A wrongful death claim is one that survivors make against a person liable for their loved one’s death. The survivors/the deceased’s loved ones can then receive compensation for economic and non-economic damages. Economic damages include medical costs, hospital fees, funereal costs, and other charges that may have accrued as a result of the accident.
Non-economic damages include that which is more intangible, such as pain, suffering, loss of consortium, and more.
If you believe there’s a chance you may have a case, contact Belal Hamideh, an experienced wrongful death attorney for a free case evaluation.
Experienced Wrongful Death Attorney By Your Side
When tragedy strikes in the form of losing a loved one as a result of someone else’s neglect or recklessness, the grief and pain that accompanies such a situation are immeasurable. The hole left by that person in your life cannot be filled by anything. However, in times of such distress, there might be a glimmer of hope in the form of financial compensation. Now, navigating the complications of a wrongful death case isn’t a task that you should undertake alone, and that’s where Belal Hamideh comes in. This proficient California wrongful death lawyer could be instrumental in guiding you to the compensation you deserve.
Belal Hamideh, equipped with a wealth of experience, is positioned to provide you with aggressive representation. His mission: securing the highest compensation possible for your loss. This financial remuneration can aid in managing funeral costs, taking care of healthcare expenses, compensating for pain & suffering, and more, therefore playing a crucial role in establishing a foundation for your future.
Belal offers an invaluable service of free case evaluations. In these sessions, he will evaluate the worth of your claim and also detail how he plans to support you during such a harrowing time.
Wrongful Death Compensation and Assistance
Compensation includes both economic and non-economic elements. Economic remuneration can cover aspects like medical costs, funeral expenses, loss of income (which also factors in potential income), amongst others.
Non-economic damages are somewhat more difficult to pin down. They include the suffering and pain that accompany such a loss, as well as the lack of guidance and protection. Though intangible and challenging to quantify, Belal Hamideh’s commitment to his clients involves guaranteeing them the maximum amount of compensation in all viable forms.
Notably, punitive damages are excluded under California’s wrongful death law. If punitive damages are your aim, then you would need to pursue a survival cause of action in conjunction with the wrongful death claim if both stem from the same wrongful action.
Belal operates with a high level of transparency, briefing his clients on what to expect from their case, how he aims to support them throughout the process, and his action plan for getting you the compensation you are entitled to.
Wrongful Death: Definitions and How to Prove It
According to California law, a wrongful death is a death that occurs due to the wrongful actions of another individual. These actions could border on negligent, reckless, or even intentional. In cases where the act is intentional, the law permits for criminal prosecution.
Should there be even the slightest chance that your case pertains to wrongful death, it would be advisable to start a wrongful death lawsuit. If there are doubts regarding your eligibility to file a wrongful death case, consulting a proficient lawyer like Belal is recommended.
In order to prove wrongful death, four distinct elements need to be established. The first being that your loved one’s demise is a result of the defendant’s negligence, recklessness or carelessness. It is important to note that the defendant doesn’t have to be wholly responsible for the death of your loved one.
Next, it needs to be shown that the defendant had a responsibility towards your loved one which they failed to uphold. This could be a doctor’s duty to heal, a driver’s responsibility to adhere to traffic rules, and so on.
The third element involves demonstrating a direct link between the defendant’s actions and your loved one’s death. The final element is proof that your loved one’s death resulted in damages that deserve financial compensation.
Belal Hamideh stands by your side throughout this process, representing your interests with fervor to ensure that you have the best chance of a successful outcome.
The Criteria to File a Wrongful Death Lawsuit in California
When it comes to acknowledging who can file a wrongful death lawsuit in California, the privilege is accorded mainly to the surviving spouse and offspring of the deceased. This provision extends to parents in the absence of immediate family members or dependents of the deceased, making them potential beneficiaries. Additionally, descendants or financial dependents could potentially qualify for compensation. The rules around this are anything but simple, and it can get complex very quickly.
Navigating through determining who is eligible for compensation, the extent and the type of it, can be a tough task. Enlisting the assistance of an attorney who is substantially proficient in wrongful death cases increases the likelihood of a favorable outcome.
Financing a Wrongful Death Attorney’s Service: How Does It Work?
Our services are unique in the sense they operate on a contingency fee basis, which translates to no upfront or out of pocket expenses for our clients. The client’s eventual compensation serves as the source of our fee. This is a testament to our commitment to supporting our clients during these difficult times.
The downside to this method is that we receive no payment in the unfortunate event we lose the case. However, we take pride in our remarkable success rate of 99%. While insurance companies may be inclined to limit your payment, we work relentlessly to make sure you receive a fair settlement.
Our network includes medical professionals who operate on a contingency basis as well. If medical attention is needed, they can be a valuable resource as their fee is deducted from your settlement.
The Role of a Wrongful Death Attorney: An Insight
As your legal representative, Belal assumes responsibility for practically every aspect of your case, allowing for a hassle-free litigation process.
From the outset, our well-versed team embarks on thorough investigations into the unfortunate incident leading to the demise of your loved one. Belal and his team work tirelessly to unravel the truth behind the incident, identify all parties liable, and create a convincing case on behalf of our client.
There’s a possibility that more than one party could be held accountable for the wrongful death. In such an event, we ensure that all liable parties face legal action. For instance, if the death resulted from a slipping and falling accident on another’s property, our duty is to build a strong case against all parties involved. This could include the property owner, the person in charge of maintenance, or anyone else accountable for the condition of the property.
Being aware of the emotional distress accompanying the loss of a loved one, we serve as a dependable guide for our clients, offering advice, updates, and support throughout the journey.
A Proven Wrongful Death Attorney in California: Belal Hamideh
Experiencing the loss of a loved one due to someone else’s actions is something no one is ready for. Engaging a lawyer with specialization in wrongful death law helps you to manage everything that needs attention.
In consultation with Belal, he will review your case in detail. Armed with his vast experience, he is prepared to fight hard for your rights and ensure you are awarded the maximum compensation for your ordeal.
To schedule a free case evaluation, get in touch with us via our website or call.
Key Legal Provisions for Wrongful Death Claims (Survivor Rights)
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code of Civil Procedure – CCP § 377.60
- This section clarifies who can file a wrongful death lawsuit, ensuring that surviving family members have legal standing. It’s the foundation for protecting survivor rights.
CCP § 377.60: Defining Eligible Claimants (Survivor Context):
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 of Civil Procedure – CCP § 335.1
- This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for survivors seeking legal recourse.
CCP § 335.1: Statute of Limitations:
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
- This code guides courts in determining ‘just’ compensation, encompassing both economic and non-economic damages to support survivors. It’s about recognizing the full impact of the loss on those left behind.
CCP § 377.61: Awarding Just Damages (Survivor Support):
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
- This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they impact survivors.
CCP § 377.34: Limitations on Damages (Survivor Considerations):
(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.
Schedule a free case evaluation today and take the first step toward finding justice and healing
Understanding the meaning of a wrongful death claim is the first step toward seeking justice and support for survivors. Research from the National Center for Health Statistics demonstrates that bereavement significantly increases the likelihood of depression and anxiety among survivors. These statistics highlight the widespread impact of wrongful death and the importance of providing comprehensive support to those left behind.
To gain a deeper understanding of the legal aspects, it’s essential to consult authoritative resources. The California Courts’ Self-Help Guide provides clear definitions and explanations of wrongful death claims and related legal processes. This resource, combined with the guidance of a compassionate wrongful death attorney like Belal Hamideh, can help survivors navigate the legal landscape and secure rightful compensation.
Remember, a wrongful death claim is not just about financial recovery; it’s about acknowledging the profound loss and providing survivors with the resources they need to rebuild their lives. Research from the American Foundation for Suicide Prevention highlights the importance of addressing the emotional and psychological needs of those affected by wrongful death.
If you’re a survivor seeking clarity and support, don’t hesitate to reach out. Belal Hamideh offers compassionate and effective representation, ensuring your rights are protected and your well-being is prioritized.