The most common causes of wrongful death, the most common wrongful death factors, are accidents. These include vehicular accidents, such as car accidents, truck accidents, motorcycle accidents, bike accidents, pedestrian accidents, and the like.
Common factors of wrongful death also include accidents at work, defective products, intentional acts, and more.
If you believe that you may have a wrongful death case, contact Belal Hamideh for a free case evaluation. An experienced wrongful death attorney, he may be able to help.
What a Wrongful Death Attorney Can Do
Has a loved one in your life been unfairly taken away due to the recklessness or negligence of another? The people we hold dear are invaluable and their loss is irreparable. When their demise is a consequence of someone else’s incaution, you could be eligible for financial restitution. Belal Hamideh, a skilled wrongful death attorney in California, is at your service to assist you in securing this restitution.
Utilizing his broad exposure in legal matters, Belal can assure you of robust representation. This will secure maximum achievable compensation for your loss. This compensation can assist you to finance funeral costs, medical bills, mental anguish, and other related expenses, thus working as a cornerstone for your future stability.
Belal extends an offer for free case reviews. He will assess the value of your claim and provide guidance on how he can uphold your interests during this challenging time.
What is the Compensation Scenario in a Wrongful Death Case?
You may be awarded both economic and non-economic compensation. Economic compensation can entail medical bills, funeral expenditures, lost income (including prospective earnings), among other costs.
Non-economic damages include mental distress and the loss of guidance, protection, and more. Quantifying non-economic damages can be complex. However, we are firmly committed to attaining the highest possible financial relief for our clients in every conceivable form.
California law does not encompass the provision of punitive damages in cases of wrongful death. If you wish to claim punitive damages, a survival cause of action should be pursued in conjunction with the wrongful death suit if both originate from the same wrongful act.
During your consultation phase with Belal, he will provide clear insights on what to expect from your case. He will detail the approach he can adopt, built upon years of legal practice, to assist you in acquiring compensation.
What Defines a Wrongful Death & How Can it be Substantiated?
As defined by California law, a wrongful death occurs when someone’s demises due to another party’s wrongful conduct. The act may range from negligence and recklessness to intentional wrongdoing. If the act is definitively deliberate, it could potentially lead to criminal prosecution.
If you think that your situation even remotely resonates with the criteria for wrongful death, chances are you could have a valid wrongful death lawsuit. To dispel any uncertainties about your entitlement to file a wrongful death case, it is advisable to seek counsel from a seasoned lawyer.
Substantiating wrongful death necessitates presenting four separate factors. Firstly, you must prove that the demise of your loved one was a direct result of the accused’s negligence, recklessness, or carelessness. It should be noted that the defendant does not need to bear the entire responsibility for the demise of your loved one.
Secondly, it must be demonstrated that the defendant owed a duty to your loved one and that this duty was violated. For instance, a doctor has a duty to treat, a driver has a duty to obey traffic rules and so on.
Thirdly, you should demonstrate that the defendant’s action directly led to your loved one’s demise. Lastly, you must prove that the death of your loved one resulted in damages that justify compensation.
Belal will assertively fight for your interests, using his skills to maximize the chances for a favorable outcome in your case.
Understanding Wrongful Death Lawsuits in California
As somber as it may be, the reality of wrongful death cases is crucial to explore, particularly when determining who has the legal standing to file a suit. Surviving spouses and offspring of the deceased top the list of beneficiaries with the right to file. However, the mandate widens to include parents in cases where the deceased had no immediate family or dependents. Additionally, other financial dependents or descendants can be considered eligible for compensation.
The above representations paint a broad picture that could consequently get complex rapidly. Deciphering who stands eligible for compensation, the extent of that compensation, and what forms of redress the law allows can be a labyrinth. This is where consulting with a lawyer who has a deep understanding and extensive engagement in wrongful death cases becomes a fundamental necessity.
Responsive Legal Services on a Contingency Basis
Our commitment to supporting our clients right from the onset has led us to adopt a contingency fee basis for our services. This strategy exonerates our clients from monetary pressures of upfront payments or similar financial obligations. Our fee simply comes from the eventual settlement or winnings you receive.
With this system in place, we only get paid if we win the case. This assertion becomes more profound bearing in mind that we have a 99% success rate. We remain steadfast in ensuring you get all you deserve, even as insurance companies work round the clock to minimize your payment.
Additionally, we have a network of medical professionals who operate under a similar contingency basis. When need be, we can provide referrals to help you get the medical care you require, with their compensation also stemming from your settlement.
Navigating the Legal Landscape
When you choose to enlist Belal’s services, you are essentially unburdening yourself of the technicalities that come with wrongful death cases. Belal becomes the custodian of your case, managing every detail, thus relieving you of the strain it may come with.
For instance, our diligent team embarks on detailed investigations into the circumstances surrounding your loved one’s demise immediately we start representing you. The mission is to find the truth by identifying all parties involved and creating a robust case on your behalf.
In the course of our pursuit for justice, we determine all parties accountable for the wrongful death, ensuring they all face legal action. Whether the death was due to a slip and fall accident on someone’s property, we will go after each party responsible, including the property owner, the party in charge of maintenance, and those liable for the conditions.
Losing a loved one in such circumstances is undoubtedly distressing. That is why we strive to act as your dependable pillar, offering guidance, updates, and comprehensive support throughout the legal process.
Belal Hamideh – A Legal Ally in Wrongful Death Cases
The reality of losing a loved one due to someone else’s negligence is hard to fathom. This is where the assistance of a lawyer who is well-versed in wrongful death cases becomes instrumental. Belal’s vast experience will ensure you concentrate on dealing with all the other aspects of your life while he fights effortlessly for you.
During your consultation with Belal, he will thoroughly analyze your case, adopting an aggressive approach to ensure you secure the maximum compensation you deserve. To book a free case evaluation, you can message us through our website or give us a call.
Essential Legal Provisions for Wrongful Death Claims
(Accident Factors)
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 (Accident Context):
- This section clarifies who can file a wrongful death lawsuit, ensuring that families affected by accidents have legal standing. It’s the foundation for seeking justice in accident-related cases.
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 in accident-related cases.
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 (Accident Factors):
- This code guides courts in determining ‘just’ compensation, encompassing both economic and non-economic damages related to accidents. It’s about recognizing the full impact of accident-related losses.
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 (Accident Context):
- This section clarifies the types of damages recoverable, which is particularly important in cases involving accidents and negligence.
(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.
Seeking Justice, Promoting Safety
The reality of wrongful death is a stark reminder of the fragility of life and the importance of accountability. Concerningly, workplace fatalities in California have seen an increase, with National Safety Council data revealing a substantial rise in unintentional overdoses, accounting for over 18% of all workplace deaths in the state in 2021. . These statistics underscore the prevalence of preventable deaths and the necessity for legal recourse.
To understand the specific factors that contribute to wrongful death, it’s essential to consult authoritative resources. The California Office of Traffic Safety provides data on vehicular accidents and their causes. This information, combined with the expertise of a seasoned wrongful death attorney like Belal Hamideh, can help you navigate the complexities of your case.
Remember, pursuing a wrongful death claim is not just about seeking compensation; it’s about advocating for safer environments and preventing future tragedies. Research from the Centers for Disease Control and Prevention highlights the importance of raising awareness and implementing safety measures.
If you’ve lost a loved one due to preventable circumstances, don’t let their death be in vain. Belal Hamideh offers compassionate and aggressive representation, ensuring your voice is heard and your rights are protected. Schedule a free case evaluation today and take the first step toward seeking justice and promoting safer communities.