Legal Blog

How Much is My Bike Accident Injury Claim Worth?

Jul 13, 2017 | By Michael Beliz | Read Time: 2 minutes

When you’re injured in a bike accident, the impact can be life-altering. It’s likely that you’ll need immediate, urgent medical treatment. The trauma of colliding with a much larger vehicle can be serious. Long-term care may also be necessary to bring you back to health. Plus, some bike accident injury victims never fully recover. The accident can lead to a lifetime of therapy. You may not be able to work at your normal job if your injuries are severe. This can lead to financial difficulties at a time when medical bills are adding up. California law allows you to recover compensation from the person who caused the incident through negligent conduct. The amount of your settlement or verdict depends upon the legal theory of damages. In bicycle accidents cases, they generally fall into one of two categories: 1. Economic Damages: “Economic” damages are those supported by documentation. When determining how much your bike accident injury claim is worth, you would include: Medical Expenses: You will likely visit different healthcare professionals that treat your injuries. Each of these providers will bill you for their services. Your claim will include costs related to practitioners such as doctors, ER physicians, medical specialists, chiropractors, occupational therapists, and others. You can ask for both past medical expenses and future medical cost. Lost Wages: If you miss work due to your bike accident injuries, you may recover the lost wages. To prove lost wages as an economic loss, you can present pay stubs, canceled checks, or tax records. Like medical expenses, you may ask for both past and future lost wages. In addition, you can request loss of earning capacity from the negligent party. 2. Non-Economic Damages: You would also include damages that fall in the non-economic category. These are damages where there are no receipts. They include: Pain and Suffering: It’s hard to put a value on the trauma you will experience after a bike accident. However, you can be sure that there will be lingering effects. Your case is worth compensation for pain and suffering that may result from the inability to sleep, chronic soreness, and lack of mobility. Emotional Anguish: You will include the impact of a bike accident on your daily routine and lifestyle when considering what your case is worth. Loss of Relationships: The value of your bike accident claim also includes losses you suffer with respect to your loved ones. A Long Beach Bike Accident Lawyer Can Help Being involved in a bike accident is horrific. But California law protects victims by allowing them to recover losses. However, it is difficult to prove your right to compensation. It usually requires an extensive legal background in personal injury cases. When you’re up against a pushy insurance company or in court, it’s necessary to have a strong advocate at your side. The dedicated attorneys at The Beliz Law Firm have the experience and skills to ensure you’re fully compensated for the various types of losses you sustain, so please contact us about your case. We’re available at (562) 452-3772 to answer your questions, or can schedule a case evaluation for you at our convenient Long Beach, CA location.

Car Accidents

How Do You Handle a Back Injury After a Car Accident?

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

One of the most common areas of injury in a car accident is the back. Direct force may cause the injury. Or, the accident may snap the victim’s body in an unnatural position. Either way, the injuries are often serious. How you handle your back injury after a car accident will depend entirely on the extent of the injury. Some injuries may require taking it easier than normal (but never bed rest!) and mobility exercises. Others may require intensive surgeries and have permanent consequences, such as paralysis. In all cases, though, the following are smart steps to take if you have hurt your back in a crash– See a Doctor You should promptly see a doctor. Even if you’re back only hurts when in a certain position, you want to get checked out. Of course, if you need emergency attention, you will see a doctor immediately. Your doctor will diagnose your back injury using a variety of methods. These include physical examinations, x-rays, CT scans, MRIs, or other diagnostic tools. Go to Treatment Doctors usually prescribe the most conservative method possible to treat your back injuries. In many incidents, a doctor will first prescribe rest and pain medication. If the pains do not subside, the doctor may then send you to physical therapy or chiropractor. If the pains are more severe, your doctor may refer you out to an orthopedic or neurosurgeon. The specialist may need further diagnostic testing like an MRI of the cervical, thoracic or lumbar spines. The next most conservative treatment is a series of three epidural shots directly into the spine. The final type of treatment is surgery on the back. Follow Your Doctor’s Orders If your doctor recommends that you refrain from lifting heavy things for two weeks, do not go to the gym and attempt to deadlift. They may also suggest that you go to physical therapy twice a week Sign up and actually attend. Your doctor tells you that you can return to your daily activities as normal, but that you should pay attention to things that cause you pain. Follow these instructions closely and go back to the doctor if necessary. Not following your doctor’s orders is a bad idea for two reasons: First, your doctor is an expert. If you do not follow a prescribed treatment plan, your injury may not heal as fast as it would otherwise. Second, it can cause problems with your claim. The adjuster may argue that your injuries have worsened or failed to heal as a result of your own negligence. File a Claim and/or Lawsuit It is important that you notify the other person’s insurance company about the accident as soon as possible. You want to open your claim right away. A demand letter states why you deserve compensation. You need to serve this to the other person’s insurance company. It must include details about your back injury. And medical evidence should support your claim. Many back cases become very litigious due to the dispute of the causation of the injuries. Therefore, you may need to file a lawsuit in the court system so you may receive fair compensation for your injuries and pains. Hire an Attorney Your attorney can help you to gather the evidence that you need for pursuing a successful claim. They can write a demand letter to the insurance company and negotiate for a settlement amount. Working with an attorney improves your chances of recovering your maximum compensation award. At The Beliz Law Firm, our knowledgeable Long Beach car accident attorneys have experience handling back injury claims. We care about helping you to get the money you deserve after a crash. Whether your back injury is severe and expected to affect you for the rest of your life, or just serious enough to cause you pain and impair you from doing household chores for a short amount of time, we can help.

Car Accidents

How To Reject an Insurance Offer for a Car Accident

Jun 14, 2017 | By Michael Beliz | Read Time: 3 minutes

Getting help as soon as possible is important after a car crash. Personal injury lawyer Michael Beliz provides free consultations. Reach out today if you need help. Should I Accept the Insurance Company’s Settlement Offer? If you have been in a car accident and followed the proper procedures for filing a claim, then the next step is waiting for the car insurance adjuster to offer you a settlement. Settlement offers offer compensation for your injuries and damages. They also “settle” or “end” your claim. By accepting the settlement, you also release the insurer and driver from further liability. Most people assume they have no option but to accept an insurance company’s offer. Even if they think that it is lower than they deserve, they feel pressure to accept. However, this is not the case. In fact, rejecting the first settlement offer almost always happens. Here is what you need to know about how to reject an insurance settlement offer for a car accident– Step One: Determine What Your Accident Is Worth When you make a claim through the other party’s insurance company, you should know the claim’s value. If you have not met with a legal professional who can help you determine the value of your claim, now is the time to do so. You and your attorney should work together to determine the amount of compensation that you are willing to accept. To find this, you should calculate: Past and Future medical expenses; Lost wages and lost of earning capacity; Property damage; and Noneconomic damages (e.g. pain and suffering damages) you have suffered. Step Two: Make a Demand for Compensation in Writing You want to put all the details of the your accident and your losses in a writing. This writing is a Demand Letter, and should include the following: How the accident took occurred; Reason why the insurance driver is negligent for the accident; A summary of your damages; and Your demand amount. In addition to a Demand Letter, you want to put together a Demand Package. A Demand Package consists of documents to make your claim stronger. The documents should include the following: Traffic Collision Report; your medical records and bills; loss of earning receipts; and photos of the accident scene and your injuries. The point of the Demand Letter and Package is to persuade the other person’s insurance company to compensate you for your injuries. Step Three: Negotiate After the insurance adjuster receives your Demand Letter and Demand Package, they will likely contact you by either phone or mail. The insurance adjuster will accept the demand, reject the demand, or offer you a compensation amount lower than your demand amount. This is when the negotiations process begins. This is where you need to understand and know the value of your claim. When negotiating, you will always want to start out high since you will probably have to compromise and lower your demand during talks with the insurance company. You also need to know the minimum amount you will accept. Negotiations may last days, weeks, or even months. It depends upon the nature of your case and how much you are seeking. If you cannot reach a settlement agreement, you may have to engage in mediations with a third party. Finally, you may have to file a lawsuit and take your case to court. Again, you should work with an attorney during the negotiations process. An experienced attorney will bring negotiation skills to the table. They will represent you and speak on your behalf during the process. Our Law Firm Can Help You Reject a Low Settlement Offer It is common to receive a settlement offer that is lower than you expect. But you don’t have to accept that first settlement offer from the insurance company. Our law firm can help you to reject this offer and negotiate for one that matches the extent of your losses. Long Beach car accident lawyer Michael Beliz is ready to talk. Call us today at (562)452-3772 to schedule your free consultation.

Personal Injury

Who Can File a Long Beach Wrongful Death Lawsuit?

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

A sudden death of your loved one is shocking and upsetting. When the death results from someone else’s fault, it is normal to have questions about your legal options. For surviving family members a wrongful death lawsuit may be in order. It is impossible to replace a loved one whose death occurred due to another’s negligence. Before you bring a suit, it is important to meet with a Long Beach wrongful death lawyer. Discuss your case and legal details, including specifics of filing a wrongful death lawsuit. Be aware, however, that only certain family members can do so. Only Certain Parties Can Bring Forth Wrongful Death Actions in California Each state sets its own laws regarding who can bring forth a wrongful death action. In California, only certain family members can file a wrongful death lawsuit. These parties include the decedent’s: Spouse; Children; or Domestic partner. If none of the above parties exist, there are special circumstances. Section 337.60 of California Code of Civil Procedure, allows for any person “who would be entitled to the property of the decedent by intestate succession” to bring forth a claim. In some cases, other parties may bring a claim. This includes stepchildren or parents of the deceased. The parties must prove they were dependent on the decedent. You Must File a Suit within Two Years There is a two-year statute of limitations on filing wrongful death lawsuits in California. This applies to all parties who may be eligible to file. If you wait longer than two years to bring forth your action, you will lose your right to the claim. When a minor child faces injury, the child has until the age of 18 years old plus 2 years to either settle the claim or file a lawsuit for injuries. This is not true for wrongful death cases. A minor child who has standing in a wrongful death claim only has 2 years. There is one exception to the two years. If the wrongful party is a government agency than the time frame is shorten to six months. Are there specific types of compensation surviving family members can recover? A person with standing to sue may recover damages from the responsible party, based upon: ● The value of the deceased’s contribution to the household, financially and otherwise; ● The losses that will result from anticipated financial support; and, ● Emotional losses, including loss of affection, moral support, and guidance. Contact Us Today If a family member has died to the wrongful acts of another and you believe you have the right to file a lawsuit based on the information above, contact The Beliz Law Firm for a free consultation. Our Long Beach wrongful death lawyers are available by phone 24 hours a day.

Car Accidents

How Does Compensation Work for a Shared Liability Car Accident in California?

May 15, 2017 | By Michael Beliz | Read Time: 4 minutes

In California, the at-fault party for an auto accident is responsible for damages. The theory is straightforward in concept. However, it often becomes far more complicated in reality. There are many confounding factors that can make car accident liability difficult to calculate and assign. For example, what happens when two or more drivers share blame for the same crash? Here, our Long Beach car accident lawyers will discuss this issue and explain California’s comparative fault rules. California is a Pure Comparative Negligence State The History Prior to 1975, liability for California car accidents was assigned under an ‘all or nothing’ standard of contributory negligence. If a car accident victim was responsible for even a small part of their own crash, they could not pursue recovery. In the case of Li v. Yellow Cab Co., the Supreme Court of California issued the decision that dropped the ‘all or nothing’ standard. The Court replaced the old rules for pure comparative fault rules. Comparative Negligence Explained Negligence is the failure to take due care in the course of action. A driver can be negligent for many different reasons, from speeding to distraction. If a driver’s negligence contributed to a crash, then that driver is at least partially liable for the resulting damages or injuries. This is where comparative negligence rules come into play. California’s comparative negligence standard states that the percentage of fault defines liability. For example, imagine that two drivers collided in an accident on Interstate 405. In total, the crash caused $100,000 of damage. After assessing the case, a Jury finds one driver at-fault for 90 percent of the accident. The second driver is responsible for the remaining 10 percent. In this circumstance, the first driver would be liable for $90,000 worth of damages. The other driver is responsible for the remaining $10,000. Shared Liability Examples Shared fault in an accident is incredibly common. In fact, it could be argued that most accidents involve some degree of proportional responsibility. Here are some examples of accidents that are caused by the fault of two parties: Four-way stop crash Consider a situation in which two drivers arrive at a four-way stop at the same time. One driver intends to pass straight through the intersection; the other is planning on making a left-hand turn. Rather than waiting to see which driver is going to proceed or yielding the right of way, both drivers immediately proceed through the intersection. Another example is a crash in which both drivers actually signal to the other driver to proceed, and in the confusion, both proceed and hit each other. Distracted driving and speeding crash Consider a crash in which a texting driver fails to signal before changing lanes, side-swiping the vehicle to its right. The driver in the side-swiped vehicle suffers serious injuries. Initially, it would appear that the texting driver is wholly to blame. However, a review of the evidence unveils that the side-swiped driver was traveling much too fast at the time of the accident – 15 miles per hour over the speed limit. As such, both drivers may be found comparatively negligent for the damages that resulted from the crash. Pedestrian and distracted driver crash The notion that the pedestrian ‘always has the right of way’ is untrue; drivers often have the right of way (although most drivers will yield if not doing so means hitting a pedestrian). Consider a situation in which a driver is proceeding through an intersection, and takes a moment to look down at an incoming text. At exactly that moment, the pedestrian may not have the right of way steps off the curb, directly into the driver’s path. Even though the driver had the right of way, they breached their duty to others on the road by driving while distracted, meaning both parties could be to blame. Compensation for a Shared Liability Accident Apportionment of liability becomes extremely important in shared fault auto accident claims. If you are assigned even a few extra percentage points of the blame for a wreck, you could lose thousands of dollar of compensation. Do not let this happen to you. You need to protect yourself and your family. Contact an aggressive car accident attorney after a serious car accident. Especially if the other party disputes liability. Your attorney will review the specific facts of your case. Then they’ll determine what to do to protect you from an unjust share of the blame. What if I Disagree with a Fault Determination in a Shared Liability Car Accident? It’s very possible that the insurance adjuster(s) responsible for investigating your case may reach a conclusion about the fault that you do not agree with and therefore offer you a settlement that is reflective of your supposed proportional fault that you do not think is fair. When this is the case, you have the right to reject a settlement offer and renegotiate your compensation award. You also have the right to reject the settlement and file a lawsuit for compensation. However, keep in mind that if your case goes to trial, you will need strong evidence in your favor in order for a court to side with you to overcome the defense’s point of view based on their investigation. Our law firm strongly urges you to hire an experienced car accident settlements lawyer if you have not already done so at the point in the process when you are considering going to trial. Speak to the Top-Rated California Car Accident Attorney The Beliz Law Firm has experience handling California accident claims. This includes complex cases involving shared liability. If another driver injured you in a crash, you deserve help. Our lawyer will do as much as possible to help you understand what has shared liability and to maximize the amount of compensation you receive by proving the fault of the other party to the greatest degree possible. Please call our Long Beach office today at (562) 452-3772. Schedule your free, no-obligation initial case evaluation.

Bike Accidents

Effects of Lane Splitting on Motorcycle Accidents in California

May 8, 2017 | By Michael Beliz | Read Time: 2 minutes

Lane Splitting and California Motorycle Accidents Motorcycle accidents remain a serious safety problem in California. The California Highway Patrol (CHP) reports that in 2014, motorcycle accidents injured 11,000 people. All too often, the general public simply assumes that bikers must be at fault for their own accidents. There is an unfair perception that motorcyclists often engage in ‘risky’ or ‘dangerous’ behavior. Yet, often, a lack of knowledge on motorcycle operations leads to that position. For example, ‘lane splitting’, which many drivers assume to be dangerous, is actually a safe and legal road practice. Here, our Long Beach motorcycle accident attorneys discuss lane splitting and its effects on California accidents. When Done Properly, Lane Splitting is Safe Lane splitting is the practice of a riding a motorcycle in between the middle of two lanes of stopped (or slowly moving) traffic. Bikers may engage in lane splitting to save time by quickly bypassing the traffic congestion that is all too common in Southern California. The evidence suggests that lane splitting is actually more safe for motorcyclists than is stopping behind vehicles in slow moving traffic. Indeed, in a study of more than 6,000 crashes, researchers from the Safe Transportation Research & Education Center at the University of California Berkeley found that lane splitting riders were less likely to be rear-ended and less likely to suffer concussions, serious torso injuries or death. Lane Splitting is Legal in California Under California law, lane splitting is legal. Riders must be safe and follow certain guidelines, though. The California Highway Patrol instructs lane splitting bikers to be: Reasonable; Responsible; and Aware of road conditions. As a general rule, lane splitting should only be done at a speed that is under 40 miles per hour, and no more than 10 miles per hour faster than the traffic in the other lanes. Motorcyclists also have other duties when lane splitting, such as avoiding erratic movements. Who is Liable for a Lane Splitting Accident? Since lane splitting is a legal practice that can be done safely, motorcyclists are not inherently liable any resulting accidents. Ultimately, liability for these crashes will always depend on the specific facts of the case. Investigators will need to determine exactly why the accident occurred and which, if any, parties failed to operate their vehicle in a safe manner. Many factors can complicate assigning fault in accidents. As a California is a comparative negligence state, sometimes two or more parties may even share liability for the same crash. To protect yourself from an unfair share of accident liability, you need to get your case into the hands of an experienced motorcycle accident lawyer as soon as possible after a lane splitting accident. Get Legal Help Today At The Beliz Law Firm, we have extensive experience handling motorcycle accident claims. Call our firm today at 562-452-3772 to request a free review of your case. From our primary office in Long Beach, we serve communities throughout the region, including Westminster, Riverside, and San Diego.

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