“Wrongful Death” and “Survival Action” are often confused, but they are far from synonymous.
A survival action is designed to soothe the wound of the deceased’s estate for the losses they encountered before they departed from this world.
On the other hand, “wrongful death” offers solace to the survivors, compensating for their losses.
So, a wrongful death lawsuit is meant to help the deceased’s family, mending their financial losses, while a survival action presents the deceased’s estate with a legal foothold to seek compensation for losses endured by their beloved before they left this world.
Complex legal twists and turns often overshadow these cases. However, fear not, as Belal Hamideh, an accomplished wrongful death attorney, is adept at steering you through this labyrinth, assisting you to reclaim the compensation you justifiably deserve.
To initiate the journey towards claiming what’s rightfully yours, feel free to schedule a free case evaluation, simply message Belal or give him a call.
Understanding the Importance of a Wrongful Death Attorney
Experiencing the demise of a loved one due to the reckless behavior of another individual can be a heart-shattering experience, stirring colossal emotional upheaval. Such tragedies, if preventable, add to the layers of torment. While financial compensation can’t erase the emotional scars or mend the devastating loss, the awareness of your rights to secure financial aid proves significant. This awareness, coupled with the assistance of an adept attorney like Belal Hamideh can form a robust foundation to your legal battle for the rightful financial compensation.
Hospital bills, funeral expenses, and emotional distress can be overwhelming. However, this compensation can bring a sense of financial stability during these emotionally exhaustive times.
Belal Hamideh is a seasoned wrongful death attorney stationed in California. His impressive portfolio of successful wrongful death cases is a testament to his proficiency. This solid background arms him with invaluable insights that can be invaluable in your pursuit of justice. His passion for advocating your rights and his generous offering of complimentary first consultations to evaluate your claim and formulate effective strategies are promising offerings to take note of.
Decoding the Term Wrongful Death
In the California legal realm, wrongful death denotes a fatality caused due to the wrongful act of another person. This usually encompasses a broad range of actions from negligence, irresponsibility to intentional harm, the latter potentially classifying as criminal charges against the offender. If you are caught in such a distressing situation, you likely have a considerable claim for a wrongful death case. If in doubt, reaching out to a knowledgeable attorney like Belal Hamideh can prove beneficial.
Building a Solid Wrongful Death Lawsuit
To create a compelling wrongful death case, four distinct elements need to be demonstrated. The first requires evidence that validates the accused party’s reckless or negligent behavior contributing to your loved one’s death. If the defendant’s actions in any way were factors in the death, your claim stands justified.
The second cornerstone involves establishing the responsibility of the defendant towards the deceased, your loved one. This duty varies depending on the situation. For example, a doctor’s commitment to treat a patient or a driver’s obligation to adhere to traffic laws.
The third primary element involves proving a violation of this duty by the defendant, leading to your loved one’s death. The final piece of the puzzle involves presenting evidence that showcases identifiable damages. These damages include funeral expenses, hospital bills, loss of potential earnings, emotional suffering, loss of guidance, protection, and inheritance resulting from the death.
A wrongful death lawsuit may seem intimidating, fraught with potential pitfalls. However, a skilled attorney like Belal Hamideh, with his in-depth understanding of wrongful death cases and proficient handling, can navigate you smoothly through this labyrinth of legal complexities. He will ensure that you and your family receive the strong legal representation you deserve.
California Laws Regarding Wrongful Death
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.
These laws may pertain to your situation. If you have further questions, please contact wrongful death attorney Belal for a free case evaluation.
Demystifying Compensation Variables in Wrongful Death Cases in California
A common question that arises concerns the type of compensation that can be claimed in a wrongful death case in California. Compensation generally bifurcates into two broad categories – monetary damages and non-monetary damages.
Economic damages encompass tangible costs like medical bills, lost income, and funeral expenses. Non-economic damages, on the other hand, are more abstract, including emotional distress, loss of companionship and moral support experienced by the survivors.
Quantifying non-economic damages can be tricky; however, the commitment to ensuring our clients receive the highest achievable compensation is unwavering.
Unraveling the Dynamics of Anticipated Financial Reimbursement in Wrongful Death Legal Proceedings
Steering through the convoluted labyrinth of remunerations in wrongful death cases is reliant on several factors, such as the painstakingly calculated lifespan of the deceased at the time of the unfortunate event and the claimant’s projected lifespan, among other considerations.
The scope of economic losses usually includes cost of funeral and burial, the financial support beneficiaries were relying on, the lack of household contributions, and anticipated gifts or benefits from the departed loved one.
On the other hand, non-economic damages take into account the emotional suffering caused by the devastating loss of a loved one. These damages account for the deprivation of companionship, protection, affection, moral support, guidance, tutelage, and loss of consortium.
Worth noting is that under California law, punitive damages are not applicable in wrongful death cases. Any punitive damages correlated with the same misdemeanor must be pursued through a survival action that operates concurrently with the wrongful death claim.
In the course of your consultation with Belal, he will ensure complete comprehension of potential outcomes of your case. Leveraging his vast wealth of experience, he will devise a strategic approach tailored to secure the most advantageous outcomes for you.
Comprehending the Guideline for Financial Compensation in Wrongful Death Lawsuits
It is crucial to familiarize oneself with the legal stipulations that dictate who is qualified to claim reimbursement in a wrongful death lawsuit. The direct beneficiaries, most times comprising the surviving spouse and offspring of the deceased, are generally those authorized to initiate a wrongful death claim. In cases where the deceased left behind no dependents or immediate family, the parents then become eligible recipients.
The criteria for eligibility for financial compensation in wrongful death cases can occasionally be intricate, giving rise to doubts about entitlement and anticipated indemnity. With the guidance of a seasoned wrongful death attorney like Belal Hamideh who focuses on wrongful death cases, navigating this multifaceted terrain becomes markedly uncomplicated.
The Role Our Wrongful Death Attorney in California Plays
Retaining the services of a seasoned legal professional specializing in wrongful death lawsuits can significantly bolster your odds of securing the maximum possible compensation. Belal takes on the duty of managing every facet of your lawsuit, with a goal of providing you peace of mind during these turbulent times.
At the heart of our legal maneuvers is our clients’ welfare. Acknowledging the monumental decisions and responsibilities facing those in mourning, we aim to ease their load. Assigning Belal to handle your lawsuit allows you the freedom to focus on recovery, celebrate the memory of your departed loved one, and progressively journey through the grieving process.
Our Mission is to Alleviate Our Clients’ Emotional Strain by Providing Clarity, Comfort, and Hope.
Coping with the loss of a loved one under such tragic circumstances can be emotionally taxing. Once we take over your lawsuit, our skilled staff initiates a thorough inquiry into the circumstances that led to your loved one’s wrongful death. We seek to unearth the truth behind the fatal incident, spotlight all implicated parties, and construct a compelling case for our clients.
In some instances, several entities may share the blame in the wrongful death. Our commitment is to expose their joint culpability and ensure all parties implicated bear the legal consequences. For instance, in a scenario where a family member passes away following a collision with a large truck, we will build a case against all responsible parties. This could include the truck driver, the people who loaded the truck, the truck owner, other motorists, entities in charge of maintaining road conditions, and anyone else who may be to blame. Our central goal is to uncover the truth to fortify your lawsuit.
Throughout this process, we stand by our clients, offering guidance, regular updates, and emotional support at every stage.