Survival actions and wrongful death suits are two distinct yet related legal terms. The former is designed to provide recompense to the estate of the deceased for losses incurred prior to death. In contrast, wrongful death suits target the provision of compensation to surviving family members for their personal losses.
If you’re looking for an easy way to differentiate between the two, consider this: A wrongful death suit focuses on offering financial relief to the deceased’s bereaved family for their losses, while a survival action enables the deceased’s estate to seek redress for any losses their loved one experienced before they passed away.
These cases hold potential to become extremely tangled, necessitating the aid of a professional well-versed in wrongful death lawsuits. Belal Hamideh, a seasoned wrongful death lawyer, is poised to provide guidance and help you recover the compensation you’re entitled to. Should you wish to schedule a no-cost case evaluation, you can reach out to Belal through our website or via a phone call.
The Role of a Wrongful Death Lawyer in California
Bearing the death of a loved one resulting from the reckless actions of another can be devastatingly hard, especially when such a horrific event could have been prevented. The subsequent emotional distress, coupled with the understanding that you are entitled to financial compensation, can be overwhelming. Even though monetary help can’t console the emotional pain or bring back your loved one, being aware of your rights to claim financial recompense is significant. A competent attorney specializing in wrongful death cases can aid you in developing a strong legal stance to demand this financial relief. This compensation can help manage hospital bills, funeral expenses, and offer a degree of stability in these challenging times.
Introducing Belal Hamideh, a distinguished wrongful death lawyer situated in California. With a remarkable history of handling multiple wrongful death cases, he brings a wealth of knowledge that can be crucial in your pursuit of justice. Using his extensive experience, Belal will advocate forcefully for your case, bolstering your chances of securing the most applicable compensation for your situation. He offers initial consultations at no charge to estimate the potential value of your claim and determine the most effective strategies to assist you.
Understanding “Wrongful Death”
Under California law, wrongful death is attributed to fatalities caused due to another party’s wrongful act. These acts range from negligence or irresponsibility to intentional harm leading to potential criminal charges against the perpetrator.
If you find yourself ensnared in similar circumstances, it’s plausible that you may have a significant wrongful death claim. If you’re uncertain about your standing to launch a lawsuit, consulting with an experienced lawyer like Belal Hamideh could be a prudent step.
Establishing a Wrongful Death Lawsuit
Building a persuasive wrongful death claim necessitates demonstrating four unique elements. Firstly, one must present evidence that the defendant’s irresponsible or reckless behaviour contributed to the death of your loved one. Even if the defendant’s actions played a partial role in the death, your claim is justified.
Secondly, it’s vital to prove that the defendant had a responsibility of care towards the deceased. This responsibility is context-dependent, such as a doctor’s duty to treat a patient or a driver’s obligation to obey traffic rules.
The third pivotal point to establish is that the defendant’s breach of this duty resulted in the death of your loved one. Ultimately, evidence must be presented to confirm that the deceased’s death resulted in identifiable damages. This could include hospital fees, funeral costs, loss of potential earnings, and emotional anguish as a result of the death. Loss of guidance, protection, and inheritance also come under consideration.
Beginning a wrongful death lawsuit may seem insurmountable and riddled with potential pitfalls. However, a proficient attorney like Belal Hamideh is equipped to steer you through this intricate process. Armed with a deep understanding and adept handling of California’s wrongful death cases, Belal can provide the solid representation necessary to campaign for the justice you and your family deserve.
Navigating the Complex Terrain of Compensation in California’s Wrongful Death Claims
A recurring inquiry that often arises is related to the kind of reparation that can be sought in a wrongful death suit within the jurisdiction of California. Generally, recompense in such instances is broadly classified into two main categories – financial damages and non-financial damages.
When we speak of monetary damages, we refer to quantifiable expenses like funeral and burial charges, medical bills accrued, and the income that has been lost as a result of the death. On the other hand, non-financial damages, which are more abstract and tougher to assess, include factors such as emotional suffering, loss of companionship, and moral support experienced by the survivors.
While it may often be challenging to measure non-economic damages, we pledge to strive relentlessly towards ensuring that our clients are accorded the maximum achievable reparation.
Demystifying the Intricacies of Potential Compensation in Wrongful Death Legal Proceedings
The journey through the convoluted labyrinth of financial compensations in wrongful death disputes can be influenced by an array of factors such as the estimated lifespan of the unfortunate victim at the time of the incident, the survivors’ projected lifespan, among other variables.
The spectrum of monetary losses frequently covers costs for funeral or burial, the financial assistance beneficiaries were relying on, the loss of household services, and anticipated gifts or contributions from the departed loved one.
On the other hand, non-economic losses consider the emotional agony caused by the devastating loss of a loved one. These damages encompass deprivation of companionship, protection, affection, moral support, guidance, training, and loss of consortium.
It’s important to remember that punitive damages, under California’s law, are unobtainable in wrongful death cases. If punitive damages linked with the same wrongdoing are to be claimed, a survival action needs to be initiated concurrently with the wrongful death claim.
During your consult with Belal, he will facilitate a comprehensive understanding of your case’s potential outcomes. Utilizing his vast experience, he will devise an efficient method designed to achieve the most favorable outcomes for you.
Unraveling the Parameters for Financial Reparations in Wrongful Death Legal Actions
Having a thorough understanding of the legal parameters that dictate who can claim reparation in a wrongful death lawsuit is crucial. The direct beneficiaries, typically the surviving spouse and offspring of the deceased are usually the ones entitled to initiate a wrongful death claim. In cases where the deceased had no dependents or immediate kin, the parents can be potential recipients.
The parameters for eligibility for monetary awards in wrongful death suits can sometimes be complex, leading to ambiguity about the entitlement and projected compensation. With the backing of an attorney like Belal Hamideh, specializing in wrongful death cases, traversing this complex terrain becomes significantly easier.
The Role Our Wrongful Death Attorney in California Plays in Your Supplication
Engaging the expertise of a legal professional skilled in wrongful death lawsuits can significantly amplify your chances of securing the highest possible reparation. Belal takes the helm in managing every facet of your case, aspiring to provide you with tranquility amidst such distressing times.
Our clients’ welfare is paramount in our execution of all legal proceedings. Recognizing the severity of decisions and responsibilities confronting grieving individuals, we aim to shoulder their burden. Allowing Belal to handle your case permits you to focus on healing, honoring the memory of your departed loved one, and steadily navigate the grieving process.
When we take on your case, our seasoned team commences an in-depth investigation into the circumstances surrounding your loved one’s wrongful death. Unearthing the facts about the fatal incident, highlighting all entities involved, and building a compelling case for our clients is at the heart of our approach. At times, numerous parties may be liable for the wrongful death. We are resolute in revealing their collective liability and ensuring all parties implicated in the fault face the legal consequences.
For instance, in a situation where a loved one is lost after a collision with a large truck, we will build a case against all entities involved in the incident. This could include the truck driver, the individuals who loaded the truck, the truck owner, other road users, the entity responsible for maintaining road conditions, and any other person with potential blame. Our primary goal is to uncover the truth to strengthen your case.
As we undertake this process, we stand by our clients, offering guidance, regular updates, and emotional support at every stage. Handling the loss of a loved one in such a tragic situation can be emotionally overwhelming. Our mission is to alleviate our clients’ emotional load by providing clarity, comfort, and hope.
Wrongful Death Laws in California
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.
If you have any questions, contact Belal for a free case evaluation.