Personal Injury Archives - Page 2 of 3

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

8 Questions to Ask a Personal Injury Lawyer During Your Consultation

Oct 5, 2018 | By Michael Beliz | Read Time: 3 minutes

There are thousands of lawyers in California, and finding the right one for your case can take a little bit of legwork. Instead of just picking a name out of the phone book, you should obtain referrals and look at the lawyer’s website. The best lawyers should have websites free of grammatical errors and full of informative content. Helpfully, most attorneys offer a free consultation where you can meet and ask any personal injury questions that you want. At the Beliz Law Firm, we recommend that you ask the following questions to get a feel for whether a lawyer is right for you. Ⅰ. “How Much of Your Practice is Devoted to Personal Injury?” This is one of the most important questions to ask a personal injury lawyer. You want someone who has experience handling your type of case, not someone who dedicates their entire practice to divorce or probate matters. Though a lawyer does not need to practice 100% in the personal injury field, they should dedicate a large percentage of their practice to it. Ⅱ. “Have You Handled a Case Like Mine?” Personal injury is a large field. It encompasses car accidents, truck accidents, slip and falls, dog bites, and medical malpractice. If you were injured while riding a bicycle, you want to know how many cases the lawyer has handled involving bicycle accidents. All lawyers are capable of getting up to speed on the law. But by hiring someone experienced with cases like yours, you will get more efficient representation. Ⅲ. “What Do You Charge for Fees?” Of all the questions to ask a personal injury lawyer, questions about fees make people uncomfortable. There is no reason to feel that way. You should know up front how the lawyer charges for his or her services. Nearly every personal injury lawyer in California represents injured victims on contingency. This means that the lawyer does not require fees upfront, and they do not bill you every month. Instead, the lawyer only receives fees if you win your case. In that situation, you pay a percentage of your settlement or jury verdict to your lawyer, usually 33-40%. Lawsuits also involve many expenses, for things like copy, filing fees, transcription fees, and costs associated with expert witnesses. Lawyers differ on how they charge these fees, so ask for this information ahead of time. A lawyer should provide all fee information in writing. Ⅳ. “How Much are My Injuries Worth?” A key aspect of every case is valuing a client’s injuries. Clients can receive compensation for: Medical care Lost wages Property damage Pain and suffering At the consultation stage, a lawyer might not have all the information necessary to give you a number. But the lawyer can talk about her experience and how much other people with similar injuries have received. Ⅴ. “What is the Likely Outcome for My Case?” No lawyer can promise a result. However, a lawyer can use her experience to estimate your chances of success. Listen closely to how clearly the lawyer describes the legal issues. If the lawyer talks over your head, then it might be hard to work with this person. The lawyer might also point out what evidence you need to strengthen your case. Pay attention to whether the lawyer sounds honest and believable. Anyone who tells you your case is a “slam dunk” probably is not credible. Ⅵ. “How Many Cases Have You Taken to Trial?” The vast majority of lawsuits settle before going to trial. Nevertheless, sometimes trial is unavoidable. You should find out how many trials a lawyer has handled. If you end up in front of a jury, you don’t want someone completely inexperienced. Ⅶ. “Who Will Work on My Case?” Many lawyers employ all kinds of assistants—document clerks, paralegals, case managers, etc. A lawyer might also have junior attorneys who work under him. Find out exactly who will be working on your case. Ⅷ. “How do You Like to Communicate? Phone? Email? In Person?” Of all the questions to ask your personal injury lawyer, this is the most important. Many attorney-client relationships break down because of unclear expectations surrounding communication. You need to know upfront how often your attorney communicates and his preferred method. Some lawyers might send you an email or letter once a month. Others might pick up the phone and provide weekly updates, while others might only call when they receive an offer to settle. Also, you need to know how much time a lawyer takes to return calls. 48 hours? A week? And ask who you will speak to. Some lawyers are so busy you will only talk with a case assistant. Contact a California Personal Injury Lawyer Today At the Beliz Law Firm, we practice personal injury law. Our experienced attorneys have negotiated with some of the state’s most powerful insurance companies, and we know how to win. To talk with a member of our team, please

Personal Injury

What is the Personal Injury Statute of Limitations in California?

Sep 7, 2018 | By Michael Beliz | Read Time: 4 minutes

The personal injury statute of limitations California can vary from case to case depending upon the type of injury and how it happened. If you recently suffered a personal injury in California, it is extremely important to understand how the statute of limitations can affect your claim and, in some cases, bar you from seeking recovery if you fail to file your lawsuit on time. In the meantime, if you have questions about filing a personal injury lawsuit, you should contact a California personal injury attorney as soon as possible. What is the Statute of Limitations in California? After getting hurt in an accident in California, you might have heard that you need to be careful of the statute of limitations. What is the statute of limitation in California, and how does it apply to personal injury cases? In short, the statute of limitations is a time window in which a plaintiff is allowed to file a lawsuit. For many personal injury claims, the statute of limitations begins “running” when a person suffers an injury, but there are some situations in which the limitations period can be paused, or “tolled” as the law describes it. We will provide you with more information about the specific statute of limitations for many different types of personal injury cases in California. General Personal Injury Claims Based on a Theory of Negligence Under the California Code of Civil Procedure § 335.1, the statute of limitations for most negligence based personal injury claims is two (2) years from the date of the injury. In most cases, this statute of limitations applies to claims that arise under a theory of negligence. As the California Courts explains, this statute of limitations applies to cases in which “the defendant hurts you with or without intending to hurt you,” and it can apply to “personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act.” Once two years have passed, if a plaintiff has not filed a claim, then the statute bars her from filing a personal injury lawsuit to recover. However, there are some exceptions to this rule. For some cases, the statute of limitations is much shorter (meaning that the plaintiff needs to file a claim even sooner), and sometimes the statute of limitations is tolled (giving the plaintiff additional time to file a personal injury lawsuit). Personal Injury Claims Against a Government Employee, Entity, or Agency The statute of limitations is much shorter than two years when the plaintiff wants to file a lawsuit against a government agency. Depending upon the specific facts of the case, the statute of limitations is often six (6) months from the date of injury, although sometimes it can be one year from the date of the incident. This is the timetable that the plaintiff must abide by to file a claim with the government agency. If the claim gets denied, the plaintiff can then file a lawsuit. Often plaintiffs do not realize that their claim is against a government agency, and thus they miss the filing deadline and are barred from seeking compensation. This is one of the reasons that it is extremely important to begin working with a personal injury attorney as soon as you get hurt. Medical Malpractice Claims in California California medical malpractice cases, or medical negligence claims, also have a different statute of limitations. Based on Negligence Statute of Limitations in California under the California Code of Civil Procedure § 340.5, the statute of limitations for a medical malpractice claim is three (3) years from the date of the injury, or one (1) year from the date the plaintiff “discovers, or through the use of reasonable diligence should have discovered the injury, whichever occurs first.” In other words, if the plaintiff knows about an injury or should have known about an injury caused by medical negligence, then the statute of limitations may be only one year. Otherwise, the statute of limitations cannot be more than three years. There are rare exceptions to this rule. Other Ways to Toll a Statute of Limitations There are some situations in which the statute of limitations may be paused or tolled. While tolling the statute of limitations is not possible in most cases, some of the following factors may allow a plaintiff to obtain additional time to file a personal injury lawsuit in a California court: It can be extremely complicated to toll a statute of limitations, and it requires assistance from an experienced personal injury attorney. You should never assume that you can pause the statute of limitations in order to file a claim outside the statutory time window. More often than not, plaintiffs are barred from recovery when they do not file a lawsuit within the limitations period. However, if the statute of limitations has already run out on your case, you should still speak to a California personal injury lawyer to determine whether there is a way to seek compensation. File Your Claim On Time With Help From a California Personal Injury Attorney Determining the statute of limitations personal injury California can be complicated for many accident victims, and misjudging the statute of limitations can result in the plaintiff being barred from obtaining compensation through a civil claim. As such, it is extremely important to discuss your case with a California personal injury lawyer soon after the accident. Your personal injury attorney can examine the specific facts of your case and can ensure that your lawsuit is filed before the California personal injury statute of limitations time period runs out. Contact The Beliz Law Firm to begin working with a dedicated advocate on your case.

Personal Injury

How Long Do Slip and Fall Injury Cases Take to Resolve?

Sep 7, 2018 | By Michael Beliz | Read Time: 5 minutes

When you get hurt in a serious slip and fall accident, you are probably wondering: how long does a slip and fall case take to settle? The short answer is that slip and fall accidents can take varying times to resolve, and the timetable for any given slip and fall case in California or elsewhere depends upon the facts of the case. At the same time, however, slip and fall claims tend to have similar elements, and it can help for slip and fall injury victims to understand the process of filing a premises liability claim in order to have a better understanding of the length of time for any given slip and fall case or settlement. Slip and Fall Cases Can Be a Lengthy Process It is a question that slip and fall accident lawyers get all the time: How long is my case going to take? There are two honest answers to this question. Unfortunately, the answers aren’t satisfying: There is a lot of uncertainty regarding length. The time it takes to settle California slip and fall accident claims vary; and Most slip and fall accident cases take quite a long time to settle. Many take more than a year in litigation. There is no way around it. The personal injury claims process, particularly for slip and fall accident cases, is not fast. Further, insurance companies fight these types of claims. This can lead to a long and drawn out settlement process. Most slip and fall cases are not settled in pre-litigation. Instead, someone must file a complaint in court to get the ball rolling. Example of a Slip and Fall Injury Case in California How long do slip and fall settlements take? In order to provide you with more information about this question, we want to give you a hypothetical example of a slip and fall case that we will use to tell you more about how the premises liability settlement process works. Here is an example of a slip and fall case: Joe was grocery shopping at a local supermarket. He was wearing shoes with a leather sole, which tend to be somewhat slick on flat surfaces, but he came directly from work. Joe usually wears his leather-soled shoes when he makes any stops on his way home from work, and he has never had any problems in the past. Joe knows he needs only a handful of items on a grocery list, including a new bottle of olive oil. He heads down the aisle with oils and other cooking supplies, carrying a shopping basket that is relatively heavy since it is filled with other grocery items. The floors in the supermarket are an off-white color, so Joe does not notice that a bottle of olive oil spilled on the floor. Clearly, someone cleaned up part of the spill previously—there are no signs of a broken bottle, and only the olive oil remains on the floor. Joe is rushing down the aisle to grab the oil he needs because he realizes he is late to pick up his child from daycare. While rushing down the aisle, Joe slips and falls on the oil. As a result of the slip and fall, Joe breaks his wrist and suffers a concussion. Because of the concussion, he needs to take several days off from work, and he also needs extensive surgery and follow-up medical treatments to repair the multiple breaks in his wrist. How is Joe’s slip and fall case likely to proceed? Understanding the Slip and Fall Accident Claims Process Demand Letter and Insurance Negotiations Typically the first step in a slip and fall settlement is to send a demand letter to the property owner to seek compensation for losses through insurance. The supermarket in the example above likely has insurance, and Joe’s premises liability lawyer could attempt to negotiate with the insurance company for a fair slip and fall settlement. In order to convince the insurance company to offer a fair settlement, the demand letter usually needs to make clear that Joe would win a slip and fall lawsuit because the facts of the case meet the essential factual elements of a premises liability claim: Supermarket owner or manager (the defendant) controlled the property where Joe slipped and fell; Supermarket owner or manager was negligent in failing to properly clean up the oil spill in the aisle; Joe (the plaintiff) suffered harm as a result of the defendant’s negligence; and Supermarket’s negligence was a substantial factor in causing Joe’s injury. In some cases, the defendant’s insurance company will negotiate a fair settlement, but in other cases, the plaintiff will need to file a premises liability lawsuit. When an insurance company makes a fair settlement offer, a slip and fall settlement can occur very quickly—within weeks to a couple of short months after the accident. However, when a plaintiff needs to go to court, the timetable for a settlement offer becomes much longer. Filing a Premises Liability Claim in California A plaintiff has two years from the date of the slip and fall injury to file a premises liability lawsuit in California. This is known as the statute of limitations. As long as two years have not passed, Joe’s lawyer can prepare a complaint. The complaint will provide key factual information about the case, such as who is being sued, where and how Joe slipped and fell, and what kinds of damages Joe expects the supermarket to pay for his injuries. Damages in slip and fall cases typically include compensatory damages, which compensate a victim for losses. These can include economic damages (like lost wages and medical bills) as well as non-economic damages (like pain and suffering). Once Joe files a complaint, the defendant will be able to file a response, which is known as an answer. The answer typically involves the defendant admitting to or denying the statements in Joe’s complaint. In the answer, the defendant can also bring up any affirmative defenses, such as a comparative...

Personal Injury

Three Tips on How to Deal with Insurance Companies

Aug 7, 2018 | By Michael Beliz | Read Time: 4 minutes

Most personal injuries claim are handled by insurance companies. In the majority of states, even for car accidents, this is an adversarial process. You and the insurance are on opposite sides of the negotiation, and it is just that – a negotiation. It’s important to recognize that the insurance company has every incentive to pay you as little as possible for your claim and no incentive to honor the full value of your claim. On the one hand, this makes sense because it keeps both parties honest. On the other hand, if one party is at a supreme disadvantage, they generally get steamrolled by the other party. For that reason, the majority of those who are in serious car accidents or other personal injury suits request the aid of an attorney to manage their claim. As attorneys, we are in a position to give some advice on the issue. These are three tips for dealing with insurance companies. #1. Say Nothing to the Other Person’s Insurance Company Insurance adjusters often try to contact those who have just been in serious car accidents. They’ll tell you that they’re trying to help you and any information that you can give them will help your claim get processed quicker. The truth is that they have no intention of helping you and any information that you give them may be used against you to devalue your claim. It could be as subtle as asking loaded questions like “how are you feeling today”. This may sound innocuous, but you’re naturally reflex might be to say “much better”, “not bad” or something like that. There is a natural human instinct to put those who express concern at ease. But either of those answers could be taken as a sign that you are not entitled to extensive damages regardless of whether or not you are. #2. Disable Your Social Media Accounts Again, your grandmother from across the country may ask you how you’re feeling. How are you most likely to respond? You will respond in a way that sets her mind at ease. Meanwhile, insurance companies are building evidence against you. When you attempt to make a claim for emotional trauma or extensive injuries they’ll point to your conversation with your grandma that you are doing much better than you claim you are. On the one hand, that’s their job. On the other, it may affect negatively on your case. #3. Let Your Attorney Manage All Communication Once you retain legal counsel your attorney will manage all communication regarding your injuries and claim. Insurance companies will be forced to negotiate with them instead of you. While many folks successfully negotiate settlements with insurance companies, they don’t typically have serious injuries they need to be compensated for. The greater your injuries, the more important it is that you retain the services of a qualified personal injury attorney. Remember, you’ll only get one chance to receive compensation for your injuries. If you jump at a low offer you’re signing away your rights to further pursue damages. Contact a Personal Injury Attorney If you’ve suffered serious injuries due to another’s negligence, call the personal injury attorneys at Beliz Law Firm at (562) 452-3772 or contact us online and we can begin building your case right away. Common Injuries Faced by Pedestrians After a Car Accident When a pedestrian is hit by a car, they very seldom have the advantage. The car is larger and it’s moving faster. Even a car moving at the relatively slow speed of 10 mph can do serious irreversible damage to a defenseless pedestrian. While the pedestrian has a duty to obey traffic signals and traffic laws, so does the car. Furthermore, the car has a duty to attempt to avoid the pedestrian. That is the case even when the pedestrian is jaywalking or committing some other violation. In that event, the illegal actions of the pedestrian do not negate either the illegal actions of the driver nor their duty to avoid the pedestrian. Even pedestrians who are partially at fault for an accident can collect a major settlement or jury award. The reason for that is due to the fact that pedestrians suffer extensive injuries in collisions with cars. Some of those injuries can change a person’s life forever. Traumatic Brain Injury The term “traumatic brain injury” is generic enough to encompass a wide array of head injuries that vary in severity. But more often than not pedestrians will suffer from concussions at the very least. In very bad scenarios they can suffer permanent brain damage that compromises their ability to do their jobs, maintain employment, or experience a full range of emotions. Damage to certain parts of the brain can be fatal. In addition, the brain can suffer damage from swelling or bleed internally. Spine and Neck Injuries Depending on how a pedestrian is hit, the chances that they suffer serious damage to their spine or neck are not negligible. From these, permanent paralysis can result. This can force major changes to a person’s line of work. If they depended on their ability to stand in order to do their job, then they will need to find a new line of work. Not only would they be entitled to collect on their loss of income, but they could also collect on training necessary to enter a new field of employment. In the most severe cases, the paralysis is lifelong and leaves the injured party without the use of either their arms or legs. These individuals require 24-hour care. They are entitled to collect damages to pay for that care. Bone and Organ Damage Depending on the size of the vehicle that hits a pedestrian, extensive damage to various parts of the body can occur. Even smaller vehicles can cause serious damage to the arms, legs, and the “core”, like the ribs. This, in turn, can lead to potentially fatal internal bleeding or severe organ damage. In every case, the pedestrian may likely need multiple...

Personal Injury

Average Personal Injury Settlement Amounts

Jun 16, 2018 | By Michael Beliz | Read Time: 4 minutes

No one really knows the “average” amount of compensation injured victims receive in a personal injury settlement. Many different factors are in play that no two cases are exactly alike. Rather than worry about the “average” amount of money available, you should strive to better understand what factors go into determining how much compensation our clients receive. Calculate Your Economic Damages Economic damages are damages you can prove with a bill or a receipt. Medical Treatment For example, many of our clients need medical treatment to deal with their injuries, such as: Surgery Doctor’s visits Rehabilitation Transportation to the hospital Prescription drugs Over-the-counter drugs Equipment, such as crutches, wheelchairs, braces, etc. Injured victims can receive compensation for all of the medical treatment that is related to the personal injury accident. If the injuries are serious, you can receive a payout for future medical care as well. For example, clients who have been paralyzed or suffered a traumatic brain injury might need at-home care for the rest of their lives. Loss Wages Additionally, loss wages is another form of economic damages. If your injuries have kept you out of work, you can receive money to replace the amounts lost. In addition to past loss wages, you can be compensated for future loss wages. Keep any proof of your income, such as: Paystubs 1099/W-2 forms from employer Tax returns Other proof of self-employment income You can also make a claim for loss of earning capacity. This is where you could have made more salary in a different profession if not for the injuries from the accident. For example if you just passed the board exams to become a doctor and received a brain injury from an accident, you may have a claim for loss of earning capacity for years of not being paid like a medical doctor. Property Damage Also, you can receive compensation to replace any property damage, such as damage to your car involved in a collision. Further you may recover rental car charges, towing bills, storage costs, and loss of use. Hold onto repair estimates, charges, or bills that show how much it cost to repair or replace the vehicle and anything else related to the vehicle. Estimate Your Non-Economic Losses California allows injured victims to receive a sum of money for intangible harms like pain and suffering. These injuries are harder to measure in dollars and cents because there is no receipt or bill attached to them. However, you can still receive compensation for these harms, such as: Physical pain Emotional distress Loss of enjoyment of life Disfigurement In some situations, your spouse might also have a claim for “loss of consortium,” meaning negative changes to your marriage caused by the accident. For example, they might have suffered loss of companionship, sexual intimacy, or services of the household as a result of the accident. Estimating the amount of non-economic losses is tricky. Clients may receive some multiple of their economic losses in non-economic damages or the cost of the daily loss of enjoyment spread out for the rest of their life. You can maximize your non-economic damages by carefully documenting your pain and suffering. For example, keep a pain journal where you note the location of pain every day and its intensity. Also explain how the injury has affected your mental health and whether it has prevented you from enjoying your favorite hobbies. Identify Whether You Were Partially at Fault for the Accident California law recognizes that victims sometimes contribute to their injuries by being negligent themselves. For example, you might have been reading a text message while driving when another car slammed into you. Or you might not have been paying attention to where you were walking when you tripped over a hazard and injured yourself. A victim’s own negligence is called “contributory negligence” and it can affect the amount of money you receive. Fortunately, personal injury victims can still pursue settlement or a lawsuit if someone else is at least 1% responsible for the accident. However, your settlement will be reduced by your proportion of fault. For example, your injuries might be worth $100,000, but you were 50% responsible for the accident. In this case, you will only receive $50,000 in compensation. If you were 80% responsible, then you would receive only $20,000. During settlement negotiations, your lawyer will try to minimize your proportion of fault. The larger percentage you can place on the other party, the greater likelihood the other party will will negotiate. Therefore before your lawyer can advocate effectively, however, he needs to know what you were doing right before the accident, so always be honest with your lawyer. Analyze the Defendant’s Assets To receive compensation, the other side must have some assets so that they can pay you. California law states that every driver on the roadways and highways must have automobile liability insurance. Even though another person caused the accident, the insurance company will be the one compensating you for your damages. If you were injured by a business employee, then you may be able to hold their employer responsible for your injuries. This concept is called “respondeat superior” and it holds companies liable when their employees injure someone in the scope of their employment. Often, suing a business is better than suing an individual because a business has deeper pockets, but everything depends on the circumstances. If your injuries happened at someone home like from a dog bite, the person’s homeowners policy may contribute to your compensation. A business general liability insurance for may cover you when an accident occurs on the business property like a slip and fall. If someone without insurance hits you in traffic or does not have a homeowners policy, you might not receive anything in a settlement or judgment, especially if the driver/homeowner has no income, savings, or other assets. Therefore, it is especially important to investigate if the negligent party has insurance. Our Results No lawyer can promise a result, and no two cases...

Personal Injury

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