As wrongful death cases are civil and not criminal in nature, they aren’t necessarily focused on “punishment” so much as they are compensation. Specifically, compensation for the survivors of the deceased. That said, these cases can serve as a form of justice, making sure that the responsible party does not act in such a manner again while also scaring others from doing the same.
If you believe that someone you love may have perished in a wrongful death, it’s worth it to reach out to an attorney. Belal Hamideh, an experienced wrongful death lawyer, can help. Schedule a free case evaluation through our site or call.
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How a Wrongful Death Attorney Helps
The sudden loss of a loved one instigated by the careless and reckless conduct of another party can be heart-wrenching. Actions taken without a moment’s thought can lead to the most unfortunate demise of your loved one. While nothing can substitute your loss or mitigate the grief, you must remember that you are legally entitled to seek compensation. Collaborating with a competent wrongful death attorney could strengthen your case, aiding in the pursuit of financial justice to provide for funeral expenses, medical bills, and the emotional wreckage caused by the traumatic incident.
Meet Belal Hamideh, a revered wrongful death attorney operating in California. Belal’s commendable record of numerous victorious wrongful death cases could be instrumental in your pursuit of justice. With his deep-rooted knowledge in the field, he fervently advocates for your case and ensures that you receive maximum monetary compensation for your distress. He provides a complimentary evaluation of your case, determining its potential worthiness and explaining how he plans to serve you.
Elucidation of Wrongful Death
In the legal frame of California, wrongful death refers to instances where the wrongful act of one person leads to the decease of another. Such activities can range from careless and negligent actions to intentional harm. If the act involves deliberate planning, it may also result in criminal charges against the culprit.
Such circumstances are heartbreaking. If you find yourself in considering you possibly have the grounds to file a wrongful death lawsuit. If you’re unsure about your legal rights, it is wise to consult an experienced attorney.
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Founding a Wrongful Death Case
To legally validate a wrongful death lawsuit, four separate aspects must be proven. The primary factor involves providing evidence that the defendant’s neglectful or reckless behavior directly contributed to your loved one’s demise. Remember, even if the defendant’s actions were partially responsible for the death, your claim may still stand strong.
The second aspect requires demonstrating the defendant’s responsibility towards your deceased loved one. This duty can vary depending on the situation – for instance, a medical practitioner’s obligation to their patient or a driver’s duty to obey traffic regulations.
Further, it must be proven that the defendant’s negligence concerning their duty resulted in your loved one’s death. Lastly, evidence must be presented that clearly indicates that the death of your loved one has led to calculable damages. These damages might include medical bills, funeral costs, loss of income or potential earnings, and emotional distress experienced by you. It could also include loss of guidance, protection, and inheritance.
Embarking on a wrongful death lawsuit journey may present myriad complexities and challenges. Nevertheless, having an experienced attorney like Belal Hamideh by your side can instill confidence and guide you on this path. With his extensive experience and knowledge in California wrongful death cases, Belal provides the committed representation necessary to fight for the justice you undoubtedly deserve.
Compensation Structure For California’s Wrongful Death Cases
One of the most common questions that perplex individuals is – what kind of compensation can one anticipate in a wrongful death case in California? The compensation usually falls into two main divisions – economic and non-material damages. Economic damages tackle tangible and calculable expenses such as funeral and burial costs, accumulated medical expenses, and lost wages. On the other hand, non-material damages involve the more abstract emotional pain, loss of companionship, and loss of moral support suffered.
Despite the inherent challenge of assigning a monetary figure to these intangible losses, the commitment to ensuring that clients procure the highest possible compensation remains unwavering.
The Complexities of Appropriation in Wrongful Death Scenarios
Being confronted with wrongful death circumstances can be a daunting experience. Various factors play a vital role in determining the potential compensation. Basic considerations include the age of the deceased at the time of passing, the estimated life expectancy of the claimant, and other key factors.
The financial damages mainly cover costs related to funeral or burial services, forecasted financial support the beneficiaries expected to receive, loss of domestic services, and the projected gifts or other incentives from the deceased.
Simultaneously, emotional damages aim at compensating for the emotional trauma caused by the sudden loss of a family member. Emotional damages can include comfort, intimacy, security, moral support, guidance, instruction, and lost consortium.
It’s crucial to note that the California law does not permit punitive damages in wrongful death claims. If punitive damages are to be sought, a survival claim must be filed alongside the wrongful death claim, provided both are triggered by the same wrongful act.
A consultation with Belal Hamideh can be highly beneficial as he skillfully applies his wide-ranging experience to provide possible outcomes for your case and create a tactical action plan, positioning you for an advantageous outcome.
Who Can Claim Compensation in Wrongful Death Cases?
It’s essential to understand the legal boundaries that dictate who can file for compensation in wrongful death cases. Generally, the immediate family – spouses and children – are given preference in filing a wrongful death claim. If there are no dependents or immediate family, parents might be viewed as beneficiaries.
Due to the intricacy of specifications for wrongful death compensation eligibility, some confusion about potential reparations and eligibility might occur. Navigating this complicated landscape requires the assistance of a seasoned wrongful death attorney like Belal Hamideh.
Belal Hamideh: A Reliable Partner in Wrongful Death Legalities in California
Experiencing the loss of a loved one is emotionally draining, especially when the death results from someone else’s negligence. In such moments, having the support of a skilled wrongful death attorney like Belal Hamideh can be immensely beneficial in pursuing justice. Belal takes a dedicated and meticulous approach to managing every aspect of your case, easing your burden during these trying times.
Belal and his team prioritize supporting their clients by taking full ownership of the legal proceedings. They understand the formidable task of grieving while navigating intricate legal matters. By bearing this load, Belal and his team allow clients to concentrate on mourning and reminiscing about their deceased loved ones.
Let us assist you in every way
On accepting a case, Belal’s team immediately initiates a thorough investigation to understand the circumstances leading to the wrongful death. The goal is to unravel the truth, construct a robust case, and identify every party involved in the incident. When multiple entities are responsible for the wrongful death, the objective is to make them answerable for their collective accountability. The responsible parties could range from the driver, the individual responsible for loading the truck, the truck owner, others implicated in road usage, to the authority responsible for road maintenance, in a large truck accident.
Throughout this complex process, Belal and his team serve as staunch allies, offering guidance, providing regular updates, and empathetic support at every phase. Knowing that losing a loved one can be emotionally devastating, they aim to lighten the emotional load by providing clarity, comfort, and hope.
On taking your case, Belal Hamideh conducts a thorough appraisal and formulates a strategic plan that could favor your cause.
Coping with the loss of a loved one due to someone else’s negligence is perhaps one of the most challenging experiences in life. Belal Hamideh, a highly regarded Wrongful Death Attorney based in California, realizes that he cannot erase this tough ordeal. However, he is committed to lessening your hardship. With a steadfast commitment to defending your rights, he pulls from his extensive knowledge and experience to help you secure the highest compensation for your tragic loss.
Quantifying the True Cost of Wrongful Death
Beyond the immediate emotional devastation, wrongful death cases often reveal a significant economic burden on surviving families. According to data from the Consumer Expenditures Survey, the average annual cost of raising a child in the U.S. is $13,742 approximately, based on the cost of raising a child born in 2015, totaling roughly $233,610 over 18 years. . This figure underscores the substantial financial loss when a parent is taken prematurely.
When quantifying the economic loss, we consider both lost earnings and lost earning capacity. Lost earnings are a straightforward calculation of the income the deceased would have earned from the time of the incident to the present, including wages and bonuses. This is based on their established income history. Lost earning capacity, however, projects the potential future income that is now lost, taking into account factors like career trajectory and life expectancy.
As we see, wrongful death compensation is not merely about addressing immediate expenses like funeral costs and medical bills; it’s about securing the financial future of those left behind.
For additional resources you can also check out the Social Security Administration website provides valuable data on survivor benefits, which can supplement wrongful death compensation.
California Law: Wrongful Death
Reach out to us through our website or call us for a free case assessment.
These laws may pertain to your situation. If you have further questions, contact Belal.
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.
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.
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.
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.
The Role of Expert Witnesses in Wrongful Death Cases
In wrongful death cases, expert witnesses play a crucial role in establishing liability and quantifying damages. These professionals bring specialized knowledge that can significantly impact the outcome of a case.
For instance, accident reconstruction experts can provide detailed analyses of vehicular collisions, determining the sequence of events and identifying contributing factors. Medical experts can testify about the cause of death, the extent of injuries, and the impact of medical negligence. Forensic economists can calculate the present value of lost earnings and future financial support.
The use of expert testimony is crucial in providing factual evidence to the court. The federal rules of evidence, specifically rule 702, sets the standards for expert witness testimony.
Comparative Negligence in California Wrongful Death Claims
California operates under a ‘pure comparative negligence’ system, which means that even if the deceased was partially at fault for the incident that led to their death, their survivors may still be able to recover damages.
This system allows for damages to be reduced in proportion to the deceased’s degree of fault. For example, if the deceased was found to be 20% at fault, the compensation awarded to their survivors would be reduced by 20%.
According to the California Civil Code section 1714, the courts are to use the pure comparative negligence system.