While these may sound synonymous, they are not.
A “survival action” compensates the deceased’s estate for any losses they sustained before they died.
“Wrongful death,” on the other hand, compensates survivors for their losses.
An easy way to remember it: a wrongful death lawsuit compensates the deceased’s family for their losses. A survival action makes it possible for the estate to sue for losses their loved one suffered before their passing.
These cases can become very complicated quickly. An experienced wrongful death lawyer, Belal Hamideh, can guide you through the process, helping yours to recover the compensation you deserve.
To schedule a free case evaluation, message Belal through our site or call.
Significance of a Wrongful Death Lawyer in Surmounting Legal Challenges
Dealing with the death of a beloved due to the careless actions of someone else is a heart-wrenching reality, leading to profound emotional turmoil, especially when such a tragedy could have been avoided. The financial recompense you are entitled to receive may not assuage the anguish or repair the tragic loss, albeit, it is fundamentally essential to be cognizant of your rights which can procure financial compensation. Although monetary aid does not truly mend this irreplaceable loss, this awareness of your rights is significant nonetheless. An excellent attorney specializing in wrongful death cases can effectively guide you to form an unshakable legal stance to demand this financial redress. This compensation can assist you in managing hospital bills, funeral charges, and emotional distress, providing a semblance of stability during these trying times.
Let us introduce Belal Hamideh, a successful wrongful death attorney based in California. His commendable track record in handling numerous wrongful death cases arms him with valuable insight, which can prove to be pivotal in your pursuit of justice. Leveraging his ample experience, he passionately champions your case, improving your chances of attaining the most feasible compensation for your situation. His services include complimentary first consultations to assess the potential value of your claim and identify the best tactics to support you.
Deciphering the Term Wrongful Death
As per Californian statute, wrongful death is a fatality caused due to someone else’s wrongful act. These acts can cover a broad spectrum from negligence or irresponsibility to intentional harm which can lead to criminal charges against the offender.
If you find yourself entangled in such a predicament, it is probable that you may have a substantial claim for a wrongful death case. If you are unsure about your eligibility to initiate a lawsuit, seeking consultation from a seasoned attorney like Belal Hamideh, could be a beneficial move.
Structuring a Wrongful Death Lawsuit
To construct a compelling wrongful death claim, it is imperative to demonstrate four unique elements. The foremost requirement is to provide evidence proving the accused party’s reckless or negligent behavior contributed to your loved one’s demise. Even if the actions of the defendant in some degree contributed to the death, you have a justified claim.
The second key factor is to establish that the defendant owed a duty of care towards the deceased, your loved one. This obligation could differ based on circumstances, for example, a medical practitioner’s commitment to treat a patient or a driver’s obligation to comply with traffic laws.
The third crucial factor is to establish that a violation of this duty by the defendant resulted in your loved one’s death. Finally, you need to present evidence confirming that your loved one’s passing led to identifiable damages. This encompasses hospital charges, funeral costs, loss of potential earnings, and emotional suffering caused by the death. Loss of guidance, protection, and inheritance are also taken into account.
Embarking on a wrongful death lawsuit could seem daunting and ridden with potential pitfalls. However, an accomplished attorney like Belal Hamideh is prepared to navigate you through this complex process. With his all-encompassing understanding and proficient management of California’s wrongful death cases, Belal can provide the sturdy representation necessary to fight for the advocacy you and your family warrant.
Exploring Potential Compensation in California’s Wrongful Death Cases
A commonly raised question is – what sort of compensation can be claimed in a wrongful death case in California? The recompense in such instances is generally split into two broad divisions – monetary damages and non-monetary damages.
Economic damages include quantifiable costs like funeral and burial costs, medical expenses incurred, and lost income, whereas non-economic damages are more conceptual and harder to evaluate, such as emotional distress, loss of companionship, and moral support endured by the survivors.
Although quantifying non-economic damages can pose a challenge, we are committed to ensuring that our clients receive the highest attainable compensation.
Decoding the Complexities of Expected Remunerations in Wrongful Death Legal Actions
Navigating the intricate maze of financial compensations in wrongful death disputes can depend on a myriad of elements such as the unfortunate victim’s predicted lifespan at the event’s time and the claimant’s envisaged lifespan, among other variables.
The umbrella of economic losses often encompasses expenses for funeral or burial, the financial aid beneficiaries were counting on, the deprivation of household services, and expected gifts or benefits from the dearly departed.
Contrastingly, non-economic losses contemplate the emotional distress caused by the heartbreaking loss of a cherished family member. These damages include the deprivation of companionship, protection, love, moral encouragement, guidance, training, and loss of consortium.
One must note that punitive damages, under California’s jurisdiction, are unattainable in wrongful death circumstances. If punitive damages associated with the identical wrongdoing are to be demanded, a survival action should be set in motion alongside the wrongful death claim.
During your discussion with Belal, he will assure comprehensive understanding of possible outcomes of your case. Utilizing his extensive experience, he will formulate an effective method designed to achieve the most favorable outcomes for you.
Understanding the Criteria for Monetary Awards in Wrongful Death Lawsuits
Being well-versed with the legal specifications that govern who is eligible to claim reparation in a wrongful death lawsuit is essential. The direct beneficiaries, often the surviving spouse and children of the deceased are usually the ones entitled to start a wrongful death claim. In instances where the deceased left no dependents or immediate family, parents qualify as recipients.
The conditions for eligibility for monetary awards in wrongful death cases can at times be intricate, resulting in uncertainty about the entitlement and expected reimbursement. With the assistance of a lawyer like Belal Hamideh, who specializes in wrongful death cases, navigating this complex landscape becomes considerably simpler.
The Part Our Wrongful Death Lawyer in California Plays in Your Aid
Engaging the services of a legal professional proficient in wrongful death lawsuits can significantly fortify your chances of securing the highest possible compensation. Belal takes the responsibility of handling every aspect of your case, aiming to grant you serenity during such turbulent times.
Our clients’ well-being takes precedence in our conduct of all legal actions. Recognizing the gravity of decisions and obligations facing bereft individuals, we aim to share their burden. Allowing Belal to manage your case lets you focus on recovery, honor your departed loved one’s memory, and gradually navigate the grieving process.
When we take on your case, our experienced staff begins a meticulous investigation into the circumstances surrounding your loved one’s wrongful death. Unearthing the truth about the fatal incident, spotlighting all parties involved, and building a persuasive case for our clients is the crux of our approach. Sometimes, numerous entities may be accountable for the wrongful death. We are devoted to exposing their joint liability and ensuring all parties implicated in the fault face the legal outcomes.
For example, in a situation where a relative passes away after a collision with a large truck, we will formulate a case against all parties involved in the incident. This could encompass the truck driver, the individuals who loaded the truck, the truck owner, other road users, the organization responsible for maintaining road conditions, and any other person with potential blame. Our central objective is to discover the truth to strengthen your case.
As we undertake this process, we stand by our clients’ side, offering guidance, regular updates, and emotional support at each step. Coping with the loss of a loved one in such a tragic situation can be emotionally draining. Our endeavor is to lighten our clients’ emotional burden by delivering clarity, consolation, and optimism.
California Wrongful Death Laws
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 Belal for a free case evaluation.