Has someone else’s negligent actions led to the death of a loved one? Did another party’s recklessness cause you to lose someone that you love? Nothing makes up for the loss of someone that you love. However, you may be due compensation. With an experienced wrongful death attorney, you can receive compensation. You can use this compensation to pay for the funeral costs, medical expenses, pain & suffering, and more, so that you can build a foundation for the next phase of your life.
Belal Hamideh is an experienced Long Beach wrongful death attorney who has handled many wrongful death cases. Drawing upon these years of experience, he can represent you aggressively, helping you to receive the maximum compensation for everything that you’ve been through. In a free case evaluation, he can let you know what your claim is worth as well as how he can help.
What is Considered Wrongful Death?
A “wrongful death” occurs when someone’s death is caused by the wrongful act of someone else, according to California law. That “wrongful act” could be actions that were reckless, negligent, or possibly even intentional. Should it be the latter, then the person who committed the wrongful act could be at risk of criminal prosecution.
If any of the above occurred, then you very well may have a wrongful death lawsuit. If you have any questions about whether or not you’re able to bring a wrongful death suit, it’s worth it to reach out to an experienced attorney to know the truth.
How Do You Prove Wrongful Death?
To prove wrongful death, you have to be able to prove four separate elements. For one, you have to be able to prove that your loved one’s death was caused by the negligence, recklessness, or carelessness of the defendant (the person you’re suing).
Your loved one’s death doesn’t have to be caused entirely by the actions of the defendant. The defendant could be partially responsible and you would still have a valid case.
You also must be able to prove that the defendant had a duty they owed to the victim (your loved one) and that they breached that duty.
For example, a doctor’s duty is to heal a person, a driver has a duty to follow the laws of the road, and so forth.
Breaching those can lead to a person’s death. Furthermore, you have to be able to prove that the defendant’s action caused the death of your loved one. Finally, you also need to prove that the death of your loved one generated damages that must be compensated. This would be medical bills, funeral costs, even loss of income (including potential income), your pain and suffering, as well as a loss of guidance, protection, and inheritance.
What Compensation Can I Receive for a Wrongful Death?
In wrongful death suits, you may seek both economic and non-economic damages.
Economic damages encompass tangible losses such as funeral expenses, medical bills, and lost income, while non-economic damages address intangible losses like emotional suffering, loss of companionship, and guidance.
Even though there are inherent challenges in quantifying non-economic damages, we are dedicated to maximizing our clients’ compensation in any and all available forms.
Some of the Compensation For Which You May Be Eligible
Recoverable damages are contingent upon many different factors. These can include the life expectancy of the deceased at the time of wrongful death, the plaintiff’s expectancy, and others.
Some examples of economic damages include:
- Expenses associated with the funeral or burial.
- Financial support heirs would have received.
- Loss of household services.
- Gifts or benefits from the deceased.
In terms of non-economic damages, these could be:
- The emotional toll of losing a loved one (such as companionship, affection, protection, comfort, and moral support).
- Absence of guidance and training.
- Loss of consortium.
Under California’s wrongful death law, punitive damages aren’t awarded. To seek punitive damages, a survival cause of action must be pursued alongside the wrongful death claim if stemming from the same wrongful act.
When you meet with Belal, he’ll let you know what you can expect from your case. Additionally, he will let out an actionable plan, based on experience, of how he can help you to receive what you deserve.
Who is Eligible for Compensation in a Wrongful Death Lawsuit?
When considering who may be entitled to compensation in a wrongful death lawsuit, it’s essential to understand the legal parameters governing such cases. Typically, the beneficiaries eligible to bring forth a wrongful death suit are the surviving spouse and children of the deceased. In cases where the deceased had no dependents or immediate family, parents may be designated as beneficiaries.
It can be confusing as to who is eligible for compensation, to the extent that they’re eligible, what they can receive, and so forth. You give yourself the best opportunity for this to turn out right by reaching out to an attorney with extensive wrongful death case experience.
What Can Our Wrongful Death Attorney Do For You?
An experienced attorney can give you the best possible chance of receiving the greatest amount of compensation. Belal can handle essentially every aspect case for you, giving you less to worry about during a difficult time.
One of the primary ways we provide support is by handling the entire case on behalf of our clients. We recognize that grieving individuals have a seemingly endless series of tasks and decisions to manage.
Handling a legal case on top of all of that can be overwhelming. By entrusting Belal with their case, survivors can focus on healing, honoring their loved one’s memory, and the grieving process.
Additionally, from the moment we take your case, our experienced team conducts thorough investigations into the circumstances of your loved one’s wrongful death.
We delve deep to uncover the truth of what happened, identify responsible parties, and build a compelling case on behalf of our clients. In many instances, multiple parties may bear liability for the wrongful death, and we ensure that all culpable parties are held accountable through legal action.
For example, should your loved one have passed away in an accident involving a large truck, we’ll bring a case against all responsible. The truck driver could be responsible, as could the truck loader, the truck owner, other drivers on the road, the party responsible for road conditions, and others. We’ll find the truth and use it for your case.
Throughout the entire process, we serve as a steadfast resource for our clients, offering guidance, updates, and support at every stage.
We understand the emotional toll of losing a loved one under such circumstances. As such, we strive to alleviate our clients’ burdens by providing clarity and reassurance.
How Do I Pay for a Wrongful Death Attorney?
On a contingency fee basis. That means our clients do not have to pay for our services upfront, “out of pocket,” or in any similar manner. Instead, our payment is taken from your eventual settlement, your eventual winnings. We see it as one more way that we can support our clients through this time.
Through this method, we don’t get paid for all of our work should we lose the case. Rest assured, we win 99% of the time. Whereas insurance companies may do everything in their power to keep you from receiving more payment, we work to make sure that you receive everything that you should.
Additionally, we work with experienced medical professionals who, like us, also work on contingency. If you require medical attention, we can connect you to them. Then, their payment will also be taken out of your settlement.
What’s the Difference Between “Wrongful Death” and “Homicide?”
While a single incident may give rise to both a wrongful death lawsuit and criminal charges, there are distinct differences between the two.
A wrongful death lawsuit seeks monetary damages as compensation for the survivors. In a lawsuit, you can receive economic and non-economic compensation for your loved one’s passing.
On the other hand, in a criminal homicide case, the defendant faces criminal prosecution and potential imprisonment.
Standards of Proof and Timeframes in Wrongful Death vs. Criminal Homicide
The standards of proof differ greatly between criminal and civil cases.
Criminal cases require proof “beyond a reasonable doubt.” It has to be proven that, beyond any reasonable doubt, the defendant is guilty.
In civil cases, on the other hand, the burden of proof must meet the “preponderance of evidence.” This means that, to win a wrongful death case, we must prove that the defendant was “more likely than not” reckless and/or negligent in such a way that led to your loved one’s passing.
Even though the burden of proof in a civil case isn’t as high as it would be in a criminal one, working with an experienced attorney gives you the best possibility of a successful outcome.
How Long Do I Have to File a Wrongful Death Lawsuit?
Here in California, the statute of limitations in a wrongful death case is two years. That means you have two years to file a wrongful death lawsuit from the date of the decedent’s passing.
That’s less time than you may think, especially when you take into account everything that you may have to do in the wake of your loved one’s passing.
However, this number drops to six months if the government is involved (in what’s called a California government tort claim).
As you might imagine, this can all become very complicated very quickly. Adhering to the timeframe is crucial, as failure to file within the specified period may result in forfeiture of the right to pursue legal action. That’s the last thing you want.
What Factors Determine Compensation in a Wrongful Death?
Assessing the worth of your wrongful death claim involves considering various factors that influence its value. Unlike certain states, California lacks a damages cap, allowing juries to potentially award substantial sums in lawsuits of this nature.
Key factors influencing case value include the age of your loved one, how many minor children are left behind as well as their ages, the circumstances involving your loved one’s accident, how much your loved one’s spouse depended on them for financial support, and other factors.
These factors also have the potential to diminish a family’s settlement. For instance, a case involving the demise of an elderly family member with no surviving spouse or children, who bore significant fault for the accident, would yield a lower settlement compared to one involving a deceased individual with dependents and minimal responsibility for the incident.
When you meet with Belal, he’ll go over your case with you. From there, he’ll explain exactly how he may be able to help.
What is the Average Compensation for a Wrongful Death Case?
There is no set average for wrongful death lawsuits in California or elsewhere. As every situation is different, so too are the settlements for wrongful death lawsuits. It is difficult to place a dollar figure on the value of a loved one. Thus, wrongful death cases have one of the highest dollar values among all personal injury cases.
The best way to find out what your case is worth is to speak to an experienced wrongful death attorney. With years of experience to draw upon, Belal Hamideh can give you an idea as to what your case might be worth. Then, he can pursue that aggressively, making certain that you get everything that you deserve.
Contact an Experienced Long Beach Wrongful Death Lawyer
The loss of a loved one due to someone’s negligent actions can be among the most difficult challenges that a person ever faces. Long Beach-based Wrongful Death Attorney Belal Hamideh cannot make this difficult time easy, but he can make it easier. Through aggressive representation, he can use his experience to help you to receive the maximum compensation for everything that you’ve been through.
For a free case evaluation, message us through our site or call.