Wrongful Death Damages
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.
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.