While these two terms may sound similar, they are different. Medical malpractice can lead to wrongful death. It can be a cause of a wrongful death.
Under California law, “wrongful death” is defined as a death that occurs due to the wrongful conduct (such as negligent or reckless conduct) of another person. This misconduct may stem from actions that are irresponsible, negligent, or possibly even deliberate. If the act was indeed deliberate, the perpetrator could face criminal charges.
Medical malpractice is when a patient is injured due to a healthcare professional’s inability to proficiently execute their medical obligations. This may include other legal factors like contract violation, battery, or even fraud or deception in some instances.
In a medical malpractice case, a medical professional fails to diagnose, treat correctly, or fully inform a patient about the risks of a particular treatment or drug – a concept referred to as “informed consent”. Frequent malpractice lawsuits encompass areas such as prenatal care, childbirth injuries, medication and anesthesia mistakes, surgical errors, and shortcomings during post-operative care.
To successfully argue a case of medical malpractice, the plaintiff must prove the existence of a physician-patient relationship resulting in a duty of care, that the physician acted negligently (violated the duty of care), this negligence resulted in injury to the plaintiff; and also led to tangible damages.
These damages can include visual, physical injuries, yes, but they can also include pain, emotional distress, additional medical expenses, loss of work, and decreased earning potential.
If you believe that you were injured or a loved one was killed due to the negligence of another, contact wrongful death attorney Belal Hamideh for a free case evaluation.
What Role a Wrongful Death Attorney Can Take in Your Case
Experiencing the sudden loss of a loved one due to someone else’s negligence is undeniably devastating. The actions of another individual might have resulted in the tragic passing of someone you deeply care about. While no monetary sum can truly make up for your loss, it’s crucial to recognize your right to pursue financial compensation. Collaborating with a proficient wrongful death attorney, such as Belal Hamideh, can significantly increase your prospects of securing this compensation. This claim could potentially alleviate some of the financial strain relating to funeral expenses, medical bills, and the pain and suffering you’ve endured.
Allow me, Belal Hamideh, a seasoned wrongful death attorney based in California, to guide you through this trying time. My extensive experience handling wrongful death cases enables me to confidently advocate for your justice. My primary objective is to ensure you receive the maximum possible compensation for your hardships. I provide a no-cost evaluation of your case, assessing the potential worth of your claim and outlining how I can assist.
Deciphering the Notion of Wrongful Death
Under California law, wrongful death manifests when an individual’s wrongful act results in another person’s death. The specifics of such acts can range from neglectful and reckless behavior to intentional harm. In some situations, these acts might lead to criminal charges against the instigator.
If you’re faced with a similar predicament, it’s probable that you have a valid claim for a wrongful death lawsuit. Should there be any doubts about your eligibility to file such a lawsuit, consulting with an accomplished attorney like myself could offer much-needed clarity.
Asserting a Wrongful Death Claim
To make a strong wrongful death claim, four key factors must be substantiated. Primarily, it’s essential to provide evidence illustrating that the defendant’s negligent or reckless behavior contributed to your loved one’s untimely death. Even if the accused party’s actions were only partially responsible, your claim is still valid.
Following this, you must validate that the defendant owed a duty of care to your deceased loved one. This duty varies depending on the circumstances, like a doctor’s commitment to their patient or a driver’s adherence to traffic laws.
Then, it’s necessary to prove that the defendant’s disregard of their responsibility led to the death of your loved one. Finally, you need to demonstrate that your beloved’s death resulted in calculable damages, such as medical and funeral expenses, lost income, and your anguish and suffering.
In California, the compensation obtainable from wrongful death lawsuits typically falls under two categories – economic and non-economic damages. Economic damages cover tangible and calculable expenditures like funeral and burial expenses, medical bills, and lost income. On the other hand, non-economic damages pertain to more abstract aspects such as emotional suffering and loss of companionship.
Even though attributing monetary value to non-economic damages is inherently challenging, my unwavering commitment is to help my clients secure the highest possible compensation.
Eligibility for Compensation in Wrongful Death Lawsuits
In most cases, the eligibility to file a wrongful death claim predominantly extends to the deceased’s spouse and children. When the deceased did not have dependents or immediate family, the parents may be designated as the beneficiaries.
The eligibility criteria to claim compensation in wrongful death lawsuits can indeed be intricate, often leaving many in a quandary about their status, possible compensations, and more. For smooth navigation through this legal maze, seeking assistance from an attorney like myself, with a deep-rooted understanding of wrongful death cases, is highly recommended.
Trust in my extensive experience, knowledge, and determination to guide you towards the justice you deserve in this difficult time.
When dealing with the harrowing fallout of a wrongful death, having the backing of a highly accomplished wrongful death attorney in California can greatly enhance your chances of securing the best possible compensation. Belal Hamideh, a distinguished legal mind in this line of work, is driven by the objective of giving you peace throughout such tough times, by expertly handling all aspects of your case.
Belal Hamideh’s primary mission is to stand shoulder to shoulder with grieving clients, relieving them of the burden of the entire legal process. We understand the overwhelming mix of responsibilities and choices individuals are confronted with in times of grief. Adding the burden of a legal case into this mix can seem like an insurmountable hurdle. However, entrusting your case to Belal Hamideh permits you to concentrate your energies on healing, remembering your loved one, and navigating through your grieving process.
Upon taking over your case, our proficient team springs into action, conducting a comprehensive investigation into the circumstances surrounding your loved one’s wrongful death. Our focus lies in uncovering the truth behind the unfortunate incident, identifying everyone involved, and building a robust case for our clients. Often, wrongful death liability may be spread across multiple parties. Our commitment is to unmask their collective liability, ensuring all liable parties are held legally responsible.
Imagine a situation where your relative lost their life in a horrific accident involving a large truck. We will assemble a case against all parties linked to the incident. This includes the truck driver, the person responsible for loading the truck, the truck owner, other road users, the entity responsible for maintaining the road conditions, and anyone else who could be held accountable. Our objective is to unearth the truth and use it to strengthen your case.
In this journey, we provide unwavering support to our clients, offering counsel, regular updates, and emotional support when needed. Acknowledging the emotional strain that follows losing a loved one in such circumstances, we go the extra mile to lighten our clients’ emotional load by offering clear information, assurance, and positivity.
Understanding How a Wrongful Death Attorney is Paid
Our compensation only comes in the form of contingency fees, meaning our clients aren’t required to pay for our services upfront or out of pocket. Our fees are deducted from the final settlement or any winnings from your case. This provides an extra layer of support for our clients during these trying times.
This fee structure ensures we only get compensated if we secure a win in your case. With a 99% success rate, we are fully aware of how far insurance companies can go to hinder you from receiving deserved compensation. Our role is to combat these tactics, ensuring you get what’s rightfully yours.
We work closely with experienced medical professionals who also operate under contingency arrangements. If you need medical attention, we will connect you to them, and their fees will also be deducted from your settlement.
Distinguishing Between “Wrongful Death” and “Homicide”
It’s vital to understand the significant differences between a wrongful death legal suit and criminal charges that may result from the same incident.
A wrongful death suit is a civil action seeking financial compensation for survivors. In these cases, you could receive both economic and non-economic compensation for your loved one’s demise.
In contrast, criminal homicide cases involve the defendant being criminally prosecuted with a potential jail term being the outcome.
Understanding the Different Evidence Requirements and Timeframes for Wrongful Death versus Criminal Homicide
There is a notable distinction in the evidence requirements between civil and criminal court cases.
In criminal cases, the evidence has to definitively prove the defendant’s guilt with no reasonable doubt about their culpability.
On the other hand, civil court procedures require the evidence to meet a “preponderance of evidence” standard. This implies that to win a wrongful death lawsuit, it must be shown that the defendant was “more likely than not” negligent, leading to your loved one’s death.
Although civil procedures don’t mandate as strict a proof burden as criminal trials, having an able attorney significantly raises the chances of a favorable verdict.
Statute of Limitations for Filing a Wrongful Death Lawsuit in California
California law allows a two-year window from the day of death to file a wrongful death lawsuit. This may seem like a long period, but it can quickly shrink when considering the many other responsibilities following the loss of a loved one.
The timeline reduces to six months when government entities are involved (as in a California government tort claim). Navigating these legal complexities can be intimidating and confusing. Strict adherence to these timelines is crucial, as failure to do so could mean losing the opportunity for legal recourse. The last thing anyone wants is to give up the chance to seek justice for their lost loved one.
Determining the Worth of a Wrongful Death Compensation
Understanding the elements that influence the value of your wrongful death claim necessitates an extensive review of all factors that could potentially affect its worth. Each state, including California, has its unique laws concerning damages. California does not limit damages, giving juries the potential to grant substantial awards in wrongful death cases.
Primary factors influencing case valuation include the age of your deceased, the number of minor children and their ages, the circumstances of the accident, and the degree of financial dependence on the deceased by their spouse, among others.
These factors can either inflate or deflate a family’s settlement. For example, a case involving the death of an elderly relative, with no surviving spouse or children and significant fault for the accident, would likely result in a lesser settlement. In contrast, a case involving a deceased individual with dependents and minimal fault would likely result in a higher settlement.
As your legal representative, Belal Hamideh will conduct a rigorous analysis of your case, followed by formulating a detailed strategy that could work to your advantage.
The Fluctuating Nature of Wrongful Death Case Settlements
There isn’t a predetermined average for wrongful death lawsuit settlements in California or any other state. Every situation is unique, and consequently, settlements differ. Assigning a monetary value to the loss of a loved one can be challenging, making wrongful death cases among the most highly valued categories within personal injury lawsuits.
Consulting an experienced wrongful death attorney can guide you towards understanding the potential worth of your case. With years of experience, Belal Hamideh can present a well-informed estimate of your case’s value and will then passionately pursue your rightful compensation, ensuring you receive just reparation.
Choosing a California Wrongful Death Attorney
Losing a cherished one due to someone else’s negligence can be an extremely distressing experience. Belal Hamideh, a respected California-based Wrongful Death Attorney, recognizes that he alone cannot erase this traumatic situation, but he can certainly lessen the burden. Committed to fighting for you, he leverages his vast experience to help you obtain the maximum compensation for your tragic experience.
Reach out to us via our website or by calling for a free case evaluation.