Wrongful death is a civil matter. In California, this type of case does not provide the possibility for punitive damages. Despite this, an avenue does exist for those seeking such damages – the route of filing for a survival action. This alternative could potentially enable you to reclaim what you believe rightfully belongs to you.
Should you have more questions, contact wrongful death lawyer Belal Hamideh. During a free case evaluation, he’ll sit down with you and go over how he can help.
A Wrongful Death Lawyer on Your Side
Have you experienced the heart-wrenching loss of a cherished individual due to another’s actions? In life, there are individuals who hold irreplaceable spaces in our hearts and their loss leaves a void nothing else can fill. If their departure from your life can be traced back to someone’s negligence, recklessness, or intentional actions, you may be eligible for financial recompense. Belal Hamideh, a proficient wrongful death attorney based in California, can provide the necessary guidance and support in securing this just compensation.
Belal Hamideh leverages his vast background to deliver aggressive representation, ensuring you obtain the maximum possible restitution for your loss. This restitution can assist in offsetting costs such as funeral expenses, accumulated medical bills, emotional trauma, and more, essentially paving a path towards a secure future.
Belal provides complimentary case evaluations, allowing him to ascertain the worth of your claim and share how he can aid you during this difficult period.
What Compensation Can Be Expected in a Wrongful Death Case?
The compensation you may receive can be categorized into economic and non-economic damages. Economic damages encompass medical and funeral expenses, loss of income, potential future earnings, and more.
On the other hand, non-economic damages cater to emotional distress such as pain and suffering, loss of guidance, protection, and so on. Quantifying non-economic damages can be challenging, but we are dedicated to maximizing all feasible forms of compensation for our clients.
Punitive damages fall outside the scope of California’s wrongful death law. If you wish to pursue such damages, a survival cause of action needs to be filed concurrently with the wrongful death claim if both originate from the same wrongful act.
On consulting with Belal, he will elucidate what to expect from your case and how he can assist you throughout. He will also craft a strategy based on his wide-ranging experience to ease your path to compensation.
What Constitutes a Wrongful Death and How Can It Be Proven?
As per California law, a wrongful death is the demise of a person due to the wrongful act of another, which can range from recklessness and negligence to intentional misconduct. If the act was intentional, it could potentially be subject to criminal prosecution.
If you suspect that your situation may qualify for a wrongful death lawsuit, it is advisable to consult a practiced attorney to dispel any uncertainties concerning your eligibility to file such a case.
Proving wrongful death demands the substantiation of four specific elements. Firstly, it must be established that your loved one’s death resulted from the defendant’s negligence, recklessness, or carelessness. It is crucial to note that the defendant does not need to bear full liability for your loved one’s death.
Secondly, you must prove that the defendant owed a certain duty to your loved one and failed to fulfill it. This could be a physician’s obligation to provide care, a driver’s duty to adhere to traffic rules, and so forth.
Thirdly, it must be shown that the defendant’s actions directly culminated in your loved one’s death.
Lastly, it must be demonstrated that your loved one’s death resulted in damages that merit compensation.
Belal will provide staunch representation, optimizing your chances of a successful outcome.
Understanding Who can File a Wrongful Death Lawsuit in California
California law dictates that the right to file a wrongful death claim rests primarily with the immediate family of the deceased, including spouses and children. However, the process doesn’t stop there. In absence of a spouse or children, parents can step forward as beneficiaries. Further down the line, other direct descendants or even financially dependent individuals might be eligible to stake a claim.
This broad sketch of the law makes the entire situation complex, potentially leading to a labyrinth of confusion and uncertainty. Navigating these intricacies with an attorney who has a solid foundation and past success in wrongful death cases can ease the path to the results you desire.
Contingency Payment
The hallmark of our service is the unique, contingency-based fee structure. We put our clients’ needs first by eliminating the pressure of upfront payments or recurring installments. Instead, our remuneration is a portion of your final settlement or winnings.
This payment approach aligns our goals with yours – to maximize your legal reward. It is a testament to our confidence in our ability to secure successful outcomes, as we don’t get paid if we don’t win the case. Our track record of a 99% success rate underpins this confidence.
We go a step further by partnering with medical professionals operating on a similar basis. Should you require medical care, we can connect you and their fee will also be deducted from your winnings.
Role of a Wrongful Death Attorney: Mitigating Your Burden
Belal Hamideh, our principal attorney, steps in to shoulder your legal trouble so you can focus on healing and moving forward. As soon as we take on your case, we dive into an in-depth investigation to uncover the truth about your loved one’s untimely death.
Belal, and his proficient team, meticulously unearth all responsible parties and build a persuasive case on your behalf. Our rigorous process may uncover multiple liable parties, all of whom we ensure are held accountable through legal proceedings.
We go beyond the legal process- we pride ourselves in being a pillar of support for our clients during their grief. We guide you through the legal journey. You can rest assured that we will keep you updated and emotionally supported throughout the ordeal.
Belal Hamideh: Wrongful Death Attorney in California
The pain of losing a loved one is immeasurable and dealing with a legal case amidst such pain can be overwhelming. Engaging with a wrongful death attorney like Belal can help you navigate these challenging times.
Belal employs his extensive legal knowledge to fight for your rights and ensure you receive the compensation you deserve. He is well-known for his aggressive advocacy and his commitment to achieve maximum compensation for his clients.
To know more about how we can help you, or schedule a free case review, get in touch with us via our website or through a phone call.
Navigating California’s Legal Framework for Wrongful Death
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure – CCP § 377.60
This code section establishes who can file a wrongful death lawsuit, ensuring that those most directly impacted – spouses, children, and dependents – have legal standing. It’s the cornerstone of ensuring access to justice for grieving families. You can review the specifics on the California legislative information website here
CCP § 377.60: Defining the Right to File:
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
This section sets the two-year deadline for filing a wrongful death claim. Understanding this time limit is crucial, as it dictates the window for legal action.
CCP § 335.1: The Statute of Limitations:
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
This code outlines how courts determine ‘just’ compensation in wrongful death cases, recognizing both economic and non-economic losses. It’s about acknowledging the full impact of the loss.
CCP § 377.61: Determining Just Damages:
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
This section clarifies the types of damages recoverable in a survival action versus a wrongful death claim, specifically addressing punitive damages and pre-death losses. It is important to comprehend the differences between these actions.
CCP § 377.34: Limitations on Recoverable Damages:
(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.
In the face of loss, taking action may seem daunting
The journey through a wrongful death claim is not just a legal process; it’s a profound act of seeking justice and closure.
For this reason, understanding the intricacies of California’s legal landscape is crucial. As detailed in the California Courts’ Self-Help Guide on Wrongful Death, the rights of surviving family members are clearly defined. This resource, alongside the guidance of an experienced attorney, can empower you to navigate this complex terrain.
Remember that pursuing a wrongful death claim is not about replacing a loved one; it’s about holding those responsible accountable and securing the financial stability needed to rebuild. Belal Hamideh offers not just legal representation, but a compassionate partnership, guiding you toward a future where justice and healing can coexist. Don’t let uncertainty compound your grief. Reach out for a free consultation and take the first step toward reclaiming your peace of mind.