The procedures for determining compensation in a wrongful death case are multifaceted, encompassing various factors. These could include the age of the individual who has tragically passed away, as well as their income. Every case varies in its circumstances and context, although typically higher settlements are associated with those victims who are younger.
Regardless of the age of your loved one, if their passing was brought about as a result of irresponsible and/ or reckless actions of another party, there could be a potentially viable case. It would be of immense value to consult with Belal Hamideh, an experienced wrongful death attorney, for an evaluation of your case free of any charges.
A Wrongful Death Lawyer With Experience
The loss of a beloved individual due to the carelessness or reckless behavior of someone else is a profoundly distressing event. The person lost signifies a unique, irreplaceable aspect of our existence that leaves a void which can never truly be filled. In such moments of adversities, however, there might be an entitlement to financial aid. Belal Hamideh, a trustworthy attorney with a profound understanding of wrongful death cases in California, can guide you in the process of availing this support.
Belal’s substantial knowledge and understanding of the field empower him to act as a robust advocate on your behalf, arguing fervently to secure the maximum possible financial restitution for your loss. This financial assistance can provide financial relief for various expenses, including funeral costs, medical bills, and emotional distress. This could lay the foundations for the rebuilding of your future.
Belal offers free case evaluations. During these assessments, he provides an approximation of the potential worth of your claim and outlines how he can aid you during these troublesome times.
Compensation for Wrongful Death
So, what does a wrongful death settlement include? It can encompass both economic and non-economic compensation. Economic compensation covers tangible expenses such as funeral costs, medical bills, lost earnings, among others. Non-economic compensation pertains to intangible damages such as emotional distress, loss of guidance, and more. Despite the challenges of quantifying these non-economic damages, we promise to work relentlessly to secure the maximum feasible compensation for our clients in all potentially viable areas.
It’s crucial to bear in mind that under the legal guidelines of California, punitive damages are not included in wrongful death claims. If you wish to pursue such damages, it would be necessary to initiate a survival cause of action alongside your wrongful death claim, provided both claims are linked to the same wrongful act.
During your consultation with Belal, he will provide clarity on what to anticipate from your case and how he can support you in navigating through it. His strategy will be designed based on his vast understanding and experience to assist you in securing your rightful restitution.
So, what is the definition of wrongful death according to California law, and how can it be substantiated? Wrongful death is the undesirable result when someone loses their life due to the inappropriate actions of another, which could vary from irresponsible and reckless behavior to intentional acts. If the act was intentional, there might also be corresponding criminal prosecution charges.
If you think this definition might apply to your situation, you could potentially have a valid wrongful death lawsuit. It is strongly advised to seek consultation from a lawyer knowledgeable in the field to clear any doubts about your eligibility to file such a claim.
What Has to Be Proven in Wrongful Death
In the instance of a wrongful death claim, there are four pivotal elements that need to be established. First and foremost, it must be proven that the defendant acted negligently or recklessly, and these actions significantly contributed to your loved one’s passing. Secondly, it must be highlighted that the defendant had a duty of care towards your loved one, a duty they failed to uphold. Additionally, the direct correlation between the defendant’s actions and the premature death of your loved one need to be unarguably proven. Lastly, it must clearly be demonstrated that the death brought about damages that warrant compensation.
Belal provides unwavering representation for your interests, to increase the chances of a positive outcome as much as possible. His relentless advocacy could provide you the push you need to get through this distressing time.
Identification of Who Can File a Wrongful Death Lawsuit in California
Determining who can file a wrongful death lawsuit in California involves specific guidelines. California law typically designates the surviving spouse or children of the deceased as the primary filers. If there are no immediate family members or dependents, the deceased’s parents may be entitled to benefit from the claim. In certain situations, a broader group of descendants or even financial dependents may be deemed eligible to seek compensation. However, the seemingly wide scope of these eligibility parameters should not be misinterpreted as simplicity; the process can quickly escalate in complexity.
Decoding who is entitled to what kind of compensation can be an intricate task. Seeking consultation from an attorney, well versed in wrongful death cases, can significantly enhance the likelihood of the case outcome aligning with your preferences.
Determining the Legal Fee for a Wrongful Death Lawyer
Our services are provided on a contingency fee basis, meaning that our clients are not required to make advanced payments, or carry any financial burden. Alternatively, our fee is taken from either the final agreed settlement or the wins attributed to our clients. We perceive this as another way of offering support to our clients during this challenging phase in their life.
We wish to highlight that, should we not win the case, no payment is expected from our clients for our services. However, please be assured, our success rate is a commendable 99%. No matter the attempts made by insurance companies to limit your award, our commitment is to ensure that you receive what is rightfully yours.
Partnering with this, we collaborate with an assortment of medical professionals who, like us, operate on a contingency basis. We provide referrals for necessary medical care, costs of which are deducted from your settlement.
The Role of a Wrongful Death Lawyer
By engaging Belal’s services, he takes on the responsibility for nearly every aspect of your case, lifting that weight from your shoulders.
From the outset of our representation, our adept team commences a comprehensive investigation into every aspect of your loved one’s wrongful death. Belal, along with his team, unravels the facts, identifies all parties liable, and constructs a compelling case to vehemently defend our client’s interests.
There may be instances where the responsibility for the wrongful death is shared by multiple parties. Our commitment guarantees that all the liable parties are pursued through legal action. For instance, if the unfortunate incident occurred due to a slip and fall accident on someone else’s property, we will construct an unshakeable case against all parties involved. This may include the property owner, the entity responsible for maintenance, or anyone who had the obligation to ensure safety.
Understanding the emotional upheaval that accompanies the loss of a loved one under such tragic circumstances, we aim to provide consistent support. Providing guidance, regular updates, and a compassionate presence from the start to finish for our clients.
A Wrongful Death Lawyer in California Who Can Help
Experiencing the tragic loss of a loved one due to someone else’s negligence is emotionally shattering, leaving you in a state where nothing seems to comfort your despair. In such complex times, the support and guidance of a legal professional specialized in wrongful death cases become indispensable. This is where Belal Hamideh comes into play, offering you the unwavering focus and aid that you need to sail through the multitude of legal matters that require attention.
From the moment you first consult with Belal, he absorbs every detail of your case, ensuring nothing slips through the cracks. With extensive knowledge and skills under his belt, Belal becomes your staunchest ally, tenaciously striving to secure the maximum compensation that your loss and suffering warrant.
Making an appointment for a no-obligation case evaluation is a seamless process. Either reach out to us through our virtual platform or make a phone call and we will be at your service.
Legal Cornerstones of California Wrongful Death Claims
Understanding these laws can aid you in your situation. For any additional inquiries, get in touch with Belal, who will provide comprehensive answers to assure your understanding.
These laws may pertain to your situation. If you have further questions, contact Belal.
CCP § 377.60: Defining Who Can Seek Justice:
This statute clarifies who has the right to file a wrongful death lawsuit, ensuring that those most directly affected – spouses, children, and dependents – have a legal avenue for recourse. It’s the foundation for ensuring justice is accessible to those who need it most.
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.
CCP § 335.1: The Timeframe for Action:
This section sets the two-year statute of limitations, reminding us that while grief takes time, legal action requires timely pursuit. It’s a critical deadline to be aware of.
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.
CCP § 377.61: Securing Just Compensation:
This guides the courts in determining ‘just’ damages, acknowledging that compensation extends beyond financial losses to encompass the profound impact of losing a loved one. It’s about recognizing the true cost of loss.
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.
CCP § 377.34: Understanding Limitations on Damages:
This code helps to define what damages can and cannot be recovered, distinguishing between those damages the deceased sustained before death, and those damages the living sustained due to the loss of the deceased. It is important to know the difference between a survival action and a wrongful death 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.
Beyond the Law
Navigating the aftermath of a wrongful death is akin to traversing a landscape forever altered. While the legal framework, as outlined in California’s statutes, provides a pathway to justice, it’s the human element – the understanding, the advocacy, the unwavering support – that truly makes a difference. Belal Hamideh, beyond his legal expertise, offers a beacon of hope in these darkest of times. He doesn’t just represent you; he stands with you, ensuring your voice is heard and your loss is acknowledged with the gravity it deserves.
If you’re facing this unimaginable challenge, remember that seeking clarity and support is not a sign of weakness, but a testament to your strength. Reach out, and let Belal help you find a path forward, not just through the law, but through the healing process itself.