Wrongful Death Requirements
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.