Legal Blog

How to File a Wrongful Death Lawsuit in California

Jul 8, 2024 | By Michael Beliz | Read Time: 3 minutes

A loved one’s sudden loss due to another’s negligence can leave you with a profound emptiness and a mountain of questions. While the law gives you the right to hold the liable party accountable, navigating the legal process alone can be challenging. During this time, it’s best to work with an attorney who knows how to file a wrongful death lawsuit and seek fair compensation. At the Beliz Law Firm, we can help you get justice after a wrongful death. Our attorneys are here to review your case, advise you of your rights, and identify a path toward healing. Contact our firm for a free consultation to learn if you are eligible for compensation. The Basics of a Wrongful Death Lawsuit A wrongful death occurs when someone’s negligence or wrongdoing leads to the death of a loved one. The law allows surviving relatives to file a lawsuit to seek compensation for the financial and emotional burdens they face after this loss. Some situations that can lead to a wrongful death claim include: If you lost a loved one due to any of these reasons, you may be eligible to file a wrongful death lawsuit. How to File a Wrongful Death Lawsuit Moving forward after a loved one’s death can feel daunting. The Beliz Law Firm can help you with these steps to ensure you file a strong claim. Determine if You’re Eligible Not everyone can file a wrongful death lawsuit. California law dictates who has the legal right to seek compensation. This typically includes spouses, domestic partners, and children of the deceased. In some cases, stepchildren, grandchildren, and those eligible for intestate succession can also file a claim. It’s best to speak with an attorney if you have a potential claim. They can assess your situation and determine your best course of action. Gather Necessary Documentation It’s important to stay organized and gather documents when filing a claim. This evidence will help you build a strong case. Possible evidence can include the death certificate, police reports related to the incident, medical records, and proof of your relationship to the deceased. Having this documentation readily available will streamline the process and help your lawyer file quickly. Meet with a Wrongful Death Attorney You need legal guidance when filing a wrongful death lawsuit. A wrongful death attorney excels in navigating these complex cases. They can review the details of your situation, assess the strength of your claim, and provide a list of options for compensation. At the Beliz Law Firm, this initial consultation is free and comes with no obligations. It gives you a chance to ask questions and understand your legal options. Don’t hesitate to contact our firm to learn more about how to file a wrongful death claim. File Within the Statute of Limitations California law imposes a time limit for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, you have two years from the date of your loved one’s death to take legal action. Missing this deadline can permanently bar you from seeking compensation, so it’s vital that you speak with a lawyer as soon as possible to protect your rights. Compensation Available After a Wrongful Death A wrongful death lawsuit can’t replace the loss of your loved one, but it can help ease the financial burden left in their wake. Here’s a breakdown of the various damages you might be able to recover: Remember, each case is unique, so the specific compensation you can recover depends on your case. An experienced wrongful death attorney from the Beliz Law Firm can evaluate your situation and calculate the maximum compensation you deserve. Schedule Your Free Consultation Losing a loved one can lead to immense emotional and financial burdens. The Beliz Law Firm can help you hold the liable party responsible and seek compensation for your hardships. With nearly 20 years of experience, our dedicated wrongful death attorneys know how to file a wrongful death lawsuit and get results for clients. Call today to speak with a California wrongful death lawyer.

Truck Accidents

What Evidence Is Needed to Prove Negligence in a Truck Accident Case

Jul 6, 2024 | By Michael Beliz | Read Time: 3 minutes

Being the victim of a truck accident is a traumatic experience. You’re facing painful and debilitating injuries that can permanently alter your life, making it difficult to enjoy the things you love and live independently. If this happened to you or a loved one, we know you’re angry and want justice. California law allows truck accident victims to hold parties accountable for the injuries caused by negligence. What evidence is essential for a successful truck accident claim? To be successful, you must provide evidence of the four elements of negligence. But what type of evidence is needed to prove negligence in a truck accident case? Our experienced truck accident attorneys at the Beliz Law Firm can help you collect the evidence you need to prove your negligence claim. What Type of Evidence Is Needed to Prove Negligence in a Truck Accident Case? Experienced truck accident attorneys know how to prove negligence in a truck accident case. You must provide evidence of the four elements of negligence: The following includes common types of evidence. Accident Photos and Video Footage Photos and surveillance footage of the accident scene establish what happened. Photos can show car damage, property damage, and debris after an accident. Video footage may show the actual accident. Black Box A black box is an electronic monitoring device. It can provide crucial evidence in a truck accident case, such as: A black box in a truck is similar to an airplane’s black box. Police Report When police are called to the scene of an accident, they write a report that includes the following: Police reports can be collected from the local police station. Camera Footage Some trucks have cameras. If the camera faces the driver, it can show what the driver did during the crash, such as sleeping (driver’s fatigue) or talking on the phone (distracted driving). The camera can also be on the outside of the truck, providing evidence that the truck swerved or was driving too close to another vehicle. Log Books Federal regulations require truck drivers to maintain specific schedules for driving, including mandatory breaks and rests. The driver must log their driving hours, breaks, and rests in a log book. Log books provide evidence of the driver’s compliance with these regulations. Alcohol and Drug Testing All truck drivers should operate their trucks free from alcohol or drugs. Driving while under the influence is a breach of their duty. If there is suspicion of driving while intoxicated, an alcohol or drug test should be performed. Phone Records Phone records can show whether the driver was talking on the phone, texting, or sending emails when the crash occurred. Truck Maintenance Schedule Trucks need routine maintenance to ensure they are operating correctly. Thus, all trucking companies should have a maintenance schedule for their trucks. Suppose there is no maintenance schedule, or a truck operates with missed maintenance appointments. In that case, this can be used as evidence of the trucking company’s failure to follow through with its duty to ensure its trucks function properly. Employee Files Trucking companies should keep detailed employee (or independent contractor) files on their truck drivers. These files provide information such as whether the driver has the proper training and license to drive a truck. Medical Records Healthcare records provide evidence of injuries sustained from the truck accident. Examples of records include the following: A doctor’s diagnosis explains the extent of the injuries and describes the effect they will have on the life of the victim and their ability to earn a living. Healthcare bills provide evidence of the financial impact resulting from the injuries. Financial Records Part of the element of damages in a truck accident claim involves providing evidence of financial injury. After a truck accident, you most likely took time off work. This loss of income is recoverable. Further, truck accidents can affect your ability to earn a living in various ways, such as: Evidence of these financial damages can be found in tax documents, pay stubs, and bank statements. Contact The Beliz Law Firm for a Free Consultation Founder of the Beliz Law Firm and University of San Diego School of Law graduate Michael A. Beliz has almost 20 years of legal experience. He understands the importance of collecting and preserving evidence immediately after an accident. Proving negligence in a truck accident lawsuit can be complicated. You don’t want to miss anything. Having a seasoned attorney can enhance your chances of maximum recovery. Contact our office now for a free case evaluation.

Car Accidents

California Dram Shop Law

Jul 6, 2024 | By Michael Beliz | Read Time: 3 minutes

Choosing to drive after consuming alcohol is a terrible decision. Unfortunately, it is a decision people make every day. Driving while intoxicated impairs judgment and makes reflexes sluggish, increasing the risk of an accident. Many states have adopted dram shop liability laws to prevent these tragedies. Dram shop laws aim to hold establishments responsible for serving too many alcoholic beverages to a patron or for serving an already intoxicated patron. California dram shop laws are complicated. In the past, they aggressively targeted establishments, providing an opportunity for victims injured in accidents caused by intoxicated persons to sue the establishment that served the alcoholic beverages. However, the California legislature has primarily repealed this law, leaving only a tiny exception regarding serving alcohol to minors. The Beliz Law Firm is well-informed of all legal updates about California dram shop laws. If you have been injured in an accident caused by an intoxicated person, contact one of our attorneys to see if you are legally able to sue the establishment or host who served the alcoholic beverages. What Is a Dram Shop Law? First, what is a dram shop? A dram shop is an establishment that sells alcoholic drinks. Common examples include bars, restaurants, clubs, and lounges. A dram shop law is implicated whenever: For a typical example, suppose John goes to Tavern ABC, and the bartender serves him excessive amounts of alcohol, even though it is clear John is drunk. John then drives home, and because the alcohol impairs his cognition, he runs a red light and hits another car. Jane, the driver in the other vehicle, is severely injured. Jane can file a dram shop claim against Tavern ABC, who overserved John. This example describes how the dram shop liability laws used to be in California. However, the law now favors establishments over injured victims. Who Can Be Sued in a Dram Shop Case in California? Under California’s current dram shop liability law, the establishment no longer bears the responsibility to monitor the alcoholic intake of its patrons. Individuals are responsible for monitoring their alcohol intake. There are now only two legal exceptions, and they both involve serving alcohol to minors. Apart from these exceptions, the new law eliminates a dram shop’s liability in California. Examples of Dram Shop Liability in California The following are hypothetical examples of dram shop liability cases. Example 1 John is 40 years old. He visits the ABC Tavern after work and has too many alcoholic beverages. John leaves the tavern intoxicated. While driving, he runs through a stop sign and hits motorcyclist Tom—breaking both his legs. Because of California’s limited dram shop liability, Tom cannot bring a claim for his injuries against Tavern ABC. He can, however, sue John. Example 2 Jane is 17 years old. She visits the ABC Tavern. Chris, the bartender, serves her too many drinks, and Jane becomes intoxicated. She later starts a fight in a bar and injures Diane. Under California law, Diane would likely be able to sue Chris. This example illustrates the exception to the dram shop repeal. A person licensed to sell alcohol can be liable for the injuries an obviously overserved and intoxicated underage patron causes. Because Jane was below the drinking age, Chris—but not ABC Tavern—could be held responsible for the injuries Diana suffered. Example 3 John and Jane threw their 16-year-old daughter a birthday party with her classmates at their house. John and Jane serve alcohol at the party. One of the party attendees, Tom, becomes intoxicated at the party. As he drives home, he hits a bicyclist. John and Jane can be liable as social hosts for Tom’s injuries because they served alcohol to individuals whom they knew were minors. Is There a Difference Between a Social Host Liability Law and a Dram Shop Liability Law? Yes. Sometimes, social host liability and dram shop liability are used interchangeably. However, social host liability refers to liability for serving alcohol in a non-commercial setting, such as a party at a personal residence. On the other hand, dram shop liability refers to the liability for serving alcohol at a place of business, such as a bar or restaurant. Contact The Beliz Law Firm If you or a loved one was injured in an accident caused by an intoxicated individual, contact The Beliz Law Firm. Founder Michael A. Beliz can analyze your case to determine your eligibility for compensation. He has 18 years of legal experience and has secured millions of dollars for his clients. Contact our office now for a free case evaluation.

Personal Injury

What Are Common Deposition Questions for an Auto Accident Lawsuit?

Mar 28, 2024 | By Michael Beliz | Read Time: 3 minutes

Most car accident claims settle without ever going to court. However, when parties cannot come to a fair settlement, a claimant may file an auto accident lawsuit to get the compensation amount they deserve. When they file suit, depositions will ensue and your personal injury lawyer will be able to interview the defendant. It is also likely that opposing counsel will interview you as well. The following considers what a deposition is, and what some common deposition questions are during an auto accident lawsuit. What Is an Auto Accident Deposition? Depositions are one of the tools that lawyers use during the discovery – or investigative – process of a lawsuit to gain information. Simply put, depositions are oral statements given by parties under oath, and deposing a person is the act of the lawyer asking the person questions. In an official deposition during the car accident lawsuit process, the deposition is recorded, and all persons questioned are required to answer truthfully. Multiple parties, including the plaintiff and the defendant, as well as any medical providers and witnesses, may be deposed. Sample Deposition Questions for the Defendant in Car Accident Cases Your car accident lawyer will be responsible for deposing the defendant, the person against whom you are filing a car accident lawsuit. In addition to several background questions, such as the defendant’s name and address, your attorney will probably ask: The list of questions goes on and on, and will vary significantly depending upon the details of your crash. Your lawyer’s goal is to secure facts for an admission of fault from the defendant in order to prove negligence and strengthen your case. Sample Deposition Questions for the Plaintiff in Car Accident Cases You will also be deposed during the car accident process. Just like your lawyer will try to secure an admission of liability from the defendant, the legal representation for the defense will try to gain information to lessen their scope for fault and damages for your injuries. For this reason, it is very important that you are careful in what you say, do not provide more information that you are asked, and are prepared for even the most difficult of questions. Some common deposition questions include: Additional Depositions In addition to deposing the defendant, and being deposed yourself by the defendant’s lawyer, you should also consider deposing key witnesses and experts. Witnesses may be key to prove the defendant is at fault for the car crash and to strengthen your pain and suffering claim. Experts can make opinions on how your body moved due to the impact of the crash and future medical needs. Luckily, when you work with the experienced auto accident lawyers at the Beliz Law Firm, we will handle all aspects of the deposition for you, and help you to prepare for the defense’s questions. Contact us today for your free consultation and information.

Wrongful Death

What Constitutes Wrongful Death in California

Jan 18, 2024 | By Michael Beliz | Read Time: 4 minutes

Losing someone you love is a tragedy. It’s even worse when the cause of death is negligence. If you lost someone close to you because of someone else’s actions or failure to act, then you may be able to file a wrongful death lawsuit. You can recover financial compensation if you can prove that the other party’s negligence caused the death of your loved one. Our experienced attorneys at Beliz Law Firm can explain what constitutes wrongful death in California. Contact us today and schedule a free case evaluation. What Qualifies As Wrongful Death? California law defines wrongful death as a “cause of action for the death of a person caused by the wrongful act or neglect of another.” A wrongful death lawsuit can come about as a result of various situations. You must prove that someone either committed an intentional act or acted negligently. Intentional Act An intentional act is an act committed purposefully. It is a wrongful act if it endangers others. If the intentional act causes the death of another, a wrongful death claim may be pursued. For example, suppose someone engages in a physical altercation with another person. The attacker has committed the wrongful and intentional act of battery. If the victim later dies of the injuries they sustained in the fight, then the victim’s family may be able to file a wrongful death action against the attacker. Note, if your loved one was murdered you might be able to file a wrongful death lawsuit even if the murder suspect is acquitted. Negligence Most wrongful death lawsuits arise from incidents of negligence. Negligence occurs when someone acts carelessly doing something or not doing something. A wrongful death claim may be initiated when negligence results in someone’s death. Negligence wrongful death claims can arise from the following incidents: To prove negligence, you must prove the following four elements. Duty of Care You must prove that the person you are suing had a duty of care to the deceased. Determining the duty of care is fact-intensive. Examples include: The lawyers at Beliz Law Firm will help investigate to see if the person you are suing had a duty of care to your deceased loved one. Breach of Duty Next, there must be a breach of duty to the deceased. You must prove that the party you are suing did something or failed to do something. This action or inaction caused them to breach their duty. For example, when motorists fail to stop at a red light, they breach their duty to drive safely. Or, when a doctor diagnoses a heart attack as heartburn without performing proper tests, then they breach their duty to provide an appropriate level of care. Causation To be successful in your negligence claim, it is not enough that you prove a breach of duty. You must connect the breach to the death of your loved one. Your California wrongful death attorney will help you gather the evidence necessary to hold the parties responsible for your loved one’s death accountable. Damages No amount of compensation can reverse time and bring your loved one back to life. But a wrongful death claim allows you to recover losses that resulted from your loved one’s death, including the following: Calculating damages can be complex. Let the experienced attorneys at Beliz Law Firm handle the work while you and your family recover from your tragic loss. Who Can Bring a Wrongful Death Claim? California law outlines who can bring a wrongful death claim. They include the following: The putative spouse of the decedent and any children they have may also be able to file a wrongful death claim. A minor who does not fit any of these categories may also file a wrongful death claim if they lived with the decedent for 180 days before the decedent’s death and were dependent on the decedent for at least one-half of their support. How Long Do You Have to Bring a Wrongful Death Claim in California? There is a specified time frame to bring civil and criminal claims in California. This time frame is called the statute of limitations. Once this deadline has passed, a plaintiff can no longer pursue a claim. In California, a party has two years to bring a wrongful death claim. Even if you can prove all the elements of what constitutes a wrongful death lawsuit, you cannot hold the negligent party accountable if you fail to bring the claim within two years. Be aware that the statute of limitations for a wrongful death claim starts on the date your loved one passed away, which may not be the same date as the incident or accident. Contact Beliz Law Firm for a Free Case Consultation California wrongful death cases can get complicated. It may be hard to determine what is considered a wrongful death. That’s why you must talk to the experienced attorneys at Beliz Law Firm. With almost two decades of legal experience, founder Michael A. Beliz has recovered millions of dollars for his clients. Michael understands the difficult time you are going through. At Beliz Law Firm, you don’t have to deal with the aftermath of this tragedy alone. Contact us today and find out how we can help you.

Car Accidents

Can an Auto Accident Settlement Exceed the Policy Limit in California?

Jan 9, 2024 | By Michael Beliz | Read Time: 4 minutes

Even though, as a whole, people drove less in 2020 and 2021 due to the pandemic, auto accidents were unfortunately widespread. Distracted driving accounted for approximately 14% of all car accidents resulting in injuries in 2020, according to the National Highway Traffic Safety Adminstration (NHTSA). Also in 2020, over 1,100 people lost their lives due to alcohol-related car accidents in California. NHTSA estimates that in 2021, over 4,000 lost their lives in a traffic accident. Car insurance serves to help make sure that a crash victim receives a minimum amount of compensation for their injuries and damages. But what if the damages are more than the insurance policy limit? Can an auto accident settlement exceed the policy limit in California? California Insurance Policies and Limits California has special laws when it comes to car insurance. By law, individuals can carry traditional motor vehicle insurance or provide proof of financial responsibility in lieu of insurance. This allows individuals flexibility to choose how they would like to cover car accident liability. Additionally, it protects the public by requiring individuals to secure a method to compensate car accident victims for losses. Types of California Insurance Policies California allows drivers to carry the following types of liability policies: Some individuals may qualify for a low-cost insurance program. This program improves access to insurance coverage to individuals who can’t afford traditional car insurance. In return, however, the policy limits and coverage are less than those of traditional insurance. California Insurance Policy Limits California’s drivers must provide evidence of the following minimum amounts of financial responsibility in case of an accident: If the individual carries a low-cost automobile insurance policy, the following limits apply: These are the minimum amounts of coverage that California’s drivers must carry or bear responsibility for. But drivers can opt to take out policies with higher coverage amounts. Can an Auto Accident Settlement Exceed the Policy Limit in California? It depends. Part of the insurance contract is that the driver agrees to pay the insurance company X amount in exchange for the insurance covering losses totaling X amount or less. Typically, insurance policies and limits represent the highest amounts that the insurance company may agree to pay if there’s an accident. In California, you have to give the at-fault insurance company one opportunity to resolve the claim within their limits by sending over enough information to show the limit amount should be tendered. If the insurance company disagrees and does not pay, then the insurance policy limit is open. You can still negotiate with the insurance company and at-fault parties to reach a settlement agreement that works for everyone. Additionally, if you have underinsured motorist coverage, your insurance company may cover some of your damages. Having an experienced auto accident lawyer to help you increases your chances of recovering. The Beliz Law Firm helps people like you negotiate with the insurance company. We’re not afraid to go to court to help victims and their families get the compensation they need and deserve. What Are My Options If My Damages Exceed the Insurance Policy Limits? Some car accident injuries like traumatic brain injury can incur a lifetime cost for medical treatment of thousands to over $1 million dollars. Aside from medical costs, you or your loved one may be missing out on wages, enduring pain and suffering, and going through other hardships because of the accident. Do you have options? If you’re unable to negotiate a suitable settlement outside of court, filing a lawsuit may be your best option. If you go to court, the money award you receive isn’t limited by the insurance policy limits. California’s personal injury damages laws set how much you can receive from the at-fault party or parties. Under California law, you may be entitled to full, fair, and reasonable compensation for the damages that the at-fault party caused. This includes direct damages, like to your car and your body during the accident. Additionally, you may receive compensation for the harm to you, your life, and your family because of the accident. In other words, compensation for your pain and suffering and lost wages. Unfortunately, just because a court may award you damages does not mean you will be able to collect them. Underinsured drivers often lack the resources to pay a judgment. Your attorney can investigate to help you determine whether filing a lawsuit will be worthwhile. If you have uninsured/underinsured motorist coverage on your own insurance policy, you can make a claim with your own insurance company up to the limits of that policy. A lawyer can help you navigate claims with both the at-fault driver’s insurance company and your own insurance company. Hiring a knowledgeable and trustworthy auto accident lawyer helps you maximize the recovery you receive. The Beliz Law Firm—Trusted By Southern California Since 2011 Car accident victims need someone they can trust on their side. After all, insurance companies want to save money and at-fault parties aim to pay as little as possible. Meanwhile, car accident victims and their families must pay the price of an accident that wasn’t their fault. Without an attorney in their corner fighting for them, victims may unknowingly sign away their rights to compensation and accept a car accident settlement that’s far less than what their claim is worth. For nearly 20 years, Attorney Michael Beliz has helped numerous victims recover for their losses. We take on faceless insurance companies and hold at-fault parties responsible. We offer free case reviews and don’t charge you a dime in upfront legal fees. Contact us today.

Dog Bite Injury

Average Settlement for Dog Bite in California

Jan 9, 2024 | By Michael Beliz | Read Time: 4 minutes

Dog Attack Compensation in California What is the average dog bite settlement in California?Your dog bite settlement will vary depending on several factors including the location of the bite, the severity, insurance limits, medical bills, and more. So, it would be unjust to state an exact amount that your dog bite settlement could be worth. However, speaking with an attorney can give you a better idea on if you have a valid claim and the potential payout you could receive. Contact us today for a free consultation: 562-262-9917 Navigating through the complexities of dog attack compensation in California requires a thorough understanding of legal and medical processes following the incident. The average dog bite settlement can vary significantly from case to case. If the dog caused severe injuries, the person might have incurred more expenses, possibly meriting a higher settlement. In contrast, if the victim suffers minor bruises or no physical injuries at all, the damage award may be lower. An attorney can help you understand and assert your legal rights to help maximize your settlement. Michael Beliz has successfully helped numerous clients recover compensation in many personal injury cases, including claims involving dog bites. He understands the trauma and risks that his clients experience when they suffer a dog attack. He and his team provide aggressive yet compassionate legal representation to clients throughout California to help them reclaim their lives and recover compensation. What Is the Average Settlement for a Dog Bite Case? Every situation leading to a dog bite is unique. For that reason, there is no average settlement for a dog bite case in California. Your chance of recovering compensation depends on a host of factors, such as: The best way to determine if you have a claim against a dog owner and how much that might be is to talk to a legal professional who regularly practices in this area of law. An attorney understands the nuances of California’s dog bite and personal injury laws and may give you some information on what to expect if you pursue damages. What Might Affect the Average Dog Bite Settlement Amounts? While no one can reasonably guarantee a particular outcome, there are common types of damages that may arise in a given case. Three common sources of compensation include medical expenses, lost wages, and pain and suffering. The specific amount of these (or whether the victim receives these at all) depends on the surrounding circumstances. Medical Expenses Dog bites can cause puncture wounds, broken bones, lacerations, bruises, and infections. These can result in the victim paying hospital bills, co-pays, prescription drug fees, and rehabilitation costs. Medical expenses are a common source of damages in a dog bite case. To recover these damages, you’ll need to show that they resulted from the dog bite. In addition, there may be future medical expenses like plastic surgery once the dog bite heals. Lost Wages Many dog bite victims may have to miss work while they quarantine, receive treatment for their injuries, or recover after an attack. You may be entitled to reimbursement from the dog’s owner to cover the time you could not work because you had to attend attack-related medical treatments or stay home and recover. Pain and Suffering Pain and suffering is another type of compensation dog bite victims may receive. This type of damage award compensates you for the pain and trauma involved in suffering a dog bite. It can include the trauma of the event and the effects you experience later on. How Can I Maximize the Average Payout for a Dog Bite? There are steps you can take to help maximize the payout you may receive for a dog bite. These steps include seeking medical attention, taking swift action, and hiring an attorney. While none of these guarantee a particular outcome, they help set you up for possible success. Take Photos Take photos of the dog and your injuries. Keep taking photos of your injuries to show the healing process. Documenting your injuries from the very beginning will show the defendant how your life was affected from the attack. Call Animal Control Call the local animal control. They will go out and gather information about the dog and the dog owner, in addition to getting statements from all interested parties and taking photos of the dog and any injuries. This information will all be put into a report that will be useful for your dog bite claim. Seek Medical Attention Seeking medical attention after a dog bite is imperative to protect your health. Because dogs use their mouths so frequently and owners do not sanitize their pets’ mouths every day, dogs tend to have a lot of potentially dangerous bacteria in their saliva. The best practice is to go to the doctor even before you show signs of an infection. This helps protect your health and sets a strong foundation for your legal claim. Take Swift Action California imposes a strict deadline on when injury victims can file a claim against an at-fault party for a personal injury. In most cases, this deadline is two years, but there are exceptions. Some claims may merit a longer or shorter time limit. An attorney can help you identify and meet this deadline. Hire an Attorney Hiring an attorney can help you prepare, present, and effectively negotiate your settlement. Further, at-fault parties are more likely to take you and your dog bite claim seriously if you have an attorney to help you. A lawyer serves as your advocate to help ensure that your best interests are respected during the case. Find Out You Potential Dog Bite Settlement – Contact The Beliz Law Firm Dog bites can be terrifying experiences, causing trauma and physical injuries. If you suffered an injury during a dog attack, acting quickly and effectively to protect your physical health and legal rights is essential. Michael Beliz understands the pain and challenges experienced by California dog bite victims. He can help you understand the applicable laws in your...

Dog Bite Injury

How California Law Treats Dangerous Dogs

Jan 9, 2024 | By Michael Beliz | Read Time: 4 minutes

If you suffered injuries after being bitten by a dog, you likely have many questions, including who will pay for your damages. You might also wonder what happens to the dog after an attack. California has multiple laws dealing with dog bites and what the state defines as a vicious dog. You may hear dogs get “one free bite,” but that isn’t necessarily true as owners can be liable for every bite. The California dangerous dog law defines potentially dangerous or vicious dogs, but the law is not breed-specific. Understanding the laws surrounding vicious dogs in California can be confusing. You need a California dog bite attorney to help you pursue a claim against the responsible parties. Definition of Potentially Dangerous and Vicious Dogs in California The dangerous dog law in California spans several different sections, including the California Food and Agriculture Code. Division 14, Chapter 9, Section 31602 defines a “potentially dangerous dog” as: As you can see, the law defines more than what happens when a dog bites a person. This statute also means that if a dog bites another dog, the law in California will declare it a potentially dangerous dog. But an attack on another animal must be unprovoked and happen twice in 36 months. Section 31603 of the same code also defines a vicious dog as being one that either: If you sustained injuries from a dog bite, don’t worry about trying to determine if the dog was already declared a potentially dangerous or vicious dog. Let an experienced dog bite lawyer in California help you. At the Beliz Law Firm, we have years of experience dealing with dangerous dog claims and can help protect your rights. What Do Owners Need to Do for Potentially Dangerous or Vicious Dogs? Under the California Food and Agriculture Code, owners must take specific actions with a potentially dangerous dog. A potentially dangerous dog must be registered, vaccinated, and the owners could pay an additional licensing fee. The dog must be kept inside the owner’s home or behind a secure fence where the dog cannot escape, and children cannot trespass. If the dog is not on the owner’s property, they must have it restrained by a substantial leash of appropriate length and controlled by an adult. The owner must notify animal control in writing if the dog is sold, transferred, dies, or permanently removed from the city or county where the owner resides. They must notify animal control about the dog’s new location within two working days of the change. If the court declares the dog vicious, animal control departments have rights under the dangerous dog bite law. Euthanasia might possibly be ordered by the court in this situation. If animal control does not destroy the dog, owners will be subject to additional conditions to protect others from potentially being attacked. The dog owner may be subject to additional rules and restrictions depending on their city. Various cities and counties in California have provisions for controlling dangerous or vicious dogs. The caveat is that these programs cannot be restrictive as to breed. What Happens if an Owner Violates the California Dangerous Dog Law? As stated, a victim may bring a personal injury lawsuit against the dog’s owner. But the owner could also face criminal prosecution for violating the dangerous dog law in California. California Penal Code 399 can impose criminal charges for failure to control a dangerous animal. This statute applies when the keeper or owner fails to use ordinary care to confine a dangerous or vicious animal, and someone else suffers severe injuries. Depending on the circumstances, the dog’s owner or keeper might be facing a misdemeanor or a felony charge. Both offenses could result in jail and fines. Contact Beliz Law Firm Today If you suffered injuries due to a dog bite in California, let the skilled legal team at the Beliz Law Firm assist you. Dog bites can result in severe physical and emotional injuries. You could be entitled to compensation for your damages. We understand what a stressful and traumatic time this is for you and can help you pursue compensation from the responsible parties. Call today to learn more about how we can help. You only have a limited amount of time to bring a claim for damages related to a dog bite. Schedule an appointment today to ensure you don’t miss the filing deadline.

Motorcycle Accidents

Motorcycle vs Truck Accidents in California

Dec 7, 2023 | By Michael Beliz | Read Time: 3 minutes

California is one of the country’s most desirable destinations for riding a motorcycle. Scenic routes and temperate weather make it a dream. However, the risk of getting into an accident is high, especially with all the large trucks transporting cargo up and down the state. If you or a loved one was involved in a motorcycle vs truck accident, you have the legal right to pursue a claim for damages. The aftermath of a motorcycle accident can be daunting. Victims likely face challenges with mounting medical bills, a slow recovery, and a stressful claims process. Hiring an experienced California accident lawyer can help. Read on to learn more about the causes of these collisions and what damages you can typically recover. Common Causes of Truck-Motorcycle Collisions Accidents involving motorcycles versus trucks can happen for any number of reasons. Some of the most common causes include the following: Numerous other factors can lead to a motorcycle vs truck accident, but these are some of the most common ones we see. Recoverable Damages in a Motorcycle vs Truck Accident Understandably, injured victims want to know what they can recover in a claim against the responsible party. Every case differs, but some of the most common damages available in these types of collisions include the following: Hiring an experienced attorney is crucial to protect your rights and maximize your chances of recovering the most compensation. Injuries and Fatalities in Motorcycle and Truck Accidents When you compare these two types of collisions, there’s no comprehensive data on motorcycle vs truck accident statistics in California. According to the California Highway Patrol, accidents involving motorcycles in 2019 resulted in 480 fatalities and 12,707 injuries. During the same year, truck accidents resulted in 344 deaths and 7,009 injuries across the state. Contact a California Accident Attorney If you sustained injuries in a motorcycle vs truck accident, contact the Beliz Law Firm. Attorney Michael Beliz has nearly two decades of experience representing injured victims of accidents in Southern California. When you need assistance getting justice after someone else’s negligence caused an accident, our legal team stands ready to help. Schedule a consultation today and learn more about how we can assist you.

Car Accidents

What Is the Average Settlement for a Drunk Driving Accident in California?

Oct 16, 2023 | By Michael Beliz | Read Time: 4 minutes

Overview of Drunk Driving Accident Settlements in California Drunk driving remains a serious public safety problem in California. According to the most recent data from Mothers Against Drunk Driving (MADD), more than 1,000 people were killed in DUI crashes in the state in 2017. Many thousands more innocent victims suffered severe, even life-changing injuries in wholly avoidable DUI accidents. When a drunk driver hits you, it is a trying experience, especially if there are serious injuries. As you recover from injuries, it is natural to think about recovering compensation from the drunk driver who hit you. You have to consider medical bills, rehabilitation costs, missed work, and more. This raises an important question: How much can you expect to recover and what is the average drunk driving accident settlement in California? The truth is, there is no true ‘average’ drunk driving accident settlement amount because each claim is different and unique. If you were injured by an intoxicated driver, your potential settlement will vary based on the severity of your injuries and circumstances surrounding your case. Your DUI accident settlement can include compensation for pain and suffering, lost earning capacity, and reimbursement for medical bills. At The Beliz Law Firm, our top-rated Long Beach, CA drunk driving accident lawyer is standing by, ready to fight for your rights. Car accident lawyer Michael Beliz can help you understand what your case is worth. Consultations are always free – reach out today. Average Settlement for Drunk Driving Accidents in California After an injury in a car accident, the driver at fault for the accident may be liable for your injuries. In some cases, the person that caused the accident was driving under the influence. If that happens to you, there is a good chance the other driver owes you compensation. An accident involving a drunk driver can often yield a higher settlement or judgment than a case in which the driver at fault was not impaired. However, the value of any personal injury or wrongful death claim depends on the case. Is There a Normal Drunk Driving Personal Injury Settlement? There is no “normal” settlement for car accident injuries caused by a drunk driver. In California, some personal injury awards are more than a million dollars. Other cases settle for under $10,000. The compensation owed in your personal injury case depends on many factors. They include the severity and permanence of your injuries, the economic loss you suffered, and the degree of comparative fault. The defendant’s insurance coverage and ability to pay will also play a large role in the value of a settlement. How Do We Calculate Damages in Drunk Driving Accident Cases There are two kinds of damages in personal injury cases: compensatory damages and punitive damages. Compensatory damages compensate an injured person for his loss. We categorize these into economic (special) and non-economic (general) damages. Punitive damages (also called exemplary damages) punish the defendant for extreme neglect or bad behavior. To award punitive damages, California law requires the defendant must have “willfully and deliberately failed” to avoid the known consequences of his negligence. Not every drunk driving personal injury case will include punitive damages. In some cases, however, juries have awarded millions of dollars in punitive damages to the families of those killed by an intoxicated driver. How to Maximize Your Compensation After a DUI Accident in California Whether you are seeking compensation for direct economic losses — such as medical bills, lost wages, etc — or you are seeking compensation for non-economic damages — such as pain and suffering, disfigurement, or emotional distress — it is crucial that your damages are properly documented and effectively presented. Ultimately, compensatory damages must be tied to your losses. To obtain compensation through a settlement or personal injury verdict, your claim should be carefully documented with strong supporting evidence either through receipts, bills, photos, etc. Indeed, the key to obtaining successful results in the personal injury settlement process often lies in the evidence. Notably, the large insurance companies that typically defend DUI accident claims have a well-established reputation for being highly aggressive. It is rare that these insurers will lead with their best and final settlement offer at the beginning of the negotiation process. Their fundamental goal is to settle drunk driving accident claims for the lowest amount possible and as quickly as possible. Insurers train their representatives to look for any information that they can use against plaintiffs in order to reduce a personal injury settlement. For this and other reasons, it is highly recommended that you deal with the insurance company through your attorney. Your attorney will make sure that your interests are protected. When Can You Recover Punitive Damages in a California DUI Accident Case? Punitive damages will only be awarded in cases where there was gross negligence or extraordinarily reckless misconduct by the defendant. In DUI accident cases, California courts are instructed to look to the state’s statutes on punitive/exemplary damages (Civil Code § 3294). What is notable is that California requires plaintiffs to present ‘clear and compelling’ evidence in seeking punitive damages. This is a significantly higher legal threshold than the ‘preponderance of evidence’ standard that is used for compensatory damages. In order to recover punitive damages for a drunk driving accident, you must be able to clearly demonstrate that the defendant (the intoxicated driver) was grossly negligent or willfully reckless. The worse the behavior of the defendant, the more likely punitive damages are to be awarded. An example of willfully reckless behavior is a prior DUI conviction. If you are considering seeking punitive damages in your case, it is imperative that you seek guidance from an experienced Long Beach drunk driving accident lawyer who can help you prepare the strongest possible legal claim. Need Help Receiving a DUI Accident Settlement in California? Contact The Beliz Law Firm If you or a loved one is in a car accident, and you suspect the driver was under the influence of alcohol or drugs, speak with an attorney right away....

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