Determining wrongful death compensation, the calculation of wrongful death benefits, takes many factors into account, such as the age as well as the income of the deceased. Every case is different, yet, cases where the victim is younger tends to lead to a more significant settlement for the survivors.
Regardless of your loved one’s age, if someone else’s negligent and/or reckless act led to the passing of your loved one, you may have a case. We encourage you to reach out to Belal Hamideh, wrongful death lawyer, for a free case evaluation.
How a Wrongful Death Attorney Can Help
Experiencing the heartbreaking loss of a loved one due to the oversight or negligence of another is a profound tragedy. The void left by this loss can never truly be filled; our loved ones hold a unique, irreplaceable place in our hearts. Yet, in the midst of this unimaginable hardship, you might be entitled to financial assistance. Belal Hamideh, a dependable attorney specializing in wrongful death matters in California, can guide you through the process of obtaining this support.
Wrongful Death Compensation
Belal’s breadth of knowledge in this field enables him to act as a potent advocate on your behalf, advocating forcefully to secure the most substantial possible compensation for your loss. This financial assistance can cover various costs such as funeral expenses, medical bills, and emotional suffering, and it might serve as a stepping stone towards reconstructing your future.
He offers the provision of complementary case reviews, during which he can provide an evaluation of your claim’s worth and explain how he can assist you during this challenging period.
So, what exactly is encompassed in a wrongful death settlement? Compensation can be both economic and non-economic. Economic compensation covers tangible costs like medical expenses, funeral costs, lost earnings, and similar expenditures. Non-economic compensation, on the other hand, pertains to intangible damages such as emotional suffering, loss of guidance, and more. Despite the difficulty in assigning a monetary value to these non-economic damages, we vow to strive tirelessly to obtain the maximum feasible compensation for our clients in all viable areas.
However, it’s essential to note that under California law, punitive damages are excluded from wrongful death claims. If you’re seeking such damages, a survival cause of action must be initiated alongside your wrongful death claim, provided both claims arise from the same wrongful act.
Upon your consultation with Belal, he will shed light on what to expect from your case and how he can bolster your journey through it. His course of action will be devised based on his extensive understanding to aid you in securing your rightful compensation.
Proving Wrongful Death in California
Simply put, a wrongful death occurs when someone’s life is lost due to the wrongful act of another, which can range from negligent and reckless behavior to intentional acts. If the act was intentional, it might result in criminal prosecution as well.
If you believe this definition may apply to your circumstances, you could potentially have a viable wrongful death lawsuit. Seeking advice from a knowledgeable lawyer is strongly recommended to clarify any uncertainties about your eligibility to submit such a claim.
To prove a wrongful death claim, four vital components must be evidenced. The first is proving that the defendant’s negligence or reckless behavior resulted in the demise of your loved one. Next, it must be established that the defendant had a certain duty towards your loved one, which was violated. Additionally, it must be demonstrated that the defendant’s actions directly caused your loved one’s untimely death, and finally, that the death resulted in damages that justify compensation.
Belal will represent your interests as fervently as possible to afford you the highest likelihood of a favorable outcome. His robust representation can be the driving force you need to navigate through this challenging period.
Who is Permitted to File a Wrongful Death Lawsuit in California
In the state of California, it is typically the surviving spouse or offspring of the deceased who are privileged to file a wrongful death lawsuit. If there happen to be no immediate family members or dependents, then the deceased’s parents may be entitled to stand as beneficiaries. A wider group of descendents, or even financial dependents, might also be deemed suitable to apply for compensation in some situations. However, such broad parameters should not be mistaken for simplicity, as the process can quickly become complex.
Deciphering who is entitled to what kind of compensation can often prove to be a confusing task. A consultation with an attorney adequately experienced in wrongful death cases can significantly improve the chances of the case outcome aligning with your preferences.
Wrongful Death Lawyer Compensation
We offer our services on the basis of a contingency fee. This means that our clients are not expected to provide payment up front, or to be financially burdened in any way. Alternatively, our fee is deducted from the final settlement agreed upon or the winnings attributed to our clients. We see this as another means of supporting our clients through this challenging period of their lives.
We would like to emphasize that if we fail to win the case, no payment is required from the clients for our services. Although, please be assured, our success rate stands at a stalwart 99%. Despite any efforts by insurance companies to limit your reward, we are committed to ensure that you receive what is rightfully yours.
In conjunction with this, we are partnered with a network of medical professionals who, just like us, operate on a contingency basis. We can provide referrals for necessary medical care, the cost of which will be deduced from your settlement.
The Role of a Wrongful Death Attorney
When you enlist the services of Belal, he assumes responsibility for virtually every aspect of your case, in order to unload that burden from your shoulders.
From the commencement of our representation, our proficient team embarks on in-depth investigations into every facet of your loved one’s wrongful death. Belal, alongside his team, uncovers the truth, identifies all parties that bear responsibility, and crafts a robust case to represent the interests of our clients.
It is a possibility that multiple parties share responsibility for the wrongful death, and our dedication ensures that all liable parties are pursued through legal action. For example, if your loved one’s passing was as a result of a slip and fall accident on another’s property, we will build a steadfast case against all involved parties. This could include the property owner, the party responsible for maintenance, or anyone whose responsibility it was to maintain safe conditions.
We understand the emotional turmoil that accompanies the loss of a loved one under tragic circumstances. We strive to provide a consistent pillar of support for our clients, offering guidance, updates, and a compassionate presence from start to finish.
Wrongful Death Attorney – Belal Hamideh in California
Experiencing the loss of a loved one due to the fault of another individual is a traumatic event for which nothing can truly prepare you. Enlisting the services of an attorney specialized in wrongful death cases can offer you the focus and support necessary to navigate everything else that needs to be managed.
Upon your initial consultation with Belal, he will thoroughly review the details of your case. Armed with a wealth of experience, he will be your strongest advocate, pushing forward in securing you the maximum compensation for all you have suffered.
To schedule a no-obligation case evaluation, reach out to us through our website or make a call.
Key Legal Provisions for Wrongful Death Compensation Calculations
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60: Defining Eligible Claimants (Calculation Context):
- This section clarifies who can file a wrongful death lawsuit and seek compensation, which is essential for calculating damages. It’s the foundation for determining who can claim compensation.
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.
CCP § 335.1: Statute of Limitations:
- This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for pursuing compensation calculations.
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.
CCP § 377.61: Awarding Just Damages (Calculation Details):
- This code guides courts in determining ‘just’ compensation, which involves complex calculations of economic and non-economic damages. It’s about recognizing the full impact of the loss.
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.
CCP § 377.34: Limitations on Damages (Calculation Considerations):
- This section clarifies the types of damages recoverable, which impacts the calculations of compensation.
(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.
Ensuring Fair Compensation and Future Security
Understanding how wrongful death compensation is calculated is crucial for ensuring fair compensation and future security for survivors. According to the Department of Justice, the economic value of a lost loved one can be calculated using factors like age and earning potential. These statistics highlight the importance of accurate calculations in determining the true value of a wrongful death claim.
To delve deeper into the factors influencing wrongful death compensation, it’s essential to consult authoritative resources. The California Courts’ Self-Help Guide provides insights into damages and compensation in civil cases. This resource, combined with the comprehensive analysis of a seasoned wrongful death attorney like Belal Hamideh, can help you understand the complexities of your case.
Remember, wrongful death compensation is not just about numbers; it’s about acknowledging the irreplaceable value of a lost life and providing a foundation for the future. Research from the American Bar Association emphasizes the importance of accurate and fair compensation in wrongful death cases.
If you’re seeking clarity and fair compensation after the loss of a loved one, don’t hesitate to reach out. Belal Hamideh offers compassionate and thorough representation, ensuring your rights are protected and your financial needs are met.