Legal Blog

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...

Car Accidents

How to Determine Pain and Suffering in a Car Accident Case

Sep 1, 2018 | By Michael Beliz | Read Time: 3 minutes

Car accidents can leave victims with mounting medical bills and other financial losses, like lost wages. But not all injuries are easy to value in monetary terms. For example, if a car accident leaves you paralyzed in your legs, you might still be able to work. Nevertheless, you have suffered a terrible loss to your ordinary way of life. In California, “pain and suffering” is the catchall term to describe certain non-economic losses you can be compensated for. However, it is not always easy to calculate how much these losses are worth. If you have been in an auto accident, pain and suffering damages might be substantial. What Does Pain and Suffering Cover in California? Each state defines pain and suffering differently. According to California Civil Jury Instruction 3905A, pain and suffering includes: Physical pain; Mental suffering; Physical impairment; Disfigurement; Loss of enjoyment of life; Inconvenience; and Emotional distress, including embarrassment or anxiety. After a minor accident, this pain and suffering might be temporary, clearing up after a couple of months. With particularly serious accidents, however, our clients can be permanently disfigured or disabled. How Do We Calculate Pain and Suffering? In one sense, no amount of money can ever make up for certain injuries. For example, if your brain injury permanently impairs your memory and ability to speak, then no money can ever make you whole. Nevertheless, you can’t get your old body back in a car accident settlement, so money is the best substitute. At the Beliz Law Firm, we use two different methods to estimate pain and suffering: the multiplier method and the per diem method. Multiplier Method This method is easy to understand. You take your actual economic losses—the cost of medical care, lost wages, and property damage. Then you multiply these amounts by a number usually between 1 and 5, with 1 being used for less serious injuries and 5 used for the most serious, like paralysis. To take an example, Karen might have suffered the following economic losses when she suffered an arm fracture in a T-bone collision: Medical care: $5,000 Lost wages: $3,000 Car damage: $2,000 Total economic losses: $10,000 Since her injury is moderate, you would probably multiply this amount by 2 and arrive at $20,000, which is a rough estimate of her pain and suffering damages. Add the $20,000 to her $10,000 in economic losses, and Karen could get around $30,000 in her settlement. Per Diem Method Per diem means “by the day.” This method assigns a daily value for pain and suffering, such as $200. If Karen’s broken arm caused her pain for three months, during which she was regularly seeing the doctor, then you might multiply $200 by 90 days to reach $18,000 for total pain and suffering. How do you arrive at the per diem amount? Actually, it might seem rather arbitrary. An insurance company might look at how much you earn a day and use that as the number. Your attorney could use some other number so long as there is a legitimate reason for doing so. Speak with Us Now After an auto accident, you need steady legal guidance to help you get the money you deserve. At the Beliz Law Firm, we have extensive experience with car accident settlement pain and suffering claims, and we want to use our knowledge for you. To schedule your free consultation, please reach out to us today.

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...

Bike Accidents

Do You Need a Helmet in California?

Jul 26, 2018 | By Michael Beliz | Read Time: 2 minutes

If you ride a motorcycle in California, it’s important to familiarize yourself with the applicable California helmet law and obey all of the rules that apply to you. You also have the right to stand up for yourself in the event you are following applicable rules and you are in an accident that was not your fault. California Helmet Laws California motorcycle helmet law is covered under Vehicle Code Section 27803. California is one of a handful of states that requires all motorcycle riders to wear a helmet. All drivers and passengers must wear a helmet that meets federal safety standards, regardless of age. This law applies to riders on highways as well as rural roads. The helmet law in California does not apply to anyone on a fully enclosed three-wheeled motor vehicle that is over seven feet long and four feet wide. According to the Insurance Institute for Highway Safety Highway Loss Data Institute (IIHS), helmets are 37 percent effective in preventing death and 67 percent effective in preventing brain injuries. Purchasing a Helmet that Meets Federal Standards When purchasing a helmet, you must get one that meets federal standards, and it should fit snugly on your head. One helpful tip is to look for a DOT, Department of Transportation, sticker, which is a sign that the helmet manufacturer followed federal safety standards. Having someone help fit you in a helmet is good because they can ensure the helmet doesn’t move excessively and is properly fastened with the straps. Approved helmets meet minimum requirements such as: Inner liner at least one inch thick and made of polystyrene foam Nothing protruding more than two-tenths of an inch from the helmet shell Sturdy chin straps that are attached to the helmet shell with solid rivets Approved helmets typically weigh around three pounds or more. Penalties for Not Wearing a Helmet Both motorcyclists and their passengers can be subject to fines and other penalties if they fail to wear a DOT approved helmet in California. Law enforcement officers are entitled to charge an offender with an equipment violation or something greater. Equipment violations carry a minimal fine per the California Vehicle Code, but the California Highway Patrol states any violation of the helmet law is not just an equipment violation as it is an immediate safety hazard. If a California Highway Patrol (CHP) stops you, it could be a $250 fine and a year of probation, versus the $10 equipment violation. The courts tend to side with the CHP position, so it’s best you always wear your helmet as it will likely save you money in addition to potentially saving your life in the case of an accident. If you sustained a head injury in a motorcycle accident while not wearing a helmet, there may be comparative negligence of your actions. This means you may be somewhat at fault for your injuries. Retaining a California Motorcycle Attorney If you’ve been injured in a motorcycle accident, a California motorcycle attorney can assist in answering any questions and addressing your concerns. Depending on the facts surrounding the accident, you may be entitled to compensation for injuries and property damage. Call the Beliz Law Firm at 562-452-3772 to schedule a consultation.

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...

Truck Accidents

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.

Car Accidents

Common Injuries Faced by Pedestrians After a Car Accident

Jun 8, 2018 | By Michael Beliz | Read Time: 2 minutes

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 surgeries and an extensive period of rehabilitation. This can keep them out of work for an extended period of time while medical expenses and other bills pile up. Contact a Pedestrian Accident Attorney Today If you’ve suffered injuries in a pedestrian-car accident, you are entitled to collect damages. 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.

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.

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