Legal Blog

What Should I Do if I am Rear-Ended by a Semi-Truck

Jun 11, 2018 | By Michael Beliz | Read Time: 3 minutes

Getting Rear-Ended by a Semi-Truck Often Leads to Serious Injuries Settling with the insurance company after an accident like this is usually a big mistake. An experienced truck accident lawyer can make sure you aren’t stuck with unfair bills and worries after the crash. With Michael Beliz, consultations are free, so call today. Learn more about what you should do after a crash: Semi-trucks, also called tractor-trailers or big rigs, can cause devastating injuries when they collide with passenger vehicles. These trucks can weight 50,000-80,000 pounds when fully loaded, up to 40 times the weight of a passenger vehicle. Unfortunately, crashes involving semis seem to be on the rise. According to statistics kept by the Federal Motor Carrier Safety Administration, there were over 4,000 large trucks involved in fatal accidents in 2015, almost a 10% increase over the year before. Furthermore, there were 87,000 large trucks in accidents that caused bodily injuries. If you have been rear-ended by a semi-truck, remember the following tips. Call the Police If you don’t call the police, you are making things harder for yourself. Once the police arrive, they will make a police report identifying the parties involved in the collision and any witnesses. The officer also might identify who is at fault for the accident. A police report is a great way to jumpstart the evidence-gathering process. If you are too hurt to call the police, ask someone else to call for you. Seek Medical Treatment There is no way around it—semi trucks can cause catastrophic injuries to those involved. In addition to death, they cause the following serious injuries: Broken bones Crushed limbs Amputations Head injuries Back injuries Spinal cord injuries Pinched nerves Paralysis Even if the injuries are not apparent immediately after the collision, you should seek medical attention immediately. Many types of injuries, like traumatic brain injuries and internal bleeding, may not be visible or felt at the accident site. It may take days for the pains to appear, which may be too late. Therefore you should go to a medical provider to get a thorough physical examination. Do Not Talk to the Semi Truck Insurance Insurance Do not talk and admit that you did something wrong that led to the crash. Anything you say can be used against you later, so always stay quiet. There is no law that says you must talk to the insurance company regarding the facts or injuries of the claim. If an insurance adjuster wants to speak to you, have them contact your lawyer first. Collect Evidence In order to receive compensation, you need to show that the semi-truck driver was responsible for the crash. And to prove who was at fault, you will need evidence. Remember to gather the following: Take pictures of the final resting place of the semi-truck and any vehicles involved. Use your smartphone and ask a bystander to take pictures if you can’t move around. Get the name of the driver of the semi-truck plus get the insurance information. Take photos of the semi-truck both of the cab and the cargo area. Get a copy of the police report. Identify witnesses if they are not identified in the police report. Your lawyer will find this information helpful when analyzing whether you can have a case and the determination of the value of the case. Hire a Long Beach Truck Accident Lawyer To make a claim against the trucking company’s insurer, you need a seasoned advocate in your corner. Insurance companies play tough, trying to settle claims for as little as possible. Instead of negotiating with the insurance agent on your own, you should hire a truck accident lawyer who will fight for your rights. At the Beliz Law Firm, we have over a decade of experience in personal injury law and have helped numerous clients reach favorable results in their cases. To schedule a free consultation, contact us today.

Pedestrian Accidents

Common Reasons Why Pedestrian Accidents Happen in California

May 30, 2018 | By Michael Beliz | Read Time: 4 minutes

Walking might be a healthy alternative to driving, but walking is also risky. Pedestrians, unlike motorists, are completely unprotected in a collision, which dramatically increases their chances of death or serious bodily injury. Furthermore, many hazards exist for the unwary pedestrian, who can slip or trip and injure themselves on public or private property. If you have suffered an injury, you should contact a Long Beach pedestrian accident lawyer to begin building your case for compensation. Car Accidents By far, the biggest danger to pedestrians is a motor vehicle. Drivers strike pedestrians all the time. According to the National Highway Traffic Safety Administration (NHTSA), 4,735 pedestrians were killed in 2013 and another 66,000 were injured in traffic crashes. According to the Los Angeles Times, California is a leader in pedestrian deaths, with about 700 in 2014. Although the number of deaths has not increased with population growth, it also has not fallen, either. Drivers do not intend to collide with pedestrians. Nevertheless, they tend to collide for the following reasons: Driving under the influence. Drugs and alcohol suppress reflexes and make it difficult for drivers to process information. Unfortunately, driving while impaired continues to be a serious problem in California. Statistics show that alcohol or drugs play a role in about 1 out of 7 pedestrian accidents. Poor visibility. Rain, fog, and smoke can make it difficult for drivers to see pedestrians. Also, pedestrians are less visible in the dark than during the day. Unfortunately, many pedestrians do not wear reflective clothing, so drivers never see them. Distracted driving. There are endless distractions nowadays. Drivers can easily get distracted by reading or sending a text message or talking on the phone. Other distractions include conversations with people in the car, adjusting controls, and eating or drinking. All it takes is a split second for a driver to take their eyes off the road and they can quickly come upon a pedestrian. Driving too fast. The faster a vehicle travels, the less time it has to stop. Indeed, even hitting the brakes will not stop a vehicle in time to avoid a collision if it is traveling too fast. For this reason, driving too fast is a leading cause of crashes. Small children. Young children crossing a road might be invisible to drivers because of their size. Unfortunately, young children are also the most vulnerable to devastating injuries when struck by a moving vehicle. We also cannot avoid mentioning that pedestrian carelessness can contribute to accidents as well. Pedestrians are expected to follow traffic safety rules and cross at the crosswalk. Unfortunately, too many pedestrians make errors that end up putting them in harm’s way, such as jaywalking or trying to run in front of vehicles. Furthermore, distracted walking is a disturbing emerging trend. Just as drivers become distracted by phones and other electronic equipment, pedestrians with their nose pressed against their smartphone do not hear cars or see them approaching. Distracted walkers can, unfortunately, contribute to their own deaths or bodily injuries. Trips and Falls Pedestrians can also suffer serious injuries by tripping and falling. Few people watch carefully where they are stepping, instead of assuming that the parking lot or sidewalk will be level and free of holes or other hazards. However, as pedestrians soon find out, they can easily slip or trip and suffer a head or other injury after falling. In California, pedestrians can trip or slip over the following: Uneven steps in a staircase; Uneven and cracked sidewalks; Liquid gathered on a walking surface; Gathered rainwater in the parking lot or outside the entrance to a store The key to receiving compensation will be to show that the premises owner did not manage their property with reasonable care by fixing hazards or warning people about them. If you tripped on a public space, such as a road or sidewalk, you can sue the state or one of its municipalities, but you will need a Long Beach pedestrian accident lawyer help you meet the strict requirements. Apportioning Fault California law recognizes that both pedestrians and drivers can be responsible for a collision. In some states, any negligence on the part of the pedestrian will keep him or her from bringing a lawsuit for financial compensation. Fortunately, California has changed its approach to the law and does not bar an injured victim from receiving damages. Instead, California has adopted a pure comparative negligence scheme which allows an injured victim to receive compensation so long as someone else is at least 1% responsible for the crash. Therefore a party is responsible for compensation up to the level of his or her negligence. Comparative negligence applies in all cases, including trip and falls. If a person had tripped over a hole in a parking lot because she was reading a text message, then a jury might believe she is partly responsible for the accident because she was distracted. Speak with a Pedestrian Accident Lawyer in Long Beach Injured pedestrians face a future of mounting medical bills and potential lost wages, in addition to pain and suffering. At the Beliz Law Firm, we have met with many injured pedestrians looking for hope that they can begin to repair their lives. Fortunately, we have obtained favorable settlements or verdicts for many of our clients, and we are offering our services to help you. To schedule your free consultation, please reach out today. Do not delay.

Dog Bite Injury

Tips for Treating a Dog Bite

May 28, 2018 | By Michael Beliz | Read Time: 2 minutes

Each year, almost five million Americans are bitten by a dog. This number is likely too low since many people do not report dog bites to the authorities. If a dog bites you, you should immediately treat the wound to stop bleeding and prevent infection. Clean the Wound Dog bites can be superficial or very deep. After a bite, you should immediately stop the bleeding by applying pressure with a clean towel. Also, elevate the wound above the heart. If you cannot stop the bleeding with pressure, go immediately to the hospital to have the wound looked at. Once the bleeding has stopped, you can wash the wound very carefully with soap and water. Be careful not to make the wound start bleeding again. Once the wound is clean, put a sterile bandage over it. You should also apply antibiotic ointment every day to prevent infection. You can buy this ointment over the counter at the pharmacy. Look for Infection Some dog bites become infected because all kinds of bacteria live inside the dog’s mouth. If you properly cleaned the wound, you can minimize the risk of infection. Nevertheless, stay alert to the following signs that the wound has become infected: Redness Puffiness Pus drainage Painful to the touch A doctor can assess the wound and prescribe a treatment of antibiotics to treat the infection, if necessary. Visit the Hospital Some dogs bite because they are anxious, overly excited, or angry. But other dogs might have rabies or another disease. If the bite wound is severe, you should immediately go to the hospital so that you can receive the proper medical treatment. Many times, medical professional will clean and wash out the wound plus wrap it in sterile gauze. You might also need a tetanus or a rabies shot. If the wound is or becomes infected, the dog bite area may need to be drained and sutured up. Also, remember to report the dog to authorities so that they can investigate. Dealing with Catastrophic Injuries Some dogs cause devastating injuries, especially to visible parts of the body like the face. In these unfortunate situations, victims often need reconstructive surgery to repair the damage. Victims might also need skin grafts to close the gaping wounds in their body. In these incidents, victims may need to see a plastic surgeon for scar removal. In many instances, a serious bite wound will become sensitive or numb to touch. If this is the case, a medical consultation with a neurologist may be needed to determine if the area to the wound will ever feel again. Speak with a Long Beach Dog Bite Attorney Dog bites can cause serious physical and emotional injuries, and injured victims are entitled to compensation. At the Beliz Law Firm, our first priority is our clients. We offer a free, no-obligation consultation where we will sit down and listen to you describe the events that led up to the dog bite. If we think you have a valid legal claim against the owner, we can help you begin building your case. To see what we can offer, please call 562-452-3772. Do not delay. California does not give injured victims an unlimited amount of time to seek financial compensation.

Brain Injury Lawyer

Difficulties in Dealing with Brain Damage from a Car Accident

May 18, 2018 | By Michael Beliz | Read Time: 3 minutes

The sheer force created by a car collision can leave devastating injuries such as broken bones and spinal cord damage. However, traumatic brain injuries (TBIs) are another injury that can forever change a victim’s life. If you or a loved one has suffered a severe TBI, you might face years of rehabilitation that can cost tens of thousands of dollars—or more. To see what compensation is available, please reach out to a Long Beach car accident lawyer today. Complications from Moderate and Severe TBIs Unlike a concussion, which is a mild TBI, moderate and severe TBIs often do not clear up in a couple of weeks. Instead, victims deal with significant symptoms for months or years later. For example, you might experience the following: Cognitive impairment. Victims struggle to process information and problem solve. Memory problems. In particular, short-term memory is often affected. Impaired communication. Those with severe TBIs often struggle to speak or to understand the language of other people. Diminished mobility. You might experience weakness in your limbs and problems with balance, coordination, or movement. Sensory deficits. Victims might experience a decline in their ability to see, hear, touch, taste, or smell. Physical pain. Patients can suffer from headaches for years after a collision. Emotional or behavioral changes. Patients might become more irritable or struggle to control anger. They also can experience mood swings. The precise symptoms you suffer will depend on the severity of the TBI and the part of the brain that has been affected. Treatment and Rehabilitation In the immediate aftermath of a traumatic injury, the focus will be on stabilizing the patient. You might have to spend time in the hospital where doctors can help you breathe and also monitor your vital signs. If your skull was a fracture, or if you develop blood clots or bleeding, then you might need to have surgery. Once stabilized, victims undergo an assessment to gauge how the TBI has impaired them. Generally, doctors only treat the symptoms associated with the TBI. For example, you might participate in rehabilitation to recover functioning: Speech therapy can help you relearn how to talk and how to understand other people speaking. Physical therapy can increase strength and mobility. Occupational therapy can teach the tasks of daily living, such as bathing and cooking. Behavioral therapy helps manage mood swings and negative emotions. Family members, along with their injured loved one, might also benefit from meeting with a support group. These groups, comprised of other TBI patients and family members, can serve as a welcome sounding board for complaints and fears about living with the brain injury. Injured in an Accident? Contact a Long Beach Brain Injury Lawyer Many victims of severe TBI are permanently disabled and unable to work. They might also need an at-home aid or attendant to take care of them, which will cost thousands of dollars a month. TBI victims and their families should seek financial compensation if someone else is at least partly to blame for the injury. If successful, you can receive compensation for medical bills, lost wages, and pain and suffering. To check whether you have a case, meet with a Long Beach brain injury lawyer at the Beliz Law Firm. Call 562-452-3772 or submit our contact form. Initial consultations are free.

Truck Accidents

Will I Have to File a Trucking Accident Lawsuit?

May 3, 2018 | By Michael Beliz | Read Time: 2 minutes

When you become involved in a collision with a large truck in Southern California that results in serious personal injuries and significant property damage, you are likely wondering: will I have to file a trucking accident lawsuit? Before you try to decide on your own about the best way to proceed with your case, it is important to work with a California truck accident lawyer who can tell you about your options. In addition, you may be able to receive compensation through an insurance claim, but it also may be necessary to file a lawsuit to receive the compensation you deserve. We will tell you a bit more about the process and how truck accident claims typically work. No matter what, it is important to reach out to a truck accident attorney as soon as possible. Under California law, you will likely have only two years and as little as six months from the date of the accident to file your claim. Contacting the Insurance Company and Negotiating a Settlement If you become injured by a large truck, a semi-truck, or an 18-wheeler in California, it is likely that you sustained severe and debilitating injuries. In addition, you may have suffered massive property damage. Also, it is important to report the accident to your own auto insurance company after the collision. However, you should recognize that even your own insurance company may be only able to assist you in the property damage part of your case and not your injuries. While you should report the accident immediately to your insurance company and answer basic fact-based questions. Your California truck accident lawyer can assist you with your medical issues, and handle negotiations with your insurance company, and with the trucking company’s insurer, on your behalf. It may be possible to negotiate a settlement with the help of your attorney in the claim stage. However, if your injuries are serious, you may need to file a trucking accident lawsuit. Filing Your Lawsuit with the Help of a Long Beach Accident Lawyer If you do need to file a trucking accident lawsuit, this may mean that you will need to understand it may take some time to get compensation through a settlement. Your truck accident lawyer can discuss options with you for filing a claim against the responsible party. Which may be any of the following depending upon the specific facts of your case: Truck driver; Trucking company; Truck owner; Truck loader; Manufacturer of a truck part; Designer of a truck part; or Mechanic who improperly serviced the truck. You may be able to name multiple defendants in your lawsuit. In many cases, even trucking accident lawsuits get settled before a trial, and plaintiffs receive the compensation. Contact a California Truck Accident Attorney Your California trucking accident attorney can help with every step of the process. We can ensure that you become treated fairly by the insurance company present the best possible case if you need to turn to a trucking accident lawsuit. Contact the Beliz Law Firm today for more information or to get started on your case.

Slip and Falls

What Type of Settlement Can I Expect from a Slip and Fall Ankle Injury?

Apr 25, 2018 | By Michael Beliz | Read Time: 3 minutes

Did you recently slip and fall at a small business in Southern California or at a private residence in Long Beach? Regardless of where you slipped and fell, you may be able to obtain compensation. The accident must have resulted from the property owner’s (or property manager’s) negligence. Under California law, property owners, as well as anyone who rents, occupies, or otherwise controls property, has a basic duty of care to people on the property. Specifically, the property owner must “use reasonable care to keep the property in a reasonably safe condition.” If a slip and fall accident occurs because a property owner failed to use reasonable care to keep the property in a reasonably safe condition, the injury victim may be able to obtain an insurance settlement or to seek compensation through a settlement after filing a premises liability lawsuit. What type of settlement can you expect to receive for a slip and fall ankle injury? Seeking Compensation through an Insurance Policy The first step in determining the type of settlement you can expect to receive from a slip and fall ankle injury is establishing the four elements of negligence. These elements are duty, breach, causation, and damages. Whether you may be eligible to obtain compensation through an insurance policy for your injuries depends on the facts concerning each of the negligence elements. If you slipped and fell at a local business or at a private residential property, you may be able to obtain a settlement from an insurance company. If your slip and fall occurred at a Long Beach business, the commercial property insurance policy for the business may provide coverage for your slip and fall ankle injury. Likewise, if you slipped, trip, and fell at a private residence and the owner has homeowners’ insurance, you may be able to file a claim through the homeowner’s insurance policy. It can take weeks, months, or even years to negotiate a settlement with an insurance company. But you may be able to obtain a settlement that includes both economic and non-economic damages. Economic damages provide compensation for direct financial losses. They include things like the surgery costs and lost wages due. It is common for people to miss work with serious injuries. Non-economic damages cover subjective losses such as pain and suffering. If, for instance, you fractured multiple bones in your ankle and are in serious pain as a result of the slip and fall accident, you may be able to negotiate a settlement that includes compensation for pain and suffering. When an Insurance Claim Settlement is Insufficient, You May Be Able to File a Lawsuit If you cannot obtain the compensation you deserve through an insurance claim, you may be able to negotiate a settlement after filing a lawsuit against the negligent party. A premises liability lawyer can negotiate with the defendant. They will show that they can prove the defendant’s negligence and thus responsibility for the accident under California law. When a plaintiff’s case involves strong evidence of the defendant’s liability and your documentation of your injuries, the defendant may be willing to settle the case instead of taking it through a trial and to a judge or jury. In such a case, the compensation may include both economic and non-economic losses. Contact a Long Beach Premises Liability Lawyer If you sustained an ankle injury in a slip and fall accident, a California premises liability lawyer can help you to get the settlement you deserve. Contact the Beliz Law Firm today.

Truck Accidents

Why Are Accidents Involving Semi Trucks Common in Riverside?

Jan 16, 2018 | By Michael Beliz | Read Time: 2 minutes

Help with Riverside Commerical Vehicle Accidents Semi-truck accidents are a small minority of total motor vehicle accidents in the United States. State and federal regulations passed over the last few decades reduced the number of semi-truck accidents that occur. But when these accidents do happen, they are twice as likely to be fatal. Unfortunately, Riverside and the greater Inland Empire area sees more than its fair share of commercial truck accidents. The manufacturing and agricultural industries make Riverside a popular destination for the import and export of goods. Semi-trucks transport a majority of these goods. Riverside’s populous but sprawled population creates traffic congestion with more drivers on the roads. Riverside is also the meeting place for three major freeways: Interstate 215, State Route 60, and State Route 91. Because of these factors, Riverside has a reputation as a hotbed for 18-wheeler and commercial truck accidents. Find out how to protect yourself from a Riverside semi-truck collision. Common Causes of Semi Truck Accidents Commercial truck drivers are usually some of the best drivers on the road. Yet, when a truck driver causes an accident, the consequences can be serious and often fatal. Some of the common reasons for semi-truck accidents in Riverside include: Driver fatigue. Truck driver fatigue causes about a third of commercial truck accidents. Drivers sometimes skip breaks or mandated rest periods to meet deadlines or get home to their families. Distracted driving. Texting, talking on the cell phone/CB radio, listening to loud music, or eating may distract truck drivers. Speeding. 18-wheelers take a long time to slow down or come to a complete stop when moving at a high rate of speed. This makes speeding a very dangerous behavior for commercial truck drivers. Truck drivers sometimes speed to meet strict delivery timelines. Equipment Failure. Trucking companies are responsible for the proper maintenance and care of their vehicles. When companies neglect truck maintenance, truck drivers may experience several issues. These include tire blowouts, faulty brakes, and other malfunctioning equipment. Any of these issues can lead to an accident. Poor training and/or driving practices. Safely operating a semi-truck requires training and experience. Therefore, poorly trained and inexperienced truck drivers are more likely to cause an accident. Finding a commercial vehicle accident lawyer in Riverside When a truck driver causes an accident, both the driver and the trucking company may be responsible for the financial, physical, and emotional damages that result. Unfortunately, insurance companies that represent trucking companies are very skilled at minimizing payouts to truck accident victims. If you are in a semi-truck accident, be sure to consult with a personal injury attorney before accepting any offers or settlement from an insurance company. Involved in an 18-wheeler Truck Accident? Call a California Personal Injury Attorney. If you or a loved one was injured in a commercial truck accident, you may be entitled to compensation. The Beliz Law Firm will fight the big corporations to protect your rights and interests. Contact our office in Long Beach, California to schedule your free initial consultation and case review.

Slip and Falls

Do I Deserve Compensation for My Slip & Fall Accident?

Jan 10, 2018 | By Michael Beliz | Read Time: 3 minutes

If you slip and fall on an individual’s or business’s property, they may owe compensation for your injuries. However, the case must meet several criteria for a valid slip and fall claim. We all fall down from time to time, and not every accident deserves compensation. Only under certain conditions is the owner of the property responsible for your injuries. Find out if your slip and fall accident may be worth pursuing a personal injury settlement. Does Your Case Meet the Components of a Premises Liability Claim? Slip and fall claims fall under the category of premises liability. Premises liability means the owner of the property is responsible for providing a safe environment for guests. When unsafe conditions lead to an accident, the victim is often entitled to compensation. The victim prove the owner acted negligently, though. There are three essential elements to establishing a negligence claim: The defendant owed a duty of care to the plaintiff. Property owners have a duty to protect the people on their property from hazards in most circumstances. This duty of care does not usually extend to trespassers. The defendant breached his duty through his actions or failure to act. The property owner did not take reasonable steps to prevent the victim’s accident. The defendant’s breach of duty resulted in harm to the plaintiff directly. The victim must have suffered damages. If the defendant acted negligently, but the plaintiff isn’t facing injuries, a valid negligence claim does not exist. What Was the Condition of the Property? To deserve compensation for your slip and fall accident, you must have been subjected to unsafe conditions on the premises where your accident occurred. Examples of unsafe conditions include: spilled or leaking liquids in areas you would not expect wet or slick floors icy parking lots, sidewalks, and entrances potholes or badly broken concrete/asphalt/stairs obstructed paths Was the Owner Aware of the Property’s Condition? We cannot hold property owners responsible if he or she was unaware of the hazard that caused your injuries. The owner must be aware of the unsafe conditions to be liable. This is often the most difficult component of a slip and fall claim to prove. The court may look at how long the hazard was present before the accident occurred to decide if the owner should have known about the unsafe conditions. Did the Owner Attempt to Warn You or Fix the Problem? Property owners should attempt to resolve the problem as soon as possible. When someone cannot fix a hazard immediately, the owner must notify guests of the danger. Failure to display a “wet floor” sign near slick floors could cause an accident worthy of compensation. Are You at Fault for the Accident? Although property owners have a duty of care to their guests, individuals also have a responsibility to avoid injury. If your accident was the result of your own negligent or reckless behavior, you may not be able to seek recovery for your injuries. For example, if you’re injuries result from skateboarding on a visibly icy sidewalk, the court may find you are partially responsible for your injuries. In these cases, the court may reduce your compensation by the percentage to which it determines you are at fault. Reach out to Michael Beliz, Slip and Fall Attorney in Long Beach, California For a free consultation and case review, contact the Beliz Law Firm today. We are eager to assist you throughout each step of your case.

Car Accidents

Auto Accident Laws in California

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

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

Personal Injury

How Much Are Personal Injury Lawyer Fees in California?

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

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

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