Should your wrongful death suit be successful, the insurance company of the liable party will pay.
In the event the liable party does not have insurance (or enough insurance), they will be personally responsible for your damages.
The liable party’s insurance company will do everything in their power to ensure that they do not pay. Or, alternatively, they may try to get you to take far less compensation than you and your case deserve.
Belal Hamideh can keep that from happening. A wrongful death lawyer with experience, he can help you to recover all of the compensation you should receive.
Understanding the Crucial Functions of a Wrongful Death Lawyer
Losing a loved one to an unexpected accident due to someone else’s negligence can be truly devastating. If someone is irresponsible and negligent actions have caused the death of a person closest to you, it’s a profoundly tragic incident. Although no financial settlement can sufficiently make up for your loss, being aware of your legal rights to seek reparation is important. Assembling a strong case with a proficient wrongful death lawyer can be instrumental in obtaining this compensation, providing some financial ease during this challenging time. This monetary claim can help cover expenses such as funeral costs, medical bills, and help alleviate the pain and suffering you’ve endured.
Meet Belal Hamideh, a seasoned wrongful death attorney based in California. Belal has successfully represented a multitude of wrongful death lawsuits, making his wealth of experience invaluable in your pursuit of justice. Leveraging his extensive experience, he will vigorously advocate for your case, ensuring you receive the maximum compensation you rightfully deserve. He also offers a free case evaluation, in which he will assess the possible worth of your claim and outline how he can best support you.
Decoding the Idea of Wrongful Death
As per legal clauses in California, a wrongful death occurs when an individual’s wrongful act leads to another person’s demise. Such actions can range from negligence, recklessness, or intentional harm. If the act was intentional, it would potentially lead to a criminal charge against the perpetrator.
Does this situation seem familiar to you? Then you might have a valid claim for a wrongful death lawsuit. If you harbor any doubts concerning your eligibility to initiate a lawsuit, seeking advice from a qualified attorney is recommended.
The Process of Validating a Wrongful Death Case
To place a valid demand for a wrongful death case, four specific components need to be established. The chief among these is to present proof that the defendant’s negligent, reckless, or careless act played a part in your loved one’s death. It is important to note that even if the defendant’s actions contributed partially to the demise, your claim stands valid.
Next, it needs to be established that the defendant had a duty towards the victim—your deceased loved one. This duty differs based on the situation like a medical practitioner’s obligation to look after a patient or a motorist’s duty to adhere to traffic norms.
Following this, it is required to show that the defendant’s disregard of this duty resulted in your loved one’s death. Finally, there should be evidence to verify that your loved one’s death resulted in measurable damages, which include medical expenses, funeral costs, loss of income or expected income, and your pain and suffering. This further extends to the loss of guidance, protection, and inheritance.
Launching into a wrongful death lawsuit can be filled with complexities and hurdles. But, a skilled attorney like Belal Hamideh is ready to guide you through this process. Armed with significant experience and proficiency in California wrongful death cases, Belal can provide the tenacious representation you need to fight for the justice you rightfully deserve.
Examining Compensation in California’s Wrongful Death Cases
A primary concern most individuals have is the type of compensation available for a wrongful death in California. The compensation generally breaks down into two main categories – economic and non-economic damages.
Economic damages cover specific and quantifiable expenses such as funeral and burial costs, medical bills incurred, and lost income. On the other side, non-economic damages cover more abstract aspects that are often difficult to quantify, like emotional suffering, loss of companionship, and moral support.
Regardless of the inherent difficulty in attributing a monetary value to these non-economic damages, our dedication remains steadfast in ensuring our clients receive the maximum compensation they deserve.
Delving into Potential Reimbursement Approaches in Cases of Unlawful Fatality
The allocation of reimbursement in cases involving unlawful death often depends on several factors. These might include the deceased’s projected lifespan when the wrongful act occurred, the lifespan of the applicant, among other considerations.
Economic damages often cover the expenses related to the funeral or burial, any financial support that the beneficiaries anticipated receiving, the void left by the lost household services, and any expected presents or benefits from the departed.
Contrarily, non-economic damages account for the emotional upheaval stirred by the demise of a loved one. This might include the loss of companionship, love, safeguarding, moral support, guidance, coaching, and loss of consortium.
It is paramount to remember that, as per California law, punitive damages aren’t accessible in cases of wrongful death. To pursue punitive damages, one would have to initiate a survival action in addition to the wrongful death claim, provided they both originate from the equivalent wrongful act.
During your dialogue with Belal, he will provide insight into the possible resolutions of your case. He will apply his extensive experience to strategize an efficient plan of action, aimed at securing the best possible outcome for you.
Who Qualifies for Reimbursement in Lawsuits Surrounding Unlawful Fatality?
Recognizing the legal boundaries that define the eligibility for reimbursement in unlawful fatality lawsuits is of utmost importance. In most scenarios, the deceased’s enduring spouse and children are the primary candidates qualified to file a claim for wrongful death. Should the deceased lack dependents or immediate family, the parents might be designated as the beneficiaries.
The requisites for reimbursement eligibility in lawsuits surrounding unlawful fatality can indeed be multifaceted. It can leave many shrouded in uncertainty regarding their eligibility, potential reimbursement, and more. To successfully navigate this intricate journey, it is advisable to enlist the services of an attorney who specializes in unlawful fatality cases, such as Belal Hamideh.
California Laws That Touch on Wrongful Death
These laws may fit your situation. If you have any questions, reach out to 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 law, as articulated in Code of Civil Procedure 377.60, meticulously defines who possesses the legal right to initiate a wrongful death lawsuit. Primarily, this includes the decedent’s immediate family: their spouse, domestic partner, children, and grandchildren. In situations where there are no surviving descendants, the law extends this right to individuals who would inherit the decedent’s property through intestate succession. Additionally, the statute recognizes the rights of those who were financially dependent on the deceased, such as stepchildren, putative spouses, and dependent parents. For minor dependents and in cases where parents are deceased, legal guardians may also have the right to file. This section is very detailed in who may file a claim.
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 law mandates that any wrongful death lawsuit must be filed within two years of the decedent’s passing. This critical time limit, outlined in CCP 335.1, applies to all cases stemming from another’s wrongful act or negligence, including assault and battery. Failing to adhere to this strict deadline can result in the forfeiture of your right to pursue legal action.
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’s CCP 377.61 grants courts the authority to award damages that are deemed just and equitable, considering the unique circumstances of each wrongful death case. This provision empowers the court to tailor compensation to reflect the specific losses suffered by the survivors. However, it’s crucial to understand that damages recoverable under section 377.34 are excluded from these awards. Additionally, the court is responsible for determining the appropriate distribution of awarded compensation among the eligible parties.
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.
When a decedent’s personal representative pursues a lawsuit, the recoverable damages are delineated by CCP 377.34. This statute limits damages to those sustained by the decedent prior to death, encompassing financial losses and potential punitive damages. Typically, compensation for pain and suffering is not included, unless the case falls within specific temporal provisions. This section has specific rules about reporting information to the judicial council.
While we cannot rewrite the past, we can help secure your future. Consider this not just a legal pursuit, but a step towards reclaiming stability and finding a measure of peace.
When you’re ready to look forward, we’ll be here.