Michael Beliz, Author at The Beliz Law Firm

Can I Get Compensation for my Whiplash Injury?

Dec 9, 2017 | By Michael Beliz | Read Time: 2 minutes

There are many different ways a car accident can cause injuries. These include broken bones, cuts, burns, and soft tissue injuries like whiplash. Whiplash refers to any painful neck injury. It can result from stretching and strains to the tendons, ligaments, or muscles in the neck. Whiplash occurs when the head is violently “whipped” forward and back or vice versa. This is where the name whiplash comes from. It is common for car accident victims to suffer whiplash. The injury may be severe enough to seek treatment for the condition. Doctors may treat whiplash among other things with prescription medication, physical therapy, electrical stimulation, or chiropractic manipulations. To limit movements, doctors may order a cervical collar while the patient recovers from whiplash. Yes, If Another Party was At Fault for your Accident You may recover compensation for your medical bills and expenses through a personal injury claim. To do this, you must demonstrate the following: Another party had the duty to take reasonable care to prevent an accident. In a car accident claim, this refers to the duty to obey posted speed limits, traffic signs, and avoid breaking other traffic laws; The party somehow breached his or her duty to prevent an accident. Speeding, driving drunk, following too closely, and texting while driving are examples of this type of breach; By breaching his or her duty to others, the driver caused an accident that resulted in your injuries; and The driver caused injury in terms of medical expenses or loss of earnings. In California, most accidents victims have two years from the date of your accident to file a personal injury lawsuit. File your personal injury claim ahead of this deadline. Give yourself and your lawyer sufficient time to negotiate an appropriate settlement. Recovering Compensation for your Whiplash Damages You can demonstrate that your injuries and financial damages were the direct result of another party’s negligence by providing evidence showing how the accident occurred and how it caused you to be injured. Evidence you can use to support your claim includes: Photographs of the accident; The official police report for the accident; Eyewitness testimonies of the accident; Documentation showing when you were out of work, what you earn, and the amount of earnings you missed because you were out to recover; Your medical bills; and Commentary from your doctor discussing the injury and your prognosis. Work with an Experienced Long Beach Car Accident Lawyer If an accident that could have been prevented if another party had taken greater care to reduce the likelihood of it happening caused injuries, you can seek compensation for your related monetary damages through a personal injury claim. To learn more about your rights, your legal options, and how to move forward with your claim, contact The Beliz Law Firm today to set up your free consultation with an experienced car accident lawyer. Call us at 562-452-3772.

Pedestrian Accidents

I Was Hit By a Car While Walking, Now What?

Nov 30, 2017 | By Michael Beliz | Read Time: 3 minutes

A pedestrian accident can leave you in critical condition. Since a pedestrian lacks protection from a vehicle, this type of accident can result in a severe injury like fractures to the extremities, a disability, and even death. As an injured pedestrian accident victim, you can seek monetary compensation for your damages if the driver was at fault for the accident. Just like you would do if you had been hit while driving your own car, remain calm and gather as much evidence as you can in the moments following the accident. No matter what, always put your health and safety first. But be aware that a pedestrian accident lawyer may be able to help significantly. If you Need Emergency Medical Care, Call 911 The sheer force of a one-ton vehicle versus a 150-pound person can cause a tremendous amount of serious injuries in the person. Therefore it is not unusual after a pedestrian accident for emergency medical providers to arrive at the scene. If the injuries are severe, you may be taken by ambulance to the local emergency room. However, even if an ambulance was not called to the scene, you still may want to seek medical attention afterward. It is not unusual for pains to your body to come along hours or even days after a collision. Prompt medical care can mean the difference between an easy recovery and a difficult one, or even life and death. File an Accident Report with the Police Call local law enforcement and have an officer sent to the scene. Once he or she arrives, fill out a police report that details your information, what happened, when it happened, and any other relevant details like speeds and distances. This report will be an important piece of evidence to support your claim. Get the Information of the Car Driver Take down the driver’s contact and insurance information. If you file a personal injury claim, you will file it with his or her insurance provider. At this point, also take photographs of the collision scene and your injuries. These, too, will support your claim. If there are witnesses to the accident, take down their contact information as well. If the Driver Did Not Stop, Try to Remember All the Details you Can About It When a car keeps driving after hitting a pedestrian or another vehicle, the victim may be able to file a hit and run claim. If you can locate the driver, you can file a claim with his or her insurance provider. In your police report, note the vehicle’s make, model, color, and license plate number. The more details you can provide, the easier it will be for the officer handling the report to help you locate the driver. Due to the quickness of the collision and your injuries, you may not be able to make out the vehicle’s details. You may still seek compensation for your damages through a hit and run claim with your own uninsured motorist coverage. Work with an Experienced Long Beach Car Accident Lawyer If you were walking on a sidewalk, on a street, or in a crosswalk and hit by a vehicle, contact an experienced car accident lawyer to discuss your options for pursuing monetary compensation for your damages. This compensation could come from a personal injury claim with the driver or a claim using your uninsured motorist coverage. Contact The Beliz Law Firm today to schedule your free case evaluation in our office. Call us at 562-452-3772 to speak with Michael today.

Car Accidents

Auto Accident Laws in California

Nov 22, 2017 | By Michael Beliz | Read Time: 4 minutes

Laws vary from state to state. Federal laws are applicable in all 50 states. Laws on employment discrimination and immigration can be both from the federal and state. States are responsible for creating the rules of conduct within the state. These usually include laws about civil conduct and criminal offenses. A person involved in a car accident in California should understand the state’s car accident laws. Some states’ laws are very similar to California’s and others are wildly different. Familiarize yourself with the Golden State’s car accident laws. Then, you’ll know what to do if a driver injures you in an accident. California is an at Fault State for Car Accident Claims A victim can seek compensation for any resulting damages from a car accident. They do this through a personal injury claim against the negligent party. In some states, this is not the case. The victim must use personal injury protection (PIP) coverage for these expenses. When a California driver is negligent, he or she is liable for any damages that result from his or her negligence. In a car accident situation, the victim must be able to prove that the crash was the other driver’s fault. It must be a direct result of another party’s failure to take reasonable care to prevent the accident. Reasonable care to prevent an accident can be as simple as driving the speed limit or coming to a full stop at a red light or to traffic. Negligence can also mean simply acting in an unsafe manner while driving. This includes things such as failure to yield, following too closely, unsafe left-hand turn, text messaging, or driving drunk. Through a personal injury claim, you can seek compensation for the following damages: Your medical bills; Your lost wages; and Your pain and suffering damages. Including all noneconomic damages like emotional distress and reduced quality of life. California Automobile Insurance Requirements In California, drivers are required to carry at least the following in car insurance: $15,000 in liability coverage for injury or death to one person; $30,000 in liability coverage for injury or death to multiple people in one incident; and $5,000 in liability coverage for property damage. Drivers can also insure themselves. When a driver shows proof of self-insurance, they can receive a self-insurance certificate. You can find this at the California Department of Motor Vehicles. You can comply with California’s insurance requirements in one of two ways. Either buy a $35,000 surety bond from a party licensed to operate in California or make a $35,000 cash deposit with the California Department of Motor Vehicles. The Statute of Limitations for Personal Injury Claims in California The statute of limitations for personal injury claims is usually two years from the date of the accident. This applies to private parties only, however. An insurance claim is not a lawsuit. Generally, the preferred course of action is to file a claim and reach a settlement privately. When this does not result in an appropriate settlement for the victim, he or she can file a lawsuit to have the case heard in court. The victim must file this lawsuit within two years of the accident that caused the injury. For this reason, most lawyers advise victims to be proactive. It’s important to start moving on your claim as soon as possible. When the Government is Responsible for your Accident, the Rules are Different The above statute of limitations only applies to claims against private parties. If a government entity’s negligence caused your accident, the statute of limitations for your case is six months. There are a few different ways the government can be the negligent party in your accident. A few examples include: An accident caused by a pothole or another hazard on a public road that the municipal, county, or state government should have removed or repaired; A collision with a public transportation vehicle, such as a bus; and A collision that resulted from a confusing or poorly planned roadway. A road might have an acceleration ramp that is too short or bends in a way that drivers cannot see oncoming traffic. When a roadway’s design makes it dangerous, the government entity charged with maintaining that area of roadway is liable for damages victims suffer as a result. If someone is facing injury because of a government entity’s negligence, he or she needs to file a claim under the California Tort Claims Act (CTCA). The victim must file the claim against the various government agencies that may be negligent. California is a Pure Comparative Negligence State You can still recover compensation for your damages even if you were partially at fault for the collision. If you are negligent and the negligence was a substantial factor to the harm caused to you, then the damages are reduced by the percentage of your responsibility. For example, if you are 10 percent at fault and you received a $100,000 in a jury trial, the amount of compensation you can recover is reduced by 10 percent. In this scenario, you can only recover up to $90,000. If You Do Not Have Auto Insurance You Cannot Recover Compensation for Non-Economic Damages California Law prevents those who do not have insurance from recovering non-economic damages, which are basically your pain and suffering damages. If you are driving a vehicle on California roadways, you want to have automobile insurance. Remember auto insurance gives you the opportunity to collect both economic and non-economic damages. This means you will be able to recover compensation for the entirety of your injuries. While non-economic damages are for your pain and suffering, economic damage includes lost wages and medical bills, in addition to any loss of earnings. No auto insurance means you will be severely limited in your recovery. You will be only able to recover for just economic damages, basically, items that you can prove with a receipt. Work with an Experienced Long Beach Car Accident Lawyer After an injury accident, the person who caused the crash may...

Other

Driving While on the Phone in California

Nov 13, 2017 | By Michael Beliz | Read Time: 2 minutes

Recently, the state of California passed legislation making it illegal to hold your phone while you drive. That means you can’t have your hands on your phone for any reason. You can take the screen briefly to take certain actions, but only if you have the phone securely mounted. So if you need to use Google Maps to get around, you better have a mount ready to go. The same goes for music, hands-free calling, and anything else you might use the phone for. But if you’re driving while on the phone in California, you’re in for a hefty fine. Talking on the Phone While Driving You can still use your phone while you’re driving. The new law doesn’t prevent hands-free calling or using maps and other features of the phone. However, some reports suggest that holding the phone isn’t the issue – it’s the conversation that distracts drivers. That begs the question – will the new law help curb distracted driving-related accidents? The California Office of Traffic Safety reports that 80% of crashes are due to driver inattention of some kind – so hopefully it does. At the very least, it should cut down on people perusing Facebook and text message while behind the wheel. How Does the New Law Effect You? How Often Do You Use Your Cellphone While Driving? At the Beliz Law Firm, we thought it’d be interesting to gauge just how often Californians use their phones while driving. We ran a quick Google Survey and asked, “How Often Do You Use Your Cellphone While Driving?” Here are the results: A third of people responding to the question claim they “never” use their phones while driving. This actually seems like a believable number. Nearly 20% said they use only voice commands, so they are good to go for the new law. However, over 35% of people say they ‘sometimes,’ ‘only when stopped,’ or ‘frequently’ use their phones. With the new law in place at the beginning of 2017, they are risky steep fines by doing so. The demographic breakdown was also interesting. Perhaps those in their 40s and 50s were just more honest, but a higher percentage of the 45-54 age group selected “frequently” than any other group. It is possible that 18-34 olds simply define “frequently” differently than their elders. Final Thoughts With so many accidents related to cellphones and distracted driving, it’s clear that something should be done. But are the laws we are writing and putting on the books effective? Our initial thoughts are that California’s new law will help at least on some level. Now, if a police officer sees a driver lost in a post or message while holding their phone, at least they can stop them and prevent the imminent danger. Share this Post We’d love for you to share this post on Facebook or Twitter and start a conversation about distracted driving! Feel free to tag The Beliz Law Firm if you do!

Personal Injury

How Much Are Personal Injury Lawyer Fees in California?

Oct 16, 2017 | By Michael Beliz | Read Time: 3 minutes

California Personal Injury Lawyer Fees Injured in an accident? You might wonder if you’re eligible for compensation to cover your medical bills and other issues. You might also be unsure if hiring a personal injury attorney is worth the money. Unlike most other lawyers, personal injury attorneys work on a contingency basis. This means inability to pay is never an issue. You will never lose money by hiring a personal injury lawyer to handle your case. What Does “Contingency” Mean in Personal Injury Cases? If a personal injury attorney decides to take your case, you will not owe any money up front. Instead, the attorney will collect a fee for his services once they settle or resolve your claim. The attorney’s fees are a percentage of the total amount you recover from your personal injury claim. If you do not recover any money, the attorney does not charge you anything. An experienced personal injury lawyer will usually offer a free consultation to anyone injured in an accident. The attorney will review the facts and legal issues in your case, as well as the damages you have suffered. If he believes he can be an asset in your case, he will offer to represent you on a contingency basis. What Is a Fair Contingency Fee in California? Most contingency fees in California range from 33% to 50% of the total settlement. Most times the fees change based on various steps on a case. Usually, there is a lower fee if the case settles before you file a lawsuit or arbitration. The fees increase once the case is in litigation. It is not unusual to see fees go up once the first mediation passes, date of expert experation, or the start of the trial. You are your attorney will sign an agreement that defines the fee structure. California law prohibits an attorney from charging “unconscionable” fees for legal representation. This means the legal fees must not be unreasonable or outrageous. However, there is no standard maximum (or minimum) fee permitted. A personal injury attorney will usually cover the costs of litigation until final judgment or settlement. These costs are separate from the attorney’s fees. In most circumstances, the attorney’s fees are taken out first from the settlement then cost. For example, if you receive a $150,000 settlement, the attorney will collect his fee (let’s say one-third, or $50,000), plus the cost of litigation expenses (which can be several thousand dollars). What to Look for in a Personal Injury Attorney Every attorney has different levels of contingency fees. It is important to consider the value of finding the right attorney. You don’t just hire the cheapest attorney. A skilled personal injury lawyer may be able to obtain a bigger settlement offer or judgment. Clearly, this will yield a larger net recovery. Look for a personal injury lawyer with experience handling your type of case. You may find that someone who handles personal injury cases exclusively provides more focus to your case. Choose an attorney with a good reputation and a personality that meshes well with yours. You could be working closely with this person for quite a while. Do you need legal assistance? Michael Beliz is an experienced personal injury attorney dedicated to helping individuals receive fair compensation for their injuries. Contact our office in Long Beach, California to schedule a free, no-obligation consultation.

Car Accidents

Dealing with Concussions from Car Accidents

Oct 16, 2017 | By Michael Beliz | Read Time: 3 minutes

A concussion, also called a mild traumatic brain injury (MTBI), is one of the more common injuries you may sustain in a car accident. While some concussions are minor and cause relatively few problems, others can be quite debilitating and may cause long-term issues. Concussions, like any head injury, are serious. A doctor should monitor them closely. Signs of a Head Injury After a Car Accident A concussion is a brain injury that can occur any time you hit your head, or even from whiplash. The symptoms of a concussion may be immediate or could develop up to several weeks after your car accident. Seek medical treatment if you experience any of the following symptoms: Confusion Memory problems Sleepiness Headache Dizziness Blurred or double vision Sensitivity to light and sound Nausea or vomiting Losing consciousness It can be difficult to detect the signs of a concussion in young children because they are not always able to communicate what they are experiencing. See a doctor right away if your child got in a car accident and shows any of the following symptoms: Extreme drowsiness Excessive crying or irritability Slurred speech Strange behavior Vomiting Confusion Vision or balance difficulties Delayed reactions Long-Term Effects of Concussions Most concussion symptoms will dissipate within a few days. However, a serious concussion can hang around for months, continuing to cause headaches, dizziness, and confusion. Some people may suffer long-term physical, cognitive, and emotional changes. Concussions can be particularly dangerous if you have suffered a previous concussion or another head injury. Subsequent concussions are more likely to cause permanent brain damage. Treating and Managing a Concussion There is no cure for a concussion. However, the best medicine for any head injury is rest. Rest is absolutely necessary for your brain to heal, so be careful not to overexert yourself physically or mentally. Reduce lighting and noise in your home while you recover. Although your family and friends may be anxious to visit you after a car accident, keep socializing to a minimum for a few days. A low-stimulus environment is most conducive to MTBI recovery. Acetaminophen may be helpful for lingering concussion headaches but avoid ibuprofen and aspirin. Your doctor may also prescribe other medications for pain and nausea. Do not consume alcohol during your recovery period. As always, follow your doctor’s orders closely and ask before making changes or beginning a new treatment. You will want to avoid activities that involve concentration and problem-solving. For this reason, your doctor may recommend you take time off from work or school. As you recover, you should slowly and gradually increase the amount of “mental work” you are doing. This includes “easy” tasks like reading, texting, and playing games. When you return to work or school, remember to take frequent breaks. Try to find a quiet place to lay your head down and nap if possible. Get in Touch with a Long Beach Personal Injury Attorney If you or a loved faces a head injury after a car accident, contact the Beliz Law Firm in Long Beach, California for a free, no-obligation case evaluation. Call us anytime at (562) 452-3772.

Car Accidents

What Is the Average Settlement for a Drunk Driving Claim?

Oct 16, 2017 | By Michael Beliz | Read Time: 4 minutes

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: But how much can you expect to recover? The truth is, each drunk driving accident claim is different. In that sense, there is no true ‘average’ drunk driving accident settlement amount. Each case is fact specific. However you deserve the maximum available compensation, to pay for your medical bills, cover for your lost of earnings, and the pains you have suffered. 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 a Drunk Driving Claim 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 Personal Injury 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. Special damages are those that have a specific dollar amount. These include current and future medical bills and expenses, lost wages or earning capacity, property damages, and anything else that cost the injured person money. General damages do not have a tangible economic cost but still deserve compensation. Non-economic damages compensate for the plaintiff’s pain and suffering, mental anguish, and loss of enjoyment of life. There is no formula to use to calculate the amount of general damages. Your injuries and your story determine 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. CALIFORNIA DUI ACCIDENTS: HOW TO MAXIMIZE YOUR COMPENSATORY DAMAGES 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 a top-rated Long Beach car accident 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...

Personal Injury

How Long Does the Personal Injury Claims Process Take?

Oct 16, 2017 | By Michael Beliz | Read Time: 4 minutes

Personal Injury Claims Process In California Most people involved in a personal injury lawsuit are anxious to close the book on this part of their lives. The plaintiff has medical bills and other expenses piling up. So he may find himself out of work and unable to support his family. Unfortunately, the personal injury claims process can be a lengthy one. It is impossible to predict how long your personal injury case will last. This depends on the individual circumstances of your case. If the defendant acknowledges fault for the facts of the accident, your injuries and offers fair compensation, your case may settle within a few months. If your case involves factual disputes, or either party refuses to entertain reasonable settlement offers, it can take years to obtain a final judgment in your case. Personal Injury Statute of Limitations in California A statute of limitations is a law limiting the amount of time you have to bring a legal action for any given reason. Statutes of limitation vary by state and legal matter. If you unable to settle your claim or fail to file a lawsuit before the statute of limitations passes on your claim, you will be permanently precluded from seeking compensation for your injuries in court. So, a judge will dismissal any lawsuit you file, and you may not be able to recover anything for your injuries. The statute of limitations for a personal injury claim in California is two years. This is how long you have from the date of the accident or injury to make a claim. However, this statute of limitations applies when the claim is against a citizen. Against the government, the statute of limitation shrinks to six months. It is important to seek legal counsel as soon as possible after an accident to determine if there is a governmental claim with a shorter time limit. In addition, sometimes, an injury may not be immediately apparent after an accident. Injuries can take weeks or even months to fully develop. If this is the case, contact an attorney as soon as you are aware of the injury. Understanding the Extent of Your Injuries Understanding what injuries you have and how they happened is crucial. That is why treatment is such an important step in the personal injury claims process. Injuries may take time to develop, and testing isn’t always conclusive. This can draw out this part of the process and even take several months. Learning the extent of your injuries is critical to understanding how much your personal injury claim is worth. We calculate damages on the economic and non-economic losses. You must have suffered these losses as a result of the accident. This includes expected future damages, like ongoing medical costs and reduced earning capacity associated with a permanent or long-term disability. If may take months to years to get a reliable medical prognosis for your injuries. You do not want to settle your claim premature until knowing all of your damages. Gathering Evidence to Prove Your Claim You will need to present a detailed documentation of the accident and your injuries. You can do this a variety of ways. Obtain accident reports, gather witnesses, or even take pictures of the accident scene. The information you collect can help support the facts of the case. In addition, you will need to provide doctor’s opinions and other medical records. This documents the severity of your injuries. As part of their defense, your opponent may also want to collect evidence from their own medical experts. The process of gathering evidence to support (or defend against) a personal injury claim is discovery. Parties have a duty to share any information or evidence used with the other side. Some methods for obtaining information from the other parties in a lawsuit include: Depositions: Attorneys on both sides of the case interview parties and witnesses. Subjects make statements under oath and a court reporter transcribes the process. Interrogatories: Written questions presented to either party by counsel for the opposing side. Requests for Admission: Similar to interrogatories, requests for admission are questions that each side must answer affirmatively or negatively. Attorneys use them to pin down a party’s position on a particular issue. Production of Documents: With the exception of documents protected by attorney-client privilege, parties must provide the opposing counsel with any documents they intend to use in their case. Like every other step in the personal injury claims process, gathering evidence and discovery can take many months. The actual amount of time it takes will depend on the complexity of your case. Negotiating a Settlement for Your Personal Injury Claim Once the plaintiff calculates damages, settlement negotiations can begin. The plaintiff’s attorney will usually send a letter to the defendant or his insurance company demanding a specific amount of damages. The defendant’s attorney or insurance company will typically respond with a counter-offer. It is unusual for either party to accept a first offer or demand. So negotiations could go back and forth this way for quite a while before sides reach an agreement. The parties may agree to attend mediation to try to reach a mutually acceptable solution. Litigating Your Personal Injury Claim About 95% of personal injury claims will be voluntarily settled out of court. For the small number of cases that go to trial, a judge or jury will decide what damages the plaintiff receives. The cases that go to court obviously last longer than the average personal injury claim. Once a trial date is set, prepare to see it rescheduled at least one time maybe twice. It may take at least two years, sometimes longer, from the time of an accident to take a personal injury case to trial. Hire Personal Injury Attorney in Long Beach, California If you or a loved one has been injured due to someone’s negligent behavior, reach out to a personal injury attorney as soon as possible. Michael Beliz, an experienced attorney in Long Beach, CA is eager to assist...

Brain Injury Lawyer

Treatment for a Brain Injury from a Car Accident

Oct 16, 2017 | By Michael Beliz | Read Time: 3 minutes

What Should You Do if You Suspect a Brain Injury from a Car Accident? Most brain injuries stem from car crashes. They are typically caused by force, such as the skull hitting the windshield, steering wheel upon impact, or the back of the headrest. The brain may continue to move inside the head even after the impact. This can cause internal bruising or bleeding. A brain injury can occur with or without the presence of an open wound. Brain injuries may not heal quickly. They may require various forms of treatment for many years—even for the rest of the victim’s life. Read on to learn more about the types of treatment often required for brain injuries. Initial Treatment Immediately following the accident, the victim will most likely be given a series of tests to estimate the severity of the injury. Based on the category the victim falls in, the victim will need to begin treatment for resuscitation and stabilization. This treatment may range from immediate surgery to relieve the pressure to rest and relaxation within a dark room until the symptoms subside. The more severe the brain injury, the more attention the victim will receive from medical professionals in the beginning. Rehabilitative Treatment The next level of care requires rehabilitation. This is the most important stage of the recovery process. On a very severe case, once the patient regains consciousness, they will move to a facility to help regain physical and mental function. Less serious cases, the victim will do their resting at home and do outpatient treatments. Either way, medical professionals will assist with safety and daily therapy. This includes appointments with neurologist, neuropsychologist, and neuropsychiatrist, in addition to diagnostic exams like MRI and CT-scan. Physical therapy may be used to restore balance, posture, and strength. Mental tests like problem-solving, puzzles, and word games may be helpful in stimulating the brain functions. In many cases, victims will have to adapt to an altered lifestyle. Medical professionals will help in this regard. They will also focus on health and nutrition, ensuring optimal care of the patient. On a serious brain injury case, there is also a focus on preparing the victim to return to the home. This will involve helping him or her with daily skills such as transferring in and out of bed, eating, getting dressed and personal hygiene. The victim will also need to redevelop life skills. Thing like grocery shopping, banking, and budgeting will be crucial. Hopefully, then they can return to the workforce. Ongoing Treatment Treatment may likely continue for many years or even the rest of the victim’s life. It can take many months or years to see an optimal recovery. Frequent doctor appointments are necessary to assess the victim’s health. They also ensure there are no secondary complications from the brain injury. The victim may require multiple medications and physical therapy on a daily basis to help with physical and mental issues caused by the brain injury. Get Compensation for Your Brain Injury Brain injuries can be life-threatening. Those who survive often require lifelong medical care. This can cost hundreds of thousands or even millions of dollars. If you suffered a brain injury as a result of a serious car accident, it’s important to understand your legal rights. Then, you can recover the compensation you need to pay for your expenses. The Long Beach car accident lawyers at The Beliz Law Firm can assess your case and help you recover the compensation you deserve. Contact us and schedule a consultation by calling

Slip and Falls

Four Examples of Slip and Fall Negligence

Oct 5, 2017 | By Michael Beliz | Read Time: 2 minutes

There are many situations in which you can suffer a slip and fall injury. But they all hinge on one main cause: negligence. Property owners and business owners live busy lives. It’s easy to overlook spilled milk or a cluttered walkway. However, when these types of situations occur, time is of the essence. When you fail to clean up these messes promptly, they become dangers for customers and guests. If someone slips or trips and falls and suffers injuries as a result, the party in charge of maintaining the property is often held liable. Read on to learn about four common types of slip and fall negligence. Wet Floors Wet floors are the most common cause of slip and fall accidents. They tend to occur in stores and restaurants, where water and other liquids can spill and cause puddles. Customers can also make floors wet by bringing in water from the rain or ice outside. Store managers and employees should be aware of these situations. They need to take the proper steps to clean up floors promptly. Further, once an employee has mopped a spill, it’s a good idea to set up “Wet floor” signs. This lets customers know that the floor is potentially wet. They can then take necessary precautions. Damaged Flooring It’s not uncommon for old carpet to get loose from the floorboard and start to pile up. This can cause customers to trip over it and fall. Mats and rugs that are not securely attached to the floor can also come up and cause trips and falls. Stairs are especially notorious for trips and falls. A lack of maintenance can cause floorboards to come loose or even fall, resulting in serious accidents for guests. Property owners need to maintain and inspect floors often. They should make repairs as soon as possible. Ditches, Potholes, and Damaged Sidewalks Sidewalks and parking lots should be free of huge, overt cracks and openings in the ground. They can cause customers to trip and fall. Whoever owns the property—typically the city or store owner—needs to ensure that even the outside areas of the store are free of defects. If they cannot fix the situation immediately, they should post signs, fences and other warning markers to let customers know. Inadequate Lighting Inadequate lighting is a major issue in outdoor areas, such as apartment complexes. Property owners have a responsibility to provide sufficient lighting so that customers can walk safely. A lack of lighting can cause someone to walk in darkness, which can affect vision and lead to trips and falls. Owners should inspect lighting regularly. This will ensure there are no burnt-out light bulbs or other situations that can cause reduced lighting. Get Help for Your Slip and Fall Injury A slip and fall injury is no laughing matter. You could suffer broken bones, torn ligaments, head trauma, brain injuries, paralysis and more. Your injuries could be long-term or life-threatening in nature. They will likely result in expensive medical bills. You may not be able to return to your job. The Long Beach premises liability lawyers at The Beliz Law Firm can assess your case and help you recover the compensation you deserve. Contact us and schedule a consultation by calling (562) 452-3772.

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