These terms are not interchangeable – in fact, they each refer to different types of compensation catered for specific losses.
In the realm of the “survival action,” it’s designed as a provision for the deceased’s estate to be compensated for any damages endured by the person prior to their demise. On the flip side, a “wrongful death” claim exists to provide compensation for the survivors and their losses. In plain terms, a wrongful death lawsuit offers reparation for the family of the deceased, whereas a survival action enables the estate to seek compensation for losses incurred by the deceased before their untimely death.
The intricate nature of wrongful death and survival action cases often necessitates the guidance of a seasoned wrongful death attorney. Belal Hamideh stands poised to navigate you through this complex legal process, ensuring that you recover the deserving compensation.
Scheduling a free case evaluation with Belal Hamideh is as simple as sending a message through our website or placing a phone call.
Understanding the Role of a Wrongful Death Lawyer
Experiencing the loss of a beloved due to the reckless behavior of another party can be a deeply painful experience, a depth of emotional turmoil amplified when such tragic circumstances could have been averted. While no amount of financial compensation can truly soothe the anguish nor rectify the immense loss, it’s still crucial to recognize your legal rights in securing financial restitution. Receiving monetary assistance won’t bring back your lost loved one, but understanding your rights can provide some financial relief.
An accomplished attorney like Belal Hamideh, specializing in wrongful death cases, can provide you with the robust legal support needed to seek this financial redress. Such compensation can become a crucial aid in covering hospital bills, funeral costs, and other expenses, offering much-needed stability during these challenging periods.
Belal Hamideh, with a proven track record of handling numerous wrongful death cases, provides invaluable insight that could tip the scales in your favor during your pursuit of justice. Having a seasoned attorney like him on your side, passionately advocating for your case, increases your chance of receiving the most satisfactory compensation for your situation.
Understanding Wrongful Death and Its Legal Implications
In accordance with Californian legislation, wrongful death is defined as a death caused by the wrongful act of another person. These acts range from negligence to intentional harm, all of which could potentially lead to criminal charges against the perpetrator.
If you find yourself grappling with such a daunting situation, you may indeed have a significant claim for wrongful death. If you have doubts about your eligibility to file a lawsuit, a consult with a seasoned attorney like Belal Hamideh could be an invaluable step.
Keys to a Robust Wrongful Death Lawsuit
Building a strong wrongful death claim relies on proving four key elements. First, evidence must show that the defendant’s negligent or reckless behavior contributed to the death of your loved one. If the defendant’s actions played a role in the death, you have a legitimate claim.
Next, it’s vital to establish that the defendant owed a duty of care to the deceased. This duty can vary based on the situation, such as a doctor’s obligation to treat a patient or a driver’s duty to adhere to traffic laws.
Thirdly, you must show that the defendant’s breach of duty directly resulted in your loved one’s death. Lastly, you’re required to present evidence that the death of your loved one resulted in quantifiable damages, including hospital bills, funeral costs, loss of future earnings, and emotional trauma. Other considerations include loss of guidance, protection, and inheritance.
Launching a wrongful death lawsuit can appear intimidating and fraught with potential stumbling blocks. However, hiring a seasoned attorney like Belal Hamideh could be your lifeline. His deep-rooted understanding of California’s wrongful death cases, coupled with his impeccable case management skills, positions Belal as the sturdy representation needed to advocate for the justice your family rightfully deserves.
Unraveling Compensation Aspects in California’s Wrongful Death Situations
A frequently asked question that people ask themselves is – what type of damages can be claimed in a California wrongful death lawsuit? In general, the damages can be categorized into two principal parts – financial and non-financial damages.
Economic damages incorporate measurable expenses like funeral costs, medical bills, and lost earnings, while non-economic damages are more abstract and difficult to measure, such as emotional suffering, loss of companionship, and loss of moral support experienced by the survivors.
Even though placing a value on non-economic damages can be complex, we pledge to guarantee that our clients secure the greatest possible compensation.
Interpreting the Nuances of Anticipated Rewards in Wrongful Death Litigations
The labyrinth of financial remunerations in wrongful death cases is a complex one and can rely on a plethora of factors such as the ill-fated victim’s expected lifespan at the time of the incident and the claimant’s projected lifespan, among others.
Economic losses can include costs for funeral and burial, the income beneficiaries were depending on, deprivation of household services, and hoped-for gifts or benefits from the departed.
On the other hand, non-economic losses take into account the emotional anguish caused by the loss of a loved one. These damages can consist of loss of companionship, protection, love, moral encouragement, guidance, training, and loss of consortium.
Under California law, it’s important to mention that punitive damages are not available in wrongful death circumstances. If punitive damages associated with the same injustice are to be sought after, a survival action must be initiated along with the wrongful death claim.
In the course of your consultation with Belal, he will provide a comprehensive breakdown of the potential outcomes of your case. Leveraging his extensive experience, he will create a strategic plan designed to yield the best possible results for you.
Deciphering the Eligibility for Financial Claims in Wrongful Death Lawsuits
Understanding the legal guidelines that determine who can claim damages in a wrongful death lawsuit is crucial. The direct beneficiaries, typically the surviving spouse and children of the deceased, are usually the ones entitled to initiate a wrongful death claim. In cases where the deceased left no dependents or immediate family, parents can qualify as recipients.
The prerequisites for financial claims in wrongful death scenarios can sometimes be complex, leading to confusion about entitlement and likely compensation. With the guidance of a lawyer who specializes in wrongful death cases like Belal Hamideh, navigating this intricate terrain becomes a whole lot easier.
The Role Our Wrongful Death Attorney in California Plays in Assisting You
The engagement of a legal professional skilled in wrongful death lawsuits can significantly enhance your chances of securing the highest attainable reparation. Belal takes on the task of managing every aspect of your case, aiming to provide you tranquility in such trying times.
Our clients’ well-being is of paramount importance in our handling of all legal matters. Recognizing the weight of decision-making and responsibilities facing grieving individuals, we aspire to shoulder part of their load. Allowing Belal to take charge of your case enables you to concentrate on healing, honoring your departed loved one’s memory, and navigating through the grief process at your own pace.
When we undertake your case, our seasoned team initiates a thorough inquiry into the circumstances surrounding your loved one’s wrongful death. Uncovering the truth about the fatal incident, spotlighting all involved parties, and constructing a convincing case for our clients is at the core of our approach. At times, multiple entities may be guilty of the wrongful death. We are committed to revealing their joint liability and ensuring all parties implicated in the fault face the legal consequences.
Taking an example where a family member dies following a collision with a large truck, we will build a case against all parties involved in the incident. This could involve 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 bearing potential blame. Our primary aim is to uncover the truth to bolster your case.
Throughout this process, we remain at our clients’ side, providing guidance, regular updates, and emotional support each step of the way. Dealing with the loss of a loved one in such a tragic circumstance can be emotionally exhausting. Our mission is to alleviate our clients’ emotional burden by offering clarity, comfort, and hope.
The Laws of Wrongful Death in CA
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.