Undeniably, losing a loved one is a heart-breaking experience. It’s even more tragic when their demise is a direct result of another individual’s incorrect, careless, or thoughtless actions. This occurrence is a bitter pain that leaves an enduring scar on the hearts of those who have lost their dear ones due to such misdeeds.
A wrongful death lawsuit is a route you can take when you find yourself in this unfortunate situation. Within this legal process, you may find that the opposing party will employ every possible tactic to evade responsibility for the unfortunate demise of your cherished one. This is when having a seasoned wrongful death attorney on your side becomes invaluable,ensuring that their tactics don’t come to fruition.
Belal Hamideh is one such attorney who has consistently shown his unwavering support for the bereaved family members of individuals who’ve met their untimely end as a result of wrongful actions. He has the capability and tenacity to handle your case, representing your interests as vigorously as necessary to ensure that justice is served. It’s important to note that no monetary settlement can ever replace your loss, however, Belal’s relentless fight ensures you receive the rightful compensation you deserve.
In a typical wrongful death case, the overall process starts when the rightfully entitled survivors reach out to a seasoned wrongful death attorney. The attorney then conducts an exhaustive investigation to identify the liable parties. Soon after that, the attorney initiates a lawsuit against all parties involved. The attorney then bargains as intensely as possible on behalf of the survivors. In many instances, the adversary agrees to a settlement. However, if they don’t agree, the case proceeds to court. When the survivors receive the deserved compensation, the attorney’s remuneration is deducted from the final settlement.
Though this may seem like an oversimplification, it’s a broad overview of the process. Each case is unique and may require a diverse approach. Therefore, don’t let this generalization deter you from seeking justice for your loved one.
Should you wish to gain a deeper understanding or if you want to schedule a complimentary case evaluation with a seasoned wrongful death attorney, reach out to Belal Hamideh. You can get in touch with him via our website or feel free to give us a call. His expertise in wrongful death cases assures you of a partner who will fight for your rights and ensure that justice is served.
The Significance of a Wrongful Death Lawyer in Dealing with Legal Hurdles
Imagine the devastation of losing someone precious because of the reckless behavior of another person. The overwhelming emotions can be hard to bear, especially when it was caused by something so avoidable. However, it’s crucial to understand that you have rights that can lead to financial compensation. Being informed about this is important, even though no financial claim can genuinely compensate for a personal loss. Teaming up with a knowledgeable wrongful death lawyer can help develop a strong legal stance to get you this monetary claim. The financial aid can be beneficial in dealing with the funeral expenses, medical bills, and emotional trauma, giving you some semblance of stability during a difficult phase.
Allow me to introduce Belal Hamideh, a highly skilled wrongful death lawyer based in California. Belal has an impressive portfolio of successfully managing various wrongful death lawsuits, offering his extensive understanding as a critical asset in your fight for justice. Using his enormous wealth of experience, he fights for your cause passionately, maximizing your chances of receiving the highest possible compensation for your ordeal. His services even include free initial consulting to assess the potential value of your claim and explore the most effective ways to help you.
Comprehending the Idea of Wrongful Death
California law defines wrongful death as a death caused by another person’s wrongful actions. These actions range from negligent or reckless behaviour to intentional harm which can lead to criminal charges against the culprit.
If you find yourself in a similar situation, there is a strong possibility that you might have a substantial claim for a wrongful death lawsuit. If you’re unsure about your eligibility to file a lawsuit, seeking advice from a seasoned lawyer such as Belal Hamideh would be a prudent decision.
Creating a Wrongful Death Lawsuit
To construct an effective wrongful death claim, it’s necessary to demonstrate four distinct aspects. The first is to provide proof that the defendant’s negligence or careless behaviour played a part in the death of your loved one. Even if the defendant’s actions contributed partially to the death, you have a rightful claim.
The second aspect is to prove that the defendant was obligated to the victim—your deceased loved one. This obligation can vary based on the circumstances, such as a healthcare provider’s duty to treat a patient or a driver’s obligation to follow traffic rules.
The third aspect is proving that the defendant’s breach of this duty led to the death of your loved one. Finally, you must provide evidence to confirm that the death of your loved one caused measurable damages. This includes the medical bills, funeral costs, loss of income or potential income, and the emotional distress caused by the loss. Loss of guidance, protection, and inheritance is also considered.
Embarking on a wrongful death lawsuit can seem daunting and fraught with challenges. However, a seasoned attorney like Belal Hamideh is prepared to guide you through this process. With his in-depth understanding and proficient handling of California wrongful death cases, Belal can offer you the staunch representation you need to fight for the justice you and your family deserve.
Exploring Possible Compensation in California’s Wrongful Death Cases
One of the most common questions is – what kind of compensation is available for a wrongful death in California? The compensation in such cases is typically divided into two broad categories – economic damages and non-economic damages.
Economic damages cover quantifiable costs such as funeral and burial expenses, incurred medical bills, and lost earnings, while non-economic damages are more subjective and challenging to measure, such as emotional distress, loss of companionship, and moral support endured by the survivors.
Even though putting a monetary value on non-economic damages can be challenging, we stand committed to ensuring that our clients receive the maximum possible compensation.
Understanding Potential Compensation Types in Wrongful Death Lawsuits
The compensation in wrongful death cases often depends on factors such as the victim’s life expectancy at the time of the wrongful act, the claimant’s life expectancy among other factors.
Economic damages usually include funeral or burial expenses, the financial support that the heirs anticipated receiving, the loss of household services, and expected gifts or benefits from the deceased.
Non-economic damages, on the other hand, address the emotional distress caused by the loss of a loved one, including the loss of companionship, protection, affection, moral support, guidance, training, and loss of consortium.
However, it’s essential to remember that under California law, punitive damages are not available for wrongful death cases. To pursue punitive damages arising from the same wrongful act, a survival action needs to be launched alongside the wrongful death claim.
During your consultation with Belal, he will provide a comprehensive understanding of the likely outcomes of your case. Using his vast experience, he will devise an effective strategy aimed at securing the most favourable results for you.
Interpreting Eligibility for Compensation in Unlawful Death Lawsuits
It is paramount to understand the legal boundaries determining who can claim compensation in an unlawful death lawsuit. The surviving spouse and children of the deceased are typically the primary candidates entitled to file for an unlawful death claim. In situations where the deceased has left no dependents or immediate family, the parents become the beneficiaries.
The eligibility criteria for compensation in unlawful death cases can sometimes be intricate, leading to confusion about eligibility and potential compensation. With the guidance of a lawyer well-versed in unlawful death cases like Belal Hamideh, navigating this labyrinth becomes significantly more manageable.
How Our Unlawful Death Lawyer in California Can Assist You
Engaging a legal professional proficient in wrongful death cases increases your chances of claiming the maximum possible compensation. Belal takes the responsibility of handling every facet of your case, aiming to offer you peace of mind during such challenging times.
Our clients’ well-being is our top priority, and we demonstrate it by taking charge of all legal proceedings. Recognizing the magnitude of decisions and commitments faced by grieving individuals, we aim to lighten the burden. Entrusting Belal with your case allows you to focus on your healing, honor the memory of your departed loved one, and progressively move through the grieving process.
Upon taking on your case, our experienced team starts an exhaustive investigation into the circumstances surrounding your loved one’s wrongful death. Identifying the truth behind the tragic incident, highlighting all parties involved, and building a compelling case for our clients is the cornerstone of our strategy. Sometimes, multiple entities may be liable for the wrongful death. Our commitment is to uncover their shared responsibility and ensure that all parties contributing to the fault are held legally accountable.
For instance, if a family member is fatally involved in an accident with a large truck, we will build a case against all parties involved in the incident. These could include the truck driver, the people who loaded the truck, the owner of the truck, other road users, the entity responsible for maintaining road conditions, and anyone else who may hold shared responsibility. Our primary objective is to uncover the truth to strengthen your case.
As we undergo this process, we serve as a reliable partner to our clients, providing advice, regular updates, and emotional support at each stage. Losing a loved one in such a tragic manner can take an emotional toll. We endeavor to alleviate our clients’ emotional burden by providing clarity, reassurance, and hope.
California Wrongful Death Laws
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure – CCP § 377.60
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
(b)(1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
(2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.
(d) This section applies to any cause of action arising on or after January 1, 1993.
(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.
(f)(1) For the purpose of this section, “domestic partner” means a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.
(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.
(3) The amendments made to this subdivision during the 2003-04 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
California Code, Code of Civil Procedure – CCP § 335.1
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
California Code, Code of Civil Procedure – CCP § 377.61
In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the cause of action.
California Code, Code of Civil Procedure – CCP § 377.34
(a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.
(b) Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.
(c) A plaintiff who recovers damages pursuant to subdivision (b) between January 1, 2022, and January 1, 2025, inclusive, shall, within 60 days after obtaining a judgment, consent judgment, or court-approved settlement agreement entitling the plaintiff to the damages, submit to the Judicial Council a copy of the judgment, consent judgment, or court-approved settlement agreement, along with a cover sheet detailing all of the following information:
(1) The date the action was filed.
(2) The date of the final disposition of the action.
(3) The amount and type of damages awarded, including economic damages and damages for pain, suffering, or disfigurement.
(d)(1) On or before January 1, 2025, the Judicial Council shall transmit to the Legislature a report detailing the information received pursuant to subdivision (c) for all judgements, consent judgements, or court-approved settlement agreements rendered from January 1, 2022, to July 31, 2024, inclusive, in which damages were recovered pursuant to subdivision (b). The report shall comply with Section 9795 of the Government Code.
(2) This subdivision shall become inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(e) Nothing in this section alters Section 3333.2 of the Civil Code.
(f) Nothing in this section affects claims brought pursuant to Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.