Jun 9, 2017 | By Michael Beliz | Read Time: 2minutes
A sudden death of your loved one is shocking and upsetting. When the death results from someone else’s fault, it is normal to have questions about your legal options. For surviving family members a wrongful death lawsuit may be in order. It is impossible to replace a loved one whose death occurred due to another’s negligence. Before you bring a suit, it is important to meet with a Long Beach wrongful death lawyer. Discuss your case and legal details, including specifics of filing a wrongful death lawsuit. Be aware, however, that only certain family members can do so. Only Certain Parties Can Bring Forth Wrongful Death Actions in California Each state sets its own laws regarding who can bring forth a wrongful death action. In California, only certain family members can file a wrongful death lawsuit. These parties include the decedent’s: Spouse; Children; or Domestic partner. If none of the above parties exist, there are special circumstances. Section 337.60 of California Code of Civil Procedure, allows for any person “who would be entitled to the property of the decedent by intestate succession” to bring forth a claim. In some cases, other parties may bring a claim. This includes stepchildren or parents of the deceased. The parties must prove they were dependent on the decedent. You Must File a Suit within Two Years There is a two-year statute of limitations on filing wrongful death lawsuits in California. This applies to all parties who may be eligible to file. If you wait longer than two years to bring forth your action, you will lose your right to the claim. When a minor child faces injury, the child has until the age of 18 years old plus 2 years to either settle the claim or file a lawsuit for injuries. This is not true for wrongful death cases. A minor child who has standing in a wrongful death claim only has 2 years. There is one exception to the two years. If the wrongful party is a government agency than the time frame is shorten to six months. Are there specific types of compensation surviving family members can recover? A person with standing to sue may recover damages from the responsible party, based upon: ● The value of the deceased’s contribution to the household, financially and otherwise; ● The losses that will result from anticipated financial support; and, ● Emotional losses, including loss of affection, moral support, and guidance. Contact Us Today If a family member has died to the wrongful acts of another and you believe you have the right to file a lawsuit based on the information above, contact The Beliz Law Firm for a free consultation. Our Long Beach wrongful death lawyers are available by phone 24 hours a day.
May 15, 2017 | By Michael Beliz | Read Time: 4minutes
In California, the at-fault party for an auto accident is responsible for damages. The theory is straightforward in concept. However, it often becomes far more complicated in reality. There are many confounding factors that can make car accident liability difficult to calculate and assign. For example, what happens when two or more drivers share blame for the same crash? Here, our Long Beach car accident lawyers will discuss this issue and explain California’s comparative fault rules. California is a Pure Comparative Negligence State The History Prior to 1975, liability for California car accidents was assigned under an ‘all or nothing’ standard of contributory negligence. If a car accident victim was responsible for even a small part of their own crash, they could not pursue recovery. In the case of Li v. Yellow Cab Co., the Supreme Court of California issued the decision that dropped the ‘all or nothing’ standard. The Court replaced the old rules for pure comparative fault rules. Comparative Negligence Explained Negligence is the failure to take due care in the course of action. A driver can be negligent for many different reasons, from speeding to distraction. If a driver’s negligence contributed to a crash, then that driver is at least partially liable for the resulting damages or injuries. This is where comparative negligence rules come into play. California’s comparative negligence standard states that the percentage of fault defines liability. For example, imagine that two drivers collided in an accident on Interstate 405. In total, the crash caused $100,000 of damage. After assessing the case, a Jury finds one driver at-fault for 90 percent of the accident. The second driver is responsible for the remaining 10 percent. In this circumstance, the first driver would be liable for $90,000 worth of damages. The other driver is responsible for the remaining $10,000. Shared Liability Examples Shared fault in an accident is incredibly common. In fact, it could be argued that most accidents involve some degree of proportional responsibility. Here are some examples of accidents that are caused by the fault of two parties: Four-way stop crash Consider a situation in which two drivers arrive at a four-way stop at the same time. One driver intends to pass straight through the intersection; the other is planning on making a left-hand turn. Rather than waiting to see which driver is going to proceed or yielding the right of way, both drivers immediately proceed through the intersection. Another example is a crash in which both drivers actually signal to the other driver to proceed, and in the confusion, both proceed and hit each other. Distracted driving and speeding crash Consider a crash in which a texting driver fails to signal before changing lanes, side-swiping the vehicle to its right. The driver in the side-swiped vehicle suffers serious injuries. Initially, it would appear that the texting driver is wholly to blame. However, a review of the evidence unveils that the side-swiped driver was traveling much too fast at the time of the accident – 15 miles per hour over the speed limit. As such, both drivers may be found comparatively negligent for the damages that resulted from the crash. Pedestrian and distracted driver crash The notion that the pedestrian ‘always has the right of way’ is untrue; drivers often have the right of way (although most drivers will yield if not doing so means hitting a pedestrian). Consider a situation in which a driver is proceeding through an intersection, and takes a moment to look down at an incoming text. At exactly that moment, the pedestrian may not have the right of way steps off the curb, directly into the driver’s path. Even though the driver had the right of way, they breached their duty to others on the road by driving while distracted, meaning both parties could be to blame. Compensation for a Shared Liability Accident Apportionment of liability becomes extremely important in shared fault auto accident claims. If you are assigned even a few extra percentage points of the blame for a wreck, you could lose thousands of dollar of compensation. Do not let this happen to you. You need to protect yourself and your family. Contact an aggressive car accident attorney after a serious car accident. Especially if the other party disputes liability. Your attorney will review the specific facts of your case. Then they’ll determine what to do to protect you from an unjust share of the blame. What if I Disagree with a Fault Determination in a Shared Liability Car Accident? It’s very possible that the insurance adjuster(s) responsible for investigating your case may reach a conclusion about the fault that you do not agree with and therefore offer you a settlement that is reflective of your supposed proportional fault that you do not think is fair. When this is the case, you have the right to reject a settlement offer and renegotiate your compensation award. You also have the right to reject the settlement and file a lawsuit for compensation. However, keep in mind that if your case goes to trial, you will need strong evidence in your favor in order for a court to side with you to overcome the defense’s point of view based on their investigation. Our law firm strongly urges you to hire an experienced car accident settlements lawyer if you have not already done so at the point in the process when you are considering going to trial. Request Your Free Consultation Now The Beliz Law Firm has experience handling California accident claims. This includes complex cases involving shared liability. If another driver injured you in a crash, you deserve help. Our lawyer will do as much as possible to help you understand what has shared liability and to maximize the amount of compensation you receive by proving the fault of the other party to the greatest degree possible. Please call our Long Beach office today at (562) 452-3772. Schedule your free, no-obligation initial case evaluation.
May 8, 2017 | By Michael Beliz | Read Time: 2minutes
Lane Splitting and California Motorycle Accidents Motorcycle accidents remain a serious safety problem in California. The California Highway Patrol (CHP) reports that in 2014, motorcycle accidents injured 11,000 people. All too often, the general public simply assumes that bikers must be at fault for their own accidents. There is an unfair perception that motorcyclists often engage in ‘risky’ or ‘dangerous’ behavior. Yet, often, a lack of knowledge on motorcycle operations leads to that position. For example, ‘lane splitting’, which many drivers assume to be dangerous, is actually a safe and legal road practice. Here, our Long Beach motorcycle accident attorneys discuss lane splitting and its effects on California accidents. When Done Properly, Lane Splitting is Safe Lane splitting is the practice of a riding a motorcycle in between the middle of two lanes of stopped (or slowly moving) traffic. Bikers may engage in lane splitting to save time by quickly bypassing the traffic congestion that is all too common in Southern California. The evidence suggests that lane splitting is actually more safe for motorcyclists than is stopping behind vehicles in slow moving traffic. Indeed, in a study of more than 6,000 crashes, researchers from the Safe Transportation Research & Education Center at the University of California Berkeley found that lane splitting riders were less likely to be rear-ended and less likely to suffer concussions, serious torso injuries or death. Lane Splitting is Legal in California Under California law, lane splitting is legal. Riders must be safe and follow certain guidelines, though. The California Highway Patrol instructs lane splitting bikers to be: Reasonable; Responsible; and Aware of road conditions. As a general rule, lane splitting should only be done at a speed that is under 40 miles per hour, and no more than 10 miles per hour faster than the traffic in the other lanes. Motorcyclists also have other duties when lane splitting, such as avoiding erratic movements. Who is Liable for a Lane Splitting Accident? Since lane splitting is a legal practice that can be done safely, motorcyclists are not inherently liable any resulting accidents. Ultimately, liability for these crashes will always depend on the specific facts of the case. Investigators will need to determine exactly why the accident occurred and which, if any, parties failed to operate their vehicle in a safe manner. Many factors can complicate assigning fault in accidents. As a California is a comparative negligence state, sometimes two or more parties may even share liability for the same crash. To protect yourself from an unfair share of accident liability, you need to get your case into the hands of an experienced motorcycle accident lawyer as soon as possible after a lane splitting accident. Get Legal Help Today At The Beliz Law Firm, we have extensive experience handling motorcycle accident claims. Call our firm today at 562-452-3772 to request a free review of your case. From our primary office in Long Beach, we serve communities throughout the region, including Westminster, Riverside, and San Diego.
Mar 28, 2017 | By Michael Beliz | Read Time: 3minutes
Most car accident claims settle without ever going to court. However, when parties cannot come to a fair settlement, a claimant may file an auto accident lawsuit to get the compensation amount they deserve. When they file suit, depositions will ensue and your personal injury lawyer will be able to interview the defendant. It is also likely that opposing counsel will interview you as well. The following considers what a deposition is, and what some common deposition questions are during an auto accident lawsuit– What Is an Auto Accident Deposition? Depositions are one of the tools that lawyers use during the discovery – or investigative – process of a lawsuit to gain information. Simply put, depositions are oral statements given by parties under oath, and deposing a person is the act of the lawyer asking the person questions. In an official deposition during the car accident lawsuit process, the deposition is recorded, and all persons questioned are required to answer truthfully. Multiple parties, including the plaintiff and the defendant, as well as any medical providers and witnesses, may be deposed. Auto Accident Deposition Questions for the Defendant Your car accident lawyer will be responsible for deposing the defendant, the person against whom you are filing a car accident lawsuit. In addition to several background questions, such as the defendant’s name and address, your attorney will probably ask: Where did you start your travels prior to the collision? Where was your destination if the car crash did not happen? Who else was in the vehicle with you? What were your activities prior to operating your vehicle that day? Had you consume anything alcoholic to drink, or taken any other impairing substances, including prescription drugs within 24 hours prior to the accident? Were you in scope of employment at the time of the car crash? How fast were you going at the time of the accident? Were you talking on a cellphone at the time of the incident? How large was the impact between the two vehicles? Did you see the other vehicle that was involved in the collision prior to the accident? The list of questions goes on and on, and will vary significantly depending upon the details of your crash. Your lawyer’s goal is to secure facts for an admission of fault from the defendant in order to prove negligence and strengthen your case. Auto Accident Deposition Questions for the Plaintiff You will also be deposed during the car accident process. Just like your lawyer will try to secure an admission of liability from the defendant, the legal representation for the defense will try to gain information to lessen their scope for fault and damages for your injuries. For this reason, it is very important that you are careful in what you say, do not provide more information that you are asked, and are prepared for even the most difficult of questions. Some common deposition questions include: Background questions regarding name, birthday, school and work history. Describe the details of your accident. Where were you going? Did you make any stops? What did you see before the accident happened? What were you doing at the time of the crash? How fast were you going? Did you see the other vehicle involved in the accident prior to the collision? Were you wearing a seatbelt at the time of collision? Did you call the police after the accident? When did you seek medical care after your accident? How much time had elapsed after the accident did you see a medical provider? Whom did you see for your injuries? How long did you see your doctors? What did the doctors do for your injuries? What are your bills? Describe the details of your injuries. Did you lose any time off of work? How much? Are you fully healed? What limitations are you now experiencing? What can you not do currently that you were able to do before the collision? Additional Depositions In addition to deposing the defendant, and being deposed yourself by the defendant’s lawyer, you should also consider deposing key witnesses and experts. Witnesses may be key to prove the defendant is at fault for the car crash and to strengthen your pain and suffering claim. Experts can make opinions on how your body moved due to the impact of the crash and future medical needs. Luckily, when you work with the experienced auto accident lawyers at the Beliz Law Firm, we will handle all aspects of the deposition for you, and help you to prepare for the defense’s questions. Contact us today for your free consultation and information.
Mar 20, 2017 | By Michael Beliz | Read Time: 3minutes
Before you hire an attorney to represent you for your auto accident claim, you should schedule a free consultation. Nearly all auto accident lawyers offer cost-free consultations, in which you can ask the attorney any questions that you may have about the claim process, as well as his or her experience in car accident law. It is important that you enter your free consultation prepared. Here are a few things that you should expect during your initial meeting– Expect to Talk About the Details of Your Crash and Your Injuries It can be emotional to talk about the details of your crash, your medical treatment, and any injuries from which you are still suffering. However, during a free consultation with a car accident lawyer, talking about the details is critical. You should be prepared to not only talk about the specifics of the collision and your injuries but also to provide documents or evidence related to your case like a traffic collision report, your auto insurance declaration page, medical records and photos of the property damage to your vehicle. Remember, the details of your consultation are completely confidential, and you should feel comfortable relaying facts in your consultation. Expect to Ask Questions Our attorney will provide you with time to ask any questions that you may have. It is important that you ask questions relevant to your case. In addition, you want to get information about the attorney because you want to work with someone who is experienced and successful in his or her profession. Some questions to ask include: How many years have you been practicing car accident law? What percentage of your work is in personal injury law? In auto accident law? What is your educational background? Are you a member of The State Bar of California? How do you charge your clients? How much will I owe you? Do I have to pay for the costs of my case? You should also ask questions that are specific to your case, such as: What are the steps in the claim process? How long will my case take to settle? What is my auto accident claim worth? Can you refer me to medical providers for my injuries? Can you help me resolve the property damage to my car? Why is hiring an attorney in my best interest? Expect to Wait a Few Days Before Making a Decision At the conclusion of your auto accident lawyer free consultation, you are under no obligation to hire the attorney right then, or even at all. In fact, you should take a couple of days to think about what you want to do next, understanding that pursuing a claim is a big commitment. In many cases, the attorney may also want to review the details of your claim before he or she agrees to take it on. If for some reason the attorney is unable to handle your claim, he or she may be able to refer you to another, experienced legal professional. Schedule Your California Auto Accident Lawyer Free Consultation Today At the Beliz Law Firm, our Long Beach auto accident attorneys know that when you are injured in a car crash, you want answers. We provide confidential, free consultations to those in Long Beach, Westminster, and the rest of California.We give you an opportunity to get some of the information you need. If you are ready to learn more, please contact us today. We provide after-hours and weekend consultations and are available to take your call 24 hours a day. Reach us now online or at 562-452-3772.
Feb 14, 2014 | By Michael Beliz | Read Time: < 1minute
The winner of The Beliz Law Firm Scholarship 2014 is Jacob Laureanti. On behalf of The Beliz Law Firm, we want to congratulate Jacob for his video essay regarding the effects of drunk driving. We also want to say thank you to everyone who submitted videos for the scholarship. Check out Jacob’s scholarship winning video below:
