Personal Injury

Personal Injury

How Long Does the Personal Injury Claims Process Take?

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

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

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Personal Injury

How Much is My Personal Injury Case Worth?

Sep 22, 2017 | By Michael Beliz | Read Time: 5 minutes

If you’re facing an injury from an accident, the first thing that likely comes to your mind is, “How much money can I recover?” And for good reason. You don’t want to pay for medical bills and other expenses for injuries that weren’t your fault. You want to make sure the liable party pays for all the damages you suffered. So that begs the question: How much is your personal injury case worth? Does a car accident result in more compensation than a slip and fall case? What about a dog bite? There is no straightforward answer. It all depends on the facts of the case and the resulting injuries. For the most part, it depends on damages. There are many types of damages you could receive for suffering a personal injury. Typically, the more serious the injury you suffer, the more damages you can expect to receive. It doesn’t really matter what type of accident occurred. A slip and fall accident could be worth millions of dollars, especially if there is a traumatic brain injury. If you broke your arm in a car accident, it may be worth only $10,000. There are many factors that can affect your total amount of compensation for a personal injury. Read on to learn more about how people value cases. Types of Damages in a Personal Injury Case These types of damages are available to victims to make them whole again. Being made whole again refers to being in the same physical and mental condition as before the accident occurred. This is not always possible, however, depending on the extent of the injuries. Therefore, the purpose of compensation is to aid the victim in recovering to the fullest extent possible. Common types of damages include: Medical Bills This is often the most expensive part of the recovery. A hospital stay alone can cost hundreds of thousands of dollars. Compensation includes previous medical bills, current treatment, and future medical bills. Lost Wages If you had to take time off work after the injury, you could receive compensation for your lost wages. This also includes any loss of earning capacity caused by the accident. For example, if you can’t work at all due to your injuries, you could receive compensation based on the amount of income you are losing out on in the future due to the accident. Property Damage This is common in car accidents. If the crash left your car totaled, you could receive enough compensation so you can buy a new one. You could also receive compensation for anything else damaged as a result of your accident, such as clothing or other personal items. Pain and Suffering This is a type of emotional damage that is difficult to calculate, but you can receive compensation for ongoing pain that you are experiencing from the accident. Some parties determine this by taking adding medical bills and using a multiplier based on the severity of the injuries. Another way to determine the monetary number is to give a value for every time you ache from the injury. Emotional Distress This is often included in pain and suffering damages. This refers to psychological damages that the victim may face after a serious accident, such as anxiety, depression or loss of sleep. Loss of Enjoyment This refers to the victim’s lack of ability to enjoy once-favorite hobbies. If the victim was an avid tennis player, but now cannot play due to a back injury, he or she could receive compensation to make up for this loss. Punitive Damages The Court awards punitive damages in cases where the liable party acted in an especially malicious or purposeful manner. These damages punish the liable party for their intent to harm. By hitting the defendant in the pocketbook, it will deter him or her from engaging in this type of behavior in the future. One of the most classic examples for receiving punitive damages is for injuries in a drunk driving accident. Punitive damages can exceed millions of dollars. Because of this, many states have caps on punitive damages. California, however, has no cap on these damages. However, they must bear a “reasonable relationship” to other damages. This means that a claim worth only $20,000 should not have $5 million in punitive damages. Other Factors Affecting Your Case Value Besides damages, there are other things that can affect how much money you get for your case. Negligence is one of these factors. If you were partially at fault for the accident, you still might be able to recover damages. California state law allows collection for your damages even if you were as much as 99 percent at fault. This is pure comparative negligence. It reduces your compensation amount based on your percentage of fault. For example, if your damage award is $100,000 and you were 50 percent at fault, you would receive 50 percent of the damage award, which would total $50,000. As a victim, the law requires you to take appropriate steps to fix or mitigate your damages. You should do so as soon as possible following the accident. If you don’t see a doctor for two weeks after the accident, the court is going to assume that you are not seriously injured. This could cause the jury to significantly reduce your damage amount. Let us Value Your Personal Injury Case Valuing your personal injury case is no simple task. There are many variables involved, and no two cases are alike. A thorough assessment of the case is needed so you can what types of compensation you are eligible to receive. The Long Beach personal injury lawyers at The Beliz Law Firm can assess your case and help you get a fair value for all the damages incurred by the liable party. Contact us and schedule a consultation by calling (562) 452-3772.

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Personal Injury

How Much is My Bike Accident Injury Claim Worth?

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

When you’re injured in a bike accident, the impact can be life-altering. It’s likely that you’ll need immediate, urgent medical treatment. The trauma of colliding with a much larger vehicle can be serious. Long-term care may also be necessary to bring you back to health. Plus, some bike accident injury victims never fully recover. The accident can lead to a lifetime of therapy. You may not be able to work at your normal job if your injuries are severe. This can lead to financial difficulties at a time when medical bills are adding up. California law allows you to recover compensation from the person who caused the incident through negligent conduct. The amount of your settlement or verdict depends upon the legal theory of damages. In bicycle accidents cases, they generally fall into one of two categories: 1. Economic Damages: “Economic” damages are those supported by documentation. When determining how much your bike accident injury claim is worth, you would include: Medical Expenses: You will likely visit different healthcare professionals that treat your injuries. Each of these providers will bill you for their services. Your claim will include costs related to practitioners such as doctors, ER physicians, medical specialists, chiropractors, occupational therapists, and others. You can ask for both past medical expenses and future medical cost. Lost Wages: If you miss work due to your bike accident injuries, you may recover the lost wages. To prove lost wages as an economic loss, you can present pay stubs, canceled checks, or tax records. Like medical expenses, you may ask for both past and future lost wages. In addition, you can request loss of earning capacity from the negligent party. 2. Non-Economic Damages: You would also include damages that fall in the non-economic category. These are damages where there are no receipts. They include: Pain and Suffering: It’s hard to put a value on the trauma you will experience after a bike accident. However, you can be sure that there will be lingering effects. Your case is worth compensation for pain and suffering that may result from the inability to sleep, chronic soreness, and lack of mobility. Emotional Anguish: You will include the impact of a bike accident on your daily routine and lifestyle when considering what your case is worth. Loss of Relationships: The value of your bike accident claim also includes losses you suffer with respect to your loved ones. A Long Beach Bike Accident Lawyer Can Help Being involved in a bike accident is horrific. But California law protects victims by allowing them to recover losses. However, it is difficult to prove your right to compensation. It usually requires an extensive legal background in personal injury cases. When you’re up against a pushy insurance company or in court, it’s necessary to have a strong advocate at your side. The dedicated attorneys at The Beliz Law Firm have the experience and skills to ensure you’re fully compensated for the various types of losses you sustain, so please contact us about your case. We’re available at (562) 452-3772 to answer your questions, or can schedule a case evaluation for you at our convenient Long Beach, CA location.

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Personal Injury

Who Can File a Long Beach Wrongful Death Lawsuit?

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

A sudden death of your loved one is shocking and upsetting. When the death results from someone else’s fault, it is normal to have questions about your legal options. For surviving family members a wrongful death lawsuit may be in order. It is impossible to replace a loved one whose death occurred due to another’s negligence. Before you bring a suit, it is important to meet with a Long Beach wrongful death lawyer. Discuss your case and legal details, including specifics of filing a wrongful death lawsuit. Be aware, however, that only certain family members can do so. Only Certain Parties Can Bring Forth Wrongful Death Actions in California Each state sets its own laws regarding who can bring forth a wrongful death action. In California, only certain family members can file a wrongful death lawsuit. These parties include the decedent’s: Spouse; Children; or Domestic partner. If none of the above parties exist, there are special circumstances. Section 337.60 of California Code of Civil Procedure, allows for any person “who would be entitled to the property of the decedent by intestate succession” to bring forth a claim. In some cases, other parties may bring a claim. This includes stepchildren or parents of the deceased. The parties must prove they were dependent on the decedent. You Must File a Suit within Two Years There is a two-year statute of limitations on filing wrongful death lawsuits in California. This applies to all parties who may be eligible to file. If you wait longer than two years to bring forth your action, you will lose your right to the claim. When a minor child faces injury, the child has until the age of 18 years old plus 2 years to either settle the claim or file a lawsuit for injuries. This is not true for wrongful death cases. A minor child who has standing in a wrongful death claim only has 2 years. There is one exception to the two years. If the wrongful party is a government agency than the time frame is shorten to six months. Are there specific types of compensation surviving family members can recover? A person with standing to sue may recover damages from the responsible party, based upon: ● The value of the deceased’s contribution to the household, financially and otherwise; ● The losses that will result from anticipated financial support; and, ● Emotional losses, including loss of affection, moral support, and guidance. Contact Us Today If a family member has died to the wrongful acts of another and you believe you have the right to file a lawsuit based on the information above, contact The Beliz Law Firm for a free consultation. Our Long Beach wrongful death lawyers are available by phone 24 hours a day.

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