You can recover economic and non-economic compensation.
The former includes compensation that is tangible in nature, such as medical bills, funeral costs, and the lost earnings you would have accumulated.
Non-economic compensation includes the intangible detriments of your situation, ranging from emotional trauma to the deprivation of guidance and assurance. Though measuring these non-monetary losses might be complex, we are devoted to maximizing every facet of your claim.
It’s important to note that California’s wrongful death law does not provide for punitive remedies. However, if you are interested in pursuing such damages, a survival action can be brought in conjunction with your wrongful death action, given they both stem from the same incident.
With Belal in your corner, you’ll find clear guidance through this tedious process and reliable support throughout your case. Drawing from his considerable experience, Belal will devise a strategy specifically tailored to your situation, all to assist you in securing your rightful compensation.
If you have a case, we recommend that you reach out to Belal Hamideh, an experienced wrongful death lawyer.
What a Wrongful Death Lawyer Can Do
Have you ever found yourself navigating the unending distress of losing a cherished one due to someone else’s reckless act? There’s no substitute for the loved ones we lose, and no amount of appeasement can ever mollify their absence. However, if their untimely departure was a direct result of someone else’s carelessness or heedlessness, you may be entitled to financial restitution. This is where Belal Hamideh steps in, a distinguished practitioner of wrongful death law in California, primed to help you secure the compensation you deserve.
Drawing from a deep well of professional experience, Belal offers assertive representation, ensuring you receive the highest possible remuneration for your loss. This compensation can prove instrumental in covering the diverse costs ranging from funeral expenses, healthcare bills, to solace for pain & suffering, building a financial cornerstone for your future.
Belal invites you to take advantage of a complimentary case review, wherein he will evaluate your claim and its worth. Alongside this assessment, Belal is poised to walk you through this daunting phase of your life, extending much-needed support.
In a wrongful death case, what sort of compensation is foreseeable?
You are eligible to seek both economic and non-economic compensation. Economic compensations cover expenses such as medical costs, funeral expenses, loss of income, potential earnings, and more. Moving the spotlight to non-economic damages, these encompass pain, suffering, loss of guidance, protection, and other forms of indirect loss. Even though non-economic damages pose a challenge in evaluation, we stand committed to procuring the highest possible compensation for our clients, ensuring that justice prevails in every form.
It is important to note that punitive damages are not recognized under California’s wrongful death law. However, if you desire to pursue punitive damages, a survival cause of action can be initiated alongside the wrongful death claim, given they stem from the same wrongful deed.
With Belal on your side, you can expect complete transparency on what to expect from your case. Furthermore, he provides a concrete plan of action derived from years of experience, ensuring you are well-equipped to obtain the compensation you deserve.
Understanding and proving a wrongful death
As per Californian law, a wrongful death transpires when one’s death is the product of another’s wrongful conduct ranging from reckless, negligent to intentional acts. If the act was deliberate, there is a potential for criminal prosecution.
If there’s even a slither of possibility that this resonates with your reality, you may have a viable wrongful death lawsuit on your hands. To dispel any uncertainties about your eligibility to pursue a wrongful death case, it is strongly advised to consult a proficient lawyer.
To successfully argue a wrongful death, you need to present the following elements. Primarily, you need to establish that your loved one’s passing was directly attributable to the defendant’s negligence, recklessness, or carelessness. Additionally, it’s crucial to demonstrate that the defendant owed a duty to your loved one which was violated. For instance, a physician is obliged to provide treatment, a motorist to abide by traffic laws, etc.
Moreover, you need to illustrate the direct correlation between the defendant’s actions and your loved one’s death, corroborated by evidence that your loved one’s passing has incurred damages deserving of compensation.
Rest assured, Belal will represent you with unmatched assertiveness, maximizing your chances of securing a favorable outcome.
Filing a Wrongful Death Claim in California: Understanding Your Rights
In the Golden State of California, those eligible to file a wrongful death suit are primarily the surviving spouse and children of the deceased individual. In scenarios where the departed had no immediate kin or dependents, the parents can step in as beneficiaries. Other relatives and financial dependents can also be considered eligible to seek compensation. The breadth of potential claimants is extensive and can quickly morph into a complex matter.
Understanding who is eligible for compensation, to what extent, and what potential rewards can be claimed is no easy task. However, guidance from an attorney deeply familiar with the nuances of wrongful death cases can significantly improve the likelihood that proceedings will align with your desired outcomes.
Affording Legal Assistance for a Wrongful Death Claim: Contingency Fees Defined
Our legal services are provided on a contingency basis, which means clients are not required to front the costs directly from their pockets. Instead, our remuneration comes from the eventual settlement or reward won in the case, giving our clients one less thing to worry about during this challenging period.
In the unlikely event of losing a case, our services come at no cost to you. Our firm maintains an exceptional 99% success rate against insurance companies who may aim to limit your final payout. We are committed to helping you receive full and fair compensation.
As part of our support, we also partner with medical professionals who operate on a similar contingency basis, offering you the necessary medical care and deducting their fees from the settlement.
The Role of a Wrongful Death Attorney: Ensuring Compensation
When you engage the services of Attorney Belal Hamideh, you gain an experienced ally who will comprehensively manage your case, providing you with peace of mind.
For instance, as soon as we represent you, our highly skilled team conducts exhaustive investigations into the circumstances surrounding your loved one’s death. Belal Hamideh and our dedicated team unearth the reality of the events, identify all culpable parties, and construct a strong representation on behalf of our client.
Given the multitude of parties potentially implicated in a wrongful death incident, we ensure that all accountable parties are identified and held liable. In a case where a loved one’s passing was due to a slip and fall accident on another’s property, we’re prepared to build a formidable case against all parties involved, including the property owner and those responsible for maintenance.
We understand the emotional toll of dealing with a tragic loss under these circumstances and aim to mitigate your stress. We serve as a steady support system for our clients, constantly providing enlightening guidance, updates, and backing throughout the process.
Belal Hamideh: The Go-To Legal Advisor for Wrongful Death Claims in California
Coping with the loss of a loved one due to another party’s negligence is an overwhelming experience. Having an attorney like Belal Hamideh, who is well-versed in handling wrongful death cases, will allow you to focus on personal matters while we focus on your legal ones.
Belal Hamideh, with his vast knowledge in this domain, will fight tirelessly for your cause, ensuring the maximum compensation for your loss. Upon initial consultation, Belal will review your case meticulously and strategize on the best course of action.
To schedule a free case evaluation, please contact us via our website or via a phone call. Trust in us to handle your claim professionally and compassionately.
Key Legal Provisions for Wrongful Death Compensation Claims:
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 (Compensation Context):
- This section clarifies who can file a wrongful death lawsuit and seek compensation, ensuring that eligible family members have legal standing. It’s the foundation for understanding who can claim compensation.
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.
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.
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.
CCP § 377.61: Awarding Just Damages (Compensation Details):
- This code guides courts in determining ‘just’ compensation, encompassing both economic and non-economic damages. It’s about recognizing the full financial and emotional impact of the loss.
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.
CCP § 377.34: Limitations on Damages (Compensation Considerations):
- This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they impact compensation claims.
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.
Securing Financial Recovery and Stability
Understanding wrongful death compensation is not just about legal entitlements; it’s about securing financial recovery and stability for those left behind. With the Economic Policy Institute reporting that the median retirement savings for an average American family hovers around $5,000, it’s clear that half of all families are incredibly vulnerable to financial hardship following the loss of a loved one. These statistics also highlight the critical importance of adequate compensation in ensuring families can navigate the financial aftermath of a wrongful death.
To gain a comprehensive understanding of the compensation process, it’s essential to consult authoritative resources. The California Department of Insurance provides information on insurance claims and settlements, which are often relevant in wrongful death cases. This resource, combined with the personalized guidance of a dedicated wrongful death attorney like Belal Hamideh, can help you maximize your compensation.
Remember, wrongful death compensation is not just about replacing lost income; it’s about acknowledging the full scope of your losses and providing a foundation for your future. Research from the National Endowment for Financial Education highlights the importance of financial planning and stability for those affected by wrongful death.
If you’re seeking financial recovery and stability after the loss of a loved one, don’t hesitate to reach out. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and your financial needs are met. Schedule a free case evaluation today and take the first step toward securing your financial future.