Yes, it is possible to file a successful wrongful death case against a hospital. You may have a strong case if factors were involved such as the medical professionals exhibited a disappointing disregard for the patient, reflecting an apparent lack of responsibility.
Or, alternatively, that the hospital administration seemingly failed in their duty to effectively employ and oversee their staff members. Perhaps they demonstrated an inadequate level of concern towards the upkeep of crucial equipment, adding to the undermining of patient care.
It could be that this lack of supervision on how healthcare services were being administered within the premises reflects a significant shortfall in ensuring an environment of safety and dedication that should be the core of any health institution.
The right wrongful death attorney could help to prove all of that, so that you could receive the compensation you and your family deserve. Schedule a free case evaluation with Belal through our site or by calling.
Wrongful Death Attorney by Your Side
Have you experienced the heart-wrenching agony of losing a dear one due to the careless acts of another person? The individuals who touch our lives in profound ways are truly irreplaceable. No material possession can ever fill the void left by their untimely departure. However, if the demise of your loved one is as a result of someone else’s negligence, you could be legally eligible for financial compensation. Enter Belal Hamideh, an attorney who specializes in wrongful death cases in California. Belal can guide you through the complex process so as to secure the rightful compensation you need and deserve.
With a wealth of experience under his belt, Belal Hamideh skillfully navigates the intricacies of wrongful death lawsuits to guarantee you a robust representation that aims for the most equitable settlement for your loss. This financial compensation is an essential aid in managing funeral expenses, healthcare bills, distress, and other associated costs. It serves as a crucial step in your path towards rebuilding and starting afresh.
Belal also offers complimentary case evaluations to provide a preliminary view of the potential claim, its worth, and the necessary steps he can undertake to assist you during this challenging period.
What Kind of Compensation can be Recovered in a Wrongful Death Case?
There are two types of compensatory damages: economic and non-economic. Economic damages might cover medical expenses, funeral costs, loss of income (both current and future), and more.
Non-economic damages, on the other hand, account for emotional distress, pain, suffering, loss of companionship, guidance, and so forth. While calculating non-economic damages presents its own challenges, Belal and his team are devoted to maximizing potential compensation in every feasible manner.
Unfortunately, punitive damages are not covered under California’s wrongful death statute. To pursue punitive damages, one must initiate a different lawsuit, known as a survival action, concurrently with the wrongful death claim.
When you consult with Belal, he’ll provide a clear perspective on what to expect from your lawsuit and how he can aid in your case. He will devise a strategy based on his prolific experience to help you in securing your rightful compensation.
How to Establish a Wrongful Death Case?
According to Californian law, a wrongful death occurs when a person’s death results from the wrongdoings of another person. This can range from reckless, negligent to deliberate deeds. If the act is intentional, the accused may face criminal charges.
If you suspect that the unfortunate death of your loved one falls into this category, it is highly advisable to consult with Belal immediately.
In order to prove wrongful death, four distinct elements need to be established. The death of your loved one should be a direct result of the defendant’s negligent or reckless behavior. It’s crucial to remember here that the defendant does not need to bear complete responsibility for the death.
Further, it must be proven that the defendant owed a duty of care to the deceased, which was subsequently broken. For instance, a physician has an obligation to cure, a driver to abide by traffic laws.
Lastly, you must provide evidence that the defendant’s actions directly led to your loved one’s demise and that the death resulted in damages that require financial restitution.
Belal Hamideh will ardently represent you throughout this process to ensure you have the highest chance of securing justice for your loss.
The Path to Filing a Wrongful Death Claim in California
Deciphering the intricate details of wrongful death lawsuits in California is no easy task. The rules dictate that living spouses and offspring are eligible to take action. However, if there are no immediate family members or dependents, the parents of the deceased can step into this role. Other potential candidates could be different descendants or individuals who happened to be financially reliant on the deceased. These provisions should be understood in their simplest form, but their application could easily become a complex matter.
Establishing who can claim, the extent of the possible claim, and what the claim can entail are questions that often brew uncertainty. In tackling such confusion, a consultation with a lawyer who has a deep understanding of wrongful death laws can be a beacon of hope. This approach significantly amplifies the chances of the case unfolding as desired.
Post-Hiring: Making Payments to a Wrongful Death Lawyer
Instead of a standard payment model, we use a contingency fee basis for our services. This implies that our clients are exempt from upfront charges, or any form of pre-payment. In contrast, we receive a percentage of the settlement or the court’s verdict. We regard this feature as an added layer of support for our clients during this emotionally draining phase.
This contingency means that if the case is lost, we won’t receive any payment for our work. Rest assured, we triumph in 99% of our cases. As the insurance companies try to minimize your claim, we tirelessly work to get you the compensation you deserve.
Moreover, our association with medical professionals who function on a contingency basis makes your journey easier. If required, we can refer you to them and their fees will be deducted from your settlement.
The Role of a Wrongful Death Lawyer
When you engage our firm’s services and sign up with Belal, he takes over virtually the entire case. This allows you to be free of the administrative burden.
From the moment we officially represent you, Belal and his proficient team dive into a thorough investigation of your loved one’s unfortunate demise. The objective here is to unearth the truth, pinpoint the culprits, and create a persuasive case representing our client’s interests.
It is not uncommon for multiple parties to share responsibility for the wrongful death. In such situations, we ensure that every party accountable is brought to justice.
For instance, consider an accident where your loved one slipped and fell on someone else’s property. In this case, we will aggressively build a case against everyone involved, including the property owner, the maintenance team, or any person who was responsible for the safety condition.
We understand the emotional toll such incidents take on the family of the deceased. As such, we strive to be a reliable ally, offering guidance, regular updates, and unending support from inception to completion of the case.
Introducing Belal Hamideh: A Proficient Wrongful Death Lawyer in California
The sudden loss of a loved one as a result of another’s actions can be incapacitating. Collaborating with a specialized wrongful death attorney, like Belal Hamideh, can help you tackle the plethora of issues that arise.
During your initial meetings with Belal, he will thoroughly review your case. His vast knowledge and aggressive approach ensure that you receive the maximum compensation for all your sufferings.
To schedule a no-charge case evaluation, reach out to us through our website or make a phone call.
Essential Legal Provisions for Hospital Negligence 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 (Including Hospital Negligence):
- This section clarifies who can file a wrongful death lawsuit, ensuring that families affected by hospital negligence have legal standing. It’s the foundation for seeking justice in medical malpractice 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.
California Code, Code of Civil Procedure – CCP § 335.1 – Statute of Limitations:
- This provision sets the two-year deadline for filing a wrongful death claim, which is crucial in hospital negligence 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.
California Code, Code of Civil Procedure – CCP § 377.61 – Awarding Just Damages (Including Medical Malpractice):
- This code guides courts in determining ‘just’ compensation, encompassing both economic and non-economic damages related to hospital negligence. It’s about recognizing the full impact of medical malpractice.
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 – Limitations on Damages (Medical Context):
- This section clarifies the types of damages recoverable, which is particularly important in cases involving hospital negligence and medical errors.
(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.
Hospital Negligence Laws
The sanctity of a hospital should never be compromised. When negligence leads to a wrongful death within its walls, it’s not just a legal matter; it’s a breach of trust. According to the Agency for Healthcare Research and Quality (AHRQ), preventable medical errors are the third leading cause of death in the United States. This sobering data underscores the critical need for accountability in healthcare settings.
To understand your rights in such situations, it’s essential to consult reliable resources. The California Department of Public Health provides guidelines on patient rights and hospital responsibilities. This information, coupled with the expertise of a dedicated wrongful death attorney like Belal Hamideh, can empower you to seek justice.
Remember, pursuing a wrongful death claim against a hospital is not about attacking the institution; it’s about advocating for patient safety and preventing future tragedies. Studies from the National Patient Safety Foundation highlight the importance of legal action in driving systemic change and improving healthcare standards.
If you’ve lost a loved one due to hospital negligence, don’t let their passing 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 patient safety.