Multiple parties can file a wrongful death suit.
The decedent’s surviving spouse, children, and parents can file a suit.
Additionally, any dependent minors living in the decedent’s household can file, as can other heirs and next of kin.
A personal representative of the deceased’s estate is also able to file.
A wrongful death suit can become very complicated quickly. Belal Hamideh, experienced wrongful death lawyer, can guide you through the process. Schedule a free case evaluation through our site or by calling.
Ways that a Wrongful Death Lawyer Can Help Your Wrongful Death Suit
Experiencing the death of a loved one due to someone else’s negligent actions is deeply devastating. The reckless behavior of others might have led to you losing someone dear to you. While no recompense can truly make up for your loss, it is integral to know that you could be entitled to compensation. Building a strong case with a seasoned wrongful death attorney can help you receive this compensation. This compensation can help cover funeral costs, medical bills, pain and suffering, and many other expenses, granting you some financial security as you navigate the challenging journey ahead.
Meet Belal Hamideh, a seasoned wrongful death attorney in California. With many wrongful death cases under his belt, his experience is an invaluable asset in your struggle for justice. Leveraging his years of practice, he aggressively advocates for you, ensuring that you get the maximum compensation for the hardships you’ve endured. He also offers a free case evaluation, where he assesses the potential worth of your claim and how he can assist you.
Understanding Wrongful Death
In California, ‘wrongful death’ is a legal term that describes a death caused by the misconduct of another. This misconduct can manifest as anything from careless mistakes to deliberate, harmful actions. In cases of intentional wrongdoing, the responsible party may face both civil and criminal consequences. If you suspect your loved one’s passing aligns with these circumstances, you could have grounds for a wrongful death claim. Seeking guidance from an experienced attorney is crucial to understanding your legal options.
If any of these circumstances apply to your situation, you might have a case for a wrongful death lawsuit. If you’re uncertain about your eligibility to file a wrongful death suit, it’s always a smart move to consult a knowledgeable attorney.
Proving Wrongful Death
To establish a valid wrongful death claim, four distinct elements must be proven. First, you must demonstrate that the negligence, recklessness, or careless act of the defendant— the person you’re suing— had a hand in causing your loved one’s death. It’s important to note that the defendant’s actions don’t have to be the only cause of the death. If they are partially responsible, you still have a valid claim.
Secondly, you must establish that the defendant had a duty towards the victim—your deceased loved one. This duty can vary depending on the circumstances, such as a doctor’s duty to heal a patient or a driver’s duty to obey traffic laws.
Next, it must be proven that the defendant breached this duty, leading to the death of your loved one. Lastly, you must also provide evidence that your loved one’s death resulted in quantifiable damages. This includes medical expenses, funeral costs, loss of income or potential income, as well as your pain and suffering. It also covers a loss of guidance, protection, and inheritance.
Navigating the complexities of a wrongful death lawsuit can be overwhelming, but with a seasoned attorney like Belal Hamideh, you don’t have to do it alone. His expertise in California wrongful death cases ensures that you get the aggressive representation you need, as you fight for the justice you deserve.
Understanding Compensation in Wrongful Death Cases in California
What type of compensation can be sought for a wrongful death in California? Wrongful death claims can be divided into two key areas: economic and non-economic damages.
Economic damages include concrete expenses such as funeral and burial costs, medical bills, and lost earnings. On the other hand, non-economic damages account for the often difficult to quantify emotional suffering, loss of companionship, and moral support.
While it can be challenging to assign a monetary value to non-economic damages, our commitment is unwavering to ensure our clients receive the maximum possible compensation.
Potential Types of Compensation in Wrongful Death Cases
Compensation in wrongful death cases depends on several variables, such as the life expectancy of the deceased at the time of the wrongful act, the claimant’s life expectancy, among others.
Economic damages could comprise of the cost of the funeral or burial, lost financial support the heirs would have received, loss of household services, and gifts or benefits expected from the deceased.
Non-economic damages, alternatively, cover the emotional distress caused by losing a loved one, such as the loss of companionship, affection, protection, and moral support; absence of guidance and training; and loss of consortium.
According to California law, punitive damages are not offered in wrongful death cases. To seek punitive damages, a survival action needs to be initiated alongside the wrongful death claim if both arise from the same wrongful act.
In your consultation with Belal, you’ll be briefed on the likely outcome of your case. He will be drawing on his experience to develop an effective action plan that will put you in the best position to receive what you rightfully deserve.
Eligibility for Compensation in Wrongful Death Lawsuits
It is crucial to understand the legal boundaries that define who can seek compensation in a wrongful death lawsuit. In most cases, the eligible parties to file for a wrongful death claim are the deceased’s surviving spouse and children. Where the deceased had neither dependents nor immediate family, the parents might be identified as the beneficiaries.
The qualification for compensation in wrongful death lawsuits can be complex, leaving many unclear about their eligibility, the possible compensation, and so forth. To navigate this journey effectively, it is advisable to engage an attorney with extensive experience in wrongful death cases.
The Role of Our Wrongful Death Attorney in California For You
Engaging an attorney who is experienced in wrongful death cases increases your chances of receiving maximum compensation. Belal, our legal practitioner, plays a pivotal role in handling every aspect of the case, providing you with peace of mind during these trying times.
Our foremost way of extending support to our clients is by shouldering the responsibility of the entire legal proceeding. We understand that those who are grieving often have to deal with an exhausting array of tasks and decisions. The added burden of a legal case can be quite overwhelming. By confiding in Belal for your case, you can concentrate on healing, remembering your departed loved one, and navigate through the grieving phase.
From the outset of taking over your case, our seasoned team commences a thorough investigation into the circumstances surrounding the wrongful death of your loved one. Unearthing the truth behind the unfortunate incident, identifying the involved parties and creating a persuasive case on behalf of our clients are the cornerstones of our approach. More often than not, multiple entities may hold the liability for the wrongful death. We work relentlessly to ensure that their shared responsibility does not go unnoticed and that all at-fault parties are held accountable through legal channels.
Consider a situation where your loved one lost their life in an accident involving a large truck, we will pursue a case against all parties implicated in the incident. The truck driver, the person loading the truck, the truck owner, other drivers on the road, the entity in charge of road conditions, and anyone else who may bear responsibility. We make it our mission to find the truth and use that to strengthen your case.
Throughout this process, we are a reliable resource for our clients, offering guidance, updates, and emotional support at all stages. The pain of losing a loved one under such circumstances can be emotionally draining; hence, we work towards easing our clients’ emotional burden by providing clarity, reassurance, and hope.
Understanding the Payment Procedure for a Wrongful Death Attorney
Our payment is based on a contingency fee structure, which means our clients are not required to pay for our services upfront or pay out of pocket. Rather, our fee will be deducted from the final settlement or from the winnings of your case. This approach is yet another way we support our clients during this challenging time.
With this payment structure, we will only be compensated if we win the case. However, you can be assured that we succeed in winning 99% of cases we take on. We are acutely aware that insurance companies may go to great lengths to prevent you from receiving your proper dues. We are here to counteract those efforts and ensure that you receive what you rightfully deserve.
To further ease this process, we have associates who are seasoned medical professionals and operate on a contingency basis as well. If you require medical assistance, we can connect you with them, with their fee also being deducted from your settlement.
Understanding the Distinctions Between “Wrongful Death” and “Homicide”
A particular event may spark both a wrongful death lawsuit and criminal charges. However, it’s vital to note the stark differences between the two.
A wrongful death lawsuit is a civil action that seeks financial damages as recompense for the survivors. In such a lawsuit, you have the ability to receive both economic and non-economic compensation for the unfortunate death of your loved one.
Contrarily, a criminal homicide case involves the defendant undergoing criminal prosecution and the probability of serving a prison sentence.
The Divergence of Proof Standards and Periods in Wrongful Death versus Criminal Homicide
The requirements for proof vary vastly between criminal and civil court proceedings.
In criminal proceedings, the evidence needs to establish “beyond a reasonable doubt” that the defendant is culpable. This means that there should be no reasonable uncertainty of the defendant’s guilt.
However, civil proceedings require the proof standard to satisfy the “preponderance of evidence.” Succinctly, to be victorious in a wrongful death suit, it must be demonstrated that the defendant was “more likely than not” reckless and/or careless in a manner that resulted in the death of your loved one.
Despite the fact that the burden of proof in a civil proceeding is not as stringent as in a criminal trial, engaging an experienced attorney significantly enhances the chances of a favorable verdict.
What Is the Duration to File a Wrongful Death Lawsuit in California?
In California, the statute of limitations for a wrongful death case is a period of two years. It implies that you have a span of two years from the date of death to initiate a wrongful death lawsuit.
This duration might seem ample, but it might prove to be short-lived when considering everything that you need to attend to following the death of a loved one.
Nevertheless, the timeframe reduces to six months when the government is implicated (for instance, in a California government tort claim).
Navigating these legal complexities can be daunting and often confusing. Stringent adherence to these timeframes is pivotal, as failure to action within the stipulated period could lead to the relinquishment of the right to seek legal redress. The last thing you want is to be denied the opportunity to seek justice for your loved one’s untimely death.
The Complex Nature of Wrongful Death Compensation Calculations
Understanding the factors that determine the value of your wrongful death claim requires a comprehensive review of all elements that could potentially influence its worth. Every state possesses its own laws concerning damages, and California is no exception. However, it is distinct in its absence of a damages cap, authorizing juries to potentially allocate large awards in cases of wrongful death.
Key influencers of case valuation incorporate the age of your departed loved one, the number of minor children left behind and their respective ages, the circumstances surrounding your loved one’s accident, the degree of financial dependency on your loved one by their spouse, among other considerations.
These elements can both enhance or decrease a family’s settlement. To provide an example, a case involving the passing of an elderly family member who had no surviving spouse or children, and who held substantial responsibility for the accident, would likely receive a lesser settlement. In contrast, a case involving a deceased individual with dependents and minimal fault in the incident would likely secure a higher settlement.
As your attorney, Belal Hamideh will analyze your case meticulously. Following, he will provide a detailed explanation of potential legal strategies that may be used to your advantage.
The Unpredictability of Wrongful Death Case Settlements
There exists no fixed average for wrongful death lawsuit settlements in California or any other state. Each scenario is unique and consequently, the settlements are equally diverse. It is challenging to attribute a monetary value to the loss of a loved one, thereby making wrongful death cases one of the highest valued categories within personal injury lawsuits.
Consulting with a seasoned wrongful death attorney is the optimal pathway to understanding the potential worth of your case. Leveraging years of expertise, Belal Hamideh can offer an informed estimation of your case’s value, and he will then aggressively pursue your entitled compensation, ensuring you receive just reparation.
Choosing a Skilled California Wrongful Death Attorney
Encountering the loss of a dearly loved one due to another’s negligent actions can be among the most challenging adversities an individual can face. California-based Wrongful Death Attorney Belal Hamideh acknowledges that he cannot alleviate this difficulty entirely, but he can lighten the load. Through a commitment to aggressive representation, he utilizes his vast experience to aid you in securing the maximum compensation for your traumatic ordeal.
For a complimentary case evaluation, message us directly through our website or give us a call.