Despite what one might presume, these two terms are not interchangeable.
First, let’s define a survival action. In essence, this is a legal recourse that enables the estate of a deceased person to seek damages for losses sustained by the deceased prior to their demise.
Contrastingly, wrongful death is a legal action principally focused towards compensating surviving family members for the losses they suffered due to their loved one’s unfortunate death.
Simplified, a survival action concerns the deceased’s estate, while a wrongful death lawsuit focuses on the surviving family. The former allows the estate to sue for losses the deceased experienced before passing away. Conversely, the latter facilitates recovery of losses borne by the deceased’s family.
Given the intricate nature of these legal processes, guidance from a knowledgeable wrongful death attorney like Belal Hamideh can be invaluable. His mission is to guide people to secure the restitution they rightfully deserve.
For a complimentary case assessment, you can reach out to Belal via our website or a call.
The Role of a Wrongful Death Attorney
The sudden loss of a loved one due to the negligent or reckless conduct of another is an overwhelmingly painful experience. Emotional trauma is heightened when these unfortunate incidents could have been averted. While financial compensation cannot erase the pain or replace your loss, being aware of your rights to claim compensation can be crucial. Although financial aid won’t repair the irreparable, the knowledge of your rights holds its significance. A skilful wrongful death attorney can direct you to establish a robust legal stand, enabling you to demand rightful financial restitution.
Introducing Belal Hamideh, a distinguished wrongful death attorney based in California. His successful track record in dealing with countless wrongful death cases provides him with noteworthy insights that can prove critical in your pursuit for justice. His proficiency, garnered from vast experience, can fortify your case and enhance your chance of securing the most appropriate compensation. He offers initial consultations free of charge to assess your claim’s potential value and identify effective strategies.
Explaining ‘Wrongful Death’ According to California Laws
Under California laws, wrongful death is a fatality resulting from another’s wrongful act. This could range from negligence, irresponsibility to intentional harm, potentially resulting in criminal charges against the offender.
If you’re embroiled in such a predicament, it’s possible that you have a significant wrongful death claim. If you’re uncertain whether you are eligible to file a lawsuit, consulting a seasoned attorney like Belal Hamideh could be particularly beneficial.
Framing a Wrongful Death Lawsuit
Developing a persuasive wrongful death claim requires the demonstration of four distinct elements. Firstly, evidence must be presented showing that the defendant’s negligent or reckless behavior contributed to your loved one’s death. Even if the defendant’s actions played a part in the death, you have a valid claim.
The second requirement is to establish that the defendant owed a duty of care to the deceased. This duty varies depending on the circumstances, like a doctor’s obligation to treat a patient or a driver’s commitment to obey traffic laws.
The third requirement is proving that your loved one’s death resulted from the defendant’s breach of this duty. Finally, evidence needs to be presented proving that your loved one’s death has resulted in measurable damages. These may include hospital bills, funeral expenses, potential income lost, and emotional trauma. Other potential damages could include loss of guidance, protection, and inheritance.
Embarking on a wrongful death lawsuit can be daunting and full of potential legal landmines. A seasoned attorney like Belal Hamideh, who is equipped to navigate the complexities of this process, can be invaluable. Given his comprehensive understanding and adept handling of California’s wrongful death cases, Belal can give the robust representation required to fight for the justice your family deserves.
Delving into the Realm of Potential Benefits in California’s Wrongful Death Litigation
A question that frequently surfaces is – what variety of compensation could be sought in a California wrongful death case? Typically, the award in such scenarios bifurcates into two widespread categories – fiscal damages and non-fiscal damages.
Financial damages incorporate measurable expenses like funeral and interment costs, medical bills accrued, and lost wages. Non-financial damages, on the other hand, are more abstract and trickier to appraise, like emotional suffering, loss of companionship, and moral support that the survivors bear.
Although assigning a value to non-financial damages can pose a daunting task, we are unflinching in our commitment to securing the greatest possible award for our clientele.
Deciphering the Intricacies of Anticipated Awards in Wrongful Death Legal Proceedings
The multifaceted web of financial awards in wrongful death altercations can hinge on an array of factors such as the unfortunate victim’s projected lifespan at the incident’s occurrence and the claimant’s expected lifespan, among various other determinants.
The spectrum of financial losses frequently covers costs for funeral or burial, the monetary assistance beneficiaries were relying on, the lack of household services, and anticipated gifts or benefits from the dearly departed.
Conversely, non-financial losses deliberate on the emotional suffering ignited by the gut-wrenching loss of a loved one. These damages include the loss of companionship, protection, love, moral support, guidance, training, and loss of consortium.
It’s crucial to recognize that punitive damages, under California’s jurisdiction, cannot be sought in wrongful death situations. If punitive damages linked to the identical misdoing are to be claimed, a survival action should be initiated in conjunction with the wrongful death claim.
During your consultation with Belal, he will provide an in-depth explanation of potential outcomes for your case, leveraging his vast experience to design an effective strategy aimed at securing the best possible results.
Grasping the Regulations for Financial Rewards in Wrongful Death Litigations
Familiarity with the legal stipulations that dictate who can claim compensation in a wrongful death lawsuit is indispensable. Direct beneficiaries, usually the surviving spouse and children of the victim, are typically entitled to commence a wrongful death claim. In situations where the deceased left no dependents or close family, the parents qualify as recipients.
The criteria for eligibility for financial rewards in wrongful death cases can occasionally be complex, leading to uncertainty about the entitlement and expected compensation. With the guidance of an attorney like Belal Hamideh, specializing in wrongful death cases, maneuvering this intricate landscape becomes significantly more manageable.
The Role Our Wrongful Death Attorney in California to Assist You
Enlisting the services of a legal expert adept in wrongful death litigations can substantially boost your odds of obtaining the highest attainable compensation. Belal assumes the task of managing every facet of your case, striving to provide you peace of mind during such stormy times.
Our clients’ well-being dictates our conduct in all legal proceedings. Understanding the monumental decisions and responsibilities confronting grieving parties, we aim to alleviate their load. Allowing Belal to handle your case lets you concentrate on recuperating, honoring your departed loved one’s memory, and progressively journeying through the grieving process.
Once we accept your case, our skilled staff initiates an exhaustive investigation into the events leading to your loved one’s wrongful death. Uncovering the reality of the fatal incident, pinpointing all parties involved, and assembling a compelling case for our clients is the essence of our approach. In certain instances, multiple entities may be liable for the wrongful death. We are committed to revealing their shared responsibility and ensuring all parties involved in the misconduct face their legal consequences.
For instance, in a case where a loved one dies following a collision with a large truck, we will construct a case against all parties implicated in the incident. This could include the truck driver, the individuals responsible for loading the truck, the truck owner, other drivers, those accountable for maintaining road conditions, and anyone else potentially at fault. Our primary goal is to unveil the truth to bolster your case.
As we embark on this journey, we stand with our clients, providing counsel, frequent updates, and emotional support at each stage. Dealing with the loss of a loved one in such a tragic scenario can be emotionally taxing. We strive to alleviate our clients’ emotional load by offering clarity, comfort, and hope.
Wrongful Death Laws in This State
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.
If you have any questions, contact Wrongful Death Attorney Belal for a free case evaluation.