You have two years from the date of your loved one’s death.
To be eligible for compensation, you have to bring a lawsuit within two years of the date they passed.
If you wait longer than that, you risk not receiving any compensation.
That said, the sooner you contact an experienced wrongful death attorney, the better.
The right attorney will get to work quickly on your case, supporting you throughout the process and helping you to recover compensation that much earlier. The other side will not dally. You shouldn’t, either.
To schedule a free case evaluation with Belal Hamideh, message us through our site or call.
The Crucial Role of a Wrongful Death Attorney in Your Litigation
Dealing with the unexpected demise of a dear person due to someone else’s negligence can be traumatizing. The careless actions of another individual could become the cause of your loved one’s unfortunate demise. Even though no financial compensation can relieve your pain, it’s vital to understand your rights to seek recompense. Building a solid case with a proficient wrongful death attorney can help you obtain that compensation, which can provide financial relief by covering funeral costs, medical bills, and pain and suffering.
Introducing Belal Hamideh, a seasoned wrongful death lawyer from California. Belal’s vast experience in handling diverse wrongful death cases makes him an invaluable ally in your fight for justice. His exhaustive experience enables him to fight vigorously on your behalf, ensuring you receive the highest possible compensation for your loss. He also offers a free case evaluation, using it to assess the potential worth of your claim and the ways he can support you.
Understanding the Essence of Wrongful Death
As per California law, wrongful death refers to a situation where someone’s wrongful action results in another individual’s death. These wrongful actions could range from negligent or reckless behavior to intentional harm. If the action was intentional, the perpetrator could face criminal charges.
If you encounter such a distressing situation, you may be eligible for a wrongful death lawsuit. In the face of any doubts regarding your rights to file a lawsuit, it would be prudent to seek advice from an accomplished lawyer.
Establishing a Wrongful Death Claim
To make a valid wrongful death claim, it’s necessary to establish four specific aspects. The primary component is to present proof that shows the defendant’s negligence, recklessness, or careless behavior contributed to your loved one’s death. It’s important to note that even if the defendant’s actions were only partially responsible for the death, your claim remains valid.
The subsequent aspect is to prove that the defendant was obliged to ensure your loved one’s safety. This obligation tends to vary depending on the situation, like a healthcare provider’s duty to a patient or a driver’s responsibility to obey traffic regulations.
Next, it needs to be proved that the defendant’s disregard for their obligation resulted in your loved one’s death. Lastly, you need to provide evidence that the death of your loved one brought about measurable damages, such as medical bills, funeral expenses, loss of income or potential earnings, and pain and suffering. This also extends to the loss of guidance, protection, and inheritance.
Embarking on a wrongful death lawsuit can be complex and fraught with obstacles. However, a seasoned attorney like Belal Hamideh is prepared to guide you through this process. With his profound understanding and mastery over California wrongful death cases, Belal can provide the relentless representation needed to pursue the justice you deserve.
Deciphering Compensation in California’s Wrongful Death Cases
A common question that arises is what type of compensation is available in a wrongful death claim in California? Compensation in such cases usually splits into two categories – economic and non-economic damages.
Economic damages include tangible and calculable costs such as medical bills, funeral and burial expenses, and lost earnings. On the other hand, non-economic damages involve intangible aspects, which are often challenging to place a monetary value on, like emotional distress, loss of companionship, and moral support.
Despite the difficulty in assigning a monetary value to these non-economic damages, we remain steadfast in our commitment to ensure our clients obtain the highest possible compensation.
Understanding Different Types of Compensation in Wrongful Death Cases
Compensation in wrongful death cases largely depends on many factors, such as the life expectancy of the deceased at the time of the wrongful act, the claimant’s life expectancy, and others.
Economic damages may include funeral or burial costs, lost financial support the beneficiaries were expected to receive, the loss of household services, and expected gifts or benefits from the deceased.
Non-economic damages, meanwhile, account for the emotional upheaval caused by the loss of a loved one, such as the loss of companionship, affection, protection, moral support, guidance, training, and loss of consortium.
However, it’s important to be aware that pursuant to California law, punitive damages are not available in wrongful death cases. To seek punitive damages, it would be necessary to initiate a survival action alongside the wrongful death claim if they both arise from the same wrongful act.
In your consultation with Belal, he will provide clarity on the possible outcomes of your case. With his profound experience, he will devise an effective strategy to ensure the best possible results.
Eligibility for Compensation in Fatal Injury Lawsuits: The Parameters in Detail
For those embarking on seeking justice for a loved one lost due to negligence, it is instrumental to be aware of the legal boundaries dictating who can fight for compensation in a wrongful death lawsuit. Often, it is the deceased individual’s immediate family, such as spouses and offspring, who are the key possibilities for filing a wrongful death claim. However, in situations where the deceased left behind no dependents or direct family, their parents could be nominated the recipients of compensation.
The parameters determining the authorization for compensation in wrongful death suits can undoubtedly be quite complex. It can leave many stranded in a fog of uncertainty regarding their entitlement, the potential for compensation, and other related aspects. To navigate this labyrinth effectively, it is advisable to employ an attorney who is proficient in the nuances of wrongful death cases, one such as Belal Hamideh.
Belal Hamideh Law: Providing a Vital Service for Wrongful Death Cases in California
Engaging a lawyer who is deeply competent in wrongful death litigation significantly enhances your odds of securing the highest possible reparation. Belal Hamideh assumes a pivotal role in handling every aspect of your case, aiming to provide you peace of mind in these trying times.
Our guiding principle is to primarily support our clients by taking full control of the entire legal procedures. We understand that individuals reeling from a loss often struggle with an overwhelming number of tasks and decisions. Adding the stress of a legal battle can seem unfathomable. By assigning your case to Belal, you can concentrate on making sense of your grief, preserving the memory of your lost loved one and slowly navigating through this mourning process.
As we take on your case, our experienced team begins a thorough investigation into the events that led to your loved one’s fatal incident. Uncovering details of the distressing event, identifying those involved, and building a hard-hitting case for our clients embody our primary approach. Often, the blame for the fatal incident may be shared by multiple parties. We pledge our commitment to uncover their shared liability, ensuring every culpable party is held to account legally.
Imagine a situation where your family member has been killed in a horrific accident involving a large truck; we will build a robust case against all those involved in the incident. This group could include the truck operator, the individual responsible for the truck’s loading, the truck’s owner, other road users, the body responsible for maintaining the roads, and any other person who might hold responsibility. Our aim is to unearth the truth and leverage it to strengthen your case.
Throughout this intricate procedure, we act as a trustworthy support for our clients, offering guidance, case updates, and emotional sustenance at every turn. The anguish of losing your loved one in such circumstances can be emotionally draining. Thus, we strive to reduce our clients’ emotional burden by providing clarity, reassurance, and a sense of hope.
Wrongful Death Laws in California
These may pertain to your situation. If you have any 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.