Car Accidents Archives - Page 3 of 4

What Is the Statute of Limitations in a California Car Accident?

Apr 22, 2022 | By Michael Beliz | Read Time: 4 minutes

Recovering after a car accident can take a long time. Hospital stays can take weeks, while physical therapy can take months or years. Processing and overcoming the trauma and pain of a car accident can take even longer. However, if you plan to file a lawsuit because of the accident, you can’t wait forever. California has a strict deadline for filing claims called a “statute of limitations.” In most cases, the statute of limitations in a California car accident case is only two years. Therefore, if you or a loved one have been involved in a car accident, you need to act quickly. Don’t let the statute of limitations in California make your claim untimely. Contact a knowledgeable Long Beach car accident attorney today. What Is the Statute of Limitations for Car Accidents in California? Section 340.8 of the California Code of Civil Procedure contains the statute of limitations for car accidents. For most civil lawsuits for losses caused in a car accident, the statute of limitations in California is two years from the date of the accident. If you do not file your lawsuit within the statute of limitations, the court will most likely throw out your case. That said, this two year statute of limitations does not apply in every situation. One exception applies to car accidents involving government entities. For example, if you were rear-ended by a police vehicle and suffered injuries as a result. Since this is a claim not against a private citizen but a government entity (i.e., the police), a different statute of limitations would apply. Instead of two years, you would have only six months after the accident to file your claim. Other circumstances can extend the statute of limitations. If a minor child is injured in a car accident, the statute of limitations clock doesn’t start ticking until they are 18 years old. Two years may sound like a long time, but claims take time. Injuries may need time for treatment plans and diagnoses, and determining fault may need the consultation of experts to parse through the data and witness statements. Your attorney has a lot of work to do gathering evidence and building your case. So it’s never a good idea to wait. Instead, you should reach out to a qualified car accident attorney right away. Why Is the Statute of Limitations Only Two Years? There are several good reasons why the state limits the statute of limitations to two years. For one, limiting the time period to two years helps ensure that sufficient evidence is available. As any attorney or police officer can tell you, evidence degrades over time. Witnesses move, pass away, or simply forget key facts because memories fade over time. Physical evidence, like documents and photographs, can be lost or destroyed. As the amount of evidence decreases, it becomes harder and harder to get a fair outcome in a case. Capping the statute of limitations to only two years also gives people a sense of finality. If there were no statute of limitations, people could bring lawsuits over events that occurred 5, 10, 20, or even 30 years ago. What If I Didn’t Know I Was Injured Until a Long Time After the Car Accident? Sometimes, people feel perfectly fine after a car accident. Because they don’t see or feel any effects after the crash, they assume that they’re healthy and don’t go to a doctor. However, car accidents cause all kinds of hidden traumas, like spinal trauma and closed head injuries. Some of the injuries take months or even years to develop. If you were injured in an accident and waited too long to bring your claim, you may be ultimately barred from receiving recovery from the negligent party. Consequently, if your injury appeared months or years after the accident, you will need to consult with a qualified legal professional who will help determine whether your claim is still viable and able to file a lawsuit. I’m Short of Cash Right Now. How Can I Afford an Attorney? Many people wrongly assume that they have to pay attorneys an hourly fee. Although attorneys are sometimes paid by the hour, you can sometimes hire them on a contingency fee basis. In a contingency fee arrangement, you pay only when the attorney resolves your case in a favorable monetary outcome. Your attorney will receive a certain agreeable percentage of the payout. This method allows you to get legal representation even if you don’t have a lot of extra money available to pay upfront fees. It also means that the attorney gets paid only if they win money for you. After damages award money comes in, the attorney takes the agreed-upon percentage as their fee and the rest after disbursement of costs and medical bills will be given to you. Don’t Wait Another Day to Get Justice. Contact Us Today. Surviving a car accident is incredibly stressful. It can also be devastating to your finances and physical and mental well-being. However, do not miss your opportunity to recover compensation for your losses. You deserve to be compensated for your pain, suffering, and lost wages. So act quickly and call an attorney today. Michael A Beliz, Esq. is a dedicated and experienced personal injury attorney who can help you obtain justice. Over the course of almost two decades, Mr. Beliz has represented clients in countless car accident cases. Thanks to his stellar representation, his clients have received some amazing results over the years. If you want a qualified and compassionate attorney to represent you, look no further. Give us a call or contact us online to set up an appointment.

Car Accidents

Can a Pedestrian Ever Be at Fault for a Car Accident in California?

Feb 28, 2022 | By Michael Beliz | Read Time: 4 minutes

Many people think that accidents involving pedestrians mean that the driver is always at fault. However, that is not always the case. Understandably, prospective clients want to know, Can a pedestrian be at fault? Liability differs in every case, and yes, a pedestrian can be at fault in a car accident. You often hear the saying that “pedestrians have the right of way,” but that isn’t necessarily always the case. Drivers and pedestrians have a duty to act as a prudent person with reasonable care. Failure to do so could result in potential negligence against a pedestrian in an accident claim. If you sustained injuries in an accident caused by a negligent party, speak with an experienced California pedestrian injury lawyer at the Beliz Law Firm. Pedestrian Accidents in California Pedestrians have the right-of-way at marked and unmarked crosswalks in California. When a pedestrian fails to comply with the crosswalk or pedestrian laws, the driver may have the right-of-way. The law doesn’t protect pedestrians when they violate the law, such as jaywalking between vehicles. That means pedestrians can be legally at fault for causing a crash. An example would be a pedestrian who darts out between two parked cars in front of a vehicle, causing the driver to crash into the parked cars. In this case, the pedestrian might be liable for the damage to those parked vehicles. Other examples of situations where pedestrians might be liable in an accident include: Crossing at a crosswalk, but violating a traffic law such as crossing on a red light when it says don’t walk; Walking on a bridge or highway where pedestrian traffic is prohibited; or Acting recklessly, negligently, or while under the influence of alcohol or drugs. While pedestrian traffic is prohibited in places such as a highway or freeway, it doesn’t mean a driver can hit someone and have no fault. A motorist may break down and walk to a call box or get off the highway to get assistance. Drivers still have a duty to be cautious and avoid striking them. Shared Fault for Pedestrian Accidents Pedestrian accident liability is sometimes split between the driver and pedestrian, where both parties are deemed to be partially responsible for the accident. California is a pure comparative negligence state. That means you can collect a portion of your damages in an accident, even if you are primarily at fault for the collision. Even in cases where it might appear a pedestrian is clearly at fault, it’s possible the driver will still have some liability. For example, maybe a pedestrian jaywalked, but the driver was distracted and speeding or under the influence of alcohol. The defendant’s insurance company will do their best to put some if not all the liability on you, whether you’re the driver or pedestrian. Even if they can prove only 10% or 20% liability, it means they can reduce their exposure and potential payout. For example, if a jury finds you 15% at fault, you would collect 85% of your damages. It also means the other party would be able to pursue 15% of their damages from your insurance. How a California Pedestrian Injury Attorney Can Assist You If you sustained injuries in a pedestrian accident, retaining a skilled California pedestrian injury lawyer is essential. You need a legal advocate on your side who can protect your rights and help you fight for the maximum compensation in your case. When you retain the Beliz Law Firm to represent you, we will immediately open an independent investigation. Our team will order your medical records and police report, speak with witnesses, and do a scene investigation. In some cases, we may need to hire an expert, such as an accident reconstructionist. This expert will review the facts of the accident. They will prepare a report deciding whom they believe to be at fault for the collision. They can also testify on your behalf should your case eventually go to trial. An accident reconstructionist’s report can be a crucial part of your case. We will also handle all communication and settlement talks with the other party’s insurance or legal practitioners. Insurance companies rely on the fact that you don’t do this for a living. Adjusters will rarely ever offer you the total value of your claim. Instead, they will do their best to minimize your payout and put the majority of the blame on you when investigating pedestrian accident liability. Should the other party’s insurance fail to negotiate or refuse to accept any liability, we will file a lawsuit on your behalf. Contact a California Pedestrian Attorney Today If you or someone you love sustained injuries in a California auto accident with a pedestrian, contact The Beliz Law Firm. We have nearly two decades of experience assisting injured victims just like you. We understand the applicable laws and tactics insurance companies use to avoid paying damages. Our firm has the skills and resources available should you choose to proceed with preparing a case for trial. Contact us today to schedule an initial consultation. We will review your case, help you identify the liable party, and assess what your case is worth. Let us determine the best course of legal action and help you fight for the compensation you deserve.

Car Accidents

What are the Laws in California Regarding a Pedestrian Hit by a Car?

Oct 23, 2018 | By Michael Beliz | Read Time: 3 minutes

It’s dangerous out there being a pedestrian. Not only do you have to worry about California’s crumbling sidewalks, but distracted and aggressive motorists show very little respect for pedestrians. According to one source, pedestrian deaths account for 22% of all traffic fatalities, so it important that pedestrians protect themselves. At the Beliz Law Firm, we receive a common question: “I got hit by a car while crossing the street. What are my rights?” In this post, we will explain how the law protects pedestrians in California and what to do after a collision. Hitting a Pedestrian in a Crosswalk All motorists must operate their vehicles with sufficient care. This does not mean that they must be perfect, but they must use due care so as not to injure anyone—including pedestrians. When drivers fail to be sufficiently careful, they are negligent and legally responsible for the injuries they cause. Examples of negligence include: Failing to stop Running a red light Trying to scoot around a pedestrian Distracted driving, such as texting or talking on the phone while driving Backing up without checking in the rearview mirror California Vehicle Code § 21950 confirms that both pedestrians and motorists owe each other a duty of care. The code specifically states that motorists who are approaching a pedestrian in any marked or unmarked crosswalk must slow down their vehicle and take any other action necessary to avoid hitting a pedestrian. However, the Code also says that pedestrians must not rush in front of a vehicle so that they create a hazard. Pedestrians also cannot delay traffic while in the crosswalk. If a driver fails to operate their vehicle carefully, and they injure a pedestrian, then the pedestrian can sue the driver for compensation. However, if the pedestrian did not exercise care, they might not have a lawsuit. Use Common Sense Pedestrians and motorists can protect everyone’s safety by using common sense and not being in a rush to get somewhere. Simply wait for vehicles or pedestrians to get through the crosswalk before heading across. The California Driver Handbook implores pedestrians and motorists to exhibit courtesy to each other, which will reduce the chances of an accident. Of course, some accidents are unavoidable, and pedestrians should do everything possible to protect their right to compensation. For example, you should do the following after getting struck: Contact emergency services to have an ambulance come out. Take pictures of anything, such as damage to the car that hit you, or the area where you landed. If you are in extreme pain, ask someone else to take these pictures with their camera. Contact the police to come out to the accident and write up a police report. These reports will contain important information. Identify any witnesses to the collision. Get their names and contact information. Promptly seek medical attention. The more information you find, the greater your case for compensation. If you are too injured to collect anything, then ask for help or have your lawyer look for this information as soon as possible. Contact Us Today If you are a pedestrian hit by a car, laws in California protect you. These laws allow injured pedestrians to hold negligent drivers accountable when they negligently injure other people. At the Beliz Law Firm, we meet with many people who have suffered devastating injuries in pedestrian crashes, such as traumatic brain injuries, spinal cord injuries, broken bones, and permanent nerve damage. We know how stressful it is to be in pain and possibly unable to work. To speak with an attorney, please reach out to us today. One of our pedestrian accident lawyers can meet with you to discuss your case. Avoid delay. California law gives injured pedestrians a short amount of time to request compensation after a crash.

Car Accidents

Seat Belt Laws in California

Oct 20, 2018 | By Michael Beliz | Read Time: 3 minutes

Seat belts save lives. This simple fact is the reason that every passenger in a car in California must wear a seat belt, even when riding in the back seat. The California seat belt law is found in the Motor Vehicle Code § 27315 and is strictly enforced. Seat Belts are Required Under the California seatbelt law, no person can operate a vehicle on a highway unless the driver and all passengers aged 16 or older are wearing a safety belt. This law applies to passengers riding in the front seat as well as in the back. At a minimum, the seat belt should be a lap belt that crosses at the hips and upper thighs. If there is an upper portion to the belt, then it should cross the chest. The motor vehicle owner also must make sure to maintain that there are seat belts in the vehicle that works. This law also applies to anyone operating or owning a taxi. Penalties The seat belt law in California identifies the penalty that you will have to pay if the police pull you over and you are not wearing a belt: $20 fine for a first offense $50 fine for each subsequent offense Instead of paying the fine, you might be able to attend traffic school, where you will learn about traffic safety. Child Safety Seats Children have different safety needs, and for that reason, California has created separate seat belt requirements for children. Because restraints save lives, the state will require that you put your child in an appropriate car or booster seat. The type of seat you need will depend on several factors. Here are the details of the law: If your child is younger than 2, you should put them in a rear-facing seat unless the child is large for their age, e.g., 40+ pounds or 40+ inches tall. After age 2, they should be in a forward-facing safety seat. If your child is under age 8, then they must be secured in a booster or car seat located in the back seat. Children 8 or older, or any child that is 4’9” tall, can also be secured in a booster seat. If you choose not to use a booster seat, then but at a minimum,q the child must wear a safety belt. Children 16 or older must follow the seat belt law in California as described above. Some questions arise about when a child can move on from a car seat that has a five-point harness to a booster seat. California law does not lay out precisely when you should make this move. Instead, the state recommends that you take things slow. Graduating your child to a booster seat actually decreases the amount of restraint and safety they have, so California recommends that you keep your child in their current seat for as long as possible. California also provides some basic guidance: Your child is ready for a booster seat when they have surpassed the limits for a forward-facing harness, typically between 40 and 65 pounds. Children should stay in their booster seat until they are at least 4’9” tall and 8-12 years old. Remember that safety belts were designed for men around 165 pounds, so the belts are an awkward fit for smaller children. Seat Belts and Car Accidents California is a pure comparative negligence state. This means that the law recognizes that a car accident victim could have contributed to their accident or injuries. The victim can still sue, but their own negligence will reduce the amount of compensation they can receive. Under the state’s seat belt law, failure to wear a seat belt is not per se proof of negligence. This means the driver cannot point to your failure to wear a seat belt as automatically proving you were negligent. However, a jury can still use the fact that you were not wearing a seatbelt to find that you contributed to your injuries. For this reason, wearing a seatbelt not only protects you but protects your right to compensation in the event of a collision. Speak to a Long Beach Car Accident Lawyer At the Beliz Law Firm, we have helped countless accident victims get the compensation they deserve. Please reach out to us today for a free consultation. One of our Long Beach car accident lawyers will be happy to meet with you to discuss your case as well as your options for compensation. Call 562-452-3772.

Car Accidents

What Time of Day do Most Car Accidents Happen?

Oct 15, 2018 | By Michael Beliz | Read Time: 4 minutes

Car accidents can strike at any time. However, your chances of suffering an accident increase when there are more people on the road. For that reason, drivers should expect the most accidents to occur during rush hour traffic. And statistics bear this assumption out. According to the National Highway Traffic Safety Administration (NHTSA), the most dangerous time to drive on the road is during afternoon rush hour traffic. Read on for more information about when your risk of getting into an accident is elevated. A Closer Look at the Most Dangerous Time to Drive Avvo looked at Fatality Analysis Reporting System data, provided by the federal government and broke down the number of fatalities according to the time of day in 3-hour increments: 1:00 am to 3:59 am: 4,019 fatalities 4:00 am to 6:59 am: 3,520 fatalities 7:00 am to 9:59 am: 3,345 fatalities 10:00 am to 12:59 pm: 3,864 fatalities 1:00 pm to 3:59 pm: 5,273 fatalities 4:00 pm to 6:59 pm: 6,201 fatalities 7:00 pm to 9:59 pm: 6,067 fatalities 10:00 pm to 12:59 am: 4,829 fatalities One thing that jumps out is how safe the morning rush hour period is compared to driving home from work. For example, traffic fatalities early in the morning are very low. In fact, it seems that drivers are much more careful early in the morning. Indeed, fatalities are much lower in the 7:00 am to 9:59 am window than even in the 1:00 am to 3:59 am a window when fewer people should be on the road. This could mean driving skills decrease as the day goes on. Being drained from work may increase the chance of a serious accident while driving home. Finally, darkness and visibility may increase fatal vehicle collisions. The Most Dangerous Day to Drive According to the Insurance Institute for Highway Safety (IIHS), the most dangerous day to drive is the Fourth of July, based on a 2016 analysis. This should not be entirely surprising. As part of the festivities, many people enjoy far too much alcohol to drink, which impairs their driving ability. Also, because the weather on the Fourth is often hot, a driver will be even more impaired. With so many vehicles on the road, even sober drivers can become frustrated and engage in dangerous driving. Based on the same 2016 analysis, the other most dangerous days to drive include: January 1 September 18 August 2 August 27 July 5 October 2 Of the seven days of the week, Saturday is the most dangerous according to NHTSA. Actually, the weekend is when the most fatal accidents occur. Less traffic with higher speeds may be the reason for the higher numbers. Conversely, the safest day to be on the road is Tuesday. (Interactive Map) In 2016, the number of car crash-related fatalities were as follows: Sunday: 5,809 Monday: 4,883 Tuesday: 4,444 Wednesday: 4,695 Thursday: 5,002 Friday: 5,826 Saturday: 6,802 If you need to go on a long trip, then Tuesday or Wednesday would seem to be ideal days. Protecting Yourself The reason so many accidents happen on certain days and at certain times is that roads are congested. But you probably need to be on the road at the same time, along with everyone else. What can you do? Clearly, drivers should exercise extreme caution when driving during rush hour. Remember to leave enough room between you and other vehicles, preferably four seconds of time. Also be reasonable when someone is trying to merge into traffic. If possible, you can scoot into the other lane, leaving the room. You should also avoid drinking on holidays, since alcohol will dramatically slow down your reflexes and impair your judgment, thus increasing the likelihood of a crash. If you see someone driving erratically, report them to the authorities. If you are feeling fatigued, remember to pull over to the side of the road. Speak to a Long Beach Car Accident Lawyer Rush hour might be the most dangerous time to drive, but motorists and pedestrians can suffer a serious injury at any time. If you have been injured in an accident, you need compensation to help you cover medical expenses, lost wages, and property damage. Your pain and suffering also warrant compensation. Contact the Beliz Law Firm today. Our car accident lawyers can help you get the compensation you deserve and are prepared to negotiate aggressively on your behalf. Call 562-452-3772 for a free consultation or send us an online contact form.

Car Accidents

Who is Responsible for Uber or Lyft Accidents in California?

Sep 26, 2018 | By Michael Beliz | Read Time: 3 minutes

For immediate help from an experienced car accident lawyer, reach out to Michael Beliz today. California is a “fault” state, meaning that drivers who cause accidents are financially responsible for them. Injured victims can make a claim for compensation with the at-fault driver’s insurer for things like medical care, lost wages, and pain and suffering. These same rules apply if you are struck by an Uber or a Lyft driver, or if you are a passenger in an Uber or Lyft. Sometimes the driver responsible does not have any insurance, or they do not have enough to cover the full cost of your injuries. In these situations, you will need to check whether uninsured/underinsured motorist (UM) coverage is available. Below, let’s look at some common scenarios. You are Injured as an Uber Car Accident Passenger Here, the driver responsible for the crash is responsible for compensating you. This might be your Uber/Lyft driver or it might be another motorist who struck you. Either way, you will make a claim with the responsible driver’s insurance company. Currently, the amount of Lyft or Uber passenger insurance is $1 million, which should certainly cover your injuries. Things can get tricky, however, if another motorist struck you but is uninsured. Helpfully, your ridesharing company should have underinsured motorist insurance for $1 million, which will kick in to cover you. You are Struck by an Uber or Lyft Driver In this situation, the Uber or Lyft driver is responsible for your injuries. It doesn’t matter whether you are another motorist or a pedestrian. In an Uber or Lyft driver car accident, you make a claim with the driver’s insurance. However, the amount of insurance available will depend on whether the driver was logged in the ridesharing app and whether they were actually transporting a ride: If the driver was not logged into the app, then the only insurance available is the personal insurance they carry on their vehicle. This is really no different than being struck by a person who doesn’t drive for Uber. Hopefully, the driver should have the minimum liability insurance required by California, which is $15,000 per person in bodily injury liability. If not, you might be able to use your uninsured/underinsured motorist coverage, if you have it. If the driver was logged into the ridesharing app and looking for rides when they struck you, then the Uber driver should have at least $50,000 in liability insurance up to $100,000 per accident and another $30,000 in property damage. Uber also carries $200,000 in excess liability coverage. If the driver had accepted a ride when he or she hit you, or if they actually had passengers with them, then the maximum amount of insurance applies. Uber drivers should have $1 million in liability insurance and another $1 million in uninsured/underinsured motorist injury coverage. You are an Uber/Lyft Driver Struck by Another Motorist In this case, you need to make a claim for compensation with the at-fault driver’s insurance company. You should get this information soon after the crash and report the accident to the Department of Motor Vehicles, as is required by state law. Confused after an Uber or Lyft Accident? Reach Out to Us Today Injured motorists and pedestrians need compensation to help them piece together their lives after an accident. At the Beliz Law Firm, we are well-versed in the complexity of Uber and Lyft car accidents and understand who you need to file a claim with. In this difficult time, you should focus on getting well and being with your family. Let us do the heavy lifting of obtaining the compensation you deserve. To schedule a free consultation with one of our attorneys, please call us as at 562-452-3772 or send us a private message. Please avoid delay. Injured victims have a limited amount of time to make a claim after an accident.

Car Accidents

What to Do After a Hit and Run Accident

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

California has strict laws against fleeing the scene of an accident without providing contact information. Unfortunately, too many drivers flee, breaking the law in the process and leaving you with property damage or, worse, physical injuries. If you have suffered damage in a hit and run car accident, you should follow these tips before reaching out to a hit and run lawyer. Get Medical Treatment If you were in the car when it was struck, you should check to make sure everyone is okay. If someone needs help, contact 911 and ask for an ambulance. If injuries are less serious, you might drive to the hospital yourself later, but it is important to get prompt medical treatment because not all serious injuries are apparent or visible after a car accident. Note Details about the Car that Struck You You might have been in a store when someone struck your car, in which case you might not know anything about the offending motorist. However, if you were in the car when it was hit, you should collect as much information as possible: Check with nearby witnesses who might have seen more than you did. Get their names and contact information as well as what they saw. If you were struck in a parking lot, then surveillance videos might have captured the motorist before they fled. You can stop into a store and ask if they have video of the parking lot. Give them the date and time of the accident. Report the Accident California law requires that you report car accidents to the DMV within 10 days if the accident caused $1,000 or more of damage or if anyone was physically injured or killed. If you do not file this report, your license can be suspended. Check if Insurance Applies California is a “fault” state, meaning the driver at fault for an accident pays for your injuries and damage to the vehicle. Unfortunately, if a driver flees, you won’t be able to make a claim with their insurer unless you find the driver. Nevertheless, you might carry insurance that will cover you, such as: However, these forms of insurance are voluntary in California, meaning you might not have them. If not, your only chance of receiving compensation is to find out the driver who hit you so you can make a claim. Confused about What to Do in a Hit and Run? Contact Us Today At the Beliz Law Firm, our hit and run lawyers have helped countless clients get the compensation they need. If you identify the driver, we can help make a claim with his or her insurance company. If you have UM coverage, we can work with your insurer to get you full and fair compensation for your injuries. To schedule a free consultation, please call us today, 562-452-3772.

Car Accidents

How to Determine Pain and Suffering in a Car Accident Case

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

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

Car Accidents

Common Injuries Faced by Pedestrians After a Car Accident

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

When a pedestrian is hit by a car, they very seldom have the advantage. The car is larger and it’s moving faster. Even a car moving at the relatively slow speed of 10 mph can do serious irreversible damage to a defenseless pedestrian. While the pedestrian has a duty to obey traffic signals and traffic laws, so does the car. Furthermore, the car has a duty to attempt to avoid the pedestrian. That is the case even when the pedestrian is jaywalking or committing some other violation. In that event, the illegal actions of the pedestrian do not negate either the illegal actions of the driver nor their duty to avoid the pedestrian. Even pedestrians who are partially at fault for an accident can collect a major settlement or jury award. The reason for that is due to the fact that pedestrians suffer extensive injuries in collisions with cars. Some of those injuries can change a person’s life forever. Traumatic Brain Injury The term “traumatic brain injury” is generic enough to encompass a wide array of head injuries that vary in severity. But more often than not pedestrians will suffer from concussions at the very least. In very bad scenarios they can suffer permanent brain damage that compromises their ability to do their jobs, maintain employment, or experience a full range of emotions. Damage to certain parts of the brain can be fatal. In addition, the brain can suffer damage from swelling or bleed internally. Spine and Neck Injuries Depending on how a pedestrian is hit, the chances that they suffer serious damage to their spine or neck are not negligible. From these, permanent paralysis can result. This can force major changes to a person’s line of work. If they depended on their ability to stand in order to do their job, then they will need to find a new line of work. Not only would they be entitled to collect on their loss of income, but they could also collect on training necessary to enter a new field of employment. In the most severe cases, the paralysis is lifelong and leaves the injured party without the use of either their arms or legs. These individuals require 24-hour care. They are entitled to collect damages to pay for that care. Bone and Organ Damage Depending on the size of the vehicle that hits a pedestrian, extensive damage to various parts of the body can occur. Even smaller vehicles can cause serious damage to the arms, legs, and the “core”, like the ribs. This, in turn, can lead to potentially fatal internal bleeding or severe organ damage. In every case, the pedestrian may likely need multiple surgeries and an extensive period of rehabilitation. This can keep them out of work for an extended period of time while medical expenses and other bills pile up. Contact a Pedestrian Accident Attorney Today If you’ve suffered injuries in a pedestrian-car accident, you are entitled to collect damages. Call the personal injury attorneys at Beliz Law Firm at (562) 452-3772 or contact us online and we can begin building your case right away.

Car Accidents

How Long Does a Car Insurance Claim Take to Settle?

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

After a serious car crash in Long Beach or elsewhere in Southern California, you are likely facing astronomical medical bills and significant lost wages. Not to mention the emotional and psychological stress associated with a severe auto accident. When you are dealing with the aftermath of a collision, you need to get compensation from the responsible party. Depending upon the specific facts of your case, you may open a claim with the negligent party’s insurer, which is a third-party claim. Or, if the other driver does not have auto insurance then you would bring a claim against your own insurance company, a first-party claim. There are many different factors that go into car insurance claim settlements. We will discuss some of the key issues with you. No matter what, it is important to have an experienced California car accident attorney on your side. To assist with the negotiation process and to ensure that you are taken care of by the insurance company. Insurance Requirements Under California Law When you file a car insurance claim—whether you file with your own insurance company or with the negligent party’s insurance company—one of the first major issues that can affect the timing of a settlement offer is the size of the policy limits that are covering the negligent driver. Under California law, drivers must carry the following types of coverage: Bodily injury liability of $15,000 per person; Bodily injury liability of $30,000 per accident; Property damage liability of $5,000; Even though it is not mandatory under: Uninsured motorist bodily injury of $15,000 per person; and Uninsured motorist bodily injury of $30,000 per accident. The size of the policy limits of the negligent driver may affect the timing of the settlement. If the policy limits are too small compared to the injuries, the insurance company may want to complete a settlement quicker. Compared to, where the policy limits are bigger than the injuries. If you file a third-party claim and the negligent driver does not have enough insurance coverage to pay for your losses. The case may take longer because you may have to file an underinsured motorist claim through your insurance company for compensation. Negotiating the Insurance Claim Settlement Typically, the longest part of an insurance claims process is negotiating a settlement. After finishing medical treatment, a demand claim is filed with the negligent insurance company. From here the insurance company can take anywhere from a week to months to make a first settlement offer. Afterward is where negotiation begins. If you and the insurance company cannot agree on the compensation, the only option may be to file a lawsuit. Litigating a lawsuit in courts may take years. From when the case is filed to when a jury decides the outcome of a case. It is extremely important to have an attorney on your side who can help to navigate your case. You should also remember that the California Code of Regulations involves fair claims settlement practices. Which means that insurers offer a fair settlement after acknowledging a claim and conducting an investigation in which it determines that the claimant is due. Discuss Your Case with a California Car Accident Attorney Depending upon the nature of your case, the settlement process can take weeks, months, and sometimes even longer. In particular, in cases where injury victims must file lawsuits to get compensation, the case can last for years. To seek help with your claim, you should get in touch with a California car accident attorney as soon as possible. Contact the Beliz Law Firm for more information. To seek help with your claim, you should get in touch with a California car accident attorney as soon as possible. Contact the Beliz Law Firm for more information.

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