Legal Blog

Loss of Consortium in California: What to Know

Aug 14, 2024 | By Michael Beliz | Read Time: 3 minutes

When a loved one suffers a severe injury, the emotional and practical repercussions extend far beyond the immediate physical effects. In California, if your spouse or registered domestic partner has sustained injuries due to someone else’s negligence, you may have the right to seek compensation not just for the medical bills and lost wages but also for the loss of companionship, affection, and support. Loss of consortium in California recognizes an injury’s profound impact on a marriage’s intimate, personal aspects. In this post, we’ll explore what you need to know about pursuing a loss of consortium claim—from understanding the legal definitions and eligibility requirements to proving your claim and calculating potential damages. Whether you are newly navigating these waters or seeking further clarification, our guide aims to provide clear and empathetic insights into how you can seek justice for the emotional and support-related losses you have endured. What Is a Loss of Consortium Claim? Loss of consortium as defined in California’s Civil Jury Instructions 3920 references the deprivation of the benefits of a specific type of familial relationship due to injuries caused by another party. This loss includes the loss of love, comfort, companionship, affection, solace, moral support, and, in some cases, the loss of the ability to have children or the sexual relationship between spouses. In California, the law recognizes these aspects. Although intangible and non-economic, they are invaluable to the quality of life and, thus, are compensable. The emotional toll on a spouse who must now cope with both the immediate and long-term implications of their partner’s injury cannot be understated. Loss of consortium goes beyond financial hardship; it encompasses the profound emotional and psychological distress experienced when the dynamic of a marital relationship is fundamentally altered. Who Can Bring a Loss of Consortium Claim in California? Only some people can legally file a loss of consortium claim in California. The right is reserved primarily for the uninjured spouse of someone directly harmed by another’s negligence or wrongful act. There must be a legally recognized marriage or, in some cases, a registered domestic partnership where the partners live together. It is crucial that the marriage or partnership existed legally at the time of the injury. Merely dating or being related in a way that is not marital would not qualify. Further, the spouse’s injury must be serious and significantly impact the couple’s relationship. Minor injuries with little to no long-lasting effects on the marital relationship typically do not qualify for loss of consortium damages. Proving Loss of Consortium Proving a loss of consortium claim in California requires clear and compelling evidence demonstrating the negative impact on the marital relationship. Key elements include proving the: Evidence often involves: Photographs, videos, and personal diaries can also be instrumental in showing the quality of life and the couple’s interaction before the accident. The uninjured spouse may need to discuss intimate details of their marital life to convey the depth of their loss, which can include changes in affection, support, companionship, and even day-to-day interaction. This evidence helps paint a vivid picture of the loss and its profound effects on the uninjured spouse. Calculating Loss of Consortium Damages Determining the amount of compensation for loss of consortium damages can be complex due to the subjective nature of the losses involved. In California, juries and judges consider several factors when assessing these damages at trial, including the stability and closeness of the marriage, the living arrangements before and after the injury, and the life expectancy of both spouses. These factors help to measure the extent of loss and translate it into a monetary value. Economic experts may be employed to provide testimony on the loss’s impact on the spouse’s quality of life and future projections of this loss. While there is no fixed formula, the compensation typically reflects the severity of the injury and its long-term effects on the marital relationship. Have a Loss of Consortium Claim in California? Contact The Beliz Law Firm Understanding the intricacies of loss of consortium in California is crucial in advocating for the compensation you rightfully deserve. If you are grappling with the effects of an injury that has disrupted your relationship with your spouse, it’s important to seek legal advice.At The Beliz Law Firm, we’re dedicated to helping you through these challenging times with empathy. Our team has years of experience with loss of consortium claims and is well-equipped to guide you every step of the way. Don’t try to pursue a loss of consortium claim alone. Contact The Beliz Law Firm today for a consultation, and let us help you secure the compensation you need to begin the process of emotional and financial recovery.

Car Accidents

Average Settlement for a Bus Accident in California

Aug 14, 2024 | By Michael Beliz | Read Time: 3 minutes

When involved in a bus accident in California, understanding the potential financial compensation is a common concern for many victims. However, pinpointing the average settlement for a bus accident is more complex. Each bus accident case has its own circumstances, making it nearly impossible to establish a standard settlement figure. This post will explore the various factors that influence settlement amounts in bus accidents, providing insight into why each case must be evaluated on its merits. By understanding these factors, you can better anticipate the potential outcomes of your specific situation. How Much Money Do You Get If You Get Hit by a City Bus? Settlements in personal injury cases, such as those involving city bus accidents, vary significantly. These settlements are designed to compensate victims for injuries and financial losses. The complexity of calculating public transport accident compensation arises from the wide variability in case specifics, such as injury severity and legal liability. Each settlement is tailored to the details of the individual city bus accident, making it challenging to use average figures as a reliable benchmark. The same goes for other types of bus accidents. Calculating the average settlement for a school bus accident follows the same process. Factors Influencing Settlement Amounts Individual factors can significantly influence the potential settlement amount when calculating case value. Some of the most critical factors include injury type and severity, liability, damages, and the amount of available insurance coverage. Injury Type and Severity The type and severity of injuries sustained in a bus accident play a pivotal role in determining the settlement amount. More severe injuries often result in higher medical expenses, longer recovery times, and increased compensation for pain and suffering. For instance, a spinal cord injury that leads to permanent disability will typically command a higher settlement than minor bruises or temporary discomfort. Liability Liability—who is at fault and to what degree—significantly affects settlement outcomes. Establishing liability can be complex in bus accidents, especially when multiple parties, such as the driver, the bus company, or even local government entities, might be involved. The clearer the liability is established against the defendant, the more favorable the settlement. Damages Damages in a bus accident can be economic, such as medical bills and lost wages, and noneconomic, such as pain and suffering. The total of these damages forms the basis of the settlement negotiations. In rare cases, punitive damages may also be considered if the defendant’s conduct was particularly reckless or malicious. Insurance Coverage Another critical factor that impacts the settlement amount is the available insurance coverage. For example, settlements might be limited by the policy limits of the defendant’s insurance company. Understanding the details of all relevant insurance policies is essential for estimating potential compensation. Special Considerations in Bus Accidents Bus accidents often involve unique legal considerations, particularly when public transportation entities are involved. For instance, specific legal doctrines involving governmental immunity may apply when dealing with accidents involving city buses. These legal statutes can significantly alter the dynamics of a settlement. Suing a city or state entity can be more challenging than an accident involving two automobiles. Maximizing Your Settlement Taking comprehensive and strategic steps immediately following the incident is crucial to maximize your potential bus injury compensation after an accident. First, ensure that all aspects of the accident are well-documented, including detailed medical records and evidence from the scene. Hire a personal injury attorney experienced in bus accident cases. You need someone familiar with local laws and regulations. An attorney can effectively negotiate with insurance companies and, if necessary, litigate to secure the best possible outcome. Remember, the quality of legal representation can significantly influence the outcome of your settlement, especially in complex cases involving entities like schools or public transit systems. Not all personal injury lawyers have experience with bus accidents, so be sure to ask questions when initially meeting with a firm. Get the Compensation You Deserve for a Bus Injury – Contact The Beliz Law Firm Navigating the complexities of a bus accident claim in California requires a thorough understanding of the many factors that can influence the outcome. While predicting an average settlement for a bus accident is challenging, understanding the components, such as injury severity, liability, damages, and insurance coverage, can help set realistic expectations. Whether dealing with a school bus accident or a collision involving city transportation, having skilled legal representation is crucial.If you or a loved one has been affected by a bus accident in California, The Beliz Law Firm is here to help. Our experienced team is dedicated to protecting your rights and willing to fight to help you receive the compensation you deserve. Contact us today to discuss your case and explore your legal options.

Car Accidents

What to Do If You Are in a Bus Accident in California

Jul 27, 2024 | By Michael Beliz | Read Time: 3 minutes

Being involved in a bus accident in California can be a traumatic and confusing experience. Understandably, victims have many questions after an accident, including what happens if a bus hits your car. Knowing what to do if you are in a bus accident is essential to protect yourself and your legal rights. This post will provide clear steps if you got hit by a bus, helping you confidently navigate the subsequent claims process. Step 1: Ensure Safety First Your primary concern should be safety in the immediate aftermath of a bus and car accident. Assess your surroundings and your physical condition. If it’s safe to do so, and you can move away from traffic and any potential hazards like leaking fuel or broken glass. Help others if you can, but remember to avoid moving anyone severely injured unless there is an immediate danger, as this could exacerbate their injuries. Step 2: Call for Emergency Assistance Once you’ve secured your safety and that of others, if possible, dial 911. Getting hit by a bus is serious, and reporting the accident to the authorities is crucial. Emergency services will provide the necessary medical care and secure the area. The arrival of the police is also important as they will document the scene, which is essential for insurance claims and potential legal actions. Be prepared to provide details about the accident, including the location and any injuries known at the time. Step 3: Document the Accident Scene After ensuring that help is on the way and you are in a safe location, start documenting the accident scene. Use your phone to take clear photographs of the entire scene, focusing on the bus, any other vehicles involved, and relevant road conditions. Capture images from different angles and include any visible damages and injuries. If safe, take note of the bus number, route information, and any signage or traffic signals nearby. Additionally, if there are witnesses, ask for their contact information—they could provide valuable testimonies later. Remember, these details can be crucial for your insurance claim and any legal action you decide to take. Step 4: Exchange Information While you should not discuss the details of the accident or admit fault, it is important to exchange contact and insurance information with all parties involved. Obtain the bus driver’s name, license number, and insurance details. Also, gather information from other drivers if there are multiple vehicles involved. If the accident involves a city bus, note down any identifying details of the bus and the contact information for the transit authority. This step is vital for ensuring all relevant parties are documented for future reference in your case. Step 5: Get Medical Attention Even if you do not feel immediate pain or see visible injuries, it is crucial to seek medical attention after a bus accident. Some injuries, such as soft tissue damage or internal bleeding, may not show symptoms immediately. Visit an emergency room or your primary care physician as soon as possible. Ensure that all medical evaluations and treatments are documented thoroughly. These records will be vital for your health recovery and as evidence of your injuries in legal claims or insurance settlements. Step 6: Notify Your Insurance After addressing immediate health concerns, contact your insurance company to report the accident if applicable. It’s essential to do this promptly, as most insurers have deadlines for when you need to report an accident. You may receive contact from another party’s insurance company. You can confirm the facts of the incident but refrain from making any statements about comparative liability or how the accident happened. These discussions should be handled by an attorney to avoid any statements that could be used against you in the claim process. Step 7: Consult with a Personal Injury Attorney Understanding what to do after a bus accident can be confusing, especially in an accident involving municipal transportation services. Consulting with a personal injury attorney who focuses on bus accidents is crucial. An experienced attorney can provide you with guidance on what to do if you are in a bus accident, help you understand your legal options, and represent your interests in dealings with insurance companies and legal proceedings. They will protect your rights and fight for adequate compensation for your injuries and losses. Contact The Beliz Law Firm If you have questions about what happens if a bus gets in an accident, please get in touch with The Beliz Law Firm. These accidents can have significant repercussions on your health and legal rights. Our experience handling complex bus accident cases ensures you receive the support and guidance needed to navigate this challenging time. Contact us today to discuss your case and explore your legal options. Let us put our nearly two decades of legal experience to work for you.

Pedestrian Accidents

Steps to Take After a Pedestrian Accident in California

Jul 27, 2024 | By Michael Beliz | Read Time: 3 minutes

Being involved in a pedestrian accident can be a frightening and disorienting experience. Whether walking home from work or crossing the street to your favorite cafe, the sudden shock of an accident can leave you unsure of what to do after a pedestrian accident. Read on to learn more about the steps to take after a pedestrian accident in California, which will help you navigate the aftermath with confidence and clarity. Remember, the decisions you make in these moments are pivotal in ensuring your well-being and securing the legal support you need. Step 1: Ensure Your Safety The immediate aftermath of a pedestrian accident can be chaotic, but your first priority should always be your safety. If you are able, move to a safe area away from traffic to prevent further harm. Even if you feel fine, underlying injuries, such as concussions or internal bleeding, may not be immediately apparent. Be careful and don’t risk further injuring yourself. Step 2: Call the Police Once you are safe, you must report the accident to the police. Having law enforcement on the scene to file an official report is invaluable. This report will serve as a crucial piece of evidence in documenting the circumstances and can be pivotal when dealing with insurance claims or legal actions. Don’t assume that a minor incident doesn’t need to be reported; sometimes, symptoms of serious injuries take time to manifest. It’s vital to seek medical attention as soon as possible. By calling the police, you can request emergency medical response as well. Step 3: Gather Information While waiting for the police to arrive, use the time to collect as much information as possible. Exchange contact and insurance details with the driver involved in the accident. If there are witnesses, politely ask for their names and contact information as well. This step is crucial, as witness accounts can provide additional perspectives that support your version of events. Step 4: Document the Scene Documenting the accident scene is essential to build a strong case or claim. Use your smartphone to take photos and videos of the area where the accident occurred. Focus on capturing different angles that show road conditions, traffic signals, and any obstructions that might have contributed to the accident. Photographs of your injuries and any damage to the vehicle involved are also important. Additionally, jot down notes about the incident while your memory is fresh, including the time of day, weather conditions, and any immediate reactions you had. These details can be beneficial during legal proceedings or insurance negotiations. Step 5: Contact a Personal Injury Attorney After dealing with the immediate aftermath of a pedestrian accident, consulting with a personal injury attorney is a crucial next step. An experienced personal injury attorney can offer invaluable guidance on what to do next. At The Beliz Law Firm, we can answer all your questions, including what your legal options are after a pedestrian accident. We will help you understand your rights and the potential for compensation for your injuries and losses. Our team can also navigate the complexities of pursuing compensation and ensure you are not taken advantage of during this vulnerable time. Step 6: Follow Up on Medical Care Continuous medical care is vital for your health and as part of your legal claim. Follow all medical advice given by your doctor and attend all follow-up appointments. It’s also helpful to keep detailed records of all visits, treatments, medications, and any other expenses related to your injuries. These documents are crucial evidence to demonstrate the extent of your injuries and their impact on your life. Moreover, consistent medical records can significantly strengthen your case by showing a clear link between the accident and your medical issues. Step 7: Avoid Discussing Fault It’s essential to be cautious when discussing the accident, especially when speaking with the driver’s insurance company. Avoid making statements to the driver, witnesses, or insurance adjusters that could be interpreted as an admission of liability. Do not assume that the driver is automatically at fault because it’s a driver versus pedestrian accident. The insurance company will do a thorough investigation to try and shift the fault away from their insured driver. Similarly, refrain from posting details or opinions about the accident on social media platforms, as these comments can be used against you in the claims process. It’s best to let your attorney handle all communications regarding the accident. We are equipped to manage these discussions strategically, ensuring that your rights are protected throughout the process. Need Help After a Pedestrian Accident? Contact The Belize Law Firm If you have questions about the steps to take after a pedestrian accident in California, don’t hesitate to contact The Beliz Law Firm. Attorney Michael Beliz has nearly two decades of legal experience. He’s committed to guiding you through every step of your case, fighting for the justice you deserve. Contact us today for a comprehensive evaluation of your situation.

Wrongful Death

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.

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