Legal Blog

What Is the Average Payout for a Left Turn Accident?

Jan 19, 2025 | By Michael Beliz | Read Time: 4 minutes

Left-turn accidents are among the most common and contentious types of car crashes. These collisions typically occur at intersections, where drivers making left turns fail to yield or misjudge oncoming traffic. If you were involved in a left turn accident, it’s understandable to have questions about determining fault, filing a claim, and the potential settlement amount. While every case is unique, understanding the factors influencing a left turn accident payout helps you navigate the process. Who Is at Fault in a Left Turn Accident? The left-turn driver is typically at fault in left-turn accidents. Under California traffic laws, left-turning drivers must yield to oncoming traffic unless they have a green arrow or another clear signal indicating it is safe to proceed. However, there are exceptions to this general rule: Proving fault is critical in left-turn accident cases. Evidence such as traffic camera footage, witness statements, and police reports strengthen your claim. Insurance companies often scrutinize left-turn accidents closely, making it essential to have clear and convincing evidence of fault. How Is a Left Turn Accident Settlement Determined? A left turn accident settlement depends on several factors, including the severity of injuries, the extent of property damage, and the clarity of fault. The following influence settlement amounts: Insurance policies and coverage limits also influence payouts. Understanding these factors is key to accurately assessing the value of your claim. How to Win a Left Turn Accident Claim Winning a left-turn accident claim requires a proactive approach. Some key steps to maximize your chances include: By following these steps, you’ll be better positioned to secure a fair settlement for your damages. An organized and thorough approach makes a significant difference in the outcome of your case. Why Are Left-Hand Turn Accidents Complicated? Left-hand turn accidents often involve disputed liability, making them more complex than other collisions. Some reasons these cases can be challenging include: These complexities highlight the importance of legal representation in navigating the nuances of your claim. Left-turn accidents often involve multiple parties, including insurance companies and legal representatives, making professional guidance essential. The Role of a Left Turn Accident Lawyer A left-turn accident payout lawyer is instrumental in securing the compensation you deserve. They can help by: The Beliz Law Firm has extensive experience handling left-turn accident claims, helping clients recover substantial settlements for injuries and losses. With a proven track record, we are ready to advocate on your behalf and guide you through every step. Contact Us Left-turn accidents lead to significant injuries and financial losses, but understanding fault and the factors influencing payouts helps you navigate the claims process. The aftermath of a left turn accident is overwhelming, but you don’t have to face it alone. If you’ve been injured in a left turn accident, hiring a skilled lawyer is one of the most effective ways to secure the compensation you deserve. Contact The Beliz Law Firm today for a free consultation, and let us guide you. With the proper support, you can focus on recovery while we handle the complexities of your case.

Car Accidents

Who Pays for Medical Bills After a Car Accident in California?

Jan 7, 2025 | By Michael Beliz | Read Time: 4 minutes

Dealing with the aftermath of a car accident is challenging, especially when faced with mounting healthcare costs. After seeking treatment for injuries, many accident victims wonder who covers medical bills in a car accident. Understanding how these expenses are handled in California is critical to protecting your financial future and ensuring you receive the care you need. At Beliz Law Firm, we know how overwhelming this situation can feel. Our Long Beach personal injury attorneys provide personalized attention to every client, working to simplify the legal process and maximize case value. Below, we’ll explain who covers medical bills in a car accident, the role of insurance, and the steps you can take to protect your rights. How Medical Bills Are Paid After a Car Accident in California Medical bills from a car accident can be covered in various ways, depending on the circumstances of your case. Here are the primary methods: At-Fault Driver’s Insurance California is an at-fault state, which means that the driver found responsible for causing the accident is also responsible for covering the resulting damages, including medical bills. This means you would typically file a claim with the at-fault driver’s insurance company to seek compensation for your medical expenses. Their insurance may cover medical bills up to the policy limit. The at-fault driver’s insurance may not pay until liability is determined and the claim is resolved, which can take time. In the meantime, you may have to look to your own insurance. Your Health Insurance If the at-fault driver’s insurance is insufficient or delayed, you can use your health insurance to pay your medical expenses. However, your insurer may seek reimbursement from any settlement you receive. Med Pay Coverage Medical Payments Coverage (Med Pay) is optional in California but can help pay immediate medical expenses regardless of fault. This coverage typically applies to you and your passengers. Uninsured/Underinsured Motorist Coverage (UM/UIM) If the at-fault driver lacks adequate insurance, you can look to UM/UIM coverage from your policy to cover your medical bills and other damages. Combining these options allows you to address your medical expenses while working toward a full financial recovery. What to Do If You Have Medical Bills After a Car Accident Navigating medical bills after a car accident can be stressful, but taking the following steps can help protect your rights and maximize your compensation. Seek Immediate Medical Attention Prompt medical care ensures that your injuries are treated and documented, which is critical for your claim. Even if you feel fine initially, some injuries may take days or weeks to manifest, and delaying treatment could harm the viability of your case. Notify Your Insurance Company Report the accident to your insurer, but avoid giving detailed statements without legal advice. Insurance companies may use your statements to minimize or deny your claim, so providing only basic facts is essential until you’ve consulted an attorney. Keep Detailed Records Save medical bills, receipts, and any correspondence with insurance companies. These documents serve as evidence to support your claim and help ensure that you recover all eligible expenses related to your injuries. Consult a Personal Injury Attorney Legal guidance can help you determine the best strategy for recovering compensation. An experienced attorney can negotiate with insurers, protect you from lowball offers, and handle complex legal procedures on your behalf. At The Beliz Law Firm, we provide free consultations to help you understand your options and take the stress out of the claims process. Let us handle the legal challenges so you can focus on your recovery. Importance of Keeping Detailed Records Maintaining detailed records is essential to recover compensation for your medical bills after a car accident. These documents provide crucial evidence when filing an insurance claim or pursuing a lawsuit: Keeping these records organized and accessible can streamline the claims process and support your case in negotiations or litigation. Understanding California’s Pure Comparative Negligence Rule In California, the pure comparative negligence rule determines how fault impacts compensation. This rule allows injured parties to recover damages even if they are partially at fault for the accident. However, their compensation is reduced by the percentage of fault assigned to them. For example, if you are 30% responsible for the accident, you would receive 70% of your total damages. Impact on Medical Bills If your claim involves shared fault, the at-fault driver’s insurance will only cover a portion of your medical bills corresponding to their percentage of responsibility. You may need to use Med Pay, health insurance, or UM/UIM coverage to address the remaining costs. Why Legal Representation Is Critical Insurance companies often use comparative negligence to reduce their payouts. Having an experienced attorney ensures that your rights are protected and you maximize your compensation. At The Beliz Law Firm, we are skilled at countering these tactics and advocating for our clients under California’s comparative negligence rule. California Car Accident Attorneys Facing medical bills after a car accident can be overwhelming, especially when you’re trying to recover from your injuries. At The Beliz Law Firm, we understand the financial and emotional toll these situations can take. Our team is dedicated to providing personalized attention and skilled legal representation, ensuring your rights are protected, and your medical expenses are addressed. With our “Small Firm Attention, Big Firm Results” approach, you can trust that your case is in capable hands. If you are unsure who pays for medical bills after a car accident, we can help; you don’t have to navigate the process alone. Contact The Beliz Law Firm today for a free consultation to discuss your options. Let us fight for the compensation you deserve while you focus on healing and moving forward.

Wrongful Death

Settling a Wrongful Death Claim in California

Jan 7, 2025 | By Michael Beliz | Read Time: 4 minutes

Losing a loved one due to someone else’s negligence is one of the most difficult experiences a family can face. During this overwhelming time, navigating the legal process of filing a wrongful death claim can feel like an additional burden. At The Beliz Law Firm, we understand the emotional and financial challenges that arise after such a loss. Our firm is committed to providing personalized, one-on-one legal attention, ensuring you’re not just another case number. We aim to help families throughout California secure fair compensation while treating them with the respect and compassion they deserve. This article will guide you through what to expect when settling a wrongful death claim, including timelines, settlement negotiations, and key steps in the process. How Long Does It Take to Settle a Wrongful Death Claim? The time it takes to settle a wrongful death lawsuit can vary significantly depending on the specifics of the case. While some claims might settle in months, others could take longer—potentially years if the case involves complicated legal issues or contested facts. Here are some key elements that influence the length of the settlement process. Complexity of the Case The complexity of the wrongful death case is one of the most significant factors affecting how long it takes to settle. Cases involving several negligent parties (e.g., a car accident involving multiple vehicles) can require additional time to investigate and sort out liability. Additionally, disputes over who is at fault or whether negligence occurred can delay the settlement process. Insurance Negotiations Insurance companies often aim to settle claims quickly, but they may try to minimize the amount they pay out. The negotiation process can take time, especially if the insurer offers an initial low settlement amount. Your attorney may need to negotiate back and forth to secure a fair compensation package for medical expenses, lost wages, funeral costs, and emotional distress. If the insurer refuses to make a fair offer, the case may need to proceed to trial, which adds more time. Gathering Evidence and Investigation To build a strong case, your attorney must gather evidence, conduct investigations, and interview witnesses. This process could include obtaining police reports, medical records, and expert testimony. The more complicated the case or the longer it takes to gather all relevant information, the longer the settlement process will take. In some cases, your lawyer may also need to wait for the completion of any coroner or autopsy reports, which can take additional time. Legal Proceedings and Court Filings If your attorney cannot reach a fair settlement after extensive negotiations, the case may go to trial. Litigation can significantly extend the timeline for settling a wrongful death claim. The court system in California is often backlogged, meaning trial dates can be delayed or set far into the future. The wrongful death lawsuit process is fraught with time spent on pretrial motions, depositions, and discovery processes that add to the overall duration. Additionally, appeals are always possible after the trial finally occurs. In California, families typically have two years from the date of the loved one’s death to file a wrongful death lawsuit. This deadline, known as the statute of limitations, is important to remember when considering legal action. Wrongful Death Lawsuit Process The settlement process for a wrongful death claim involves several key steps. Investigation and Evidence Collection Your attorney will investigate the circumstances of the death, collect evidence, and identify the responsible parties. This may involve reviewing police reports, medical records, and witness statements. Filing the Claim Once your attorney gathers evidence, they can file the wrongful death claim. This notifies the at-fault party and their insurance company of the intent to pursue compensation. Negotiating a Settlement Wrongful death claim settlement negotiations can take place throughout your case, and most wrongful death claims are resolved in an agreement. During this phase, attorneys present evidence of the damages, including financial losses, medical expenses, funeral costs, and emotional distress. Reaching a Settlement Agreement If the parties agree on compensation, the claim concludes with a wrongful death settlement agreement. If negotiations are unsuccessful, the case may proceed to trial. What Factors Affect the Settlement Amount? Settlement amounts vary based on several factors, including: Remember, strong evidence of fault can lead to higher settlement offers, while disputed liability may reduce the potential payout. How Long Does a Wrongful Death Lawsuit Take to Settle? Every case is unique, and navigating a wrongful death claim without legal representation can be challenging and delay your settlement. Insurance companies often attempt to settle quickly and for less than the claim’s true value. Having an attorney to advocate on your behalf can make a significant difference in the outcome of your case. At The Beliz Law Firm, we focus on securing fair compensation for our clients while providing the one-on-one attention they deserve. With extensive experience handling wrongful death claims, we are here to guide you through the process every step of the way. Wrongful Death Claim Settlement Negotiations Attorney At The Beliz Law Firm, we provide families with compassionate legal support during one of the most challenging times in their lives. With a focus on delivering small firm attention and big firm results, we work tirelessly to guide clients through every step of the wrongful death claim process. Whether negotiating with insurance companies or preparing for trial, we are committed to using our experience and expertise to pursue the justice and compensation your family needs and deserves. Are you still wondering, How long does it take to settle wrongful death claims? If you have questions about how long it takes to settle a wrongful death suit or need guidance on the lawsuit process in California, we are here to help. Contact us today for a free consultation, and let us stand by your side as you seek answers and closure.

Pedestrian Accidents

I Was Hit by a Car in the Crosswalk. Now What?

Dec 16, 2024 | By Michael Beliz | Read Time: 4 minutes

I Was Hit by a Car in the Crosswalk in California – What Are My Legal Options? Being hit by a car while legally crossing the street in a crosswalk is a traumatic experience that can lead to serious injuries and significant financial burdens. California law requires drivers to yield to pedestrians in crosswalks, yet accidents still occur when drivers are distracted, reckless, or fail to obey traffic laws. If you’ve been hit by a car in a crosswalk, it’s essential to understand your legal rights and the steps you can take to protect your claim. The experienced pedestrian accident lawyers at The Beliz Law Firm are here to help you seek compensation and hold negligent drivers accountable. Contact us today for a free consultation to discuss your case. What Should You Do Following a Pedestrian-Car Accident Immediately following an accident, the steps you take are essential and can impact your injury claim for compensation. Try to remain calm, so you remember everything you need to do. Contact the Police Start by contacting the police if no one else already has. It’s important to let the 911 dispatcher know a driver struck you as a pedestrian in the crosswalk. You want medical personnel to respond and assess your injuries. Be very cautious about what you say at the scene of the accident. The driver might take something you say out of context, and the insurance adjuster might use these statements against you in a liability investigation. Exchange Contact Information Hopefully, the driver of the vehicle did not flee the scene. You will need to exchange contact information and get their insurance information. Did anyone else witness the accident? If so, you will need to obtain contact information for each witness. Don’t assume that the witnesses will still be there when the police arrive. Someone may not be able to wait, so get their information before they have a chance to drive away. Take Photos If you are physically able, you can also try to take photos of the accident scene. Include pictures of the driver’s vehicle and any debris on the ground. Are there skid marks before the crosswalk? Is it raining? Be sure to capture this information as well. If you can get photos of your injuries, that’s also helpful evidence. Seek Medical Treatment If you do not require transport to the emergency room following the accident, be sure to visit a doctor as soon as possible. Insurance adjusters will use any delay in treatment to their advantage. They could allege you were not seriously injured or that another event after the accident caused your pain. Contact an Attorney Pursuing a pedestrian accident claim is complicated, and you will need an advocate on your side who can help you navigate the legal challenges. Anything you say to the insurance company can be used against you, so it’s best to get an attorney right away. Let them talk to the insurance adjuster for you so you don’t accidentally say something you regret later. 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. Determining Liability in a Pedestrian Accident The driver’s insurance company will be looking for any option possible to place some liability onto you—thereby lessening their exposure. California follows the legal theory of negligence known as pure comparative negligence. With pure comparative negligence, you could be partially responsible for the accident and still collect compensation for your injuries. However, your percentage of liability would reduce your overall award or settlement. For instance, if a court found you to be 20% at fault and your total damages were $100,000, you would likely end up getting $80,000 in compensation. Who Pays for Your Injuries? Determining who pays for your injuries and damages depends on who is legally responsible. Potentially liable defendants include: The driver might allege a vehicle defect contributed to the accident, such as brake failure. If there is a verifiable defect, an additional defendant could be an auto manufacturer or mechanic. Hire Our Lawyer Working with an attorney after a pedestrian accident is crucial. It is best to have a legal advocate on your side who will protect your rights after being hit by a car in the crosswalk. Your lawyer will help you determine all liable parties and handle communication and settlement negotiations with the defendants and their legal representatives. Getting the maximum compensation for your injuries requires strong evidence and an understanding of insurance company tactics aimed at lowering your recovery. At the Beliz Law Firm, we know every trick the insurance companies will try to use to avoid paying you the money you deserve—and we know how to hold their feet to the fire until they make a reasonable offer. Don’t risk getting less money than you should receive. Contact the Beliz Law Firm today to schedule an initial consultation. Let us help you hold the liable parties responsible for the harm they caused you.

Truck Accidents

What Should I Do If I Was Hit By a Company Vehicle?

Dec 4, 2024 | By Michael Beliz | Read Time: 6 minutes

Pursuing a personal injury claim for compensation following a car accident can be complicated, especially one involving a company vehicle. If you were hit by a company vehicle, contact an attorney right away to receive legal advice. A company vehicle is any vehicle owned by a business and driven by an employee or other “agent” of the business. The vehicle could transport equipment or goods or be an employee’s assigned company car. Understandably, prospective clients come to us to find out, “What should I do if I was hit by a company vehicle?” If you suffered injuries due to another driver’s negligence, don’t hesitate to contact the Beliz Law Firm. We can help you determine the best course of legal action when a negligent driver in a company vehicle causes an accident. Injured by a Company Vehicle? Understand Your Rights and Maximize Your Claim – Reach Out to Beliz Law Firm for a Free Consultation! What To Do Immediately Following an Accident with a Company Car The steps you take immediately following an accident can impact your injury claim later. Here are some helpful things to remember following an accident with a company-owned vehicle in California. Contact the Police It’s crucial to contact the police following an accident with injuries, especially when a company vehicle is involved. In a traffic collision report, it usually states the driver’s name and the owner’s name. An officer may determine that the vehicle being driven was a company vehicle. In addition, the report will state the insurance information like company and policy number. This insurance information may also lead to the finding of the vehicle and/or the insurance being with a company. Exchange Contact Information Be sure to exchange all information with the other driver. Exchanging information will get you details on insurance and the owner of the vehicle. The insurance information will lead to the value of the policy limits. If the other driver was in the course and scope of employment and driving under their employer’s insurance plan, the policy limits may be higher. Most company insurance is higher than the average personal auto insurance limits. Further, remember to gather information on independent witnesses. Witnesses are essential in these collisions because the insurance adjuster will strongly argue that the company representative was not at fault. Take Scene Photos If you can do so safely and not further injure yourself, take photos of the damage and surrounding scene. You don’t need a professional camera; cell phone images are fine. Try to get pictures of all vehicle damage, debris on the ground, skid marks, or any element of the scene that might be important to your claim. Most importantly take photos of the other vehicles. There may be a decal that shows it was a company vehicle. Don’t forget other factors like weather conditions, road hazards, a broken or blocked traffic sign, or any other relevant detail. Seek Medical Treatment Right Away If you do not require emergency medical transport from the scene, you still need to seek medical treatment right away. Even if you do not think you are severely injured, it’s crucial to get checked out. You could have internal injuries or soft tissue injuries that are not visible. If you delay treatment, the defendant’s representatives will likely use that fact to say that you weren’t that injured. Or they might suggest that another intervening event—that happened after the crash but before seeking treatment—caused your injuries. Contact an Attorney The other driver’s insurance will try to dissuade you, but it’s best to hire a lawyer right away. The sooner you have legal representation, the more your rights are protected. Having a legal advocate from the start will allow your attorney to do your talking for you, thereby keeping you from saying something that could harm your case. Examples of Accidents Involving Company Vehicles in California 1. Delivery Driver Runs a Red LightA delivery driver for a major shipping company runs a red light while making a scheduled delivery, striking your vehicle. If the driver was on duty, the employer is likely liable under vicarious liability. 2. Rideshare Vehicle Causes an AccidentA rideshare driver carrying passengers rear-ends you while working. The rideshare company’s commercial insurance policy may apply if the driver was actively engaged in transporting or picking up a passenger. 3. Company Car Used for Work ErrandsAn employee driving a company car to a client meeting sideswipes your vehicle. Since the driver was performing work duties, their employer’s insurance is typically responsible for damages. 4. Commercial Vehicle Overloaded with CargoA commercial truck overloaded with cargo causes a crash because the weight made the vehicle harder to control. Both the trucking company and the driver may be held liable for negligence. 5. Personal Use During Work HoursAn employee runs a personal errand in a company car during work hours and causes an accident. In this case, liability may depend on whether the errand was a minor deviation from work duties or a complete departure. Determining Liability if a Company Car Hits You in California California follows the rule of pure comparative negligence. This means that you can still collect compensation if you share fault for the accident. However, your award or settlement will be reduced by your percentage of fault. So someone who is 20% liable would not receive more than 80% of their total damages. Claims involving company vehicles differ from other common accidents in several ways. Company vehicles can be commercial vehicles, but it doesn’t only mean 18-wheeler trucks. It could be a delivery van, shuttle, courier, etc. The driver could also drive a company car because they do outside sales, conduct inspections, attend meetings, and more. If the other driver was acting within the course and scope of their employment at the time of the crash, the company would likely be responsible for the driver’s actions. Company vehicles typically have commercial insurance policies with higher limits than a personal auto insurance policy. That could be important if you sustained severe...

Car Accidents

What’s the Average Settlement for a Pedestrian Hit by a Car?

Nov 19, 2024 | By Michael Beliz | Read Time: 4 minutes

Being hit by a car as a pedestrian can be life-changing. Suddenly, you’re faced with medical bills, physical pain, and, most likely, time away from work. You might wonder, What is the average settlement for a pedestrian hit by a car? Unfortunately, the answer isn’t always straightforward. Factors like the extent of your injuries, the driver’s insurance, and the nuances of California’s laws affect your potential settlement. Understanding how these settlements work can help you make the best choices during this challenging time. If you’re in California and considering filing a claim, contact The Beliz Law Firm for guidance. We can help answer your questions, explain your rights, and work to get you the compensation you deserve. Step 1: Understand What Goes into Pedestrian Accident Settlements When looking at the average settlement for a pedestrian hit by a car, it’s important to know what factors determine the final payout. Pedestrian accident settlements can vary widely depending on certain details, including: These factors will all affect your settlement amount. In your situation, it’s natural to wonder, “I was hit by a car; how much money will I get?” While it’s natural to look for a number, you should keep in mind that every case is unique. Even cases that look similar on paper can end in different outcomes due to small but important details. An attorney can help by carefully examining these details and presenting them in a way that strengthens your claim, ensuring that no factor is overlooked when negotiating your settlement. Step 2: Research Average Payouts for Pedestrian Accidents in California The average payout for pedestrian hit-by-car cases in California can vary significantly. As mentioned, much of this depends on the unique details of your case. Settlements for minor injuries, such as sprains or bruises, tend to be on the lower end, while more significant injuries, like fractures, usually result in higher payouts. For severe injuries, such as brain trauma or permanent disabilities, settlements can reach much higher amounts, sometimes covering substantial medical expenses and long-term needs. Your pedestrian hit-by-car settlement amount largely depends on the evidence you provide to demonstrate the accident’s impact on your life. Gathering documentation, like medical records, pay stubs, and photos of your injuries, can make a meaningful difference in negotiating a fair settlement. Step 3: Take Steps to Start Your Claim If you’re considering seeking damages, follow these steps to make the process of starting your claim easier: The Beliz Law Firm can be your guide during this process. We understand the complexities of pedestrian accident cases and will work hard to make sure you get fair compensation. Don’t face this process alone—reach out to a firm that knows how to handle arguing for compensation for a pedestrian hit by a car. Considerations Affecting the Settlement of Pedestrian Accidents Several specific parameters can impact your settlement amount. Here are some that play a significant role in pedestrian settlements: California’s Comparative Fault Law California follows a comparative fault rule. This means that if you, as the pedestrian, share any fault for the accident, it may lower your settlement. For instance, if you were jaywalking, the other party might argue that you are partly responsible. However, as long as the driver is found to have some share of fault, you can recover some damages. The Driver’s Insurance Limits The driver’s insurance coverage can also impact your settlement. California drivers must have liability insurance, but limits can vary. If the driver has minimum coverage, there may not be enough to cover your expenses. In such cases, underinsured motorist coverage or other options might help bridge the gap. Pain and Suffering Damages Aside from covering direct costs like medical bills, settlements also include pain and suffering compensation. Pain and suffering damages include physical discomfort and emotional distress caused by the accident. These damages can be more difficult to calculate, which is why we recommend using a journal. Sometimes, pain and suffering makes up a significant part of the settlement. Let The Beliz Law Firm Guide You to the Best Outcome The settlement process can feel overwhelming on your own. The Beliz Law Firm, founded by Michael A. Beliz, has a track record of helping injured clients across Southern California get the settlements they deserve. With years of experience in personal injury law and millions recovered for clients, Michael Beliz understands how to navigate complex cases, from car accidents to pedestrian injuries. Each pedestrian accident is unique, and having a professional evaluate your situation can give you a clearer picture of what compensation you might expect. With The Beliz Law Firm, you’ll have an advocate who understands the nuances of calculating an average payout for a pedestrian hit by car cases and can help you make the strongest case possible. Call The Beliz Law Firm today or contact us online to set up a free consultation and learn more about your rights as a pedestrian hit by a car in California.

Car Accidents

Can I Get Compensation for my Whiplash Injury?

Nov 18, 2024 | By Michael Beliz | Read Time: 4 minutes

Being involved in a car accident can turn your life upside down, especially if you’re dealing with a whiplash injury. This type of neck injury often leads to intense pain, headaches, and difficulty with daily tasks. You might wonder, Can you sue for whiplash in a car accident? In short, whiplash injuries can have lasting effects, and you have the right to explore compensation in a whiplash settlement. Although trying to understand your options can feel complicated—that’s where we come in. At The Beliz Law Firm, we represent clients in all aspects of personal injury law, focusing on car and motorcycle accidents. Call us today or contact us online to discuss your claim. In this blog, we’ll walk you through what you need to know about filing a car accident whiplash claim, calculating whiplash payout amounts, and understanding how much whiplash claims can typically cover. From the basics to the next steps, we have you covered. Understanding Whiplash and Your Right to a Claim After a car accident, it’s important to understand what qualifies as a whiplash injury and how it can impact your life. Whiplash usually happens when your head jerks suddenly, straining the muscles and ligaments in your neck. This injury may cause pain, stiffness, headaches, and even dizziness or blurred vision. You may need medical attention, physical therapy, or time off work to recover. Additionally, whiplash isn’t just about a temporary discomfort; it can lead to chronic pain if left untreated. If you experience these symptoms after an accident, filing a car accident whiplash claim can help you receive compensation for your injury and related expenses. California law allows you to pursue damages for whiplash pain and suffering, lost wages, and medical bills if someone else’s negligence caused the accident. By filing a claim, you could ease the financial burden of your injury and focus on recovery. Whiplash Pain and Suffering Pain and suffering compensation in whiplash claims goes beyond covering medical expenses; it seeks to address the physical and emotional toll of your injury. Unlike straightforward costs like medical bills, pain and suffering damages are more subjective, compensating you for the impact of your injuries on your daily life, such as limiting activities or affecting your mental well-being. To estimate these damages, insurers or courts often consider: Working with an attorney can help you calculate a fair amount for your pain and suffering, ensuring you don’t settle for less than your claim is worth. Filing a Car Accident Whiplash Claim in California Filing a claim for your whiplash injury involves several key steps: By taking these steps, you can feel confident that your whiplash claim is in capable hands, allowing you to focus on your recovery. How Much for Whiplash Claims? You may be curious how much you could get in a whiplash settlement after a car accident. These types of settlements vary widely, with milder cases ranging from a few thousand dollars to tens of thousands. More severe cases may settle for six figures or even more if they lead to long-term issues. Settlements are often higher if you have a lasting injury, high medical bills, or significant lost wages. An attorney can help you evaluate your specific situation to determine a fair amount. Remember, every whiplash claim is unique, and an experienced attorney will help you understand what’s realistic for your case. How Much Does Insurance Pay for Whiplash? One common question people ask is, How much does insurance pay for whiplash? Similar to the discussion above, because every case is unique, insurance settlements for whiplash can vary widely. Often, insurance companies try to lowball the amount they offer, aiming to settle the case quickly and for less than the injury may be worth. This can be frustrating when you’re dealing with medical bills, lost income, and the pain of your injury. Working with an attorney can help you get the whiplash payout you deserve by negotiating with the insurance company and ensuring they consider the full impact of your injury. A lawyer can advocate on your behalf, pushing for a fair and comprehensive whiplash settlement that reflects your needs and hardships. Can You Sue for Whiplash in a Car Accident? In California, you can sue for whiplash after a car accident, even if whiplash is your only injury and your vehicle has minimal damage. California follows a “fault” system, allowing you to seek compensation if another driver’s negligence caused your injury. However, the insurance company might challenge the claim, arguing that minimal car damage means minimal injury. Even if you were partially at fault, California’s “pure comparative negligence” rule allows you to recover damages, though any settlement will be reduced by your percentage of fault. This can still cover your medical bills, lost wages, and pain and suffering. When you sue for whiplash, your attorney will help prove that the other driver’s actions led to your injury and fight for fair compensation, even with minor vehicle damage or no other major injuries. Fight for a Whiplash Payout with The Beliz Law Firm The experienced team at The Beliz Law Firm understands the challenges of recovering from an accident while managing insurance claims and legal companies. Led by Michael A. Beliz, Esq., who has successfully recovered millions for clients across Southern California, we’re committed to excellent client service and proven results. Whether you’re facing low settlement offers or dealing with difficult insurance adjusters, our team will fight for the compensation you deserve, from whiplash claims to other personal injury matters. Call or reach out online today to learn how we can support your recovery and fight for the compensation you deserve.

Slip and Falls

What is the Average Settlement from a Slip and Fall Case in Long Beach?

Oct 17, 2024 | By Michael Beliz | Read Time: 4 minutes

A slip-and-fall accident can leave you with severe life-altering injuries. The ramifications may leave you unable to work and participate in daily activities, forcing you to consider legal action. Often, accident victims ask us, What is the average settlement for a slip and fall case? While it is not the answer most people want to hear, the average slip-and-fall settlement in California can vary significantly depending on your case’s specific facts and circumstances. If you are wondering how much a slip and fall claim pays, we advise meeting with a slip and fall attorney to assess your case thoroughly. What Is the Average Settlement for a Slip and Fall? It is difficult and even inappropriate to confidently say the average slip-and-fall lawsuit payout for several reasons, mainly because most settlements are confidential and not publicly disclosed. No database or central location exists for reporting and tracking slip-and-fall injury settlement amounts. In other words, it is simply impossible to know what other people have settled their cases for. It is also difficult to formulate an average slip-and-fall settlement in California because each scenario is unique. While there is no formula or calculation for determining the average settlement, several factors will be considered. Severity of Injuries As you might imagine, one of the most prominent factors to consider in your slip and fall lawsuit payout is the severity of your injuries. Think about it: if you only suffer superficial minor injuries and are expected to make a quick recovery, your settlement is likely to be much less than someone who suffered severe, permanent injuries. The more severe and permanent the injuries are, the more medical care you are likely to need, increasing your settlement amount. For instance, if you break your wrist in a slip and fall but expect to make a full recovery without necessitating surgery, your damages are going to be less than someone who requires multiple back surgeries with a bleak expectation of a full recovery. Financial Loss Any potential settlement will also consider a slip and fall victim’s financial loss. There are many types of economic loss, but one of the most significant is lost wages and the loss of future earnings. If your injury causes you to miss work or makes you unable to return, you may be entitled to that compensation. Lost wages are intended to compensate you for any lost pay from the time of the accident until the settlement. Lost future earnings are designed to compensate you for any anticipated lost wages over your lifetime. For instance, if your injury is so severe that you will not be able to work for the remainder of your life, you will seek substantial compensation for that anticipated financial loss. You can also seek damages for diminished earnings if you are forced to take a job that pays less than what you previously earned. Other financial losses can include home or vehicle modifications and hiring outside help to assist you with household chores. Applicable Insurance Policy Maximums The defendant’s insurance policy will also play a significant role in the amount of your settlement. You may have a severe injury with exponential damages, but your settlement may not be much if the defendant has little to no insurance. Generally, a plaintiff is bound by the insurance policy limits available and can only collect up to the maximum policy limits. California Law Of course, any slip-and-fall case and potential settlement must be consistent with the applicable California law. California is a comparative negligence state, which means an accident victim can still recover damages even if they are partially at fault. Specifically, a plaintiff can still recover damages even if they are up to 99% responsible for their injury. The amount of fault will just reduce any settlement. Joint and Several Liability Slip and fall cases can be more complicated than you might think. Often, several parties may be liable for damages. Slip and fall accidents are considered premises liability claims. Property owners, business owners, managers, or outside vendors can be partially to blame for the dangerous conditions. Identifying all potentially responsible parties can be challenging to do on your own. It can take a thorough investigation to determine fault. A knowledgeable and resourceful personal injury attorney can assist you with identifying possible defendants. Other Factors Considered in a Slip and Fall Payout In addition to these five prominent factors, others will be considered in a slip-and-fall case. Whether the case settles or goes before a jury, additional factors to calculate your settlement include: Remember, each case is different, and each plaintiff is unique. There may be factors relevant to you that will not be relevant to someone else, even if the slip and fall are similar. The best way to determine the settlement you can expect is to consult a seasoned slip-and-fall lawyer for a case evaluation. Most slip-and-fall claims will settle outside of court, but we are ready to litigate your case before a jury if necessary. Get the Most Out of Your Slip and Fall Settlement in Long Beach, CA At The Beliz Law Firm, we are a small firm offering personalized attention to each case while still achieving large firm results. You may be entitled to compensation if someone’s negligence caused your slip and fall. At The Beliz Law Firm, we are always available to speak with you about your slip and fall claim and how we can help. Contact us today for a free case review.

Personal Injury

Loss of Consortium in California: What to Know

Aug 14, 2024 | By Michael Beliz | Read Time: 4 minutes

A loss of consortium claim in California compensates a spouse for the loss of love, companionship, intimacy, and emotional support due to their partner’s injury caused by negligence. To file, the uninjured spouse must prove a valid marriage, the injury’s significant impact on the relationship, and clear evidence of the resulting emotional and relational harm. When a loved one suffers a severe injury, the emotional and practical repercussions extend far beyond the immediate physical effects. In California, if your spouse or registered domestic partner has sustained injuries due to someone else’s negligence, you may have the right to seek compensation not just for the medical bills and lost wages but also for the loss of companionship, affection, and support. Loss of consortium in California recognizes an injury’s profound impact on a marriage’s intimate, personal aspects. In this post, we’ll explore what you need to know about pursuing a loss of consortium claim—from understanding the legal definitions and eligibility requirements to proving your claim and calculating potential damages. Whether you are newly navigating these waters or seeking further clarification, our guide aims to provide clear and empathetic insights into how you can seek justice for the emotional and support-related losses you have endured. What Is a Loss of Consortium Claim? Loss of consortium as defined in California’s Civil Jury Instructions 3920 references the deprivation of the benefits of a specific type of familial relationship due to injuries caused by another party. This loss includes the loss of love, comfort, companionship, affection, solace, moral support, and, in some cases, the loss of the ability to have children or the sexual relationship between spouses. In California, the law recognizes these aspects. Although intangible and non-economic, they are invaluable to the quality of life and, thus, are compensable. The emotional toll on a spouse who must now cope with both the immediate and long-term implications of their partner’s injury cannot be understated. Loss of consortium goes beyond financial hardship; it encompasses the profound emotional and psychological distress experienced when the dynamic of a marital relationship is fundamentally altered. Who Can Bring a Loss of Consortium Claim in California? Only some people can legally file a loss of consortium claim in California. The right is reserved primarily for the uninjured spouse of someone directly harmed by another’s negligence or wrongful act. There must be a legally recognized marriage or, in some cases, a registered domestic partnership where the partners live together. It is crucial that the marriage or partnership existed legally at the time of the injury. Merely dating or being related in a way that is not marital would not qualify. Further, the spouse’s injury must be serious and significantly impact the couple’s relationship. Minor injuries with little to no long-lasting effects on the marital relationship typically do not qualify for loss of consortium damages. Proving Loss of Consortium Proving a loss of consortium claim in California requires clear and compelling evidence demonstrating the negative impact on the marital relationship. Key elements include proving the: Evidence often involves: Photographs, videos, and personal diaries can also be instrumental in showing the quality of life and the couple’s interaction before the accident. The uninjured spouse may need to discuss intimate details of their marital life to convey the depth of their loss, which can include changes in affection, support, companionship, and even day-to-day interaction. This evidence helps paint a vivid picture of the loss and its profound effects on the uninjured spouse. Calculating Loss of Consortium Damages Determining the amount of compensation for loss of consortium damages can be complex due to the subjective nature of the losses involved. In California, juries and judges consider several factors when assessing these damages at trial, including the stability and closeness of the marriage, the living arrangements before and after the injury, and the life expectancy of both spouses. These factors help to measure the extent of loss and translate it into a monetary value. Economic experts may be employed to provide testimony on the loss’s impact on the spouse’s quality of life and future projections of this loss. While there is no fixed formula, the compensation typically reflects the severity of the injury and its long-term effects on the marital relationship. Have a Loss of Consortium Claim in California? Contact The Beliz Law Firm Understanding the intricacies of loss of consortium in California is crucial in advocating for the compensation you rightfully deserve. If you are grappling with the effects of an injury that has disrupted your relationship with your spouse, it’s important to seek legal advice. At The Beliz Law Firm, we’re dedicated to helping you through these challenging times with empathy. Our team has years of experience with loss of consortium claims and is well-equipped to guide you every step of the way. Don’t try to pursue a loss of consortium claim alone. Contact The Beliz Law Firm today for a consultation, and let us help you secure the compensation you need to begin the process of emotional and financial recovery.

Car Accidents

Average Settlement for a Bus Accident in California

Aug 14, 2024 | By Michael Beliz | Read Time: 3 minutes

When involved in a bus accident in California, understanding the potential financial compensation is a common concern for many victims. However, pinpointing the average settlement for a bus accident is more complex. Each bus accident case has its own circumstances, making it nearly impossible to establish a standard settlement figure. This post will explore the various factors that influence settlement amounts in bus accidents, providing insight into why each case must be evaluated on its merits. By understanding these factors, you can better anticipate the potential outcomes of your specific situation. How Much Money Do You Get If You Get Hit by a City Bus? Settlements in personal injury cases, such as those involving city bus accidents, vary significantly. These settlements are designed to compensate victims for injuries and financial losses. The complexity of calculating public transport accident compensation arises from the wide variability in case specifics, such as injury severity and legal liability. Each settlement is tailored to the details of the individual city bus accident, making it challenging to use average figures as a reliable benchmark. The same goes for other types of bus accidents. Calculating the average settlement for a school bus accident follows the same process. Factors Influencing Settlement Amounts Individual factors can significantly influence the potential settlement amount when calculating case value. Some of the most critical factors include injury type and severity, liability, damages, and the amount of available insurance coverage. Injury Type and Severity The type and severity of injuries sustained in a bus accident play a pivotal role in determining the settlement amount. More severe injuries often result in higher medical expenses, longer recovery times, and increased compensation for pain and suffering. For instance, a spinal cord injury that leads to permanent disability will typically command a higher settlement than minor bruises or temporary discomfort. Liability Liability—who is at fault and to what degree—significantly affects settlement outcomes. Establishing liability can be complex in bus accidents, especially when multiple parties, such as the driver, the bus company, or even local government entities, might be involved. The clearer the liability is established against the defendant, the more favorable the settlement. Damages Damages in a bus accident can be economic, such as medical bills and lost wages, and noneconomic, such as pain and suffering. The total of these damages forms the basis of the settlement negotiations. In rare cases, punitive damages may also be considered if the defendant’s conduct was particularly reckless or malicious. Insurance Coverage Another critical factor that impacts the settlement amount is the available insurance coverage. For example, settlements might be limited by the policy limits of the defendant’s insurance company. Understanding the details of all relevant insurance policies is essential for estimating potential compensation. Special Considerations in Bus Accidents Bus accidents often involve unique legal considerations, particularly when public transportation entities are involved. For instance, specific legal doctrines involving governmental immunity may apply when dealing with accidents involving city buses. These legal statutes can significantly alter the dynamics of a settlement. Suing a city or state entity can be more challenging than an accident involving two automobiles. Maximizing Your Settlement Taking comprehensive and strategic steps immediately following the incident is crucial to maximize your potential bus injury compensation after an accident. First, ensure that all aspects of the accident are well-documented, including detailed medical records and evidence from the scene. Hire a personal injury attorney experienced in bus accident cases. You need someone familiar with local laws and regulations. An attorney can effectively negotiate with insurance companies and, if necessary, litigate to secure the best possible outcome. Remember, the quality of legal representation can significantly influence the outcome of your settlement, especially in complex cases involving entities like schools or public transit systems. Not all personal injury lawyers have experience with bus accidents, so be sure to ask questions when initially meeting with a firm. Get the Compensation You Deserve for a Bus Injury – Contact The Beliz Law Firm Navigating the complexities of a bus accident claim in California requires a thorough understanding of the many factors that can influence the outcome. While predicting an average settlement for a bus accident is challenging, understanding the components, such as injury severity, liability, damages, and insurance coverage, can help set realistic expectations. Whether dealing with a school bus accident or a collision involving city transportation, having skilled legal representation is crucial.If you or a loved one has been affected by a bus accident in California, The Beliz Law Firm is here to help. Our experienced team is dedicated to protecting your rights and willing to fight to help you receive the compensation you deserve. Contact us today to discuss your case and explore your legal options.

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