Legal Blog

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.

Wrongful Death

Settling a Wrongful Death Claim

Mar 2, 2018 | By Michael Beliz | Read Time: 2 minutes

Trials are not always necessary to resolve a wrongful death lawsuit. Sometimes the parties reach an amicable settlement agreement outside of the courtroom, either before or after the proceedings begin. A settlement agreement is a legally binding contract in which one party forgoes his or her claim if the other party pays the amount set forth in the settlement. A settlement is enforceable if agreed to in a writing signed by the parties outside the courtroom or if agreed to orally before the court. The parties may then move for the court to enter judgment according to the settlement terms. California law authorizes courts to enforce such agreements. Yet, a settlement agreement does not necessarily resolve all the claims against a particular wrongdoer. For example, the decedent’s surviving spouse might decide to settle, while the decedent’s parents — if financially dependent upon their child — might choose to go to court. What Is a Wrongful Death Claim? A wrongful death claim arises under California law when a person dies because of another person’s negligent or wrongful act. The survivors of the victim may file a civil lawsuit seeking monetary damages from the wrongdoer. California permits spouses, children, parents and other relatives to file wrongful death claims under certain circumstances. It is important to understand the types of compensation available to those who choose to file a wrongful death claim. Specifically, there are two general categories of damages that survivors may seek. These are economic and noneconomic. Common economic damages awarded in wrongful death cases include medical bills, financial support (the amount the decedent would have contributed to the family over the course of his or her lifetime), and funeral and burial expenses. Noneconomic damages can be difficult to quantify. They compensate survivors for the loss of the decedent’s love, companionship, and moral support, among other nonfinancial losses. Negotiating a Settlement Agreement The amount of damages awarded in a wrongful death lawsuit depends on the facts of the case and the policy limits of the insurance. However, claims can often settle for millions of dollars. An experienced attorney can examine the facts of your case and help you determine your best course of action. This could be to seek or accept a settlement agreement or proceed to trial. Contact Us Today for Assistance Moving forward after losing a loved one can be a difficult process, which is only compounded by mounting bills. If you find yourself in this situation, we advise you to reach out to a skilled attorney for help with your case. Contact our office in Long Beach, California for a free consultation if your loved one was killed because of another person’s negligent or wrongful act. Our personal injury attorneys will help resolve your wrongful death claim and help recover compensation for your loss.

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

Can I Get Compensation for my Whiplash Injury?

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

There are many different ways a car accident can cause injuries. These include broken bones, cuts, burns, and soft tissue injuries like whiplash. Whiplash refers to any painful neck injury. It can result from stretching and strains to the tendons, ligaments, or muscles in the neck. Whiplash occurs when the head is violently “whipped” forward and back or vice versa. This is where the name whiplash comes from. It is common for car accident victims to suffer whiplash. The injury may be severe enough to seek treatment for the condition. Doctors may treat whiplash among other things with prescription medication, physical therapy, electrical stimulation, or chiropractic manipulations. To limit movements, doctors may order a cervical collar while the patient recovers from whiplash. Yes, If Another Party was At Fault for your Accident You may recover compensation for your medical bills and expenses through a personal injury claim. To do this, you must demonstrate the following: Another party had the duty to take reasonable care to prevent an accident. In a car accident claim, this refers to the duty to obey posted speed limits, traffic signs, and avoid breaking other traffic laws; The party somehow breached his or her duty to prevent an accident. Speeding, driving drunk, following too closely, and texting while driving are examples of this type of breach; By breaching his or her duty to others, the driver caused an accident that resulted in your injuries; and The driver caused injury in terms of medical expenses or loss of earnings. In California, most accidents victims have two years from the date of your accident to file a personal injury lawsuit. File your personal injury claim ahead of this deadline. Give yourself and your lawyer sufficient time to negotiate an appropriate settlement. Recovering Compensation for your Whiplash Damages You can demonstrate that your injuries and financial damages were the direct result of another party’s negligence by providing evidence showing how the accident occurred and how it caused you to be injured. Evidence you can use to support your claim includes: Photographs of the accident; The official police report for the accident; Eyewitness testimonies of the accident; Documentation showing when you were out of work, what you earn, and the amount of earnings you missed because you were out to recover; Your medical bills; and Commentary from your doctor discussing the injury and your prognosis. Work with an Experienced Long Beach Car Accident Lawyer If an accident that could have been prevented if another party had taken greater care to reduce the likelihood of it happening caused injuries, you can seek compensation for your related monetary damages through a personal injury claim. To learn more about your rights, your legal options, and how to move forward with your claim, contact The Beliz Law Firm today to set up your free consultation with an experienced car accident lawyer. Call us at 562-452-3772.

Pedestrian Accidents

I Was Hit By a Car While Walking, Now What?

Nov 30, 2017 | By Michael Beliz | Read Time: 3 minutes

A pedestrian accident can leave you in critical condition. Since a pedestrian lacks protection from a vehicle, this type of accident can result in a severe injury like fractures to the extremities, a disability, and even death. As an injured pedestrian accident victim, you can seek monetary compensation for your damages if the driver was at fault for the accident. Just like you would do if you had been hit while driving your own car, remain calm and gather as much evidence as you can in the moments following the accident. No matter what, always put your health and safety first. But be aware that a pedestrian accident lawyer may be able to help significantly. If you Need Emergency Medical Care, Call 911 The sheer force of a one-ton vehicle versus a 150-pound person can cause a tremendous amount of serious injuries in the person. Therefore it is not unusual after a pedestrian accident for emergency medical providers to arrive at the scene. If the injuries are severe, you may be taken by ambulance to the local emergency room. However, even if an ambulance was not called to the scene, you still may want to seek medical attention afterward. It is not unusual for pains to your body to come along hours or even days after a collision. Prompt medical care can mean the difference between an easy recovery and a difficult one, or even life and death. File an Accident Report with the Police Call local law enforcement and have an officer sent to the scene. Once he or she arrives, fill out a police report that details your information, what happened, when it happened, and any other relevant details like speeds and distances. This report will be an important piece of evidence to support your claim. Get the Information of the Car Driver Take down the driver’s contact and insurance information. If you file a personal injury claim, you will file it with his or her insurance provider. At this point, also take photographs of the collision scene and your injuries. These, too, will support your claim. If there are witnesses to the accident, take down their contact information as well. If the Driver Did Not Stop, Try to Remember All the Details you Can About It When a car keeps driving after hitting a pedestrian or another vehicle, the victim may be able to file a hit and run claim. If you can locate the driver, you can file a claim with his or her insurance provider. In your police report, note the vehicle’s make, model, color, and license plate number. The more details you can provide, the easier it will be for the officer handling the report to help you locate the driver. Due to the quickness of the collision and your injuries, you may not be able to make out the vehicle’s details. You may still seek compensation for your damages through a hit and run claim with your own uninsured motorist coverage. Work with an Experienced Long Beach Car Accident Lawyer If you were walking on a sidewalk, on a street, or in a crosswalk and hit by a vehicle, contact an experienced car accident lawyer to discuss your options for pursuing monetary compensation for your damages. This compensation could come from a personal injury claim with the driver or a claim using your uninsured motorist coverage. Contact The Beliz Law Firm today to schedule your free case evaluation in our office. Call us at 562-452-3772 to speak with Michael today.

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.

Car Accidents

Dealing with Concussions from Car Accidents

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

A concussion, also called a mild traumatic brain injury (MTBI), is one of the more common injuries you may sustain in a car accident. While some concussions are minor and cause relatively few problems, others can be quite debilitating and may cause long-term issues. Concussions, like any head injury, are serious. A doctor should monitor them closely. Signs of a Head Injury After a Car Accident A concussion is a brain injury that can occur any time you hit your head, or even from whiplash. The symptoms of a concussion may be immediate or could develop up to several weeks after your car accident. Seek medical treatment if you experience any of the following symptoms: Confusion Memory problems Sleepiness Headache Dizziness Blurred or double vision Sensitivity to light and sound Nausea or vomiting Losing consciousness It can be difficult to detect the signs of a concussion in young children because they are not always able to communicate what they are experiencing. See a doctor right away if your child got in a car accident and shows any of the following symptoms: Extreme drowsiness Excessive crying or irritability Slurred speech Strange behavior Vomiting Confusion Vision or balance difficulties Delayed reactions Long-Term Effects of Concussions Most concussion symptoms will dissipate within a few days. However, a serious concussion can hang around for months, continuing to cause headaches, dizziness, and confusion. Some people may suffer long-term physical, cognitive, and emotional changes. Concussions can be particularly dangerous if you have suffered a previous concussion or another head injury. Subsequent concussions are more likely to cause permanent brain damage. Treating and Managing a Concussion There is no cure for a concussion. However, the best medicine for any head injury is rest. Rest is absolutely necessary for your brain to heal, so be careful not to overexert yourself physically or mentally. Reduce lighting and noise in your home while you recover. Although your family and friends may be anxious to visit you after a car accident, keep socializing to a minimum for a few days. A low-stimulus environment is most conducive to MTBI recovery. Acetaminophen may be helpful for lingering concussion headaches but avoid ibuprofen and aspirin. Your doctor may also prescribe other medications for pain and nausea. Do not consume alcohol during your recovery period. As always, follow your doctor’s orders closely and ask before making changes or beginning a new treatment. You will want to avoid activities that involve concentration and problem-solving. For this reason, your doctor may recommend you take time off from work or school. As you recover, you should slowly and gradually increase the amount of “mental work” you are doing. This includes “easy” tasks like reading, texting, and playing games. When you return to work or school, remember to take frequent breaks. Try to find a quiet place to lay your head down and nap if possible. Get in Touch with a Long Beach Personal Injury Attorney If you or a loved faces a head injury after a car accident, contact the Beliz Law Firm in Long Beach, California for a free, no-obligation case evaluation. Call us anytime at (562) 452-3772.

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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