Personal Injury Archives - The Beliz Law Firm

Average Settlement for Elbow Injury

Aug 25, 2025 | By Michael Beliz | Read Time: 4 minutes

If you suffered an elbow injury in a car accident or a slip and fall, you may be wondering: What is the average settlement for an elbow injury? While it is a reasonable question, the answer is not so simple. There is no standard dollar amount that applies to every case. Settlements for elbow injuries vary widely depending on several key factors. In most cases, the value of an elbow injury claim depends on the unique facts of your situation, including the severity of the injury, the impact on your daily life, and the available insurance coverage. Confidential settlements also make it difficult to calculate a true average. Still, understanding what goes into a settlement can help you know what to expect. Why There Is No True “Average” Elbow Injury Settlement Many people search for average settlement figures to understand what their claim might be worth. However, most settlements are confidential, and even when public information is available, the circumstances behind each case can differ significantly. Someone with a minor soft tissue injury may reach a quick settlement that covers a few thousand dollars in medical bills. A person with a fractured elbow that requires surgery and months of physical therapy may receive more compensation due to the extended recovery and lasting effects. Rather than focusing on an average number, looking at the factors that influence settlement value is more helpful. Factors Affecting Elbow Injury Compensation Amounts Every elbow injury case is different, and so are the potential outcomes. While it may be tempting to compare your case to others, the reality is that the value of a claim depends on many moving parts. Understanding these elements can give you a clearer picture of what to expect and help you make informed decisions. Several factors may increase or decrease the potential settlement for your elbow injury. Injury Severity The extent of damage to the elbow plays a major role in compensation. Common elbow injuries include the following: Settlements for minor bruises or sprains are often lower than for more serious injuries, such as fractures or dislocations, which can justify higher settlements. Type of Treatment and Recovery Time Injuries requiring surgery, extended medical care, or physical therapy tend to result in higher settlement offers. The same is true for injuries that lead to long-term pain, stiffness, or limited motion. Treatment-related expenses may include: The greater the impact of the injury on your life moving forward, the higher the compensation award is likely to be. Impact on Work and Daily Activities You may be eligible for additional compensation if your injury affects your ability to work or perform routine tasks. Loss of function can lead to substantial disruptions in daily life. For example, disruptions like the inability to lift, push, or carry as part of your job, or having to depend on others for household or childcare duties, can justify higher elbow injury compensation amounts. Insurance Policy Limits Even when your losses are clear, compensation may be limited by the other party’s insurance coverage. California drivers must carry minimum liability insurance, but those limits may be insufficient to cover serious injuries. In some cases, uninsured or underinsured motorist (UM/UIM) coverage through your own policy may offer additional compensation. We can review all applicable insurance to identify available resources. Liability and Comparative Fault Your settlement may also depend on who was responsible for the accident. California uses pure comparative negligence, meaning your compensation may be reduced if you share fault for the accident. For example, if you slipped in a store while distracted and are found 20% at fault, your settlement could be reduced by that percentage. Proving liability clearly can help strengthen your case. Together, these factors create the foundation for determining the value of your elbow injury claim. Understanding how each element influences your compensation can help set realistic expectations. With the proper support, you can navigate the process with more clarity and confidence. Other Damages in an Elbow Injury Claim In addition to medical expenses and lost income, you may also recover damages that reflect the broader impact of your injury. These may include: These losses are evaluated individually. We can help document and present them clearly to support your claim. How a California Personal Injury Lawyer Can Help If your elbow injury resulted from someone else’s negligence, speaking with a personal injury lawyer may help you recover the compensation you deserve. At The Beliz Law Firm, we support injury victims throughout California by: We know how disruptive an elbow injury can be. We aim to help you move forward with support, clarity, and personalized attention. Contact The Beliz Law Firm Today There is no simple formula for calculating the average settlement for an elbow injury. Every case is unique, and compensation depends on your injury, your recovery, and who was responsible. Our experienced and knowledgeable team can help you understand your legal options and protect your rights. At The Beliz Law Firm, we bring decades of personal injury experience and a commitment to providing personalized legal representation to every client we serve. We work to pursue the full compensation our clients are entitled to under California law. Contact us for a free consultation, and let us help you chart a course to obtain the resolution you need and deserve.

Personal Injury

Average Settlement for a Broken Leg

Aug 25, 2025 | By Michael Beliz | Read Time: 4 minutes

You broke your leg in a California car accident. The hospital bills are adding up, work is on hold, and you’re wondering what the average settlement for a broken leg should include. However, an online “average” won’t tell you much because these cases depend on factors like the fracture type, the treatment plan, and how the injury changes your daily life. Those details can push a case value higher or lower. Here’s what to know about why broken leg settlement amounts vary in California and what can influence yours. What Can Affect the Value of a Broken Leg Settlement The reason an average settlement figure online is unreliable comes down to how many variables affect the outcome. No online calculator can account for your specific medical costs, past and future income loss, or the pain and emotional suffering caused by the injury. Even the type of fracture makes a difference. A hairline fracture that heals with a cast and physical therapy may lead to a smaller payout than a complex break involving both the tibia and fibula. An accident that causes multiple fractures requiring surgery, hardware, and months of rehabilitation can result in far higher broken leg compensation. For example, a California driver who broke their tibia in a low-speed crash and returned to work within six weeks likely received far less than a motorcycle rider who suffered a crushed tibia and fibula in a freeway collision, underwent multiple surgeries, and faced a year of recovery before returning to work. These differences show why no “average” figure applies to every case. Why the Location of the Break Also Matters for Compensation Different bones in the leg support different functions, so where the break occurs can affect both recovery time and settlement value. The tibia (shinbone) and fibula (the thinner bone next to it) make up the lower leg. A tibia fracture can prevent you from putting weight on the leg for months, leading to more time away from work and higher claims for lost income. In many instances when the tibia is fractured, surgery is required. Fibula fractures may allow partial weight bearing but can still limit movement and require ongoing treatment. Crutches or walking boot may be used for treatment instead of surgery for a broken fibula. When both bones break in the same accident, recovery usually takes much more time and may involve more than one surgery. The average settlement for broken tibia and fibula injuries frequently reflects this extended recovery and the added medical costs. While tibia and fibula fractures affect the lower leg, breaks can also occur higher up. The femur (thigh bone) is the largest bone in the leg and one of the strongest in the body. A femur fracture ranks among the most serious leg injuries and almost always requires surgery followed by intensive physical therapy. Any of these fractures can also be compound fractures, where the broken bone pierces the skin. This type of injury carries higher risks of infection and other complications, which can extend hospital stays and increase medical expenses. How California Law Affects Broken Leg Settlements The severity of a broken leg affects medical treatment, recovery time, and income loss. Those factors help determine the value of a settlement, but California law can also have a significant impact. Rules on comparative negligence and strict filing deadlines give insurance companies opportunities to reduce or deny payouts in broken leg car accident claims. California’s comparative negligence rule reduces how much compensation for a broken leg you could receive if you are found partly at fault for the crash. The statute of limitations sets a strict deadline for filing your claim in court. Missing it means losing the right to seek payment entirely. Insurance companies often use these rules to limit what they pay in broken leg car accident claims. In addition, insurance companies may argue the necessity of the treatment, question the cost of the medical charges, or suggest they are not the responsible party. They may also deny the claim and any settlement talks, pushing you closer to the filing deadline. If that deadline passes before you file, you cannot take the case to court, giving the insurer no incentive to negotiate for a fairer settlement. The Beliz Law Firm has a long history of helping injured clients recover fair compensation for serious fractures caused by vehicle collisions. Our case studies page provides examples of broken bone verdicts and settlements we have achieved. While no two claims are the same, these results show our approach to overcoming liability disputes, countering insurance tactics, and building strong cases for our clients. Understanding the Value of Your Broken Leg Settlement By now, the type of fracture, recovery process, and California law can all influence what a broken leg settlement might cover. These factors explain why broken leg compensation can vary greatly from one case to the next. The average settlement for a broken leg with surgery is often higher than for breaks that heal without it. Still, no average settlement for a broken leg reflects the details of your particular case, the time you’ve missed from work, or any lasting effects on your mobility or health.Considering these factors carefully helps you avoid undervaluing your claim and protects your interests. Accepting a quick offer before these issues are fully understood may mean settling for less than is what is deserved. Waiting until the full impact of your injury is clear gives you the best chance at a settlement that accounts for all losses, both immediate and those that may develop in the future. Get Help Securing a Fair Broken Leg Settlement The Beliz Law Firm represents Californians with broken leg injuries caused by vehicle collisions. Attorney Michael A. Beliz has nearly 20 years of experience challenging insurance company tactics and helping clients understand the full value of their claims before settling. Whether your case involves a tibia or fibula fracture, a femur break, or multiple surgeries, we work to secure a settlement that reflects the...

Personal Injury

How to Get Your Long Beach Car Accident Report

Mar 5, 2025 | By Michael Beliz | Read Time: 4 minutes

Imagine the nerve-wracking moment of a car crash—the sudden screech of tires, the heart-stopping impact, and the whirlwind of emotions that follow. Amid this chaos, securing your Long Beach car accident report becomes a vital lifeline. This essential document not only captures the critical details of the incident but also paves the way for you to claim insurance, establish fault, and protect your rights. But how do you obtain this crucial piece of evidence? In this blog, we will unravel the mystery and guide you step-by-step, ensuring you can navigate this process easily and confidently. Getting your Accident Report In-Person According to the official Long Beach website, you can request your report in-person. You must fill out an application for release of traffic collision report information and bring it to the Long Beach Police Department: Long Beach Police Department400 West BroadwayLong Beach, CA 90802Get Directions The Records Inquiry Desk is open Monday through Friday, 7:00am – 7:00pm, and Saturday, from 9:00am – 1:00pm. The front is closed on the last Saturday of each month. Getting Your Accident Report by Mail You may request a copy of your collision report by sending a completed request form in a self-addressed, stamped envelope to the Long Beach Police Department: Long Beach Police Department400 West BroadwayLong Beach, CA 90802ATTN: RECORDS DIVISION Let The Beliz Law Firm Help Get a Copy of Your Long Beach Car Accident Report Submit your information below about the details of your accident in Long Beach and we will will contact you to go over the details of what happened. Understanding Accident Report Requirements in California After a car accident in California, drivers must report the incident if it causes injuries, fatalities, or significant property damage. If law enforcement arrives at the scene and you are taken by ambulance, they usually file an official accident report. However, it may be your responsibility to report the accident to the appropriate agency if no officers arrive. California law also requires reporting to the Department of Motor Vehicles if the accident caused property damage exceeding $1,000 or involved injuries or death. These reports help provide all parties with an official record of what happened, which can be critical when filing insurance claims or taking legal action. Understanding these requirements can prevent unnecessary legal or financial issues. If you are unsure about your responsibilities or need help obtaining your report, speaking with an attorney can help clarify your options. Why Your Car Accident Police Report Matters A police report for a car accident contains valuable information, including: Insurance companies frequently depend on a car accident police report to determine fault and process claims. Proving what occurred can be significantly more difficult without this report. How to Obtain Your Long Beach Car Accident Report If a law enforcement officer responded to your crash, they likely filed a vehicle accident report with either the Long Beach Police Department (LBPD) or the California Highway Patrol (CHP), depending on the location of the crash. To obtain a copy of your accident report from the LBPD, you have the following options: The CHP offers the following ways to obtain a report: An accident report lookup can assist you if you’re uncertain whether a report was filed. Contact the relevant agency and provide your case number or details of the accident. What If There Is a Mistake in Your Police Accident Report? Errors in a police accident report can occur but can also be corrected. If you discover incorrect details, you may be able to request a revision by: Law enforcement may not alter subjective statements such as fault determination, but they can rectify factual inaccuracies. If you require assistance navigating the correction process, an attorney from The Beliz Law Firm can help. Our team recognizes how crucial accurate documentation is to your case and is here to advocate for you. Can You Claim a Car Accident Without a Police Report? People commonly ask, can you claim a car accident without a police report? While it is possible, it is not ideal. Without an official report, you may need additional evidence, such as a written document that describes the: A Long Beach car accident report serves as an official record of the crash, documenting key details that may be useful if you need to dispute fault or clarify what happened. If you did not obtain one at the scene, you may still be able to file a late report with the appropriate agency. How Can The Beliz Law Firm Help with My Vehicle Accident Report? Dealing with the aftermath of a crash can be stressful, especially when you need to secure important documents like your police report for a car accident. At The Beliz Law Firm, we understand how overwhelming this process can be and are here to assist you. With nearly two decades of experience handling hundreds of personal injury claims in Southern California, our firm offers personalized legal guidance tailored to your unique situation. Unlike larger firms that view clients as mere case numbers, we adopt a hands-on approach, guaranteeing that every client receives the attention and dedication they deserve. We aim to make the legal process as smooth as possible so you can focus on recovery while we manage the details. Call Us Today Securing your Long Beach car accident report is key to protecting your rights after a crash. Whether you need it to file an insurance claim or pursue legal action, knowing where to obtain it and how to use it can make all the difference. Call The Beliz Law Firm today to let us advocate for you. Resources California Vehicle Code § 16000, link.

Personal Injury

Loss of Consortium in California: What to Know

Aug 14, 2024 | By Michael Beliz | Read Time: 4 minutes

A loss of consortium claim in California compensates a spouse for the loss of love, companionship, intimacy, and emotional support due to their partner’s injury caused by negligence. To file, the uninjured spouse must prove a valid marriage, the injury’s significant impact on the relationship, and clear evidence of the resulting emotional and relational harm. 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.

Personal Injury

What Are Common Deposition Questions for an Auto Accident Lawsuit?

Mar 28, 2024 | By Michael Beliz | Read Time: 4 minutes

If you’re involved in a car accident lawsuit, one of the most stressful and uncertain parts of the legal process is the deposition. You may be wondering: What kinds of questions will they ask me? How should I prepare? Will I hurt my case if I say the wrong thing? At The Beliz Law Firm, we understand how intimidating this phase can be. A deposition is your opportunity to tell your side of the story under oath, but it’s also a critical step where insurance companies and defense attorneys try to weaken your case. In this guide, we’ll walk you through the most common deposition questions in an auto accident lawsuit, explain what they mean, and help you understand how to answer confidently and truthfully—without jeopardizing your claim. 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: Questions About Your Car Accident Deposition? Contact Us 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.

Personal Injury

How Much Is the Average Settlement for a Back Injury in California?

Oct 13, 2023 | By Michael Beliz | Read Time: 4 minutes

How much is the average settlement for a back injury in California?The truth is that there really is no accurate back injury settlement value in California personal-injury claims because of how many variables are involved in determining the compensation you deserve. These variable consist of the type of accident, the severity of the injury, who was at fault, insurance policy limits, and more. Your best option is to contact an attorney to discuss you specific case to get a better idea the average payout for your back injury. Many different types of accidents can result in back injuries, which can be painful and debilitating. One of the questions we often get is, How much is the average settlement for a back injury? Although it is not the answer most people want to hear, the truth is that it is difficult to accurately determine the average payout for a back injury from a car accident, work incident, slip and fall, or any other type of accident. The value of a back injury depends on the strength of the liability, the severity of the injuries, and the size of the insurance policy as well as any available uninsured/underinsured motorist coverage. However, upon speaking with an experienced attorney and discussing the specific factors and circumstances surrounding your back injury, you may better understand what you might expect in a settlement or award for medical bills, lost wages, and pain and suffering damages. Factors Impacting Average Back Injury Settlements in Personal-Injury & Workers’ Compensation Claims The average payout for a back injury at work or elsewhere can vary significantly. Because of the severity and complexity of many back injuries, it is common to see six- and even seven-figure payouts. Remember, every case is unique and presents facts and circumstances that will influence the exact settlement or jury award. Factors that may impact your settlement or award include: Contact the Beliz Law Firm to discuss the specifics of your case. We can help you assess each factor and how it might affect your potential settlement. What Is the Average Payout for a Back Injury? Surgical vs. Non-Surgical Claims Key Variable: Whether Back Surgery Is Required While many factors play a role in determining the payout for a back injury victim, one significant factor significantly influences the outcome: whether surgery is necessary. A back injury settlement with surgery vs. one without surgery can differ drastically. Any back injury can be life-altering and require significant medical intervention. Typically, the more severe the injury, the more damages you will be entitled to. It is undoubtedly challenging to calculate average back injury settlements. However, a reliable indicator of what your case may be worth is whether your back injury requires surgery. Back Injury Settlements with Surgery Back injuries requiring surgery are typically severe and unlikely to resolve independently. Individuals necessitating back surgery are more likely to end up with a higher settlement because their economic damages (e.g., reimbursement for medical expenses), which are intended to cover the cost of any medical treatment, including surgery, will be higher. Surgery, and the rehabilitation and therapy that come after, will significantly increase an individual’s medical expenses. Back injuries requiring surgical repair are also more likely to increase other economic and noneconomic damages because of the extended recovery period. Extensive recovery might mean you will be unable to work for a long period of time, resulting in lost wages. It can also mean you cannot participate in your normal daily activities, leading to pain and suffering, emotional distress, and loss of enjoyment of life. Settlements Without Back Surgery While victims requiring surgery might see a higher settlement, surgery is generally a last resort option and should not be taken lightly. Your doctors and medical team will advise you on the best action for your injury and situation. Usually, a doctor will prescribe non-invasive treatments first to avoid surgery. While back injury settlements that do not require surgical repair tend to be overall lower than those requiring surgery, it does not mean you will not be entitled to significant compensation. In fact, some non-surgical treatment options can cost just as much as surgical repair. Every person and injury is unique, and what may be minor to one person could be catastrophic in another’s life, leading to a hefty settlement. Types of Back Injuries Many types of back injuries can result from a car or work accident, all with varying degrees of severity. Some are minor and will resolve with little to no medical intervention, while others are severe and permanent and can significantly impact your life. Common back injuries include: Depending on the accident, it is possible to suffer from more than a back injury. Regardless of circumstances, you should always receive medical treatment, follow doctors’ orders, and seek legal guidance to identify your options. Maximize Your Back Injury Settlement – Contact The Beliz Law Firm At The Beliz Law Firm, we have helped back injury victims recover millions of dollars. Here, we provide one-on-one attention to every client to ensure they receive the best possible outcome. Contact us today to schedule a no-cost, no-obligation consultation.

Personal Injury

What Should You Do After an Accident with a DoorDash, Postmates, or Other Delivery Driver?

Jul 29, 2021 | By Michael Beliz | Read Time: 4 minutes

Over the past year, people have relied on delivery services like DoorDash, Postmates, and others. The convenience of these services is undeniable, and they help millions of Americans put food on the table. However, more delivery drivers on the road might lead to more occupational accidents. With delivery drivers rushing from one order to the next, they don’t always drive cautiously. Unfortunately, people are injured and killed by negligent delivery drivers each year. If you were injured in an accident with a delivery driver, what should you do? Here, we explain steps you should take to recover compensation for your injuries. If you need assistance, please contact The Beliz Law Firm for a free consultation. Five Steps to Take After an Occupational Accident with a Delivery Driver Pedestrians, passengers, and drivers can be severely injured in delivery accidents. If you are involved in a delivery occupational accident, you should take these steps. Call Emergency Responders Immediately after the accident, you should call for emergency responders. Stay at the accident scene, moving to a safe place, and wait for help to arrive. Seek Medical Treatment Your first priority should be to get treatment for urgent injuries. Allow paramedics to transport you to an emergency room if necessary. If your injuries are not urgent, seek medical treatment soon after the accident. If you delay getting treatment for your injuries, an insurance company might claim that you got hurt after the accident. File an Accident Report Respond to police questions about the wreck, and ask them to file an accident report. Make sure police record your version of accident events. Gather Evidence If you don’t require immediate medical treatment, you should gather accident evidence: Take photos of the driver’s license and insurance information; Take photos of the damage to vehicles; and Get witnesses’ names and contact information. Don’t delay medical treatment to collect evidence. If you need medical care, ask a friend or your accident lawyer to obtain evidence for you. Call a Lawyer If you’re worried about paying medical bills or negotiating with the insurance company, an accident lawyer can help. Most accident lawyers offer a free consultation, so you can call or message them without worrying about a fee. Where Should You File a Claim? You should file an insurance claim with the responsible party’s insurer. This requires determining fault for the accident. You might file with several insurers, depending on who caused the accident. File with Another Driver’s Insurance If another driver caused the accident, you can file with their insurance. In California, drivers are required to carry the following minimum liability insurance: $15,000 for injury or death to one person; $30,000 for the injuries or death of multiple people; and $5,000 for property damage. Of course, not all drivers carry the required insurance. Though California provides one of the lowest minimums for liability insurance coverage in the nation, 15% of California drivers are still uninsured. File with Your Uninsured Motorist Insurance If you carry uninsured or underinsured motorist coverage, your insurance policy may pay for your property damage and medical bills. This optional insurance coverage protects you when your accident expenses are higher than the limits set by the other driver’s insurance policy. File with the Delivery Driver’s Insurance If the delivery driver was not working at the time of the accident, you can file against their personal auto insurance policy. In fact, delivery drivers may have their own commercial insurance policies that provide extra coverage. A driver’s personal insurance may not pay if the driver was driving to or from a delivery. File with the Delivery Company’s Insurance If the driver was working for a delivery company at the time of the accident, you can file against the delivery company’s insurance. This option probably provides the most lucrative settlement potential because DoorDash insurance and Postmates insurance is substantial. How Much Will Delivery Companies Pay for an Occupational Accident? Delivery companies know their drivers get in many accidents, so companies carry large insurance policies. DoorDash Insurance Coverage DoorDash made 45% of all to-go food deliveries in 2020. This huge share of the market comes at a cost, since DoorDash drivers experience many auto accidents each year. When a driver crashes while making a delivery, DoorDash insurance covers up to $1 million in medical expenses and property repair. Postmates Insurance Coverage Postmates, which was recently acquired by Uber Eats, completes five million deliveries each month. Postmates provides insurance coverage of $1 million for medical expenses and property damage in an accident that occurs while a driver is making a delivery. Both companies’ excess policies kick in after an accident victim has exhausted the driver’s personal policy limits. When Do You Need an Accident Attorney? If figuring out where to file an insurance claim after a delivery accident sounds complicated, that’s because it is. Insurers will try to deflect and deny your claim any way they can, and that often means multiple insurers will try to shift responsibility to another party. This can feel frustrating when you’re trying to recover from accident injuries, pay medical bills, and afford basic living expenses. An accident lawyer can cut through the blame-shifting antics of insurance companies and make the responsible party pay your expenses. An attorney can also investigate your accident, handle insurance paperwork, and negotiate with the insurer for your highest possible settlement. Contact an Experienced Accident Attorney If you need help with your insurance claim against a delivery company, contact The Beliz Law Firm. Attorney Michael A. Beliz knows the risks that delivery drivers present on California roadways. He has helped accident victims get the compensation they deserve for 15 years, winning victims collective millions of dollars. If you would like to speak with Michael about your accident experience, contact him for a free consultation. You can discuss the accident and learn your legal options. If you choose to hire Michael, you’ll pay nothing until he settles or wins your case.

Personal Injury

Do I Need a Lawyer to File an Uber Accident Claim?

Jul 29, 2021 | By Michael Beliz | Read Time: 4 minutes

Ridesharing has skyrocketed in recent years. Companies like Uber and Lyft provide convenient, affordable transportation to millions of people every day. However, these rides aren’t always safe. Each year, Uber drivers are involved in accidents that injure or kill passengers. Researchers found that when large US cities introduced ride-hailing services, traffic fatalities increased by up to 3%. This fatality increase occurs at all times of travel, including weekdays and weekends, daytime and night. If you were injured in an Uber accident, you should be able to recover compensation. To file an Uber claim, you may need the help of an attorney. This article will explain where you could file an Uber claim and when you should consult an attorney. Where Do You File an Uber Insurance Claim? You have several potential options for filing an Uber insurance claim. The insurance company responsible for paying you depends on who caused the accident. File with Another Driver’s Insurance If another driver caused the accident with an Uber, file a claim with their insurance company. For instance, if a truck runs a stoplight and crashes into your Uber, file a claim with the truck driver’s insurance. File with the Uber Driver’s Insurance If the Uber driver was off-duty when the accident happened, you can file with their personal auto insurance. Uber drivers are independent contractors, which means that they are not considered employees of the company. So their personal insurance may foot the bill. However, an Uber driver’s personal insurance might not pay if they think the accident is work-related. File with Uber’s Insurance If the Uber driver caused the accident while working, you can file a claim with Uber’s insurance company. Whether Uber’s insurance will pay depends on whether your driver was working at the time of the accident. If the driver was not transporting a passenger, Uber’s insurance may not pay. The amount of coverage available depends on what the driver was doing at the time of the accident. Driver without passengers If the driver was actively “for hire” but had no passengers, Uber provides insurance coverage of up to: $50,000 per person for injuries; $100,000 per accident for injuries; and $25,000 per accident for property damage. In this situation, you would file with the driver’s personal insurance first, and then Uber’s insurance would pick up any excess. Driver with passengers If the driver had passengers or was on the way to pick up a rider, Uber provides insurance coverage of up to $1 million per accident. Note that insurance coverage amounts per accident are shared by all injured parties. That means that if you were injured by an Uber, file a claim quickly before other injured victims claim all the available insurance funds. Uber driver injuries California’s Prop 22 gives Uber drivers extra accident protection. If you were injured while working for Uber in California, you can get: Up to $1,324 in weekly disability payments; and Up to $1 million in medical expenses. If your loved one was killed while driving for Uber in California, you can file a survivor claim on Uber’s insurance for up to $320,000. File with Your Own Auto Insurance You may also be able to file with your own auto insurance company on underinsured motorist coverage. Some California drivers add optional coverage for collisions with uninsured or underinsured drivers. If you have this coverage, your insurance company may pay medical bills that exceed the other driver’s policy limits. It can be confusing to know which insurance company is responsible for your medical bills. When multiple insurance companies try to avoid paying you, a skilled attorney can sort through the stall tactics to get you the money you need. How Much Money Can You Get for an Uber Accident Claim? When you file an Uber claim, you want fair compensation for the harm you suffered. How much money will you get? That’s hard to estimate without knowing the specifics of your experience. Settlement amounts for an Uber accident claim depend on things like: The extent of your injuries; Property damage; Whether you contributed to the accident; Whether your injuries prevent you from working; and Whether your injuries impact your life. Proving that you suffered extensive harm from your accident requires evidence. You should bring any medical report, accident photos, bills, and other relevant documents when you meet with an attorney. If you need more evidence to back your Uber insurance claim, the law firm investigators can look for it. Should You Hire an Attorney for an Uber Accident Claim? When you attempt to negotiate a settlement with a big company like Uber, they have the advantage. Uber drivers get into lots of accidents, so the company’s insurer routinely negotiates settlements with victims. The insurance company may attempt to protect its profits by offering accident victims unfair compensation. However, you may not know how to fight a big corporation on your own. The settlement process can be intimidating, especially when you’re seriously injured. You can give yourself an advantage by hiring a knowledgeable car accident attorney. An attorney can investigate your accident, calculate fair damages, and negotiate with Uber for every dollar you deserve. Contact an Experienced Accident Attorney About Your Uber Claim If you were involved in an Uber accident, you should contact an experienced accident attorney. An honest attorney will advise you on what your claim is worth, explain the accident claim process, and help you pursue maximum compensation. At The Beliz Law Firm, we’ve helped California accident victims get millions of dollars over the past decade. Attorney Michael A. Beliz provides passionate, personalized representation as he seeks the best financial outcome for each client. Contact Michael for a free consultation, and start pursuing maximum compensation for your Uber accident.

Personal Injury

Filing a Claim After a Lyft Accident

Jul 29, 2021 | By Michael Beliz | Read Time: 4 minutes

Rideshare companies like Uber and Lyft have revolutionized the way people get around in the 21st century. Cities with limited public transportation options and scarce local taxi services are now accessible thanks to a simple application download on a smartphone. Even during the age of COVID-19, people still use rideshare apps to get around, while drivers can earn some extra cash for the family. But like any other vehicles, rideshare cars get into accidents. With extra concerns like company liability and multiple insurance carriers, an accident victim may not know what to do. Here’s a short guide to Lyft car accidents, and what to do if you are involved in one. What Is Lyft, and How Does It Work? Lyft is one of the most popular and successful rideshare applications on the market today. A customer downloads the company’s application on their smartphone, enters their name and payment information, and then is ready to ride. The GPS function on your phone alerts nearby drivers that someone needs a ride, and once the driver confirms the trip, they are on their way to pick you up. Once the trip is complete, all payments are done electronically and the driver can move on to the next rider. Unlike taxi drivers, a Lyft driver uses their own vehicle. This means that it doubles both as a personal vehicle and a work vehicle, which can create real complications if they get into an accident. Lyft Employment Status While most rideshare companies do obviously have full-time employees, none of these are actually their drivers. On Lyft’s website they clearly assert that “drivers are classified as independent contractors, and aren’t employees of Lyft.” All drivers must take information from their IRS 1099 and file their own taxes. This is a move that Lyft and Uber use to cut down on costs. Full-time employees must be provided certain benefits by law, so Lyft gets around this by calling all drivers independent contractors. Most of the time, an “employee” is covered by their employer’s insurance policy when they are out doing business for the company. Independent contractors are generally not covered by these policies. But when your business is giving rides, rideshare companies can’t use this excuse to avoid paying insurance. Therefore, companies like Lyft have a special hybrid policy. Their drivers will primarily be on the hook for accident damages backed by Lyft’s additional coverage. Lyft’s Insurance Requirements All Lyft drivers are required by the company to have a personal auto insurance policy that meets minimum state coverage requirements. The driver’s policy is in use any time they have the application off and are out doing personal things, like picking up the kids or buying groceries. Lyft also provides third-party insurance coverage for drivers during two specific situations. Application On, Driver Waiting for a Passenger When a driver wants to go “on duty,” all they have to do is open the Lyft app and signal they are available to pick up passengers. When the app is on and they are waiting, they can be covered by Lyft’s policy if their personal insurance won’t cover rideshare activities. The policy limits are: $50,000/person for bodily injury, $100,000/accident for bodily injury, and $25,000/accident for property damage. This coverage is available to compensate you if a Lyft driver causes an accident. Application On, Transporting or In-Transit to Passenger When the driver is actually engaged transporting a passenger or on the way to pick one up, Lyft provides insurance for covered accidents: $1,000,000 for third-party auto liability, Uninsured/underinsured motorist bodily injury coverage, and Contingent comprehensive & collision up to the actual cash value of the car ($2,500 deductible). Your attorney can help you determine which policy limits might apply to your claim. Who Is Liable for Damages in a Lyft Accident? If you are looking to file a personal injury claim, you might be confused as to whose insurance will cover the accident. Because their drivers are independent contractors, this means that the company will usually not be liable for the negligent actions of their drivers. Even if the accident was entirely the Lyft driver’s fault, you will not be able to sue Lyft directly. The most common approach to Lyft accident claims is to first file a claim on the driver’s personal policy if they were off-duty or their personal policy covers the “application on, waiting for a passenger” status. But if a Lyft driver is in transit with a passenger at the time of the accident, the situation is different. Here, the driver is covered by Lyft’s primary liability insurance. If a Lyft driver causes a car accident while they are carrying a passenger, this kind of coverage should be available to passengers and those injured in the other vehicle. Injured in a Lyft Driver Car Accident? The Beliz Law Firm Can Help! If you were injured in an accident with a Lyft or other rideshare vehicle, we know the aftermath is stressful. After California failed to pass rideshare reform laws, it is more important than ever to seek a personal injury attorney in these situations. At the Beliz Law Firm, we can help you navigate the complicated process of figuring out where to file your claim, whom you can sue for damages, and more. Attorney Michael Beliz has over a decade of experience with personal injury cases in Long Beach, Riverside, and other cities in and around Orange County and has a proven track record of successful outcomes for his clients. Call 562-452-3772 or visit our website to schedule a free case evaluation today!

Car Accidents

What are the Laws in California Regarding a Pedestrian Hit by a Car?

Oct 23, 2018 | By Michael Beliz | Read Time: 3 minutes

You’re walking along a quiet street in Southern California, enjoying the sunshine and breeze, when an SUV suddenly comes around the corner and strikes you. The accident’s aftermath is a blur with flashing lights, paramedics, and questions you’re unsure how to answer. Fear, confusion, and pain set in. What happens now? What are your rights? If this has happened to you or someone you love, The Beliz Law Firm team can explain what you need to know about California pedestrian accident laws and what steps to take on your journey toward recovery and justice. California’s Protections for Pedestrians As pedestrian fatalities have continued to rise since 2021, prioritizing pedestrian safety is a top goal in California. Pedestrians are among the most vulnerable road users, so the state has set clear rules for drivers and pedestrians to ensure their safety. Driver’s Duty of Care California drivers approaching a pedestrian in any marked or unmarked crosswalk must exercise due care, including: Failing to adhere to these rules constitutes negligence, making the driver legally responsible for any harm caused. Pedestrian’s Responsibilities California pedestrian accident laws prioritize pedestrian safety. However, pedestrians must also exercise a reasonable degree of caution. They may not: Both parties share a duty of care, and California law emphasizes mutual respect on the roads to prevent accidents. Pedestrian Rights: What Happens If a Pedestrian Gets Hit by a Car When a pedestrian is hit by a car, the law allows them to hold the negligent driver accountable. The consequences of being hit by a vehicle can be devastating. Medical bills and lost wages can quickly add up while you are recovering, leading to overwhelming physical, emotional, and financial stress. However, understanding your rights can help level the playing field. Proving Negligence To win a personal injury lawsuit, the injured pedestrian must establish negligence on the driver’s part. This typically involves showing that the driver: Negligent actions can include: An attorney can gather evidence such as traffic camera footage, witness testimony, and expert evaluations to support your claim. What Type of Compensation Is Available for Injured Pedestrians? Under California law, you may recover damages for: Act quickly. California’s statute of limitations for personal injury claims is generally two years from the accident date. Delaying too long may put your chances of receiving compensation at risk. What to Do After a California Pedestrian Accident Taking the following steps can help protect your rights in a pedestrian accident: Taking these steps safeguards your rights and helps ensure you receive the compensation you deserve for your injuries and losses. Find Your Footing Again with The Beliz Law Firm The path forward can feel uncertain when you’ve suffered an injury as a pedestrian. You may wonder how you’ll pay your medical bills, when you’ll recover, or whether the driver will face consequences. At The Beliz Law Firm, we stand ready to help you regain control. Our team brings years of experience handling pedestrian accident cases across Southern California. We understand the laws, the tactics insurance companies use to minimize claims, and the profound impact these accidents have on victims and their loved ones. Contact us online or call us today for a free consultation and take your first step toward justice. Resources:

Personal Injury

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