause of action, alongside the wrongful death claim if both arise from the same wrongful deed.
In your consultation with Belal, he will offer clear insights into what to expect from your case and how he can assist you throughout the process. Furthermore, he will set forth a strategy based on his previous dealings on how he could guide you in getting compensation.
How Does One Definitively Establish a Wrongful Death?
Under California law, it refers to a situation where someone's demise is a result of another's wrongful action - it could range from negligent to blatant. An intentional act brings the possibility of a criminal lawsuit. If you feel your circumstance could potentially fit this description, it would be advisable to consult a seasoned attorney.
To affirm a wrongful death, you are required to establish four key elements. Firstly, the tragic demise of your loved one must have been the result of the defendant's negligent, reckless, or careless action. Secondly, you must demonstrate that the defendant owed a duty of care towards your loved one, which they failed to uphold. Finally, you must establish that your loved one’s death was a direct outcome of the defendant's actions, thereby causing damages that require compensation.
With Belal Hamideh leading your fight, be assured of an aggressive representation that will heighten your chances of a successful outcome.
Who Can File and How We Can Assist
In the state of California, the individuals who can lodge a wrongful death lawsuit are primarily the deceased person's surviving spouse and children. However, in the unfortunate circumstance where the deceased did not have any immediate family members or dependents, the parents may be allowed to file for compensation. But the situation does not stop there, as other potential dependents or descendants who were financially reliant on the deceased can also qualify. This process can quickly evolve into a complex issue.
In order to navigate through the intricacies of assessing the rightful claimants, the extent of their compensation and exactly what the compensation entails, the involvement of a legal professional is almost necessary. A legal representative who has handled a considerable number of wrongful death cases can significantly increase the chances of the case proceeding in your favor.
Now, you might be wondering about the financial aspect of hiring such a professional. Good news - you won't have to pay from your pocket immediately. We operate on a contingency fee basis. This means that our payment is subtracted from your eventual settlement or award. This creates a win-win scenario as we only get compensated if we win the case. And we do make a strong claim as we have a success rate of 99%. We are always on your side and work tirelessly to make sure you receive full compensation, even when insurance companies try to reduce your rightful share.
In addition, we maintain a robust professional network with medical practitioners who work on a similar contingency basis. Hence, if you require medical attention, we can provide references, and their fee can be deducted from your settlement too.
What a Wrongful Death Lawyer Can Do
So, what exactly can a wrongful death attorney do for you? This is where Belal Hamideh comes in. Once you decide to proceed with Belal, he will take over every aspect of your case. You won't have to deal with the complexities of the situation on your own.
For instance, our dedicated team kicks off by conducting a thorough investigation into your loved one's wrongful death from the moment we start representing you. We strive to uncover the truth, identify all liable parties, and build a strong case to bring justice to our client.
The wrongdoer's responsibility may fall on various parties, and Belal, along with his team, makes sure that all the liable parties are held accountable through the legal system. For example, if the unfortunate event occurred due to a fatal accident on someone else's property, our team will build a case against all relevant parties - the property owner, the maintenance supervisor, or anyone who was accountable for maintaining safety standards.
How We Can Help
We comprehend the emotional stress you are under due to such a tragic loss. We stand by you, providing reliable advice, continuous updates, and unwavering support throughout the journey.
Belal Hamideh, a notable legal representative in California's wrongful death law, can be of great assistance here. Losing a loved one due to an unfortunate incident is a tragedy that no one should face. However, having a legal professional by your side can provide you with the space to deal with your emotional trauma.
Belal understands the nuances of these cases and fights for your justice. In your consultation with him, he will dissect your case and with his wide-ranging knowledge, he will strive to secure maximum compensation for your pain and loss.
Reach out to us to schedule a free case evaluation. You can message us through our website or give us a call. Your path to justice begins with us.
Key Legal Provisions for Wrongful Death Definition & Claims
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.
CCP § 377.60: Defining Eligible Claimants (Wrongful Death Definition):
This section defines who can file a wrongful death lawsuit, ensuring that those affected by wrongful actions have legal standing. It's the foundation for understanding wrongful death claims.
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.
CCP § 335.1: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for those seeking legal recourse after a wrongful death.
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.
CCP § 377.61: Awarding Just Damages (Wrongful Death Claims):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages in wrongful death cases. It's about recognizing the full impact of a wrongful death.
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.
CCP § 377.34: Limitations on Damages (Wrongful Death Context):
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they apply to wrongful death claims.
The definition of wrongful death is not just a legal concept; it's a call for accountability
To understand the legal nuances of wrongful death, it's essential to consult authoritative resources. The California Attorney General's Office provides information on civil litigation and wrongful death claims. This resource, combined with the expertise of a dedicated wrongful death attorney like Belal Hamideh, can empower you to navigate the complexities of your case.
Remember, pursuing a wrongful death claim is not just about seeking compensation; it's about upholding justice and preventing future tragedies. Research from the National Center for Victims of Crime highlights the importance of providing legal recourse for those affected by wrongful death.
If you're seeking clarity and justice after the loss of a loved one, don't hesitate to reach out. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and those responsible are held accountable. Schedule a free case evaluation today and take the first step toward finding justice and closure.
To establish a wrongful death as per legal standards, it is mandatory to demonstrate four elements. Primarily, the unfortunate passing of your dear one should be unequivocally linked to the defendant's negligence, recklessness, or inattention. It's important to note that it isn't obligatory for the defendant to be entirely accountable for the death of your beloved, validating their contribution to the tragic event is sufficient.
Bearing the loss of someone you cherish due to the negligent or reckless behavior of another can be one of the most challenging experiences of your life. Our loved ones hold a dear space in our hearts that cannot be replaced or forgotten. In such heartrending moments of despair, one must remember that if these unfortunate circumstances were caused due to another individual's negligence, there may be a legal recourse available - a rightful financial compensation for your insurmountable loss.
Belal Hamideh, a proficient wrongful death attorney based out of California, serves as a beacon of hope in your journey towards attaining justice. Schedule a free case evaluation through our site or by calling.
Wrongful Death Attorney: Supporting You and Yours
Belal brings with him a rich knowledge base and a dynamic approach to representation, thereby ensuring you the best viable compensation for your loss. This compensation can be instrumental in assisting with funeral costs, medical expenditures, emotional distress, and more, providing a solid base for your future.
Belal goes the extra mile by offering complimentary case evaluations - a session where he offers insights into the potential worth of your claim and presents ways in which he can help you navigate this challenging time.
Compensation and More Explained
Compensation can be divided into two broad categories - economic and non-economic. Economic compensation covers tangible financial burdens such as medical costs, funeral expenses, and loss of earnings. Non-economic damages, on the other hand, cater to the mental anguish, loss of counsel, security, and more. Calculating non-economic damages can be a daunting task, but rest assured, we are steadfastly committed to securing the best possible compensation for our clients in every possible way.
The directive of California's wrongful death law, however, does not include punitive damages. To claim such damages, one would have to additionally push for a survival cause of action, alongside the wrongful death claim if both arise from the same wrongful deed.
In your consultation with Belal, he will offer clear insights into what to expect from your case and how he can assist you throughout the process. Furthermore, he will set forth a strategy based on his previous dealings on how he could guide you in getting compensation.
How Does One Definitively Establish a Wrongful Death?
Under California law, it refers to a situation where someone's demise is a result of another's wrongful action - it could range from negligent to blatant. An intentional act brings the possibility of a criminal lawsuit. If you feel your circumstance could potentially fit this description, it would be advisable to consult a seasoned attorney.
To affirm a wrongful death, you are required to establish four key elements. Firstly, the tragic demise of your loved one must have been the result of the defendant's negligent, reckless, or careless action. Secondly, you must demonstrate that the defendant owed a duty of care towards your loved one, which they failed to uphold. Finally, you must establish that your loved one’s death was a direct outcome of the defendant's actions, thereby causing damages that require compensation.
With Belal Hamideh leading your fight, be assured of an aggressive representation that will heighten your chances of a successful outcome.
Who Can File and How We Can Assist
In the state of California, the individuals who can lodge a wrongful death lawsuit are primarily the deceased person's surviving spouse and children. However, in the unfortunate circumstance where the deceased did not have any immediate family members or dependents, the parents may be allowed to file for compensation. But the situation does not stop there, as other potential dependents or descendants who were financially reliant on the deceased can also qualify. This process can quickly evolve into a complex issue.
In order to navigate through the intricacies of assessing the rightful claimants, the extent of their compensation and exactly what the compensation entails, the involvement of a legal professional is almost necessary. A legal representative who has handled a considerable number of wrongful death cases can significantly increase the chances of the case proceeding in your favor.
Now, you might be wondering about the financial aspect of hiring such a professional. Good news - you won't have to pay from your pocket immediately. We operate on a contingency fee basis. This means that our payment is subtracted from your eventual settlement or award. This creates a win-win scenario as we only get compensated if we win the case. And we do make a strong claim as we have a success rate of 99%. We are always on your side and work tirelessly to make sure you receive full compensation, even when insurance companies try to reduce your rightful share.
In addition, we maintain a robust professional network with medical practitioners who work on a similar contingency basis. Hence, if you require medical attention, we can provide references, and their fee can be deducted from your settlement too.
What a Wrongful Death Lawyer Can Do
So, what exactly can a wrongful death attorney do for you? This is where Belal Hamideh comes in. Once you decide to proceed with Belal, he will take over every aspect of your case. You won't have to deal with the complexities of the situation on your own.
For instance, our dedicated team kicks off by conducting a thorough investigation into your loved one's wrongful death from the moment we start representing you. We strive to uncover the truth, identify all liable parties, and build a strong case to bring justice to our client.
The wrongdoer's responsibility may fall on various parties, and Belal, along with his team, makes sure that all the liable parties are held accountable through the legal system. For example, if the unfortunate event occurred due to a fatal accident on someone else's property, our team will build a case against all relevant parties - the property owner, the maintenance supervisor, or anyone who was accountable for maintaining safety standards.
How We Can Help
We comprehend the emotional stress you are under due to such a tragic loss. We stand by you, providing reliable advice, continuous updates, and unwavering support throughout the journey.
Belal Hamideh, a notable legal representative in California's wrongful death law, can be of great assistance here. Losing a loved one due to an unfortunate incident is a tragedy that no one should face. However, having a legal professional by your side can provide you with the space to deal with your emotional trauma.
Belal understands the nuances of these cases and fights for your justice. In your consultation with him, he will dissect your case and with his wide-ranging knowledge, he will strive to secure maximum compensation for your pain and loss.
Reach out to us to schedule a free case evaluation. You can message us through our website or give us a call. Your path to justice begins with us.
Key Legal Provisions for Wrongful Death Definition & Claims
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.
CCP § 377.60: Defining Eligible Claimants (Wrongful Death Definition):
This section defines who can file a wrongful death lawsuit, ensuring that those affected by wrongful actions have legal standing. It's the foundation for understanding wrongful death claims.
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.
CCP § 335.1: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for those seeking legal recourse after a wrongful death.
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.
CCP § 377.61: Awarding Just Damages (Wrongful Death Claims):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages in wrongful death cases. It's about recognizing the full impact of a wrongful death.
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.
CCP § 377.34: Limitations on Damages (Wrongful Death Context):
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they apply to wrongful death claims.
The definition of wrongful death is not just a legal concept; it's a call for accountability
To understand the legal nuances of wrongful death, it's essential to consult authoritative resources. The California Attorney General's Office provides information on civil litigation and wrongful death claims. This resource, combined with the expertise of a dedicated wrongful death attorney like Belal Hamideh, can empower you to navigate the complexities of your case.
Remember, pursuing a wrongful death claim is not just about seeking compensation; it's about upholding justice and preventing future tragedies. Research from the National Center for Victims of Crime highlights the importance of providing legal recourse for those affected by wrongful death.
If you're seeking clarity and justice after the loss of a loved one, don't hesitate to reach out. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and those responsible are held accountable. Schedule a free case evaluation today and take the first step toward finding justice and closure.
A wrongful death claim is one that survivors make against a person liable for their loved one’s death. The survivors/the deceased’s loved ones can then receive compensation for economic and non-economic damages. Economic damages include medical costs, hospital fees, funereal costs, and other charges that may have accrued as a result of the accident.
Non-economic damages include that which is more intangible, such as pain, suffering, loss of consortium, and more.
If you believe there’s a chance you may have a case, contact Belal Hamideh, an experienced wrongful death attorney for a free case evaluation.
[caption id="attachment_31796" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Experienced Wrongful Death Attorney By Your Side
When tragedy strikes in the form of losing a loved one as a result of someone else's neglect or recklessness, the grief and pain that accompanies such a situation are immeasurable. The hole left by that person in your life cannot be filled by anything. However, in times of such distress, there might be a glimmer of hope in the form of financial compensation. Now, navigating the complications of a wrongful death case isn't a task that you should undertake alone, and that's where Belal Hamideh comes in. This proficient California wrongful death lawyer could be instrumental in guiding you to the compensation you deserve.
Belal Hamideh, equipped with a wealth of experience, is positioned to provide you with aggressive representation. His mission: securing the highest compensation possible for your loss. This financial remuneration can aid in managing funeral costs, taking care of healthcare expenses, compensating for pain & suffering, and more, therefore playing a crucial role in establishing a foundation for your future.
Belal offers an invaluable service of free case evaluations. In these sessions, he will evaluate the worth of your claim and also detail how he plans to support you during such a harrowing time.
Wrongful Death Compensation and Assistance
Compensation includes both economic and non-economic elements. Economic remuneration can cover aspects like medical costs, funeral expenses, loss of income (which also factors in potential income), amongst others.
Non-economic damages are somewhat more difficult to pin down. They include the suffering and pain that accompany such a loss, as well as the lack of guidance and protection. Though intangible and challenging to quantify, Belal Hamideh's commitment to his clients involves guaranteeing them the maximum amount of compensation in all viable forms.
Notably, punitive damages are excluded under California's wrongful death law. If punitive damages are your aim, then you would need to pursue a survival cause of action in conjunction with the wrongful death claim if both stem from the same wrongful action.
Belal operates with a high level of transparency, briefing his clients on what to expect from their case, how he aims to support them throughout the process, and his action plan for getting you the compensation you are entitled to.
Wrongful Death: Definitions and How to Prove It
According to California law, a wrongful death is a death that occurs due to the wrongful actions of another individual. These actions could border on negligent, reckless, or even intentional. In cases where the act is intentional, the law permits for criminal prosecution.
Should there be even the slightest chance that your case pertains to wrongful death, it would be advisable to start a wrongful death lawsuit. If there are doubts regarding your eligibility to file a wrongful death case, consulting a proficient lawyer like Belal is recommended.
In order to prove wrongful death, four distinct elements need to be established. The first being that your loved one's demise is a result of the defendant's negligence, recklessness or carelessness. It is important to note that the defendant doesn't have to be wholly responsible for the death of your loved one.
Next, it needs to be shown that the defendant had a responsibility towards your loved one which they failed to uphold. This could be a doctor's duty to heal, a driver's responsibility to adhere to traffic rules, and so on.
The third element involves demonstrating a direct link between the defendant's actions and your loved one's death. The final element is proof that your loved one's death resulted in damages that deserve financial compensation.
Belal Hamideh stands by your side throughout this process, representing your interests with fervor to ensure that you have the best chance of a successful outcome.
The Criteria to File a Wrongful Death Lawsuit in California
When it comes to acknowledging who can file a wrongful death lawsuit in California, the privilege is accorded mainly to the surviving spouse and offspring of the deceased. This provision extends to parents in the absence of immediate family members or dependents of the deceased, making them potential beneficiaries. Additionally, descendants or financial dependents could potentially qualify for compensation. The rules around this are anything but simple, and it can get complex very quickly.
Navigating through determining who is eligible for compensation, the extent and the type of it, can be a tough task. Enlisting the assistance of an attorney who is substantially proficient in wrongful death cases increases the likelihood of a favorable outcome.
Financing a Wrongful Death Attorney’s Service: How Does It Work?
Our services are unique in the sense they operate on a contingency fee basis, which translates to no upfront or out of pocket expenses for our clients. The client’s eventual compensation serves as the source of our fee. This is a testament to our commitment to supporting our clients during these difficult times.
The downside to this method is that we receive no payment in the unfortunate event we lose the case. However, we take pride in our remarkable success rate of 99%. While insurance companies may be inclined to limit your payment, we work relentlessly to make sure you receive a fair settlement.
Our network includes medical professionals who operate on a contingency basis as well. If medical attention is needed, they can be a valuable resource as their fee is deducted from your settlement.
The Role of a Wrongful Death Attorney: An Insight
As your legal representative, Belal assumes responsibility for practically every aspect of your case, allowing for a hassle-free litigation process.
From the outset, our well-versed team embarks on thorough investigations into the unfortunate incident leading to the demise of your loved one. Belal and his team work tirelessly to unravel the truth behind the incident, identify all parties liable, and create a convincing case on behalf of our client.
There’s a possibility that more than one party could be held accountable for the wrongful death. In such an event, we ensure that all liable parties face legal action. For instance, if the death resulted from a slipping and falling accident on another’s property, our duty is to build a strong case against all parties involved. This could include the property owner, the person in charge of maintenance, or anyone else accountable for the condition of the property.
Being aware of the emotional distress accompanying the loss of a loved one, we serve as a dependable guide for our clients, offering advice, updates, and support throughout the journey.
A Proven Wrongful Death Attorney in California: Belal Hamideh
Experiencing the loss of a loved one due to someone else’s actions is something no one is ready for. Engaging a lawyer with specialization in wrongful death law helps you to manage everything that needs attention.
In consultation with Belal, he will review your case in detail. Armed with his vast experience, he is prepared to fight hard for your rights and ensure you are awarded the maximum compensation for your ordeal.
To schedule a free case evaluation, get in touch with us via our website or call.
Key Legal Provisions for Wrongful Death Claims (Survivor Rights)
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code of Civil Procedure - CCP § 377.60
This section clarifies who can file a wrongful death lawsuit, ensuring that surviving family members have legal standing. It's the foundation for protecting survivor rights.
CCP § 377.60: Defining Eligible Claimants (Survivor Context):
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 of Civil Procedure - CCP § 335.1
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for survivors seeking legal recourse.
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.
California Code, Code of Civil Procedure - CCP § 377.61
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages to support survivors. It's about recognizing the full impact of the loss on those left behind.
CCP § 377.61: Awarding Just Damages (Survivor Support):
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
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they impact survivors.
CCP § 377.34: Limitations on Damages (Survivor Considerations):
(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.
Schedule a free case evaluation today and take the first step toward finding justice and healing
Understanding the meaning of a wrongful death claim is the first step toward seeking justice and support for survivors. Research from the National Center for Health Statistics demonstrates that bereavement significantly increases the likelihood of depression and anxiety among survivors. These statistics highlight the widespread impact of wrongful death and the importance of providing comprehensive support to those left behind.
To gain a deeper understanding of the legal aspects, it's essential to consult authoritative resources. The California Courts' Self-Help Guide provides clear definitions and explanations of wrongful death claims and related legal processes. This resource, combined with the guidance of a compassionate wrongful death attorney like Belal Hamideh, can help survivors navigate the legal landscape and secure rightful compensation.
Remember, a wrongful death claim is not just about financial recovery; it's about acknowledging the profound loss and providing survivors with the resources they need to rebuild their lives. Research from the American Foundation for Suicide Prevention highlights the importance of addressing the emotional and psychological needs of those affected by wrongful death.
If you're a survivor seeking clarity and support, don't hesitate to reach out. Belal Hamideh offers compassionate and effective representation, ensuring your rights are protected and your well-being is prioritized.
Non-economic damages include that which is more intangible, such as pain, suffering, loss of consortium, and more.
If you believe there’s a chance you may have a case, contact Belal Hamideh, an experienced wrongful death attorney for a free case evaluation.
[caption id="attachment_31796" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Experienced Wrongful Death Attorney By Your Side
When tragedy strikes in the form of losing a loved one as a result of someone else's neglect or recklessness, the grief and pain that accompanies such a situation are immeasurable. The hole left by that person in your life cannot be filled by anything. However, in times of such distress, there might be a glimmer of hope in the form of financial compensation. Now, navigating the complications of a wrongful death case isn't a task that you should undertake alone, and that's where Belal Hamideh comes in. This proficient California wrongful death lawyer could be instrumental in guiding you to the compensation you deserve.
Belal Hamideh, equipped with a wealth of experience, is positioned to provide you with aggressive representation. His mission: securing the highest compensation possible for your loss. This financial remuneration can aid in managing funeral costs, taking care of healthcare expenses, compensating for pain & suffering, and more, therefore playing a crucial role in establishing a foundation for your future.
Belal offers an invaluable service of free case evaluations. In these sessions, he will evaluate the worth of your claim and also detail how he plans to support you during such a harrowing time.
Wrongful Death Compensation and Assistance
Compensation includes both economic and non-economic elements. Economic remuneration can cover aspects like medical costs, funeral expenses, loss of income (which also factors in potential income), amongst others.
Non-economic damages are somewhat more difficult to pin down. They include the suffering and pain that accompany such a loss, as well as the lack of guidance and protection. Though intangible and challenging to quantify, Belal Hamideh's commitment to his clients involves guaranteeing them the maximum amount of compensation in all viable forms.
Notably, punitive damages are excluded under California's wrongful death law. If punitive damages are your aim, then you would need to pursue a survival cause of action in conjunction with the wrongful death claim if both stem from the same wrongful action.
Belal operates with a high level of transparency, briefing his clients on what to expect from their case, how he aims to support them throughout the process, and his action plan for getting you the compensation you are entitled to.
Wrongful Death: Definitions and How to Prove It
According to California law, a wrongful death is a death that occurs due to the wrongful actions of another individual. These actions could border on negligent, reckless, or even intentional. In cases where the act is intentional, the law permits for criminal prosecution.
Should there be even the slightest chance that your case pertains to wrongful death, it would be advisable to start a wrongful death lawsuit. If there are doubts regarding your eligibility to file a wrongful death case, consulting a proficient lawyer like Belal is recommended.
In order to prove wrongful death, four distinct elements need to be established. The first being that your loved one's demise is a result of the defendant's negligence, recklessness or carelessness. It is important to note that the defendant doesn't have to be wholly responsible for the death of your loved one.
Next, it needs to be shown that the defendant had a responsibility towards your loved one which they failed to uphold. This could be a doctor's duty to heal, a driver's responsibility to adhere to traffic rules, and so on.
The third element involves demonstrating a direct link between the defendant's actions and your loved one's death. The final element is proof that your loved one's death resulted in damages that deserve financial compensation.
Belal Hamideh stands by your side throughout this process, representing your interests with fervor to ensure that you have the best chance of a successful outcome.
The Criteria to File a Wrongful Death Lawsuit in California
When it comes to acknowledging who can file a wrongful death lawsuit in California, the privilege is accorded mainly to the surviving spouse and offspring of the deceased. This provision extends to parents in the absence of immediate family members or dependents of the deceased, making them potential beneficiaries. Additionally, descendants or financial dependents could potentially qualify for compensation. The rules around this are anything but simple, and it can get complex very quickly.
Navigating through determining who is eligible for compensation, the extent and the type of it, can be a tough task. Enlisting the assistance of an attorney who is substantially proficient in wrongful death cases increases the likelihood of a favorable outcome.
Financing a Wrongful Death Attorney’s Service: How Does It Work?
Our services are unique in the sense they operate on a contingency fee basis, which translates to no upfront or out of pocket expenses for our clients. The client’s eventual compensation serves as the source of our fee. This is a testament to our commitment to supporting our clients during these difficult times.
The downside to this method is that we receive no payment in the unfortunate event we lose the case. However, we take pride in our remarkable success rate of 99%. While insurance companies may be inclined to limit your payment, we work relentlessly to make sure you receive a fair settlement.
Our network includes medical professionals who operate on a contingency basis as well. If medical attention is needed, they can be a valuable resource as their fee is deducted from your settlement.
The Role of a Wrongful Death Attorney: An Insight
As your legal representative, Belal assumes responsibility for practically every aspect of your case, allowing for a hassle-free litigation process.
From the outset, our well-versed team embarks on thorough investigations into the unfortunate incident leading to the demise of your loved one. Belal and his team work tirelessly to unravel the truth behind the incident, identify all parties liable, and create a convincing case on behalf of our client.
There’s a possibility that more than one party could be held accountable for the wrongful death. In such an event, we ensure that all liable parties face legal action. For instance, if the death resulted from a slipping and falling accident on another’s property, our duty is to build a strong case against all parties involved. This could include the property owner, the person in charge of maintenance, or anyone else accountable for the condition of the property.
Being aware of the emotional distress accompanying the loss of a loved one, we serve as a dependable guide for our clients, offering advice, updates, and support throughout the journey.
A Proven Wrongful Death Attorney in California: Belal Hamideh
Experiencing the loss of a loved one due to someone else’s actions is something no one is ready for. Engaging a lawyer with specialization in wrongful death law helps you to manage everything that needs attention.
In consultation with Belal, he will review your case in detail. Armed with his vast experience, he is prepared to fight hard for your rights and ensure you are awarded the maximum compensation for your ordeal.
To schedule a free case evaluation, get in touch with us via our website or call.
Key Legal Provisions for Wrongful Death Claims (Survivor Rights)
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code of Civil Procedure - CCP § 377.60
This section clarifies who can file a wrongful death lawsuit, ensuring that surviving family members have legal standing. It's the foundation for protecting survivor rights.
CCP § 377.60: Defining Eligible Claimants (Survivor Context):
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 of Civil Procedure - CCP § 335.1
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for survivors seeking legal recourse.
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.
California Code, Code of Civil Procedure - CCP § 377.61
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages to support survivors. It's about recognizing the full impact of the loss on those left behind.
CCP § 377.61: Awarding Just Damages (Survivor Support):
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
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they impact survivors.
CCP § 377.34: Limitations on Damages (Survivor Considerations):
(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.
Schedule a free case evaluation today and take the first step toward finding justice and healing
Understanding the meaning of a wrongful death claim is the first step toward seeking justice and support for survivors. Research from the National Center for Health Statistics demonstrates that bereavement significantly increases the likelihood of depression and anxiety among survivors. These statistics highlight the widespread impact of wrongful death and the importance of providing comprehensive support to those left behind.
To gain a deeper understanding of the legal aspects, it's essential to consult authoritative resources. The California Courts' Self-Help Guide provides clear definitions and explanations of wrongful death claims and related legal processes. This resource, combined with the guidance of a compassionate wrongful death attorney like Belal Hamideh, can help survivors navigate the legal landscape and secure rightful compensation.
Remember, a wrongful death claim is not just about financial recovery; it's about acknowledging the profound loss and providing survivors with the resources they need to rebuild their lives. Research from the American Foundation for Suicide Prevention highlights the importance of addressing the emotional and psychological needs of those affected by wrongful death.
If you're a survivor seeking clarity and support, don't hesitate to reach out. Belal Hamideh offers compassionate and effective representation, ensuring your rights are protected and your well-being is prioritized.
You can recover economic as well as non-economic damages.
Economic damages could encompass an array of costs such as medical bills, funeral expenses, and lost earnings, amongst others. On the other hand, non-economic compensations might relate to intangibles like pain, emotional distress, and loss of companionship. Though these are often hard to quantify, we're committed to diligently working towards procuring the optimal outcome for you.
In California, punitive damages do not apply to wrongful death lawsuits. However, should you want to pursue such damages, you'll need to couple a survival action with the wrongful death lawsuit if they both stem from the same incident.
[caption id="attachment_29210" align="alignnone" width="1000"] wrongful death attorney[/caption]
Wrongful death lawyer Belal Hamideh can help. During a free case evaluation with him, expect to gain a clear understanding of what lies ahead in your case. He'll devise a strategy informed by his vast experience to aid in securing your rightful compensation.
The Assistance of a Wrongful Death Lawyer
The pain of losing a loved one is immense, and when such a loss is the result of someone else's negligence, it can feel like the world has crumbled to pieces. But you should remember that you have legal avenues available. It is possible to seek financial recompense following this tragic event, and Belal Hamideh, a wrongful death attorney in California, stands ready to assist and guide you.
With a vast reservoir of knowledge and hands-on experience, Belal Hamideh is poised to fight tooth and nail for the highest possible compensation for your loss. It is important to note that financial compensation, while unable to fill the void left by your loved one, can go a long way in covering funeral expenses, medical bills, emotional distress, and other unforeseen costs that can add stress to an already traumatic period.
Belal is always ready to take the time to review your case free of charge, evaluate the worth of your claim, and outline how he can aid you in this challenging time.
Wrongful Death Compensation and More
In a wrongful death case, you can receive both economic and non-economic compensation. Economic compensation includes medical bills, funeral costs, and loss of income, among others. Non-economic compensation, on the other hand, covers elements such as emotional distress and loss of guidance and companionship. Although it can be hard to quantify non-economic damages, Belal is dedicated to pulling out all the stops to ensure you receive maximum possible compensation.
Please note that punitive damages, meant to punish the defendant, are not awarded under California's wrongful death law. Should you wish to claim punitive damages, a survival cause of action needs to be filed in conjunction with the wrongful death claim.
Upon consultation with Belal, he will provide insight into what to expect from your case, and propose a comprehensive strategy based on his extensive background on how to help you secure compensation.
As per California's legal definition, a wrongful death takes place when a person's death results from another's unjust action, be it reckless, negligent, or intentional. If there's a possibility that this applies to your situation, you may very well have a valid wrongful death claim. To clear any uncertainties about your eligibility to lodge a wrongful death case, it's advisable to consult a lawyer with proven experience.
Proving Wrongful Death
Proving wrongful death requires four separate elements. Firstly, the death of your loved one must be because of the defendant's negligence or recklessness. Even if the defendant isn't fully to blame, you could still have a case. Secondly, you need to demonstrate that the defendant had a duty towards your loved one, which they failed to fulfill. Thirdly, you must establish a direct link between the defendant's action and your loved one's demise. Lastly, you need to display that the death caused damages that merit financial compensation.
Belal will provide zealous representation, laying the groundwork to increase the chances of a successful outcome in your favor. The pursuit of justice after such a tragic event is a challenging journey, but with Belal Hamideh by your side, you can tread this path with confidence, assured that you have an ardent advocate fighting for your cause.
Understanding Who Can File a Wrongful Death Lawsuit in California
At times, life ends in a tragic and unforeseen manner, leaving our loved ones grappling with the reality of sudden loss. In California, the laws surrounding wrongful death lawsuits allow specific beneficiaries to file a case. These beneficiaries are typically the surviving spouse, children, or direct dependents of the deceased. However, if the deceased had no direct family or dependents, parents could take up the mantle to seek justice for their child. Other living descendents or individuals who had financial ties to the deceased could also be eligible for compensation, Should they win the case.
The laws surrounding wrongful death are not straightforward, and the intricacies can be challenging to comprehend. Thus, getting a legal professional who has a comprehensive understanding of wrongful death cases is essential. Not only to clear the confusion but also to increase the probabilities of the case going in your favor.
Methods of Payment for a Wrongful Death Attorney
We understand that the period following a wrongful death is emotionally and financially challenging. Therefore, our methods of payment are considerate of your situation. We work on a contingency fee basis, meaning we only ask for payment once you win the case. Our fee comes directly from the settlement or winnings you get, eliminating the need for any upfront, out-of-pocket payments.
We succeed in our cases 99% of the time, which guarantees you that we'll fight to ensure you receive the compensation you deserve. Insurance companies will always try to minimize your payment, but we counteract their efforts and fight for your rights. In addition, we work hand-in-hand with medical professionals who also operate on a contingency basis. Should you need medical care, we can facilitate referrals, and their charges will eventually be deducted from your settlement.
The Role of a Wrongful Death Attorney
When you put your trust in Belal, you give him the mandate to manage your case from start to finish. This outsourcing of responsibility means that you don't have to bear the burden of the process yourself. Our competent team conducts detailed investigations into the circumstances leading to the wrongful death, freeing you the emotional burden that comes with it.
Belal and the team get to the bottom of the incident, identifying the parties responsible and building a solid case in your favor. We recognize that multiple parties could be at fault, and we work to ensure that each one is held accountable.
For instance, if your loved one lost their life due to a fall on someone else’s property, we'll meticulously build a case against all parties involved. The property owner, the party in charge of maintenance, or anyone whose responsibility was to ensure the safety of the premises, we leave no stone unturned.
Throughout the entire process, we act as your reliable ally, providing support, updates, and guidance. We facilitate a healing environment by taking the legal burden off your shoulders.
Belal Hamideh: Trusted Wrongful Death Attorney in California
The loss of someone you love due to another person's negligence is a pain that nothing can prepare you for. Belal Hamideh, a distinguished wrongful death attorney, is ready to stand by you throughout your quest for justice. With his vast legal knowledge, he will represent you aggressively, ensuring that you receive the maximum compensation for all you've been through. To schedule a free case assessment, feel free to contact us via our website or phone call.
Key Legal Provisions for Wrongful Death Damages
These laws may pertain to your situation. If you have further questions, contact Belal.
CCP § 377.60: Defining Eligible Claimants (Damage Context):
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.
This section clarifies who can file a wrongful death lawsuit and seek damages, ensuring that eligible family members have legal standing. It's the foundation for pursuing compensation.
CCP § 335.1: Statute of Limitations:
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.
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for pursuing damages.
CCP § 377.61: Awarding Just Damages (Economic & Non-Economic):
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.
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages. It's about recognizing the full spectrum of losses.
CCP § 377.34: Limitations on Damages (Punitive & Survival):
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.
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and the exclusion of punitive damages in wrongful death cases.
Finding Financial Stability and Healing
The pursuit of wrongful death damages is not merely a legal process; it's a critical step toward securing the future well-being of surviving family members. The stark reality is that the loss of a primary income earner inevitably plunges families into increased household debt and severe financial strain. These figures highlight the significant economic impact of wrongful death and the necessity for adequate compensation.
To understand the specific types of damages recoverable, it's crucial to consult authoritative resources. The California Courts' Self-Help Guide provides detailed information on economic and non-economic damages in wrongful death cases. This resource, combined with the personalized guidance of a dedicated wrongful death attorney like Belal Hamideh, can empower you to navigate the complexities of your claim.
Remember, seeking wrongful death damages is about more than just financial recovery; it's about acknowledging the profound loss of companionship and support. Studies from the American Psychological Association emphasize the importance of addressing both the emotional and economic consequences of wrongful death.
If you're facing the devastating loss of a loved one due to negligence, don't let financial uncertainty compound your grief. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and your family's future is secured. Schedule a free case evaluation today and take the first step toward finding financial stability and emotional healing.
Economic damages could encompass an array of costs such as medical bills, funeral expenses, and lost earnings, amongst others. On the other hand, non-economic compensations might relate to intangibles like pain, emotional distress, and loss of companionship. Though these are often hard to quantify, we're committed to diligently working towards procuring the optimal outcome for you.
In California, punitive damages do not apply to wrongful death lawsuits. However, should you want to pursue such damages, you'll need to couple a survival action with the wrongful death lawsuit if they both stem from the same incident.
[caption id="attachment_29210" align="alignnone" width="1000"] wrongful death attorney[/caption]
Wrongful death lawyer Belal Hamideh can help. During a free case evaluation with him, expect to gain a clear understanding of what lies ahead in your case. He'll devise a strategy informed by his vast experience to aid in securing your rightful compensation.
The Assistance of a Wrongful Death Lawyer
The pain of losing a loved one is immense, and when such a loss is the result of someone else's negligence, it can feel like the world has crumbled to pieces. But you should remember that you have legal avenues available. It is possible to seek financial recompense following this tragic event, and Belal Hamideh, a wrongful death attorney in California, stands ready to assist and guide you.
With a vast reservoir of knowledge and hands-on experience, Belal Hamideh is poised to fight tooth and nail for the highest possible compensation for your loss. It is important to note that financial compensation, while unable to fill the void left by your loved one, can go a long way in covering funeral expenses, medical bills, emotional distress, and other unforeseen costs that can add stress to an already traumatic period.
Belal is always ready to take the time to review your case free of charge, evaluate the worth of your claim, and outline how he can aid you in this challenging time.
Wrongful Death Compensation and More
In a wrongful death case, you can receive both economic and non-economic compensation. Economic compensation includes medical bills, funeral costs, and loss of income, among others. Non-economic compensation, on the other hand, covers elements such as emotional distress and loss of guidance and companionship. Although it can be hard to quantify non-economic damages, Belal is dedicated to pulling out all the stops to ensure you receive maximum possible compensation.
Please note that punitive damages, meant to punish the defendant, are not awarded under California's wrongful death law. Should you wish to claim punitive damages, a survival cause of action needs to be filed in conjunction with the wrongful death claim.
Upon consultation with Belal, he will provide insight into what to expect from your case, and propose a comprehensive strategy based on his extensive background on how to help you secure compensation.
As per California's legal definition, a wrongful death takes place when a person's death results from another's unjust action, be it reckless, negligent, or intentional. If there's a possibility that this applies to your situation, you may very well have a valid wrongful death claim. To clear any uncertainties about your eligibility to lodge a wrongful death case, it's advisable to consult a lawyer with proven experience.
Proving Wrongful Death
Proving wrongful death requires four separate elements. Firstly, the death of your loved one must be because of the defendant's negligence or recklessness. Even if the defendant isn't fully to blame, you could still have a case. Secondly, you need to demonstrate that the defendant had a duty towards your loved one, which they failed to fulfill. Thirdly, you must establish a direct link between the defendant's action and your loved one's demise. Lastly, you need to display that the death caused damages that merit financial compensation.
Belal will provide zealous representation, laying the groundwork to increase the chances of a successful outcome in your favor. The pursuit of justice after such a tragic event is a challenging journey, but with Belal Hamideh by your side, you can tread this path with confidence, assured that you have an ardent advocate fighting for your cause.
Understanding Who Can File a Wrongful Death Lawsuit in California
At times, life ends in a tragic and unforeseen manner, leaving our loved ones grappling with the reality of sudden loss. In California, the laws surrounding wrongful death lawsuits allow specific beneficiaries to file a case. These beneficiaries are typically the surviving spouse, children, or direct dependents of the deceased. However, if the deceased had no direct family or dependents, parents could take up the mantle to seek justice for their child. Other living descendents or individuals who had financial ties to the deceased could also be eligible for compensation, Should they win the case.
The laws surrounding wrongful death are not straightforward, and the intricacies can be challenging to comprehend. Thus, getting a legal professional who has a comprehensive understanding of wrongful death cases is essential. Not only to clear the confusion but also to increase the probabilities of the case going in your favor.
Methods of Payment for a Wrongful Death Attorney
We understand that the period following a wrongful death is emotionally and financially challenging. Therefore, our methods of payment are considerate of your situation. We work on a contingency fee basis, meaning we only ask for payment once you win the case. Our fee comes directly from the settlement or winnings you get, eliminating the need for any upfront, out-of-pocket payments.
We succeed in our cases 99% of the time, which guarantees you that we'll fight to ensure you receive the compensation you deserve. Insurance companies will always try to minimize your payment, but we counteract their efforts and fight for your rights. In addition, we work hand-in-hand with medical professionals who also operate on a contingency basis. Should you need medical care, we can facilitate referrals, and their charges will eventually be deducted from your settlement.
The Role of a Wrongful Death Attorney
When you put your trust in Belal, you give him the mandate to manage your case from start to finish. This outsourcing of responsibility means that you don't have to bear the burden of the process yourself. Our competent team conducts detailed investigations into the circumstances leading to the wrongful death, freeing you the emotional burden that comes with it.
Belal and the team get to the bottom of the incident, identifying the parties responsible and building a solid case in your favor. We recognize that multiple parties could be at fault, and we work to ensure that each one is held accountable.
For instance, if your loved one lost their life due to a fall on someone else’s property, we'll meticulously build a case against all parties involved. The property owner, the party in charge of maintenance, or anyone whose responsibility was to ensure the safety of the premises, we leave no stone unturned.
Throughout the entire process, we act as your reliable ally, providing support, updates, and guidance. We facilitate a healing environment by taking the legal burden off your shoulders.
Belal Hamideh: Trusted Wrongful Death Attorney in California
The loss of someone you love due to another person's negligence is a pain that nothing can prepare you for. Belal Hamideh, a distinguished wrongful death attorney, is ready to stand by you throughout your quest for justice. With his vast legal knowledge, he will represent you aggressively, ensuring that you receive the maximum compensation for all you've been through. To schedule a free case assessment, feel free to contact us via our website or phone call.
Key Legal Provisions for Wrongful Death Damages
These laws may pertain to your situation. If you have further questions, contact Belal.
CCP § 377.60: Defining Eligible Claimants (Damage Context):
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.
This section clarifies who can file a wrongful death lawsuit and seek damages, ensuring that eligible family members have legal standing. It's the foundation for pursuing compensation.
CCP § 335.1: Statute of Limitations:
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.
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for pursuing damages.
CCP § 377.61: Awarding Just Damages (Economic & Non-Economic):
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.
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages. It's about recognizing the full spectrum of losses.
CCP § 377.34: Limitations on Damages (Punitive & Survival):
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.
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and the exclusion of punitive damages in wrongful death cases.
Finding Financial Stability and Healing
The pursuit of wrongful death damages is not merely a legal process; it's a critical step toward securing the future well-being of surviving family members. The stark reality is that the loss of a primary income earner inevitably plunges families into increased household debt and severe financial strain. These figures highlight the significant economic impact of wrongful death and the necessity for adequate compensation.
To understand the specific types of damages recoverable, it's crucial to consult authoritative resources. The California Courts' Self-Help Guide provides detailed information on economic and non-economic damages in wrongful death cases. This resource, combined with the personalized guidance of a dedicated wrongful death attorney like Belal Hamideh, can empower you to navigate the complexities of your claim.
Remember, seeking wrongful death damages is about more than just financial recovery; it's about acknowledging the profound loss of companionship and support. Studies from the American Psychological Association emphasize the importance of addressing both the emotional and economic consequences of wrongful death.
If you're facing the devastating loss of a loved one due to negligence, don't let financial uncertainty compound your grief. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and your family's future is secured. Schedule a free case evaluation today and take the first step toward finding financial stability and emotional healing.
The most common causes of wrongful death, the most common wrongful death factors, are accidents. These include vehicular accidents, such as car accidents, truck accidents, motorcycle accidents, bike accidents, pedestrian accidents, and the like.
Common factors of wrongful death also include accidents at work, defective products, intentional acts, and more.
If you believe that you may have a wrongful death case, contact Belal Hamideh for a free case evaluation. An experienced wrongful death attorney, he may be able to help.
What a Wrongful Death Attorney Can Do
Has a loved one in your life been unfairly taken away due to the recklessness or negligence of another? The people we hold dear are invaluable and their loss is irreparable. When their demise is a consequence of someone else's incaution, you could be eligible for financial restitution. Belal Hamideh, a skilled wrongful death attorney in California, is at your service to assist you in securing this restitution.
[caption id="attachment_29210" align="alignnone" width="1000"] wrongful death attorney[/caption]
Utilizing his broad exposure in legal matters, Belal can assure you of robust representation. This will secure maximum achievable compensation for your loss. This compensation can assist you to finance funeral costs, medical bills, mental anguish, and other related expenses, thus working as a cornerstone for your future stability.
Belal extends an offer for free case reviews. He will assess the value of your claim and provide guidance on how he can uphold your interests during this challenging time.
What is the Compensation Scenario in a Wrongful Death Case?
You may be awarded both economic and non-economic compensation. Economic compensation can entail medical bills, funeral expenditures, lost income (including prospective earnings), among other costs.
Non-economic damages include mental distress and the loss of guidance, protection, and more. Quantifying non-economic damages can be complex. However, we are firmly committed to attaining the highest possible financial relief for our clients in every conceivable form.
California law does not encompass the provision of punitive damages in cases of wrongful death. If you wish to claim punitive damages, a survival cause of action should be pursued in conjunction with the wrongful death suit if both originate from the same wrongful act.
During your consultation phase with Belal, he will provide clear insights on what to expect from your case. He will detail the approach he can adopt, built upon years of legal practice, to assist you in acquiring compensation.
What Defines a Wrongful Death & How Can it be Substantiated?
As defined by California law, a wrongful death occurs when someone's demises due to another party's wrongful conduct. The act may range from negligence and recklessness to intentional wrongdoing. If the act is definitively deliberate, it could potentially lead to criminal prosecution.
If you think that your situation even remotely resonates with the criteria for wrongful death, chances are you could have a valid wrongful death lawsuit. To dispel any uncertainties about your entitlement to file a wrongful death case, it is advisable to seek counsel from a seasoned lawyer.
Substantiating wrongful death necessitates presenting four separate factors. Firstly, you must prove that the demise of your loved one was a direct result of the accused's negligence, recklessness, or carelessness. It should be noted that the defendant does not need to bear the entire responsibility for the demise of your loved one.
Secondly, it must be demonstrated that the defendant owed a duty to your loved one and that this duty was violated. For instance, a doctor has a duty to treat, a driver has a duty to obey traffic rules and so on.
Thirdly, you should demonstrate that the defendant's action directly led to your loved one's demise. Lastly, you must prove that the death of your loved one resulted in damages that justify compensation.
Belal will assertively fight for your interests, using his skills to maximize the chances for a favorable outcome in your case.
Understanding Wrongful Death Lawsuits in California
As somber as it may be, the reality of wrongful death cases is crucial to explore, particularly when determining who has the legal standing to file a suit. Surviving spouses and offspring of the deceased top the list of beneficiaries with the right to file. However, the mandate widens to include parents in cases where the deceased had no immediate family or dependents. Additionally, other financial dependents or descendants can be considered eligible for compensation.
The above representations paint a broad picture that could consequently get complex rapidly. Deciphering who stands eligible for compensation, the extent of that compensation, and what forms of redress the law allows can be a labyrinth. This is where consulting with a lawyer who has a deep understanding and extensive engagement in wrongful death cases becomes a fundamental necessity.
Responsive Legal Services on a Contingency Basis
Our commitment to supporting our clients right from the onset has led us to adopt a contingency fee basis for our services. This strategy exonerates our clients from monetary pressures of upfront payments or similar financial obligations. Our fee simply comes from the eventual settlement or winnings you receive.
With this system in place, we only get paid if we win the case. This assertion becomes more profound bearing in mind that we have a 99% success rate. We remain steadfast in ensuring you get all you deserve, even as insurance companies work round the clock to minimize your payment.
Additionally, we have a network of medical professionals who operate under a similar contingency basis. When need be, we can provide referrals to help you get the medical care you require, with their compensation also stemming from your settlement.
Navigating the Legal Landscape
When you choose to enlist Belal’s services, you are essentially unburdening yourself of the technicalities that come with wrongful death cases. Belal becomes the custodian of your case, managing every detail, thus relieving you of the strain it may come with.
For instance, our diligent team embarks on detailed investigations into the circumstances surrounding your loved one's demise immediately we start representing you. The mission is to find the truth by identifying all parties involved and creating a robust case on your behalf.
In the course of our pursuit for justice, we determine all parties accountable for the wrongful death, ensuring they all face legal action. Whether the death was due to a slip and fall accident on someone's property, we will go after each party responsible, including the property owner, the party in charge of maintenance, and those liable for the conditions.
Losing a loved one in such circumstances is undoubtedly distressing. That is why we strive to act as your dependable pillar, offering guidance, updates, and comprehensive support throughout the legal process.
Belal Hamideh – A Legal Ally in Wrongful Death Cases
The reality of losing a loved one due to someone else’s negligence is hard to fathom. This is where the assistance of a lawyer who is well-versed in wrongful death cases becomes instrumental. Belal’s vast experience will ensure you concentrate on dealing with all the other aspects of your life while he fights effortlessly for you.
During your consultation with Belal, he will thoroughly analyze your case, adopting an aggressive approach to ensure you secure the maximum compensation you deserve. To book a free case evaluation, you can message us through our website or give us a call.
Essential Legal Provisions for Wrongful Death Claims
(Accident Factors)
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60: Defining Eligible Claimants (Accident Context):
This section clarifies who can file a wrongful death lawsuit, ensuring that families affected by accidents have legal standing. It's the foundation for seeking justice in accident-related cases.
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: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial in accident-related cases.
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: Awarding Just Damages (Accident Factors):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages related to accidents. It's about recognizing the full impact of accident-related losses.
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: Limitations on Damages (Accident Context):
This section clarifies the types of damages recoverable, which is particularly important in cases involving accidents and negligence.
(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.
Seeking Justice, Promoting Safety
The reality of wrongful death is a stark reminder of the fragility of life and the importance of accountability. Concerningly, workplace fatalities in California have seen an increase, with National Safety Council data revealing a substantial rise in unintentional overdoses, accounting for over 18% of all workplace deaths in the state in 2021. . These statistics underscore the prevalence of preventable deaths and the necessity for legal recourse.
To understand the specific factors that contribute to wrongful death, it's essential to consult authoritative resources. The California Office of Traffic Safety provides data on vehicular accidents and their causes. This information, combined with the expertise of a seasoned wrongful death attorney like Belal Hamideh, can help you navigate the complexities of your case.
Remember, pursuing a wrongful death claim is not just about seeking compensation; it's about advocating for safer environments and preventing future tragedies. Research from the Centers for Disease Control and Prevention highlights the importance of raising awareness and implementing safety measures.
If you've lost a loved one due to preventable circumstances, don't let their death be in vain. Belal Hamideh offers compassionate and aggressive representation, ensuring your voice is heard and your rights are protected. Schedule a free case evaluation today and take the first step toward seeking justice and promoting safer communities.
Common factors of wrongful death also include accidents at work, defective products, intentional acts, and more.
If you believe that you may have a wrongful death case, contact Belal Hamideh for a free case evaluation. An experienced wrongful death attorney, he may be able to help.
What a Wrongful Death Attorney Can Do
Has a loved one in your life been unfairly taken away due to the recklessness or negligence of another? The people we hold dear are invaluable and their loss is irreparable. When their demise is a consequence of someone else's incaution, you could be eligible for financial restitution. Belal Hamideh, a skilled wrongful death attorney in California, is at your service to assist you in securing this restitution.
[caption id="attachment_29210" align="alignnone" width="1000"] wrongful death attorney[/caption]
Utilizing his broad exposure in legal matters, Belal can assure you of robust representation. This will secure maximum achievable compensation for your loss. This compensation can assist you to finance funeral costs, medical bills, mental anguish, and other related expenses, thus working as a cornerstone for your future stability.
Belal extends an offer for free case reviews. He will assess the value of your claim and provide guidance on how he can uphold your interests during this challenging time.
What is the Compensation Scenario in a Wrongful Death Case?
You may be awarded both economic and non-economic compensation. Economic compensation can entail medical bills, funeral expenditures, lost income (including prospective earnings), among other costs.
Non-economic damages include mental distress and the loss of guidance, protection, and more. Quantifying non-economic damages can be complex. However, we are firmly committed to attaining the highest possible financial relief for our clients in every conceivable form.
California law does not encompass the provision of punitive damages in cases of wrongful death. If you wish to claim punitive damages, a survival cause of action should be pursued in conjunction with the wrongful death suit if both originate from the same wrongful act.
During your consultation phase with Belal, he will provide clear insights on what to expect from your case. He will detail the approach he can adopt, built upon years of legal practice, to assist you in acquiring compensation.
What Defines a Wrongful Death & How Can it be Substantiated?
As defined by California law, a wrongful death occurs when someone's demises due to another party's wrongful conduct. The act may range from negligence and recklessness to intentional wrongdoing. If the act is definitively deliberate, it could potentially lead to criminal prosecution.
If you think that your situation even remotely resonates with the criteria for wrongful death, chances are you could have a valid wrongful death lawsuit. To dispel any uncertainties about your entitlement to file a wrongful death case, it is advisable to seek counsel from a seasoned lawyer.
Substantiating wrongful death necessitates presenting four separate factors. Firstly, you must prove that the demise of your loved one was a direct result of the accused's negligence, recklessness, or carelessness. It should be noted that the defendant does not need to bear the entire responsibility for the demise of your loved one.
Secondly, it must be demonstrated that the defendant owed a duty to your loved one and that this duty was violated. For instance, a doctor has a duty to treat, a driver has a duty to obey traffic rules and so on.
Thirdly, you should demonstrate that the defendant's action directly led to your loved one's demise. Lastly, you must prove that the death of your loved one resulted in damages that justify compensation.
Belal will assertively fight for your interests, using his skills to maximize the chances for a favorable outcome in your case.
Understanding Wrongful Death Lawsuits in California
As somber as it may be, the reality of wrongful death cases is crucial to explore, particularly when determining who has the legal standing to file a suit. Surviving spouses and offspring of the deceased top the list of beneficiaries with the right to file. However, the mandate widens to include parents in cases where the deceased had no immediate family or dependents. Additionally, other financial dependents or descendants can be considered eligible for compensation.
The above representations paint a broad picture that could consequently get complex rapidly. Deciphering who stands eligible for compensation, the extent of that compensation, and what forms of redress the law allows can be a labyrinth. This is where consulting with a lawyer who has a deep understanding and extensive engagement in wrongful death cases becomes a fundamental necessity.
Responsive Legal Services on a Contingency Basis
Our commitment to supporting our clients right from the onset has led us to adopt a contingency fee basis for our services. This strategy exonerates our clients from monetary pressures of upfront payments or similar financial obligations. Our fee simply comes from the eventual settlement or winnings you receive.
With this system in place, we only get paid if we win the case. This assertion becomes more profound bearing in mind that we have a 99% success rate. We remain steadfast in ensuring you get all you deserve, even as insurance companies work round the clock to minimize your payment.
Additionally, we have a network of medical professionals who operate under a similar contingency basis. When need be, we can provide referrals to help you get the medical care you require, with their compensation also stemming from your settlement.
Navigating the Legal Landscape
When you choose to enlist Belal’s services, you are essentially unburdening yourself of the technicalities that come with wrongful death cases. Belal becomes the custodian of your case, managing every detail, thus relieving you of the strain it may come with.
For instance, our diligent team embarks on detailed investigations into the circumstances surrounding your loved one's demise immediately we start representing you. The mission is to find the truth by identifying all parties involved and creating a robust case on your behalf.
In the course of our pursuit for justice, we determine all parties accountable for the wrongful death, ensuring they all face legal action. Whether the death was due to a slip and fall accident on someone's property, we will go after each party responsible, including the property owner, the party in charge of maintenance, and those liable for the conditions.
Losing a loved one in such circumstances is undoubtedly distressing. That is why we strive to act as your dependable pillar, offering guidance, updates, and comprehensive support throughout the legal process.
Belal Hamideh – A Legal Ally in Wrongful Death Cases
The reality of losing a loved one due to someone else’s negligence is hard to fathom. This is where the assistance of a lawyer who is well-versed in wrongful death cases becomes instrumental. Belal’s vast experience will ensure you concentrate on dealing with all the other aspects of your life while he fights effortlessly for you.
During your consultation with Belal, he will thoroughly analyze your case, adopting an aggressive approach to ensure you secure the maximum compensation you deserve. To book a free case evaluation, you can message us through our website or give us a call.
Essential Legal Provisions for Wrongful Death Claims
(Accident Factors)
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60: Defining Eligible Claimants (Accident Context):
This section clarifies who can file a wrongful death lawsuit, ensuring that families affected by accidents have legal standing. It's the foundation for seeking justice in accident-related cases.
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: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial in accident-related cases.
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: Awarding Just Damages (Accident Factors):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages related to accidents. It's about recognizing the full impact of accident-related losses.
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: Limitations on Damages (Accident Context):
This section clarifies the types of damages recoverable, which is particularly important in cases involving accidents and negligence.
(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.
Seeking Justice, Promoting Safety
The reality of wrongful death is a stark reminder of the fragility of life and the importance of accountability. Concerningly, workplace fatalities in California have seen an increase, with National Safety Council data revealing a substantial rise in unintentional overdoses, accounting for over 18% of all workplace deaths in the state in 2021. . These statistics underscore the prevalence of preventable deaths and the necessity for legal recourse.
To understand the specific factors that contribute to wrongful death, it's essential to consult authoritative resources. The California Office of Traffic Safety provides data on vehicular accidents and their causes. This information, combined with the expertise of a seasoned wrongful death attorney like Belal Hamideh, can help you navigate the complexities of your case.
Remember, pursuing a wrongful death claim is not just about seeking compensation; it's about advocating for safer environments and preventing future tragedies. Research from the Centers for Disease Control and Prevention highlights the importance of raising awareness and implementing safety measures.
If you've lost a loved one due to preventable circumstances, don't let their death be in vain. Belal Hamideh offers compassionate and aggressive representation, ensuring your voice is heard and your rights are protected. Schedule a free case evaluation today and take the first step toward seeking justice and promoting safer communities.
Yes, it is possible to file a successful wrongful death case against a hospital. You may have a strong case if factors were involved such as the medical professionals exhibited a disappointing disregard for the patient, reflecting an apparent lack of responsibility.
Or, alternatively, that the hospital administration seemingly failed in their duty to effectively employ and oversee their staff members. Perhaps they demonstrated an inadequate level of concern towards the upkeep of crucial equipment, adding to the undermining of patient care.
It could be that this lack of supervision on how healthcare services were being administered within the premises reflects a significant shortfall in ensuring an environment of safety and dedication that should be the core of any health institution.
The right wrongful death attorney could help to prove all of that, so that you could receive the compensation you and your family deserve. Schedule a free case evaluation with Belal through our site or by calling.
Wrongful Death Attorney by Your Side
Have you experienced the heart-wrenching agony of losing a dear one due to the careless acts of another person? The individuals who touch our lives in profound ways are truly irreplaceable. No material possession can ever fill the void left by their untimely departure. However, if the demise of your loved one is as a result of someone else's negligence, you could be legally eligible for financial compensation. Enter Belal Hamideh, an attorney who specializes in wrongful death cases in California. Belal can guide you through the complex process so as to secure the rightful compensation you need and deserve.
With a wealth of experience under his belt, Belal Hamideh skillfully navigates the intricacies of wrongful death lawsuits to guarantee you a robust representation that aims for the most equitable settlement for your loss. This financial compensation is an essential aid in managing funeral expenses, healthcare bills, distress, and other associated costs. It serves as a crucial step in your path towards rebuilding and starting afresh.
Belal also offers complimentary case evaluations to provide a preliminary view of the potential claim, its worth, and the necessary steps he can undertake to assist you during this challenging period.
What Kind of Compensation can be Recovered in a Wrongful Death Case?
There are two types of compensatory damages: economic and non-economic. Economic damages might cover medical expenses, funeral costs, loss of income (both current and future), and more.
Non-economic damages, on the other hand, account for emotional distress, pain, suffering, loss of companionship, guidance, and so forth. While calculating non-economic damages presents its own challenges, Belal and his team are devoted to maximizing potential compensation in every feasible manner.
Unfortunately, punitive damages are not covered under California's wrongful death statute. To pursue punitive damages, one must initiate a different lawsuit, known as a survival action, concurrently with the wrongful death claim.
When you consult with Belal, he’ll provide a clear perspective on what to expect from your lawsuit and how he can aid in your case. He will devise a strategy based on his prolific experience to help you in securing your rightful compensation.
How to Establish a Wrongful Death Case?
According to Californian law, a wrongful death occurs when a person's death results from the wrongdoings of another person. This can range from reckless, negligent to deliberate deeds. If the act is intentional, the accused may face criminal charges.
If you suspect that the unfortunate death of your loved one falls into this category, it is highly advisable to consult with Belal immediately.
In order to prove wrongful death, four distinct elements need to be established. The death of your loved one should be a direct result of the defendant's negligent or reckless behavior. It's crucial to remember here that the defendant does not need to bear complete responsibility for the death.
Further, it must be proven that the defendant owed a duty of care to the deceased, which was subsequently broken. For instance, a physician has an obligation to cure, a driver to abide by traffic laws.
Lastly, you must provide evidence that the defendant's actions directly led to your loved one's demise and that the death resulted in damages that require financial restitution.
Belal Hamideh will ardently represent you throughout this process to ensure you have the highest chance of securing justice for your loss.
The Path to Filing a Wrongful Death Claim in California
Deciphering the intricate details of wrongful death lawsuits in California is no easy task. The rules dictate that living spouses and offspring are eligible to take action. However, if there are no immediate family members or dependents, the parents of the deceased can step into this role. Other potential candidates could be different descendants or individuals who happened to be financially reliant on the deceased. These provisions should be understood in their simplest form, but their application could easily become a complex matter.
Establishing who can claim, the extent of the possible claim, and what the claim can entail are questions that often brew uncertainty. In tackling such confusion, a consultation with a lawyer who has a deep understanding of wrongful death laws can be a beacon of hope. This approach significantly amplifies the chances of the case unfolding as desired.
Post-Hiring: Making Payments to a Wrongful Death Lawyer
Instead of a standard payment model, we use a contingency fee basis for our services. This implies that our clients are exempt from upfront charges, or any form of pre-payment. In contrast, we receive a percentage of the settlement or the court's verdict. We regard this feature as an added layer of support for our clients during this emotionally draining phase.
This contingency means that if the case is lost, we won't receive any payment for our work. Rest assured, we triumph in 99% of our cases. As the insurance companies try to minimize your claim, we tirelessly work to get you the compensation you deserve.
Moreover, our association with medical professionals who function on a contingency basis makes your journey easier. If required, we can refer you to them and their fees will be deducted from your settlement.
The Role of a Wrongful Death Lawyer
When you engage our firm's services and sign up with Belal, he takes over virtually the entire case. This allows you to be free of the administrative burden.
From the moment we officially represent you, Belal and his proficient team dive into a thorough investigation of your loved one's unfortunate demise. The objective here is to unearth the truth, pinpoint the culprits, and create a persuasive case representing our client's interests.
It is not uncommon for multiple parties to share responsibility for the wrongful death. In such situations, we ensure that every party accountable is brought to justice.
For instance, consider an accident where your loved one slipped and fell on someone else's property. In this case, we will aggressively build a case against everyone involved, including the property owner, the maintenance team, or any person who was responsible for the safety condition.
We understand the emotional toll such incidents take on the family of the deceased. As such, we strive to be a reliable ally, offering guidance, regular updates, and unending support from inception to completion of the case.
Introducing Belal Hamideh: A Proficient Wrongful Death Lawyer in California
The sudden loss of a loved one as a result of another's actions can be incapacitating. Collaborating with a specialized wrongful death attorney, like Belal Hamideh, can help you tackle the plethora of issues that arise.
During your initial meetings with Belal, he will thoroughly review your case. His vast knowledge and aggressive approach ensure that you receive the maximum compensation for all your sufferings.
To schedule a no-charge case evaluation, reach out to us through our website or make a phone call.
Essential Legal Provisions for Hospital Negligence Claims
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure - CCP § 377.60 - Defining Eligible Claimants (Including Hospital Negligence):
This section clarifies who can file a wrongful death lawsuit, ensuring that families affected by hospital negligence have legal standing. It's the foundation for seeking justice in medical malpractice cases.
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 - Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial in hospital negligence cases.
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 - Awarding Just Damages (Including Medical Malpractice):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages related to hospital negligence. It's about recognizing the full impact of medical malpractice.
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 - Limitations on Damages (Medical Context):
This section clarifies the types of damages recoverable, which is particularly important in cases involving hospital negligence and medical errors.
(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.
Hospital Negligence Laws
The sanctity of a hospital should never be compromised. When negligence leads to a wrongful death within its walls, it's not just a legal matter; it's a breach of trust. According to the Agency for Healthcare Research and Quality (AHRQ), preventable medical errors are the third leading cause of death in the United States. This sobering data underscores the critical need for accountability in healthcare settings.
To understand your rights in such situations, it's essential to consult reliable resources. The California Department of Public Health provides guidelines on patient rights and hospital responsibilities. This information, coupled with the expertise of a dedicated wrongful death attorney like Belal Hamideh, can empower you to seek justice.
Remember, pursuing a wrongful death claim against a hospital is not about attacking the institution; it's about advocating for patient safety and preventing future tragedies. Studies from the National Patient Safety Foundation highlight the importance of legal action in driving systemic change and improving healthcare standards.
If you've lost a loved one due to hospital negligence, don't let their passing be in vain. Belal Hamideh offers compassionate and aggressive representation, ensuring your voice is heard and your rights are protected. Schedule a free case evaluation today and take the first step toward seeking justice and promoting patient safety.
Or, alternatively, that the hospital administration seemingly failed in their duty to effectively employ and oversee their staff members. Perhaps they demonstrated an inadequate level of concern towards the upkeep of crucial equipment, adding to the undermining of patient care.
It could be that this lack of supervision on how healthcare services were being administered within the premises reflects a significant shortfall in ensuring an environment of safety and dedication that should be the core of any health institution.
The right wrongful death attorney could help to prove all of that, so that you could receive the compensation you and your family deserve. Schedule a free case evaluation with Belal through our site or by calling.
Wrongful Death Attorney by Your Side
Have you experienced the heart-wrenching agony of losing a dear one due to the careless acts of another person? The individuals who touch our lives in profound ways are truly irreplaceable. No material possession can ever fill the void left by their untimely departure. However, if the demise of your loved one is as a result of someone else's negligence, you could be legally eligible for financial compensation. Enter Belal Hamideh, an attorney who specializes in wrongful death cases in California. Belal can guide you through the complex process so as to secure the rightful compensation you need and deserve.
With a wealth of experience under his belt, Belal Hamideh skillfully navigates the intricacies of wrongful death lawsuits to guarantee you a robust representation that aims for the most equitable settlement for your loss. This financial compensation is an essential aid in managing funeral expenses, healthcare bills, distress, and other associated costs. It serves as a crucial step in your path towards rebuilding and starting afresh.
Belal also offers complimentary case evaluations to provide a preliminary view of the potential claim, its worth, and the necessary steps he can undertake to assist you during this challenging period.
What Kind of Compensation can be Recovered in a Wrongful Death Case?
There are two types of compensatory damages: economic and non-economic. Economic damages might cover medical expenses, funeral costs, loss of income (both current and future), and more.
Non-economic damages, on the other hand, account for emotional distress, pain, suffering, loss of companionship, guidance, and so forth. While calculating non-economic damages presents its own challenges, Belal and his team are devoted to maximizing potential compensation in every feasible manner.
Unfortunately, punitive damages are not covered under California's wrongful death statute. To pursue punitive damages, one must initiate a different lawsuit, known as a survival action, concurrently with the wrongful death claim.
When you consult with Belal, he’ll provide a clear perspective on what to expect from your lawsuit and how he can aid in your case. He will devise a strategy based on his prolific experience to help you in securing your rightful compensation.
How to Establish a Wrongful Death Case?
According to Californian law, a wrongful death occurs when a person's death results from the wrongdoings of another person. This can range from reckless, negligent to deliberate deeds. If the act is intentional, the accused may face criminal charges.
If you suspect that the unfortunate death of your loved one falls into this category, it is highly advisable to consult with Belal immediately.
In order to prove wrongful death, four distinct elements need to be established. The death of your loved one should be a direct result of the defendant's negligent or reckless behavior. It's crucial to remember here that the defendant does not need to bear complete responsibility for the death.
Further, it must be proven that the defendant owed a duty of care to the deceased, which was subsequently broken. For instance, a physician has an obligation to cure, a driver to abide by traffic laws.
Lastly, you must provide evidence that the defendant's actions directly led to your loved one's demise and that the death resulted in damages that require financial restitution.
Belal Hamideh will ardently represent you throughout this process to ensure you have the highest chance of securing justice for your loss.
The Path to Filing a Wrongful Death Claim in California
Deciphering the intricate details of wrongful death lawsuits in California is no easy task. The rules dictate that living spouses and offspring are eligible to take action. However, if there are no immediate family members or dependents, the parents of the deceased can step into this role. Other potential candidates could be different descendants or individuals who happened to be financially reliant on the deceased. These provisions should be understood in their simplest form, but their application could easily become a complex matter.
Establishing who can claim, the extent of the possible claim, and what the claim can entail are questions that often brew uncertainty. In tackling such confusion, a consultation with a lawyer who has a deep understanding of wrongful death laws can be a beacon of hope. This approach significantly amplifies the chances of the case unfolding as desired.
Post-Hiring: Making Payments to a Wrongful Death Lawyer
Instead of a standard payment model, we use a contingency fee basis for our services. This implies that our clients are exempt from upfront charges, or any form of pre-payment. In contrast, we receive a percentage of the settlement or the court's verdict. We regard this feature as an added layer of support for our clients during this emotionally draining phase.
This contingency means that if the case is lost, we won't receive any payment for our work. Rest assured, we triumph in 99% of our cases. As the insurance companies try to minimize your claim, we tirelessly work to get you the compensation you deserve.
Moreover, our association with medical professionals who function on a contingency basis makes your journey easier. If required, we can refer you to them and their fees will be deducted from your settlement.
The Role of a Wrongful Death Lawyer
When you engage our firm's services and sign up with Belal, he takes over virtually the entire case. This allows you to be free of the administrative burden.
From the moment we officially represent you, Belal and his proficient team dive into a thorough investigation of your loved one's unfortunate demise. The objective here is to unearth the truth, pinpoint the culprits, and create a persuasive case representing our client's interests.
It is not uncommon for multiple parties to share responsibility for the wrongful death. In such situations, we ensure that every party accountable is brought to justice.
For instance, consider an accident where your loved one slipped and fell on someone else's property. In this case, we will aggressively build a case against everyone involved, including the property owner, the maintenance team, or any person who was responsible for the safety condition.
We understand the emotional toll such incidents take on the family of the deceased. As such, we strive to be a reliable ally, offering guidance, regular updates, and unending support from inception to completion of the case.
Introducing Belal Hamideh: A Proficient Wrongful Death Lawyer in California
The sudden loss of a loved one as a result of another's actions can be incapacitating. Collaborating with a specialized wrongful death attorney, like Belal Hamideh, can help you tackle the plethora of issues that arise.
During your initial meetings with Belal, he will thoroughly review your case. His vast knowledge and aggressive approach ensure that you receive the maximum compensation for all your sufferings.
To schedule a no-charge case evaluation, reach out to us through our website or make a phone call.
Essential Legal Provisions for Hospital Negligence Claims
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure - CCP § 377.60 - Defining Eligible Claimants (Including Hospital Negligence):
This section clarifies who can file a wrongful death lawsuit, ensuring that families affected by hospital negligence have legal standing. It's the foundation for seeking justice in medical malpractice cases.
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 - Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial in hospital negligence cases.
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 - Awarding Just Damages (Including Medical Malpractice):
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages related to hospital negligence. It's about recognizing the full impact of medical malpractice.
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 - Limitations on Damages (Medical Context):
This section clarifies the types of damages recoverable, which is particularly important in cases involving hospital negligence and medical errors.
(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.
Hospital Negligence Laws
The sanctity of a hospital should never be compromised. When negligence leads to a wrongful death within its walls, it's not just a legal matter; it's a breach of trust. According to the Agency for Healthcare Research and Quality (AHRQ), preventable medical errors are the third leading cause of death in the United States. This sobering data underscores the critical need for accountability in healthcare settings.
To understand your rights in such situations, it's essential to consult reliable resources. The California Department of Public Health provides guidelines on patient rights and hospital responsibilities. This information, coupled with the expertise of a dedicated wrongful death attorney like Belal Hamideh, can empower you to seek justice.
Remember, pursuing a wrongful death claim against a hospital is not about attacking the institution; it's about advocating for patient safety and preventing future tragedies. Studies from the National Patient Safety Foundation highlight the importance of legal action in driving systemic change and improving healthcare standards.
If you've lost a loved one due to hospital negligence, don't let their passing be in vain. Belal Hamideh offers compassionate and aggressive representation, ensuring your voice is heard and your rights are protected. Schedule a free case evaluation today and take the first step toward seeking justice and promoting patient safety.
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.
[caption id="attachment_31795" align="alignnone" width="1000"] wrongful death lawyer[/caption]
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.
[caption id="attachment_29212" align="alignnone" width="1000"] wrongful death lawyer[/caption]
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.
[caption id="attachment_31795" align="alignnone" width="1000"] wrongful death lawyer[/caption]
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.
[caption id="attachment_29212" align="alignnone" width="1000"] wrongful death lawyer[/caption]
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.
In a wrongful death lawsuit, you are required to establish four crucial elements. These include showing that a duty of care existed, that this duty was violated by the defendant, this violation directly led to the unfortunate passing of your cherished one, and consequently, triggered damages. Hence, it's imperative to convincingly prove that the defendant had an obligation to behave responsibly but failed, ultimately causing your loved one's demise.
If you believe that you may have a wrongful death case, it’s worth it to schedule a free case evaluation with Belal Hamideh. An experienced wrongful death lawyer, he’ll go over your case and determine how exactly he can help.
Wrongful Death Lawyer to Take Your Side
Experiencing the loss of a beloved individual due to another's actions is undoubtedly one of life's most tragic events. Such losses are irrevocable and create a void that can never be filled. If your loved one's departure is a result of someone else's negligence or recklessness, you might have a valid claim for financial compensation. This is where the skills of a wrongful death attorney such as Belal Hamideh come into play in California, ensuring you obtain the rightful compensation you deserve.
Belal Hamideh brings a wealth of experience in dealing with such cases. His assertive representation strategy aims to secure you the maximum possible compensation for your loss. Such compensation could cover expenses such as funerals, medical bills, and pain & suffering, amongst others. More importantly, it provides a foundation for you to rebuild your life after the tragedy.
Belal provides a free review of your case, giving a clear picture of the value of your claim and outlining the ways he can support you during this difficult period.
Wrongful Death Case Potential Compensation
The compensation under wrongful death law falls into two categories: economic and non-economic damages. Economic damages cover the tangible financial impact of the loss and can include medical expenses, funeral costs, and loss of income, which includes potential earnings too.
On the other hand, non-economic damages cater to things like pain and suffering, as well as the loss of guidance and protection, amongst others. Even though quantifying non-economic damages might be complicated, we strive to secure the maximum possible compensation for our clients in all possible forms.
It's important to note that California's wrongful death law does not award punitive damages. If you wish to obtain them, a separate legal action should be pursued that coexists with the wrongful death claim, provided both arise from the same wrongful action.
During your consultation with Belal, he provides transparent insights into what you can expect and how he can assist you throughout the trial. He will also present a customized strategy tailored to your case, focusing on potential ways to secure rightful compensation.
What’s Wrongful Death and How Is It Proven?
California law defines wrongful death as a situation where one person's death is a direct result of another's wrongful conduct. This could be anything from negligence or recklessness to intentional actions. If you have even the slightest belief that your situation fits this definition, it is advisable to seek legal consultation.
There are four key elements to proving a wrongful death claim. Firstly, it should be demonstrated that your loved one's demise was directly linked to the defendant's negligence or recklessness—it's not necessary for the defendant to be solely accountable.
Secondly, you need to prove that the defendant had a duty towards the deceased and failed to uphold it. For instance, a doctor has the duty to provide medical care, a driver to adhere to traffic rules, and so on.
In addition, it needs to be established that the defendant's action directly led to your loved one's death. Lastly, you need to show that the death of your loved one resulted in damages that warrant compensation.
Belal Hamideh, with his assertive representation style, aims to provide you with the best chance of a successful claim in your time of need.
Who Can Lodge a Wrongful Death Lawsuit in California?
In the state of California, the survivors who can initiate a wrongful death lawsuit are the deceased's spouse and children. If the deceased had no dependents or immediate family, the parents can become claimants. Other descendants or financial dependents may also be eligible for compensation. However, this is a rough outline that can swiftly become complex, given the multiple nuances involved.
Interpreting the eligibility criteria for compensation, determining the extent of it, and understanding what can be claimed can be quite bewildering. This is where seeking the counsel of an attorney who holds substantial understanding and knowledge in wrongful death lawsuits becomes critical. It can better position your case for the desired outcome.
Compensation for a Wrongful Death Attorney, How Does It Work?
Our legal services are provided on the basis of a contingency fee. Clients are not mandated to provide any upfront payment, out of pocket expenses, or similar remittances. On the contrary, our fee is deducted from the settlement or winnings that you receive. This is our approach to support our clients through this taxing period of life.
Using this method, we are not entitled to payment for our services if the case is unsuccessful. However, we triumph in 99% of the cases we undertake. While insurance companies may strive to curtail your entitlement, we labor tirelessly to ensure that you get what is rightfully yours.
Moreover, we work in conjunction with healthcare professionals who operate on similar contingency grounds. If you require medical attention, we can refer you to them. Their fee will also be covered by your settlement.
What Does a Wrongful Death Attorney Do?
Once you associate with Belal, he takes over virtually every aspect of your case, sparing you the additional stress of handling it on your own.
For instance, from the moment we represent you, our proficient and adept team embarks on an extensive investigation into your loved one's wrongful death.
Belal and his team strive to uncover the truth of the incident, identify all liable parties, and devise a compelling case on behalf of our client.
It's feasible that multiple parties might be held accountable for the wrongful death, and our responsibility is to ensure that all liable parties are pursued through legal action.
For example, if your loved one passed away due to a fall on someone else's property, we devise a case against all parties involved. From the property owner to the person responsible for maintenance, from those for whom the conditions were their responsibility- these are just some of the parties that could be held accountable.
We understand the emotional weight that the loss of a loved one brings, especially under such circumstances. We remain a steadfast resource for our clients, offering guidance, updates, and support at every stage from inception to completion.
Wrongful Death Attorney in California, Belal Hamideh
The loss of a loved one due to someone else's negligence or actions is a devastating blow that no one is ever prepared for. Associating with an attorney who is well-versed with wrongful death cases can enable you to concentrate on dealing with your own emotions and circumstances.
When you consult with Belal, he will review your case thoroughly. His vast exposure allows him to advocate for you as assertively as possible, ensuring you receive maximum compensation for your trials and tribulations.
To schedule a free case evaluation, you can reach us through our website or give us a call.
Essential Legal Provisions for California Wrongful Death Claims
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure - CCP § 377.60: Defining Eligible Claimants
This provision outlines who can file a wrongful death lawsuit, ensuring that spouses, children, and dependents have the legal right to seek compensation. It's the basis for determining who can pursue justice. For the full text, visit the California Legislative Information website
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: Statute of Limitations
This section establishes the two-year time limit for filing a wrongful death claim. Adhering to this deadline is crucial for preserving your legal rights.
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: Awarding Just Damages
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages. It's about recognizing the full spectrum of losses.
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: Limitations on Damages
This provision clarifies the types of damages recoverable, distinguishing between wrongful death and survival actions. It's important to understand these distinctions.
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.
Seeking Justice and Healing
In the complex journey of pursuing a wrongful death claim, understanding your rights and the legal landscape is paramount. According to the California Department of Public Health (CDPH), the rate of deaths from accidents or unintentional injuries increased by about 30.7% between the previous three-year period and 2023. This data highlights the frequency of these tragic events and the necessity for legal recourse.
To navigate this terrain, it's essential to consult authoritative resources. The California Courts' website provides valuable insights into the procedural requirements for wrongful death claims. This resource, combined with the guidance of a seasoned attorney like Belal Hamideh, can significantly empower you to understand your rights and options.
Remember, pursuing a wrongful death claim is not merely about financial compensation; it's about seeking accountability and justice for your loved one. Studies published by the American Bar Association indicate that families who pursue legal action often experience a greater sense of closure and healing.
If you're facing the devastating loss of a loved one due to someone else's negligence, don't navigate this journey alone. Belal Hamideh provides compassionate and skilled representation, ensuring your voice is heard and your rights are protected. Schedule a free case evaluation today and take the first step toward finding clarity and justice.
If you believe that you may have a wrongful death case, it’s worth it to schedule a free case evaluation with Belal Hamideh. An experienced wrongful death lawyer, he’ll go over your case and determine how exactly he can help.
Wrongful Death Lawyer to Take Your Side
Experiencing the loss of a beloved individual due to another's actions is undoubtedly one of life's most tragic events. Such losses are irrevocable and create a void that can never be filled. If your loved one's departure is a result of someone else's negligence or recklessness, you might have a valid claim for financial compensation. This is where the skills of a wrongful death attorney such as Belal Hamideh come into play in California, ensuring you obtain the rightful compensation you deserve.
Belal Hamideh brings a wealth of experience in dealing with such cases. His assertive representation strategy aims to secure you the maximum possible compensation for your loss. Such compensation could cover expenses such as funerals, medical bills, and pain & suffering, amongst others. More importantly, it provides a foundation for you to rebuild your life after the tragedy.
Belal provides a free review of your case, giving a clear picture of the value of your claim and outlining the ways he can support you during this difficult period.
Wrongful Death Case Potential Compensation
The compensation under wrongful death law falls into two categories: economic and non-economic damages. Economic damages cover the tangible financial impact of the loss and can include medical expenses, funeral costs, and loss of income, which includes potential earnings too.
On the other hand, non-economic damages cater to things like pain and suffering, as well as the loss of guidance and protection, amongst others. Even though quantifying non-economic damages might be complicated, we strive to secure the maximum possible compensation for our clients in all possible forms.
It's important to note that California's wrongful death law does not award punitive damages. If you wish to obtain them, a separate legal action should be pursued that coexists with the wrongful death claim, provided both arise from the same wrongful action.
During your consultation with Belal, he provides transparent insights into what you can expect and how he can assist you throughout the trial. He will also present a customized strategy tailored to your case, focusing on potential ways to secure rightful compensation.
What’s Wrongful Death and How Is It Proven?
California law defines wrongful death as a situation where one person's death is a direct result of another's wrongful conduct. This could be anything from negligence or recklessness to intentional actions. If you have even the slightest belief that your situation fits this definition, it is advisable to seek legal consultation.
There are four key elements to proving a wrongful death claim. Firstly, it should be demonstrated that your loved one's demise was directly linked to the defendant's negligence or recklessness—it's not necessary for the defendant to be solely accountable.
Secondly, you need to prove that the defendant had a duty towards the deceased and failed to uphold it. For instance, a doctor has the duty to provide medical care, a driver to adhere to traffic rules, and so on.
In addition, it needs to be established that the defendant's action directly led to your loved one's death. Lastly, you need to show that the death of your loved one resulted in damages that warrant compensation.
Belal Hamideh, with his assertive representation style, aims to provide you with the best chance of a successful claim in your time of need.
Who Can Lodge a Wrongful Death Lawsuit in California?
In the state of California, the survivors who can initiate a wrongful death lawsuit are the deceased's spouse and children. If the deceased had no dependents or immediate family, the parents can become claimants. Other descendants or financial dependents may also be eligible for compensation. However, this is a rough outline that can swiftly become complex, given the multiple nuances involved.
Interpreting the eligibility criteria for compensation, determining the extent of it, and understanding what can be claimed can be quite bewildering. This is where seeking the counsel of an attorney who holds substantial understanding and knowledge in wrongful death lawsuits becomes critical. It can better position your case for the desired outcome.
Compensation for a Wrongful Death Attorney, How Does It Work?
Our legal services are provided on the basis of a contingency fee. Clients are not mandated to provide any upfront payment, out of pocket expenses, or similar remittances. On the contrary, our fee is deducted from the settlement or winnings that you receive. This is our approach to support our clients through this taxing period of life.
Using this method, we are not entitled to payment for our services if the case is unsuccessful. However, we triumph in 99% of the cases we undertake. While insurance companies may strive to curtail your entitlement, we labor tirelessly to ensure that you get what is rightfully yours.
Moreover, we work in conjunction with healthcare professionals who operate on similar contingency grounds. If you require medical attention, we can refer you to them. Their fee will also be covered by your settlement.
What Does a Wrongful Death Attorney Do?
Once you associate with Belal, he takes over virtually every aspect of your case, sparing you the additional stress of handling it on your own.
For instance, from the moment we represent you, our proficient and adept team embarks on an extensive investigation into your loved one's wrongful death.
Belal and his team strive to uncover the truth of the incident, identify all liable parties, and devise a compelling case on behalf of our client.
It's feasible that multiple parties might be held accountable for the wrongful death, and our responsibility is to ensure that all liable parties are pursued through legal action.
For example, if your loved one passed away due to a fall on someone else's property, we devise a case against all parties involved. From the property owner to the person responsible for maintenance, from those for whom the conditions were their responsibility- these are just some of the parties that could be held accountable.
We understand the emotional weight that the loss of a loved one brings, especially under such circumstances. We remain a steadfast resource for our clients, offering guidance, updates, and support at every stage from inception to completion.
Wrongful Death Attorney in California, Belal Hamideh
The loss of a loved one due to someone else's negligence or actions is a devastating blow that no one is ever prepared for. Associating with an attorney who is well-versed with wrongful death cases can enable you to concentrate on dealing with your own emotions and circumstances.
When you consult with Belal, he will review your case thoroughly. His vast exposure allows him to advocate for you as assertively as possible, ensuring you receive maximum compensation for your trials and tribulations.
To schedule a free case evaluation, you can reach us through our website or give us a call.
Essential Legal Provisions for California Wrongful Death Claims
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure - CCP § 377.60: Defining Eligible Claimants
This provision outlines who can file a wrongful death lawsuit, ensuring that spouses, children, and dependents have the legal right to seek compensation. It's the basis for determining who can pursue justice. For the full text, visit the California Legislative Information website
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: Statute of Limitations
This section establishes the two-year time limit for filing a wrongful death claim. Adhering to this deadline is crucial for preserving your legal rights.
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: Awarding Just Damages
This code guides courts in determining 'just' compensation, encompassing both economic and non-economic damages. It's about recognizing the full spectrum of losses.
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: Limitations on Damages
This provision clarifies the types of damages recoverable, distinguishing between wrongful death and survival actions. It's important to understand these distinctions.
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.
Seeking Justice and Healing
In the complex journey of pursuing a wrongful death claim, understanding your rights and the legal landscape is paramount. According to the California Department of Public Health (CDPH), the rate of deaths from accidents or unintentional injuries increased by about 30.7% between the previous three-year period and 2023. This data highlights the frequency of these tragic events and the necessity for legal recourse.
To navigate this terrain, it's essential to consult authoritative resources. The California Courts' website provides valuable insights into the procedural requirements for wrongful death claims. This resource, combined with the guidance of a seasoned attorney like Belal Hamideh, can significantly empower you to understand your rights and options.
Remember, pursuing a wrongful death claim is not merely about financial compensation; it's about seeking accountability and justice for your loved one. Studies published by the American Bar Association indicate that families who pursue legal action often experience a greater sense of closure and healing.
If you're facing the devastating loss of a loved one due to someone else's negligence, don't navigate this journey alone. Belal Hamideh provides compassionate and skilled representation, ensuring your voice is heard and your rights are protected. Schedule a free case evaluation today and take the first step toward finding clarity and justice.
Wrongful death is a civil matter. In California, this type of case does not provide the possibility for punitive damages. Despite this, an avenue does exist for those seeking such damages - the route of filing for a survival action. This alternative could potentially enable you to reclaim what you believe rightfully belongs to you.
Should you have more questions, contact wrongful death lawyer Belal Hamideh. During a free case evaluation, he’ll sit down with you and go over how he can help.
A Wrongful Death Lawyer on Your Side
Have you experienced the heart-wrenching loss of a cherished individual due to another's actions? In life, there are individuals who hold irreplaceable spaces in our hearts and their loss leaves a void nothing else can fill. If their departure from your life can be traced back to someone's negligence, recklessness, or intentional actions, you may be eligible for financial recompense. Belal Hamideh, a proficient wrongful death attorney based in California, can provide the necessary guidance and support in securing this just compensation.
Belal Hamideh leverages his vast background to deliver aggressive representation, ensuring you obtain the maximum possible restitution for your loss. This restitution can assist in offsetting costs such as funeral expenses, accumulated medical bills, emotional trauma, and more, essentially paving a path towards a secure future.
Belal provides complimentary case evaluations, allowing him to ascertain the worth of your claim and share how he can aid you during this difficult period.
What Compensation Can Be Expected in a Wrongful Death Case?
The compensation you may receive can be categorized into economic and non-economic damages. Economic damages encompass medical and funeral expenses, loss of income, potential future earnings, and more.
On the other hand, non-economic damages cater to emotional distress such as pain and suffering, loss of guidance, protection, and so on. Quantifying non-economic damages can be challenging, but we are dedicated to maximizing all feasible forms of compensation for our clients.
Punitive damages fall outside the scope of California's wrongful death law. If you wish to pursue such damages, a survival cause of action needs to be filed concurrently with the wrongful death claim if both originate from the same wrongful act.
On consulting with Belal, he will elucidate what to expect from your case and how he can assist you throughout. He will also craft a strategy based on his wide-ranging experience to ease your path to compensation.
What Constitutes a Wrongful Death and How Can It Be Proven?
As per California law, a wrongful death is the demise of a person due to the wrongful act of another, which can range from recklessness and negligence to intentional misconduct. If the act was intentional, it could potentially be subject to criminal prosecution.
If you suspect that your situation may qualify for a wrongful death lawsuit, it is advisable to consult a practiced attorney to dispel any uncertainties concerning your eligibility to file such a case.
Proving wrongful death demands the substantiation of four specific elements. Firstly, it must be established that your loved one's death resulted from the defendant's negligence, recklessness, or carelessness. It is crucial to note that the defendant does not need to bear full liability for your loved one's death.
Secondly, you must prove that the defendant owed a certain duty to your loved one and failed to fulfill it. This could be a physician's obligation to provide care, a driver's duty to adhere to traffic rules, and so forth.
Thirdly, it must be shown that the defendant's actions directly culminated in your loved one’s death.
Lastly, it must be demonstrated that your loved one's death resulted in damages that merit compensation.
Belal will provide staunch representation, optimizing your chances of a successful outcome.
Understanding Who can File a Wrongful Death Lawsuit in California
California law dictates that the right to file a wrongful death claim rests primarily with the immediate family of the deceased, including spouses and children. However, the process doesn't stop there. In absence of a spouse or children, parents can step forward as beneficiaries. Further down the line, other direct descendants or even financially dependent individuals might be eligible to stake a claim.
This broad sketch of the law makes the entire situation complex, potentially leading to a labyrinth of confusion and uncertainty. Navigating these intricacies with an attorney who has a solid foundation and past success in wrongful death cases can ease the path to the results you desire.
Contingency Payment
The hallmark of our service is the unique, contingency-based fee structure. We put our clients’ needs first by eliminating the pressure of upfront payments or recurring installments. Instead, our remuneration is a portion of your final settlement or winnings.
This payment approach aligns our goals with yours - to maximize your legal reward. It is a testament to our confidence in our ability to secure successful outcomes, as we don’t get paid if we don’t win the case. Our track record of a 99% success rate underpins this confidence.
We go a step further by partnering with medical professionals operating on a similar basis. Should you require medical care, we can connect you and their fee will also be deducted from your winnings.
Role of a Wrongful Death Attorney: Mitigating Your Burden
Belal Hamideh, our principal attorney, steps in to shoulder your legal trouble so you can focus on healing and moving forward. As soon as we take on your case, we dive into an in-depth investigation to uncover the truth about your loved one's untimely death.
Belal, and his proficient team, meticulously unearth all responsible parties and build a persuasive case on your behalf. Our rigorous process may uncover multiple liable parties, all of whom we ensure are held accountable through legal proceedings.
We go beyond the legal process- we pride ourselves in being a pillar of support for our clients during their grief. We guide you through the legal journey. You can rest assured that we will keep you updated and emotionally supported throughout the ordeal.
Belal Hamideh: Wrongful Death Attorney in California
The pain of losing a loved one is immeasurable and dealing with a legal case amidst such pain can be overwhelming. Engaging with a wrongful death attorney like Belal can help you navigate these challenging times.
Belal employs his extensive legal knowledge to fight for your rights and ensure you receive the compensation you deserve. He is well-known for his aggressive advocacy and his commitment to achieve maximum compensation for his clients.
To know more about how we can help you, or schedule a free case review, get in touch with us via our website or through a phone call.
Navigating California's Legal Framework for Wrongful Death
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure - CCP § 377.60
This code section establishes who can file a wrongful death lawsuit, ensuring that those most directly impacted – spouses, children, and dependents – have legal standing. It's the cornerstone of ensuring access to justice for grieving families. You can review the specifics on the California legislative information website here
CCP § 377.60: Defining the Right to File:
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
This section sets the two-year deadline for filing a wrongful death claim. Understanding this time limit is crucial, as it dictates the window for legal action.
CCP § 335.1: The 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.
California Code, Code of Civil Procedure - CCP § 377.61
This code outlines how courts determine 'just' compensation in wrongful death cases, recognizing both economic and non-economic losses. It's about acknowledging the full impact of the loss.
CCP § 377.61: Determining 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.
California Code, Code of Civil Procedure - CCP § 377.34
This section clarifies the types of damages recoverable in a survival action versus a wrongful death claim, specifically addressing punitive damages and pre-death losses. It is important to comprehend the differences between these actions.
CCP § 377.34: Limitations on Recoverable 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.
In the face of loss, taking action may seem daunting
The journey through a wrongful death claim is not just a legal process; it's a profound act of seeking justice and closure.
For this reason, understanding the intricacies of California's legal landscape is crucial. As detailed in the California Courts' Self-Help Guide on Wrongful Death, the rights of surviving family members are clearly defined. This resource, alongside the guidance of an experienced attorney, can empower you to navigate this complex terrain.
Remember that pursuing a wrongful death claim is not about replacing a loved one; it’s about holding those responsible accountable and securing the financial stability needed to rebuild. Belal Hamideh offers not just legal representation, but a compassionate partnership, guiding you toward a future where justice and healing can coexist. Don’t let uncertainty compound your grief. Reach out for a free consultation and take the first step toward reclaiming your peace of mind.
Should you have more questions, contact wrongful death lawyer Belal Hamideh. During a free case evaluation, he’ll sit down with you and go over how he can help.
A Wrongful Death Lawyer on Your Side
Have you experienced the heart-wrenching loss of a cherished individual due to another's actions? In life, there are individuals who hold irreplaceable spaces in our hearts and their loss leaves a void nothing else can fill. If their departure from your life can be traced back to someone's negligence, recklessness, or intentional actions, you may be eligible for financial recompense. Belal Hamideh, a proficient wrongful death attorney based in California, can provide the necessary guidance and support in securing this just compensation.
Belal Hamideh leverages his vast background to deliver aggressive representation, ensuring you obtain the maximum possible restitution for your loss. This restitution can assist in offsetting costs such as funeral expenses, accumulated medical bills, emotional trauma, and more, essentially paving a path towards a secure future.
Belal provides complimentary case evaluations, allowing him to ascertain the worth of your claim and share how he can aid you during this difficult period.
What Compensation Can Be Expected in a Wrongful Death Case?
The compensation you may receive can be categorized into economic and non-economic damages. Economic damages encompass medical and funeral expenses, loss of income, potential future earnings, and more.
On the other hand, non-economic damages cater to emotional distress such as pain and suffering, loss of guidance, protection, and so on. Quantifying non-economic damages can be challenging, but we are dedicated to maximizing all feasible forms of compensation for our clients.
Punitive damages fall outside the scope of California's wrongful death law. If you wish to pursue such damages, a survival cause of action needs to be filed concurrently with the wrongful death claim if both originate from the same wrongful act.
On consulting with Belal, he will elucidate what to expect from your case and how he can assist you throughout. He will also craft a strategy based on his wide-ranging experience to ease your path to compensation.
What Constitutes a Wrongful Death and How Can It Be Proven?
As per California law, a wrongful death is the demise of a person due to the wrongful act of another, which can range from recklessness and negligence to intentional misconduct. If the act was intentional, it could potentially be subject to criminal prosecution.
If you suspect that your situation may qualify for a wrongful death lawsuit, it is advisable to consult a practiced attorney to dispel any uncertainties concerning your eligibility to file such a case.
Proving wrongful death demands the substantiation of four specific elements. Firstly, it must be established that your loved one's death resulted from the defendant's negligence, recklessness, or carelessness. It is crucial to note that the defendant does not need to bear full liability for your loved one's death.
Secondly, you must prove that the defendant owed a certain duty to your loved one and failed to fulfill it. This could be a physician's obligation to provide care, a driver's duty to adhere to traffic rules, and so forth.
Thirdly, it must be shown that the defendant's actions directly culminated in your loved one’s death.
Lastly, it must be demonstrated that your loved one's death resulted in damages that merit compensation.
Belal will provide staunch representation, optimizing your chances of a successful outcome.
Understanding Who can File a Wrongful Death Lawsuit in California
California law dictates that the right to file a wrongful death claim rests primarily with the immediate family of the deceased, including spouses and children. However, the process doesn't stop there. In absence of a spouse or children, parents can step forward as beneficiaries. Further down the line, other direct descendants or even financially dependent individuals might be eligible to stake a claim.
This broad sketch of the law makes the entire situation complex, potentially leading to a labyrinth of confusion and uncertainty. Navigating these intricacies with an attorney who has a solid foundation and past success in wrongful death cases can ease the path to the results you desire.
Contingency Payment
The hallmark of our service is the unique, contingency-based fee structure. We put our clients’ needs first by eliminating the pressure of upfront payments or recurring installments. Instead, our remuneration is a portion of your final settlement or winnings.
This payment approach aligns our goals with yours - to maximize your legal reward. It is a testament to our confidence in our ability to secure successful outcomes, as we don’t get paid if we don’t win the case. Our track record of a 99% success rate underpins this confidence.
We go a step further by partnering with medical professionals operating on a similar basis. Should you require medical care, we can connect you and their fee will also be deducted from your winnings.
Role of a Wrongful Death Attorney: Mitigating Your Burden
Belal Hamideh, our principal attorney, steps in to shoulder your legal trouble so you can focus on healing and moving forward. As soon as we take on your case, we dive into an in-depth investigation to uncover the truth about your loved one's untimely death.
Belal, and his proficient team, meticulously unearth all responsible parties and build a persuasive case on your behalf. Our rigorous process may uncover multiple liable parties, all of whom we ensure are held accountable through legal proceedings.
We go beyond the legal process- we pride ourselves in being a pillar of support for our clients during their grief. We guide you through the legal journey. You can rest assured that we will keep you updated and emotionally supported throughout the ordeal.
Belal Hamideh: Wrongful Death Attorney in California
The pain of losing a loved one is immeasurable and dealing with a legal case amidst such pain can be overwhelming. Engaging with a wrongful death attorney like Belal can help you navigate these challenging times.
Belal employs his extensive legal knowledge to fight for your rights and ensure you receive the compensation you deserve. He is well-known for his aggressive advocacy and his commitment to achieve maximum compensation for his clients.
To know more about how we can help you, or schedule a free case review, get in touch with us via our website or through a phone call.
Navigating California's Legal Framework for Wrongful Death
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure - CCP § 377.60
This code section establishes who can file a wrongful death lawsuit, ensuring that those most directly impacted – spouses, children, and dependents – have legal standing. It's the cornerstone of ensuring access to justice for grieving families. You can review the specifics on the California legislative information website here
CCP § 377.60: Defining the Right to File:
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
This section sets the two-year deadline for filing a wrongful death claim. Understanding this time limit is crucial, as it dictates the window for legal action.
CCP § 335.1: The 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.
California Code, Code of Civil Procedure - CCP § 377.61
This code outlines how courts determine 'just' compensation in wrongful death cases, recognizing both economic and non-economic losses. It's about acknowledging the full impact of the loss.
CCP § 377.61: Determining 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.
California Code, Code of Civil Procedure - CCP § 377.34
This section clarifies the types of damages recoverable in a survival action versus a wrongful death claim, specifically addressing punitive damages and pre-death losses. It is important to comprehend the differences between these actions.
CCP § 377.34: Limitations on Recoverable 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.
In the face of loss, taking action may seem daunting
The journey through a wrongful death claim is not just a legal process; it's a profound act of seeking justice and closure.
For this reason, understanding the intricacies of California's legal landscape is crucial. As detailed in the California Courts' Self-Help Guide on Wrongful Death, the rights of surviving family members are clearly defined. This resource, alongside the guidance of an experienced attorney, can empower you to navigate this complex terrain.
Remember that pursuing a wrongful death claim is not about replacing a loved one; it’s about holding those responsible accountable and securing the financial stability needed to rebuild. Belal Hamideh offers not just legal representation, but a compassionate partnership, guiding you toward a future where justice and healing can coexist. Don’t let uncertainty compound your grief. Reach out for a free consultation and take the first step toward reclaiming your peace of mind.
The procedures for determining compensation in a wrongful death case are multifaceted, encompassing various factors. These could include the age of the individual who has tragically passed away, as well as their income. Every case varies in its circumstances and context, although typically higher settlements are associated with those victims who are younger.
[caption id="attachment_31796" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Regardless of the age of your loved one, if their passing was brought about as a result of irresponsible and/ or reckless actions of another party, there could be a potentially viable case. It would be of immense value to consult with Belal Hamideh, an experienced wrongful death attorney, for an evaluation of your case free of any charges.
A Wrongful Death Lawyer With Experience
The loss of a beloved individual due to the carelessness or reckless behavior of someone else is a profoundly distressing event. The person lost signifies a unique, irreplaceable aspect of our existence that leaves a void which can never truly be filled. In such moments of adversities, however, there might be an entitlement to financial aid. Belal Hamideh, a trustworthy attorney with a profound understanding of wrongful death cases in California, can guide you in the process of availing this support.
Belal's substantial knowledge and understanding of the field empower him to act as a robust advocate on your behalf, arguing fervently to secure the maximum possible financial restitution for your loss. This financial assistance can provide financial relief for various expenses, including funeral costs, medical bills, and emotional distress. This could lay the foundations for the rebuilding of your future.
[caption id="attachment_29212" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Belal offers free case evaluations. During these assessments, he provides an approximation of the potential worth of your claim and outlines how he can aid you during these troublesome times.
Compensation for Wrongful Death
So, what does a wrongful death settlement include? It can encompass both economic and non-economic compensation. Economic compensation covers tangible expenses such as funeral costs, medical bills, lost earnings, among others. Non-economic compensation pertains to intangible damages such as emotional distress, loss of guidance, and more. Despite the challenges of quantifying these non-economic damages, we promise to work relentlessly to secure the maximum feasible compensation for our clients in all potentially viable areas.
It's crucial to bear in mind that under the legal guidelines of California, punitive damages are not included in wrongful death claims. If you wish to pursue such damages, it would be necessary to initiate a survival cause of action alongside your wrongful death claim, provided both claims are linked to the same wrongful act.
During your consultation with Belal, he will provide clarity on what to anticipate from your case and how he can support you in navigating through it. His strategy will be designed based on his vast understanding and experience to assist you in securing your rightful restitution.
So, what is the definition of wrongful death according to California law, and how can it be substantiated? Wrongful death is the undesirable result when someone loses their life due to the inappropriate actions of another, which could vary from irresponsible and reckless behavior to intentional acts. If the act was intentional, there might also be corresponding criminal prosecution charges.
If you think this definition might apply to your situation, you could potentially have a valid wrongful death lawsuit. It is strongly advised to seek consultation from a lawyer knowledgeable in the field to clear any doubts about your eligibility to file such a claim.
What Has to Be Proven in Wrongful Death
In the instance of a wrongful death claim, there are four pivotal elements that need to be established. First and foremost, it must be proven that the defendant acted negligently or recklessly, and these actions significantly contributed to your loved one's passing. Secondly, it must be highlighted that the defendant had a duty of care towards your loved one, a duty they failed to uphold. Additionally, the direct correlation between the defendant's actions and the premature death of your loved one need to be unarguably proven. Lastly, it must clearly be demonstrated that the death brought about damages that warrant compensation.
Belal provides unwavering representation for your interests, to increase the chances of a positive outcome as much as possible. His relentless advocacy could provide you the push you need to get through this distressing time.
Identification of Who Can File a Wrongful Death Lawsuit in California
Determining who can file a wrongful death lawsuit in California involves specific guidelines. California law typically designates the surviving spouse or children of the deceased as the primary filers. If there are no immediate family members or dependents, the deceased's parents may be entitled to benefit from the claim. In certain situations, a broader group of descendants or even financial dependents may be deemed eligible to seek compensation. However, the seemingly wide scope of these eligibility parameters should not be misinterpreted as simplicity; the process can quickly escalate in complexity.
Decoding who is entitled to what kind of compensation can be an intricate task. Seeking consultation from an attorney, well versed in wrongful death cases, can significantly enhance the likelihood of the case outcome aligning with your preferences.
Determining the Legal Fee for a Wrongful Death Lawyer
Our services are provided on a contingency fee basis, meaning that our clients are not required to make advanced payments, or carry any financial burden. Alternatively, our fee is taken from either the final agreed settlement or the wins attributed to our clients. We perceive this as another way of offering support to our clients during this challenging phase in their life.
We wish to highlight that, should we not win the case, no payment is expected from our clients for our services. However, please be assured, our success rate is a commendable 99%. No matter the attempts made by insurance companies to limit your award, our commitment is to ensure that you receive what is rightfully yours.
Partnering with this, we collaborate with an assortment of medical professionals who, like us, operate on a contingency basis. We provide referrals for necessary medical care, costs of which are deducted from your settlement.
The Role of a Wrongful Death Lawyer
By engaging Belal's services, he takes on the responsibility for nearly every aspect of your case, lifting that weight from your shoulders.
From the outset of our representation, our adept team commences a comprehensive investigation into every aspect of your loved one’s wrongful death. Belal, along with his team, unravels the facts, identifies all parties liable, and constructs a compelling case to vehemently defend our client's interests.
There may be instances where the responsibility for the wrongful death is shared by multiple parties. Our commitment guarantees that all the liable parties are pursued through legal action. For instance, if the unfortunate incident occurred due to a slip and fall accident on someone else’s property, we will construct an unshakeable case against all parties involved. This may include the property owner, the entity responsible for maintenance, or anyone who had the obligation to ensure safety.
Understanding the emotional upheaval that accompanies the loss of a loved one under such tragic circumstances, we aim to provide consistent support. Providing guidance, regular updates, and a compassionate presence from the start to finish for our clients.
A Wrongful Death Lawyer in California Who Can Help
Experiencing the tragic loss of a loved one due to someone else's negligence is emotionally shattering, leaving you in a state where nothing seems to comfort your despair. In such complex times, the support and guidance of a legal professional specialized in wrongful death cases become indispensable. This is where Belal Hamideh comes into play, offering you the unwavering focus and aid that you need to sail through the multitude of legal matters that require attention.
From the moment you first consult with Belal, he absorbs every detail of your case, ensuring nothing slips through the cracks. With extensive knowledge and skills under his belt, Belal becomes your staunchest ally, tenaciously striving to secure the maximum compensation that your loss and suffering warrant.
Making an appointment for a no-obligation case evaluation is a seamless process. Either reach out to us through our virtual platform or make a phone call and we will be at your service.
Legal Cornerstones of California Wrongful Death Claims
Understanding these laws can aid you in your situation. For any additional inquiries, get in touch with Belal, who will provide comprehensive answers to assure your understanding.
These laws may pertain to your situation. If you have further questions, contact Belal.
CCP § 377.60: Defining Who Can Seek Justice:
This statute clarifies who has the right to file a wrongful death lawsuit, ensuring that those most directly affected – spouses, children, and dependents – have a legal avenue for recourse. It's the foundation for ensuring justice is accessible to those who need it most.
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.
CCP § 335.1: The Timeframe for Action:
This section sets the two-year statute of limitations, reminding us that while grief takes time, legal action requires timely pursuit. It's a critical deadline to be aware of.
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.
CCP § 377.61: Securing Just Compensation:
This guides the courts in determining 'just' damages, acknowledging that compensation extends beyond financial losses to encompass the profound impact of losing a loved one. It's about recognizing the true cost of loss.
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.
CCP § 377.34: Understanding Limitations on Damages:
This code helps to define what damages can and cannot be recovered, distinguishing between those damages the deceased sustained before death, and those damages the living sustained due to the loss of the deceased. It is important to know the difference between a survival action and a wrongful death 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.
Beyond the Law
Navigating the aftermath of a wrongful death is akin to traversing a landscape forever altered. While the legal framework, as outlined in California's statutes, provides a pathway to justice, it's the human element – the understanding, the advocacy, the unwavering support – that truly makes a difference. Belal Hamideh, beyond his legal expertise, offers a beacon of hope in these darkest of times. He doesn't just represent you; he stands with you, ensuring your voice is heard and your loss is acknowledged with the gravity it deserves.
If you're facing this unimaginable challenge, remember that seeking clarity and support is not a sign of weakness, but a testament to your strength. Reach out, and let Belal help you find a path forward, not just through the law, but through the healing process itself.
[caption id="attachment_31796" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Regardless of the age of your loved one, if their passing was brought about as a result of irresponsible and/ or reckless actions of another party, there could be a potentially viable case. It would be of immense value to consult with Belal Hamideh, an experienced wrongful death attorney, for an evaluation of your case free of any charges.
A Wrongful Death Lawyer With Experience
The loss of a beloved individual due to the carelessness or reckless behavior of someone else is a profoundly distressing event. The person lost signifies a unique, irreplaceable aspect of our existence that leaves a void which can never truly be filled. In such moments of adversities, however, there might be an entitlement to financial aid. Belal Hamideh, a trustworthy attorney with a profound understanding of wrongful death cases in California, can guide you in the process of availing this support.
Belal's substantial knowledge and understanding of the field empower him to act as a robust advocate on your behalf, arguing fervently to secure the maximum possible financial restitution for your loss. This financial assistance can provide financial relief for various expenses, including funeral costs, medical bills, and emotional distress. This could lay the foundations for the rebuilding of your future.
[caption id="attachment_29212" align="alignnone" width="1000"] wrongful death lawyer[/caption]
Belal offers free case evaluations. During these assessments, he provides an approximation of the potential worth of your claim and outlines how he can aid you during these troublesome times.
Compensation for Wrongful Death
So, what does a wrongful death settlement include? It can encompass both economic and non-economic compensation. Economic compensation covers tangible expenses such as funeral costs, medical bills, lost earnings, among others. Non-economic compensation pertains to intangible damages such as emotional distress, loss of guidance, and more. Despite the challenges of quantifying these non-economic damages, we promise to work relentlessly to secure the maximum feasible compensation for our clients in all potentially viable areas.
It's crucial to bear in mind that under the legal guidelines of California, punitive damages are not included in wrongful death claims. If you wish to pursue such damages, it would be necessary to initiate a survival cause of action alongside your wrongful death claim, provided both claims are linked to the same wrongful act.
During your consultation with Belal, he will provide clarity on what to anticipate from your case and how he can support you in navigating through it. His strategy will be designed based on his vast understanding and experience to assist you in securing your rightful restitution.
So, what is the definition of wrongful death according to California law, and how can it be substantiated? Wrongful death is the undesirable result when someone loses their life due to the inappropriate actions of another, which could vary from irresponsible and reckless behavior to intentional acts. If the act was intentional, there might also be corresponding criminal prosecution charges.
If you think this definition might apply to your situation, you could potentially have a valid wrongful death lawsuit. It is strongly advised to seek consultation from a lawyer knowledgeable in the field to clear any doubts about your eligibility to file such a claim.
What Has to Be Proven in Wrongful Death
In the instance of a wrongful death claim, there are four pivotal elements that need to be established. First and foremost, it must be proven that the defendant acted negligently or recklessly, and these actions significantly contributed to your loved one's passing. Secondly, it must be highlighted that the defendant had a duty of care towards your loved one, a duty they failed to uphold. Additionally, the direct correlation between the defendant's actions and the premature death of your loved one need to be unarguably proven. Lastly, it must clearly be demonstrated that the death brought about damages that warrant compensation.
Belal provides unwavering representation for your interests, to increase the chances of a positive outcome as much as possible. His relentless advocacy could provide you the push you need to get through this distressing time.
Identification of Who Can File a Wrongful Death Lawsuit in California
Determining who can file a wrongful death lawsuit in California involves specific guidelines. California law typically designates the surviving spouse or children of the deceased as the primary filers. If there are no immediate family members or dependents, the deceased's parents may be entitled to benefit from the claim. In certain situations, a broader group of descendants or even financial dependents may be deemed eligible to seek compensation. However, the seemingly wide scope of these eligibility parameters should not be misinterpreted as simplicity; the process can quickly escalate in complexity.
Decoding who is entitled to what kind of compensation can be an intricate task. Seeking consultation from an attorney, well versed in wrongful death cases, can significantly enhance the likelihood of the case outcome aligning with your preferences.
Determining the Legal Fee for a Wrongful Death Lawyer
Our services are provided on a contingency fee basis, meaning that our clients are not required to make advanced payments, or carry any financial burden. Alternatively, our fee is taken from either the final agreed settlement or the wins attributed to our clients. We perceive this as another way of offering support to our clients during this challenging phase in their life.
We wish to highlight that, should we not win the case, no payment is expected from our clients for our services. However, please be assured, our success rate is a commendable 99%. No matter the attempts made by insurance companies to limit your award, our commitment is to ensure that you receive what is rightfully yours.
Partnering with this, we collaborate with an assortment of medical professionals who, like us, operate on a contingency basis. We provide referrals for necessary medical care, costs of which are deducted from your settlement.
The Role of a Wrongful Death Lawyer
By engaging Belal's services, he takes on the responsibility for nearly every aspect of your case, lifting that weight from your shoulders.
From the outset of our representation, our adept team commences a comprehensive investigation into every aspect of your loved one’s wrongful death. Belal, along with his team, unravels the facts, identifies all parties liable, and constructs a compelling case to vehemently defend our client's interests.
There may be instances where the responsibility for the wrongful death is shared by multiple parties. Our commitment guarantees that all the liable parties are pursued through legal action. For instance, if the unfortunate incident occurred due to a slip and fall accident on someone else’s property, we will construct an unshakeable case against all parties involved. This may include the property owner, the entity responsible for maintenance, or anyone who had the obligation to ensure safety.
Understanding the emotional upheaval that accompanies the loss of a loved one under such tragic circumstances, we aim to provide consistent support. Providing guidance, regular updates, and a compassionate presence from the start to finish for our clients.
A Wrongful Death Lawyer in California Who Can Help
Experiencing the tragic loss of a loved one due to someone else's negligence is emotionally shattering, leaving you in a state where nothing seems to comfort your despair. In such complex times, the support and guidance of a legal professional specialized in wrongful death cases become indispensable. This is where Belal Hamideh comes into play, offering you the unwavering focus and aid that you need to sail through the multitude of legal matters that require attention.
From the moment you first consult with Belal, he absorbs every detail of your case, ensuring nothing slips through the cracks. With extensive knowledge and skills under his belt, Belal becomes your staunchest ally, tenaciously striving to secure the maximum compensation that your loss and suffering warrant.
Making an appointment for a no-obligation case evaluation is a seamless process. Either reach out to us through our virtual platform or make a phone call and we will be at your service.
Legal Cornerstones of California Wrongful Death Claims
Understanding these laws can aid you in your situation. For any additional inquiries, get in touch with Belal, who will provide comprehensive answers to assure your understanding.
These laws may pertain to your situation. If you have further questions, contact Belal.
CCP § 377.60: Defining Who Can Seek Justice:
This statute clarifies who has the right to file a wrongful death lawsuit, ensuring that those most directly affected – spouses, children, and dependents – have a legal avenue for recourse. It's the foundation for ensuring justice is accessible to those who need it most.
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.
CCP § 335.1: The Timeframe for Action:
This section sets the two-year statute of limitations, reminding us that while grief takes time, legal action requires timely pursuit. It's a critical deadline to be aware of.
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.
CCP § 377.61: Securing Just Compensation:
This guides the courts in determining 'just' damages, acknowledging that compensation extends beyond financial losses to encompass the profound impact of losing a loved one. It's about recognizing the true cost of loss.
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.
CCP § 377.34: Understanding Limitations on Damages:
This code helps to define what damages can and cannot be recovered, distinguishing between those damages the deceased sustained before death, and those damages the living sustained due to the loss of the deceased. It is important to know the difference between a survival action and a wrongful death 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.
Beyond the Law
Navigating the aftermath of a wrongful death is akin to traversing a landscape forever altered. While the legal framework, as outlined in California's statutes, provides a pathway to justice, it's the human element – the understanding, the advocacy, the unwavering support – that truly makes a difference. Belal Hamideh, beyond his legal expertise, offers a beacon of hope in these darkest of times. He doesn't just represent you; he stands with you, ensuring your voice is heard and your loss is acknowledged with the gravity it deserves.
If you're facing this unimaginable challenge, remember that seeking clarity and support is not a sign of weakness, but a testament to your strength. Reach out, and let Belal help you find a path forward, not just through the law, but through the healing process itself.
The process of estimating wrongful death compensation involves a nuanced analysis, taking into account varying factors such as the age and earnings of the deceased. No two cases are identical; however, incidents with younger victims often result in higher settlements for the survivors.
Regardless of the age of your departed loved one, if their untimely passing resulted from another's negligence or reckless actions, there may be a viable case. We invite you to connect with Belal Hamideh, experienced wrongful death lawyer, for a complimentary case assessment.
The Role of a Wrongful Death Attorney
Tragic is the loss of a loved one due to another's negligence or oversight. The loss has a lasting impact – the grieving process never truly fills the void left by their departure. Amidst this unimaginable adversity, however, you could be eligible for financial compensation. Belal Hamideh, a reliable attorney with a focus on wrongful death cases in California, offers guidance throughout the process of securing this aid.
Belal's comprehensive understanding of the field allows him to assertively represent your interests, striving to secure the highest possible monetary consideration for your tragic loss. This compensation could cover various expenses, including funeral costs, medical bills, and emotional distress. It might also pave the way for a sense of financial stability as you navigate this challenging time.
Belal offers free case evaluations, during which he can assess the potential value of your claim and discuss how he can support you through this taxing period.
Wrongful Death Compensation
It includes both economic and non-economic compensation. Economic compensation encompasses identifiable costs like medical bills, funeral expenses, lost wages, and other similar costs. Non-economic compensation relates to less tangible damages such as emotional distress, loss of guidance, and more. Despite the inherent difficulty in quantifying these non-economic damages, we commit to striving ceaselessly to secure the highest feasible compensation for our clients in all possible areas.
However, it's worth pointing out that punitive damages are not included in wrongful death claims under California legislation. If you're pursuing such damages, a survival cause of action should be concurrently initiated with your wrongful death claim, assuming both claims originate from the same wrongful action.
During your consultation with Belal, he will provide clarity on what to anticipate from your potential case and how he can fortify your journey through it. His strategy will be crafted based on his deep understanding to help you in securing the compensation rightfully due to you.
And what exactly is a wrongful death as per California law, and how can it be proven? In simple terms, a wrongful death transpires when someone's life is lost due to another's wrongful action, which can range from negligence and recklessness to deliberate acts. If the act was intentional, it could possibly lead to criminal prosecution as well.
Should you believe this definition could pertain to your situation, you might have a valid wrongful death lawsuit. It is highly advised to seek counsel from a well-versed lawyer to clear up any doubts about your eligibility to file such a claim.
Wrongful Death - Proving It
The establishment of a wrongful death claim comprises four critical elements. Firstly, the plaintiff must demonstrate that the defendant's negligence or recklessness resulted in the loved one's unfortunate ending. The second component involves ascertaining that the defendant had a specific duty towards the deceased, which they failed to fulfill. Additionally, it should be substantiated that the defendant's actions were the direct cause of the premature passing, and lastly, that the passing led to damages warranting compensation.
Belal stands ready to ardently safeguard your interests, providing you with an increased chance of a favorable verdict. His robust representation could be the guiding force you need to steer through this testing time.
Understanding Who Has the Right to File a Wrongful Death Lawsuit in California
In California, usually, the surviving spouse or children of the deceased are privileged to file a wrongful death lawsuit. In the absence of direct family members or dependents, the deceased's parents may be considered to be the rightful claimants. A larger pool of descendants, or even financial dependents, might also be seen as eligible to claim compensation under certain circumstances. However, it is crucial to understand that these broad scenarios do not equate to simplicity, as the process can rapidly escalate in complexity.
Determining the rightful claim to compensation can often be a perplexing task. Engaging an attorney adept in handling wrongful death cases can significantly increase the probability of a desired verdict.
Understanding the Legal Fee Structure for a Wrongful Death Attorney
Our services operate on a contingency fee basis, meaning that our clients are not required to make any upfront payment or bear any financial strain. Instead, our fee is a portion of the final settlement or winnings awarded to our clients. We see this as an additional way of supporting our clients through demanding times.
We emphasize that if we fail to secure a win, our clients do not incur charges for our services. Despite any attempts by insurance providers to restrict your award, we are devoted to delivering what is rightfully yours.
In line with this, we collaborate with a network of medical professionals operating on a similar contingency fee basis. We can provide references for necessary medical care, with the cost being deducted from your settlement.
The Importance of a Wrongful Death Attorney
When Belal is recruited to serve you, he assumes charge of virtually every facet of your case, lifting the burden off your shoulders.
Our proficient team conducts comprehensive investigations into each aspect of your loved one's wrongful death right from the start of our representation. Belal, along with his team, uncovers the truth, identifies all accountable parties, and meticulously develops a robust case to protect our client's interests.
Multiple parties could be responsible for the wrongful death. Our commitment enables us to pursue all liable parties through legal action. For instance, if a loved one's death was caused by a slip and fall incident on someone else's property, we will construct a resolute case against all involved parties. This could encompass the property owner, the party accountable for maintenance, or anyone whose duty it was to ensure safety.
Experiencing the loss of a loved one under dreadful circumstances can trigger immense emotional distress. We aim to serve as a constant beacon of support for our clients, offering guidance, updates, and empathetic assistance throughout the process.
Wrongful Death Legal Support for You and Yours
Losing a loved one due to someone else's negligence is a devastating experience that nobody is fully equipped to handle. It's during these challenging times that securing the services of a lawyer who specializes in wrongful death cases becomes crucial. Such a representative can provide the necessary focus and backing to help guide you through the rest of the procedures that need to be dealt with.
Your first meeting with Belal is an important one, as he meticulously examines the intricacies of your case. Bringing an enormous wealth of knowledge, he stands as your most potent voice, relentlessly striving to win you the fullest compensation possible for the pain you've endured.
To book a complimentary case assessment, feel free to get in touch with us via our website or give us a call. You are not bound by any obligations and you can be certain that you'll receive authentic legal advice that serves your best interests.
Understanding California's Wrongful Death Laws
The regulations surrounding wrongful death may be applicable to your circumstances. If you'd like more clarity or have additional queries, Belal is just a phone call away, ready to extend his legal expertise to support you in your quest for justice.
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.
In the journey through grief and the pursuit of justice, it's essential to remember that you're not navigating this path alone. The complexities of wrongful death law, as outlined in California's Code of Civil Procedure. From understanding who qualifies as a beneficiary under CCP § 377.60 to grasping the statute of limitations outlined in CCP § 335.1, the legal landscape is intricate.
The calculation of damages, as addressed in CCP § 377.61, goes beyond mere financial figures. It's about recognizing the profound impact of loss, both economically and emotionally. As the California Courts themselves emphasize the goal is to provide 'just' compensation, acknowledging the unique circumstances of each case.
Staying Informed about the Changes
It's worth noting that recent amendments to CCP § 377.34, allowing for the recovery of damages for pain, suffering, or disfigurement under specific conditions, underscore the evolving nature of wrongful death law. Staying informed about these changes is crucial, and resources from the California Department of Consumer Affairs can provide valuable insights.
While the legal process can seem daunting, the reality is that seeking justice is a step towards healing. It’s about ensuring that the memory of your loved one is honored and that their life is recognized. The statistics from the Centers for Disease Control and Prevention ([backlink to CDC website, e.g., cdc.gov]) highlight the prevalence of preventable deaths, reinforcing the importance of holding negligent parties accountable.
Ultimately, it's about finding a way to move forward, not forgetting, but adapting to a life altered by loss. And while the legal system can't bring back what's been lost, it can provide a sense of closure and financial stability. If you find yourself grappling with these complexities, remember that a consultation with Belal Hamideh offers not just legal expertise, but a compassionate understanding of your journey.
Regardless of the age of your departed loved one, if their untimely passing resulted from another's negligence or reckless actions, there may be a viable case. We invite you to connect with Belal Hamideh, experienced wrongful death lawyer, for a complimentary case assessment.
The Role of a Wrongful Death Attorney
Tragic is the loss of a loved one due to another's negligence or oversight. The loss has a lasting impact – the grieving process never truly fills the void left by their departure. Amidst this unimaginable adversity, however, you could be eligible for financial compensation. Belal Hamideh, a reliable attorney with a focus on wrongful death cases in California, offers guidance throughout the process of securing this aid.
Belal's comprehensive understanding of the field allows him to assertively represent your interests, striving to secure the highest possible monetary consideration for your tragic loss. This compensation could cover various expenses, including funeral costs, medical bills, and emotional distress. It might also pave the way for a sense of financial stability as you navigate this challenging time.
Belal offers free case evaluations, during which he can assess the potential value of your claim and discuss how he can support you through this taxing period.
Wrongful Death Compensation
It includes both economic and non-economic compensation. Economic compensation encompasses identifiable costs like medical bills, funeral expenses, lost wages, and other similar costs. Non-economic compensation relates to less tangible damages such as emotional distress, loss of guidance, and more. Despite the inherent difficulty in quantifying these non-economic damages, we commit to striving ceaselessly to secure the highest feasible compensation for our clients in all possible areas.
However, it's worth pointing out that punitive damages are not included in wrongful death claims under California legislation. If you're pursuing such damages, a survival cause of action should be concurrently initiated with your wrongful death claim, assuming both claims originate from the same wrongful action.
During your consultation with Belal, he will provide clarity on what to anticipate from your potential case and how he can fortify your journey through it. His strategy will be crafted based on his deep understanding to help you in securing the compensation rightfully due to you.
And what exactly is a wrongful death as per California law, and how can it be proven? In simple terms, a wrongful death transpires when someone's life is lost due to another's wrongful action, which can range from negligence and recklessness to deliberate acts. If the act was intentional, it could possibly lead to criminal prosecution as well.
Should you believe this definition could pertain to your situation, you might have a valid wrongful death lawsuit. It is highly advised to seek counsel from a well-versed lawyer to clear up any doubts about your eligibility to file such a claim.
Wrongful Death - Proving It
The establishment of a wrongful death claim comprises four critical elements. Firstly, the plaintiff must demonstrate that the defendant's negligence or recklessness resulted in the loved one's unfortunate ending. The second component involves ascertaining that the defendant had a specific duty towards the deceased, which they failed to fulfill. Additionally, it should be substantiated that the defendant's actions were the direct cause of the premature passing, and lastly, that the passing led to damages warranting compensation.
Belal stands ready to ardently safeguard your interests, providing you with an increased chance of a favorable verdict. His robust representation could be the guiding force you need to steer through this testing time.
Understanding Who Has the Right to File a Wrongful Death Lawsuit in California
In California, usually, the surviving spouse or children of the deceased are privileged to file a wrongful death lawsuit. In the absence of direct family members or dependents, the deceased's parents may be considered to be the rightful claimants. A larger pool of descendants, or even financial dependents, might also be seen as eligible to claim compensation under certain circumstances. However, it is crucial to understand that these broad scenarios do not equate to simplicity, as the process can rapidly escalate in complexity.
Determining the rightful claim to compensation can often be a perplexing task. Engaging an attorney adept in handling wrongful death cases can significantly increase the probability of a desired verdict.
Understanding the Legal Fee Structure for a Wrongful Death Attorney
Our services operate on a contingency fee basis, meaning that our clients are not required to make any upfront payment or bear any financial strain. Instead, our fee is a portion of the final settlement or winnings awarded to our clients. We see this as an additional way of supporting our clients through demanding times.
We emphasize that if we fail to secure a win, our clients do not incur charges for our services. Despite any attempts by insurance providers to restrict your award, we are devoted to delivering what is rightfully yours.
In line with this, we collaborate with a network of medical professionals operating on a similar contingency fee basis. We can provide references for necessary medical care, with the cost being deducted from your settlement.
The Importance of a Wrongful Death Attorney
When Belal is recruited to serve you, he assumes charge of virtually every facet of your case, lifting the burden off your shoulders.
Our proficient team conducts comprehensive investigations into each aspect of your loved one's wrongful death right from the start of our representation. Belal, along with his team, uncovers the truth, identifies all accountable parties, and meticulously develops a robust case to protect our client's interests.
Multiple parties could be responsible for the wrongful death. Our commitment enables us to pursue all liable parties through legal action. For instance, if a loved one's death was caused by a slip and fall incident on someone else's property, we will construct a resolute case against all involved parties. This could encompass the property owner, the party accountable for maintenance, or anyone whose duty it was to ensure safety.
Experiencing the loss of a loved one under dreadful circumstances can trigger immense emotional distress. We aim to serve as a constant beacon of support for our clients, offering guidance, updates, and empathetic assistance throughout the process.
Wrongful Death Legal Support for You and Yours
Losing a loved one due to someone else's negligence is a devastating experience that nobody is fully equipped to handle. It's during these challenging times that securing the services of a lawyer who specializes in wrongful death cases becomes crucial. Such a representative can provide the necessary focus and backing to help guide you through the rest of the procedures that need to be dealt with.
Your first meeting with Belal is an important one, as he meticulously examines the intricacies of your case. Bringing an enormous wealth of knowledge, he stands as your most potent voice, relentlessly striving to win you the fullest compensation possible for the pain you've endured.
To book a complimentary case assessment, feel free to get in touch with us via our website or give us a call. You are not bound by any obligations and you can be certain that you'll receive authentic legal advice that serves your best interests.
Understanding California's Wrongful Death Laws
The regulations surrounding wrongful death may be applicable to your circumstances. If you'd like more clarity or have additional queries, Belal is just a phone call away, ready to extend his legal expertise to support you in your quest for justice.
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.
In the journey through grief and the pursuit of justice, it's essential to remember that you're not navigating this path alone. The complexities of wrongful death law, as outlined in California's Code of Civil Procedure. From understanding who qualifies as a beneficiary under CCP § 377.60 to grasping the statute of limitations outlined in CCP § 335.1, the legal landscape is intricate.
The calculation of damages, as addressed in CCP § 377.61, goes beyond mere financial figures. It's about recognizing the profound impact of loss, both economically and emotionally. As the California Courts themselves emphasize the goal is to provide 'just' compensation, acknowledging the unique circumstances of each case.
Staying Informed about the Changes
It's worth noting that recent amendments to CCP § 377.34, allowing for the recovery of damages for pain, suffering, or disfigurement under specific conditions, underscore the evolving nature of wrongful death law. Staying informed about these changes is crucial, and resources from the California Department of Consumer Affairs can provide valuable insights.
While the legal process can seem daunting, the reality is that seeking justice is a step towards healing. It’s about ensuring that the memory of your loved one is honored and that their life is recognized. The statistics from the Centers for Disease Control and Prevention ([backlink to CDC website, e.g., cdc.gov]) highlight the prevalence of preventable deaths, reinforcing the importance of holding negligent parties accountable.
Ultimately, it's about finding a way to move forward, not forgetting, but adapting to a life altered by loss. And while the legal system can't bring back what's been lost, it can provide a sense of closure and financial stability. If you find yourself grappling with these complexities, remember that a consultation with Belal Hamideh offers not just legal expertise, but a compassionate understanding of your journey.