While they may seem synonymous, they’re different.
Wrongful death is a civil case, a civil matter. Manslaughter is a criminal case.
When a person’s negligence or intentional act leads to a person’s death, that’s wrongful death.
When someone kills another person without intent or premeditation, that’s manslaughter.
Perhaps the biggest difference between wrongful death and manslaughter is intent. A “wrongful death” case can involve vehicular accidents, medical malpractice, defective products, dog bites, and so forth.
Manslaughter, on the other hand, is a type of homicide. Voluntary manslaughter is when one person kills another in response to a threat, even a perceived one, often in what’s called “the heat of the moment.” Involuntary manslaughter is when one person kills another without the intent to do so.
You, as a survivor of someone who may have lost a loved one due to the negligence/recklessness of another, can bring a wrongful death suit against the party you believe is liable.
Law enforcement charges the person they believe liable with manslaughter.
If you believe that you may have a wrongful death case, or that your loved one may have lost their life due to the actions of another, then it’s worth it to schedule a free case evaluation with experienced wrongful death attorney Belal Hamideh. He can answer any additional questions you might have.
The Role of Belal Hamideh, Wrongful Death Attorney
The loss of a loved one is a deeply painful experience, leaving you in a state of profound grief. When such a loss is caused by the careless actions of another, the pain is intensifying. It’s difficult to think clearly in such circumstances, let alone navigate the legal complexities involving a wrongful death case. That’s when the guiding hand of a seasoned wrongful death attorney like Belal Hamideh becomes the beacon of hope in your quest for justice.
Belal is not just an adept wrongful death attorney; he is your ally, helping you make sense of your rights and carefully guiding you through the process of seeking rightful compensation. The money received as compensation may not replace your invaluable loss, but it can help cover financial burdens like funeral costs, medical expenses, and alleviate the pain of your loss to an extent.
With experience handling numerous wrongful death cases in California, Belal offers valuable insights and robust representation to his clients. He provides a free case assessment wherein he examines the potential worth of your case and chalks out how he can aid you in your journey towards justice.
Understanding Wrongful Death from the Perspectival Lens of Belal Hamideh
In the eyes of California law and Belal, wrongful death encompasses any wrongful act, varying from negligent to intentional, that results in the death of a person. The individuals or the entity responsible for such an act can face legal consequences. Through his experience as a wrongful death attorney, Belal can help you understand if you have a valid claim for a wrongful death lawsuit and guide you through the resulting legal proceedings.
The Process of Claiming and Proving a Wrongful Death Case
Claiming a wrongful death involves establishing four crucial elements according to California law. Firstly, it is essential to evidence the negligent or reckless behavior of the defendant as a direct or indirect cause of your loved one’s untimely death. The onus then moves to demonstrate the duty of care the defendant had for your deceased loved one. This could vary as per the situation, for instance, a physician’s duty to their patient or a vehicle driver’s responsibility towards other passengers and pedestrians. Finally, you must prove that the breach of this duty resulted in your loved one’s death, causing consequential, measurable economic, and non-economic damages. These damages account for your medical expenses, funeral costs, loss of income, pain, suffering, and loss of protection or guidance.
Navigating the Complexities of a Wrongful Death Lawsuit with Belal Hamideh
Filing a wrongful death lawsuit without legal assistance can be an overwhelming task. Belal Hamideh, with his vast experience in handling wrongful death lawsuits in California, is your ally in this challenging journey. His relentless representation and commitment to your cause ensures you have the best chance at obtaining rightful compensation.
Understanding the Compensation in Wrongful Death Cases
The compensatory damages in wrongful death cases are generally bifurcated into economic and non-economic damages. The former includes quantifiable financial losses such as funeral costs, medical bills, and lost wages, while the latter concerns intangible losses like emotional suffering, loss of companionship, and moral support. Despite the innate challenge in quantifying non-economic damages, Belal Hamideh’s commitment aims to help clients secure the highest possible compensation.
Eligibility for Compensation in Wrongful Death Lawsuits
The legal parameters for eligibility in wrongful death lawsuits are complex and require careful analysis. Generally, the deceased’s surviving spouse and children are eligible to file a wrongful death claim. However, in the absence of immediate family members or dependents, the eligibility may extend to parents or other relatives. To understand these complex legal intricacies, it is recommended to seek consultation from an attorney experienced in wrongful death cases, like Belal Hamideh.
Belal Hamideh: Your Wrongful Death Lawyer in California
Belal’s legal assistance in wrongful death cases goes beyond representation. He manages all legal aspects of your case while you focus on healing and cherishing the memory of your departed loved one. Belal understands the emotional toll a legal case can take on a grieving individual, and hence, he aims to alleviate this stress by undertaking complete responsibility of the legal proceedings.
Belal, along with his team, initiates a comprehensive investigation into the events leading to the wrongful death of your loved one, ensuring the truth is uncovered, and all liable parties are made legally accountable. He stands as a reliable pillar of support, offering advice, updates, and emotional aid. With Belal as your wrongful death attorney, you can rest assured that your case is in good hands, and your journey towards justice is well taken care of.
California’s Code Governing Wrongful Death Claims
These laws may pertain to your situation. If you have further questions, contact Belal.
Who Can File? Understanding Legal Standing (CCP § 377.60)
California law, as detailed in Code of Civil Procedure 377.60, meticulously outlines who is eligible to file a wrongful death lawsuit. This section ensures that those most directly affected by the loss have legal recourse. Primarily, this includes the decedent’s immediate family: spouses, domestic partners, children, and their descendants. In cases where there are no direct descendants, the right to sue extends to those who would inherit the decedent’s property. Additionally, the statute addresses situations involving financial dependency, stepchildren, and putative spouses. Special provisions are also made for minor dependents and legal guardians. This statute is very thorough in who can file a wrongful death claim.
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.
Time Limits for Action: The Statute of Limitations (CCP § 335.1)
The legal window for filing a wrongful death lawsuit in California is clearly defined by Code of Civil Procedure 335.1. This statute sets a two-year deadline, commencing from the date of the individual’s death. This time constraint applies to all actions related to assault, battery, or any injury or death caused by another’s wrongful act or negligence. It is very important to meet this deadline.
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.
Determining Fair Compensation: Court-Awarded Damages (CCP § 377.61)
Code of Civil Procedure 377.61 empowers California courts to determine and award damages that are considered just and equitable in wrongful death cases. This means the court will assess the specific circumstances of each case to ensure fair compensation. However, it’s essential to note that damages recoverable under section 377.34 are handled separately. The court also has the responsibility to decide how the compensation is divided among those who are entitled to it.
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.
Decedent’s Losses: Recoverable Pre-Death Damages (CCP § 377.34)
When a wrongful death lawsuit is filed on behalf of the deceased, the scope of recoverable damages is governed by Code of Civil Procedure 377.34. This section generally limits damages to the losses and damages the decedent incurred before their death, including any penalties or punitive damages they could have pursued. Typically, damages for pain, suffering, or disfigurement are excluded, with specific exceptions for cases that meet certain temporal criteria. This section also requires certain reporting to the judicial council.
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 loss of a life creates a ripple effect, touching not just those closest, but the very fabric of our community. When negligence or wrongful acts cause that ripple, it’s our responsibility to seek justice and restore balance. Consider this: by understanding and pursuing your rights, you’re not only honoring the memory of your loved one, but also helping to prevent future tragedies.
If you have further questions about a wrongful death attorney, reach out to Belal for a free case evaluation. Let’s work together to create a safer, more just community, one case at a time.