Legal Blog

Can I Receive Compensation If I’m Partially At-Fault for an Accident in Caifornia?

Oct 28, 2022 | By Michael Beliz | Read Time: 6 minutes

If you suffered injuries in a car accident, you might be wondering who will pay for your damages. Pursuing a claim for compensation can be challenging. You can expect the other driver’s insurance to say you’re at fault for the collision. But what happens if you are both partially responsible? Can you get any money if you’re partially at fault for the accident? Your ability to collect money for your injuries depends on which state the accident occurred in. If you have questions about compensation when you’re partially at fault for a car accident, contact the experienced car accident lawyers at Beliz Law Firm as soon as possible. Can You Still File a Car Accident Claim If You Were Found Partially At Fault? In California, yes, you can still file a car accident claim when you’re partially at fault. Since California is a pure comparative negligence state, you can still recover damages from an accident even if you were partially at fault. This means you can file a claim even if you are primarily at fault for the accident. In California, you can be up to 99% liable and still collect compensation. However, your recovery is limited by your own percentage of fault. For example, if you are 60% responsible, you would only receive 40% of your damages. It’s important to note the other driver can also collect compensation from your insurance company. For example, when you’re 60% at fault, the other driver can pursue 60% of their damages from you. That’s why working with an experienced personal injury lawyer to build a strong case is crucial. You need a legal advocate on your side. Otherwise, the defendant’s insurance company will allege you were primarily or solely at fault and prevent you from getting all of the compensation you are eligible to receive. Determining Fault Initially In A Car Crash In California California is what is known as a “fault” state when it comes to auto accidents and claims. Some states are “no-fault” states, while other states are “fault” states. In a “fault” state, the police will typically assign fault to one (or more) of the drivers in a motor vehicle collision, and an injury victim can be eligible to file a claim against the responsible driver. When the police are called to the scene of an accident and write out a police report that identifies one of the drivers as the driver at fault, the police report becomes an important document in proving fault. When a driver files an auto insurance claim in a fault-based car insurance state, the driver typically has two options for property damages: There are benefits and limitations to each type of claim. When a driver files a 1st-party claim, she or he is responsible for paying the deductible even if she is not at fault. Then, that driver’s own insurance company attempts to recoup the deductible from the liable driver’s insurance company. A 1st-party claim can sometimes be quicker than a 3rd-party claim. When a driver files a 3rd-party claim, she does not have to pay a deductible, but the process can take longer. In addition, if the driver at fault has limits on the policy, the injury victim may be unable to obtain full compensation for her losses. In such a scenario, the injury victim may be able to file a lawsuit to seek damages for additional losses. For bodily injuries, the driver has to go through a 3rd-party claim first before doing a 1st-party claim. How to Prove Fault Based on Evidence After a crash, you probably want to know how to determine fault in a car accident. In addition to a police report, injury victims should gather the following evidence at the scene of a crash: In addition, the injury victim should seek medical attention. Medical records can also be used as evidence to prove that the other driver was at fault. Even if you believe you may have been partially to blame, never admit fault after a car accident. Comparative Fault and California Auto Crash Claims What happens if both drivers—the plaintiff and the defendant—are responsible in some capacity for the car accident? This is known as comparative fault, or contributory negligence. Under California law, a plaintiff’s comparative fault reduces her damages award by the portion of her fault, but it does not prevent her from recovering damages. For example, if a plaintiff (the personal injury victim who filed a claim) is found to be 10 percent at fault, her damages award will be reduced by 10 percent. Even if a plaintiff is found to be 90 percent at fault, she can still recover, but her damages award will be reduced by 90 percent. If the payout in a given case is $100,000, a plaintiff who is 10 percent at fault will have her award reduced by $10,000 and she will receive $90,000. If the plaintiff is 90 percent at fault, her award will be reduced by $90,000 and she will receive $10,000. Some states bar a plaintiff from recovery if they are 50 percent or more at fault, while others bar plaintiffs who are 51 percent or more at fault. There is no bar to recovery like this under California law. If I am Partially At Fault, Can I Sue for an Injury? Yes, you can file a personal injury lawsuit if you’re partially at fault for an accident. There are several scenarios where filing a lawsuit might be a good option in California: While most lawsuits settle before trial, taking your case to a jury may be necessary to decide fault percentages. Your attorney will explain whether filing a lawsuit is best for you based on the facts of your case. How to Strengthen Your Case To be eligible for compensation, you must have adequate proof demonstrating the other driver’s fault. One of the best ways to do this is by hiring a California car accident lawyer early on. When you retain Beliz Law Firm, we will conduct a...

Car Accidents

How to Claim Lost Wages in a Car Accident

Oct 21, 2022 | By Michael Beliz | Read Time: 3 minutes

When you sustain injuries in a car accident, it can affect your ability to work. If someone else’s actions caused the accident, you have the right to pursue a personal injury claim for compensation. Understandably, prospective clients want to know how to claim lost wages from a car accident. Don’t hesitate to contact the California car accident lawyers at Beliz Law Firm to learn how we can help you pursue a claim for lost earnings. Most lost wage claims also involve other damages, such as medical expenses, property damage, and pain and suffering. Our skilled legal team can help you determine the total value of your car accident claim. Can I Claim Lost Wages from a Car Accident? In most situations, you can pursue lost wages in a car accident claim in California. However, you must have sufficient proof of your lost wages before making your claim. Otherwise, the other driver’s insurance company will deny your claim. For example, imagine you suffered whiplash in a car accident. A lost wages claim would require proof of the work you missed due to the whiplash. You should be aware of two distinct components of personal injury wage claims: lost wages to date and future loss of earning capacity. Evidence Needed for a Lost Wages Claim After a Car Accident You need to provide evidence supporting your claim that you could not work due to your car accident injury. Some of the most common types of evidence include: Medical records that detail your injuries, including how they occurred and if you had a prior injury that was made worse in this accident; Pay stubs showing your earnings before the accident; Tax returns that confirm your prior earnings; Work records that show your missed days since the accident; and If you’re self-employed, you need invoices or other documentation that prove your losses. Include any letters or emails written to your supervisor that explain your absences. Your employer can also prepare a letter that details your missed time. The more documentation you have, the better. If you have future medical appointments requiring you to miss work, include those lost future earnings in your calculations. When you retain an attorney at Beliz Law Firm, we will help compile all the evidence necessary to present a claim for lost wages. What Is Loss of Earning Capacity? Loss of earning capacity is the difference between what you are making and what you would be earning if not for your injury. For example, perhaps you were able to return to work after the accident, but you can’t do your former job. Proving a future loss of earning capacity is more challenging than a standard lost wages claim. That’s because there’s a need to speculate about your future earnings. The most challenging aspect of a loss of earning capacity claim is figuring out what you would have earned in the future if not for the debilitating injury. To calculate your damages, you would deduct what you might earn with your injury or disability from that amount. It’s typically necessary to hire a financial or economic expert who can help figure out these amounts. These experts can determine a range of what your loss of earning capacity claim is worth. Should your loss of earning potential claim go before a jury, the court grants the jury leeway to determine the amount you should be awarded. Jury members can use their common sense, which can be helpful or a hindrance, depending on the trial. How to Claim Lost Wages from a Car Accident Once you have all your evidence and documentation, you will present a demand package to the defendant’s insurance company. When you are represented by an attorney, your attorney will handle this step. All evidence is submitted to the insurance company to review, and you have to wait for a response. The demand package has a letter outlining everything about your case, including how you were injured, why the defendant is responsible, and what damages you sustained. Your attorney also includes a monetary amount you wish to resolve the case for. If the defendant’s insurance company refuses to talk about settlement values or if an adequate settlement offer is not made, your attorney may advise filing a lawsuit before the statute of limitations expires. Contact Our Car Accident Lawyers When you have questions on how to claim lost wages from a car accident, Beliz Law Firm stands ready to help. We know how difficult proving damages can be in a car accident claim. We can help gather evidence and build the strongest case possible. If we need to hire experts for a loss of earning capacity claim, we have a network of reputable professionals we can call. If you pursue a claim independently, you might miss out on the valuable compensation you need. With nearly two decades of experience assisting injured car accident victims in California, we will fight for the maximum compensation in your lost wages claim. Contact us today to schedule a free case review.

Car Accidents

What Happens If an Uber Driver Causes an Accident?

Oct 14, 2022 | By Michael Beliz | Read Time: 3 minutes

You have rights if you’re a passenger in an Uber vehicle that gets into an accident and you suffer injuries. You likely have many questions including, What happens if an Uber driver causes an accident? Pursuing a claim involving an Uber vehicle can be confusing and complicated. If you need assistance following an Uber accident, contact the California car accident lawyers at Beliz Law Firm. We can help you pursue a claim against the responsible parties and fight for the maximum compensation possible. What If My Uber Driver Causes An Accident? As a passenger in an Uber, it’s highly unlikely you have any percentage of fault in the accident. You are an innocent party unless you did something that distracted the driver and caused them to lose control. That means you should not have to pay for your own injuries and time off work. However, you must prove who is at fault for the collision to collect compensation. If the Uber driver caused the collision, Uber’s coverage would likely be the primary insurance responsible for compensating you for your injuries. Uber Insurance Coverage Uber has several periods of coverage depending on what the Uber driver was doing at the time of the accident. Period 1: The app is turned off, or the driver is offline. During this period, the driver’s personal insurance should be the primary insurance and cover damages incurred by a passenger, another driver, pedestrian, or bicyclist. Period 2: The app is turned on, and the driver is available or waiting for a ride request. Uber has third-party liability coverage during this period if the driver’s insurance won’t extend coverage. Applicable limits are $50,000 in bodily injury per person or $100,000 for bodily injury in one accident, and $25,000 in property damage coverage per incident. Period 3: The Uber driver is on their way to pick up a passenger or is transporting a passenger at the time of the accident. If you’re a passenger in the Uber vehicle, you will fall under this section. Uber’s policy limit during this period is $1 million in third-party liability insurance. If the other driver is at fault and has no insurance, this Uber policy should allow you to access uninsured motorist coverage. Whose Insurance Pays If My Uber Driver Got Into an Accident? Knowing who to pursue a claim against is crucial. The Uber driver’s own car insurance policy likely won’t pay for your injuries. That’s because personal auto insurance policies usually have exclusions when the car is used to hire. You likely have a claim against Uber and maybe the other vehicle’s driver depending on the circumstances. California is a comparative negligence state. That means the Uber driver and the other party could both be responsible for the accident and collect compensation from each other’s insurance companies if they suffered injuries. Consider a situation where the Uber driver is 10% at fault, and the other driver is 90% at fault. If the Uber driver is injured, they could collect up to 90% of their damages from the other driver. As an innocent passenger, you are entitled to pursue a claim against all responsible parties. California has joint and several liability, which means you have the right to pursue compensation from any defendant, regardless of whether they were 100% at fault. Consider the example of the Uber driver being 10% liable. You can collect your entire settlement amount from Uber, and then Uber can pursue 90% reimbursement from the other driver’s insurance company. Unfortunately, suing an Uber driver for the accident doesn’t mean Uber will automatically pay you for your injuries. You might be caught between two insurance companies fighting over which one will pay you. This situation is something we often see in car accident claims. Insurance companies always want the other company to pay rather than paying and seeking reimbursement after the fact. This back-and-forth can be very frustrating for an innocent passenger. That’s one of the many reasons you should hire a lawyer if you’ve sustained injuries in an Uber accident. You deserve to have your injuries paid for and to not be caught in the middle of an argument between insurance companies over who will pay for your injuries. Contact a California Uber Accident Lawyer If you have questions about “what happens if an Uber causes an accident” and how to pursue compensation, Beliz Law Firm is here to help. With nearly two decades of experience assisting injured car accident victims, we know how to build a strong case. Uber-related accidents are more complicated than your average car accident. Not every law firm has the necessary experience with them to help you get the compensation you deserve. Beliz Law Firm does. We understand the nuances of these types of claims and how to navigate them. Please contact our office today to schedule a free case review to learn more about how we can help you.

Car Accidents

What To Do If You’re Hit by a Drunk Driver in California

Oct 7, 2022 | By Michael Beliz | Read Time: 4 minutes

Key Takeaway: If you’ve been hit by a drunk driver in California, take these immediate steps to protect your health and legal rights: You must contact 911 immediately following an accident involving a drunk driver. The police need to respond to the scene. If it appears the drunk driver is trying to leave the scene, get photos if possible, and take down their license plate number. If your injuries are severe, you might need emergency medical assistance at the scene. Do not downplay your injuries or refuse medical help. You might be injured worse than you realize. Internal injuries are common in severe collisions, and adrenaline can prevent you from immediately feeling pain. Cooperate with law enforcement when they arrive, but be cautious about what you say at the scene. Do not say anything that could lead the officer to conclude you are partially responsible for the accident. While the other driver might appear drunk, you won’t know they are intoxicated until tests confirm that. The other driver’s insurance company will try to convince you to give a recorded statement about the accident. You should not give a statement without legal representation. The insurance adjuster is looking for any statement or evidence they can use to deny your claim. Even if the insured driver was drunk, the insurance company wants to reduce or eliminate their financial liability. California Legal Blood Alcohol Concentration Limits The blood alcohol concentration (BAC) limit in California can vary depending on the circumstances. Here’s a look at the various limits: Even someone whose BAC is under the legal limit can be impaired. People who consume alcohol and get behind the wheel can have impaired judgment and slower reaction times, even if they are legally allowed to drive. Can I Sue if I Was Hit by a Drunk Driver in California? Yes, you can file a lawsuit against the drunk driver if their insurance company doesn’t adequately resolve your injury claim. In some instances, the drunk driver’s insurance company might deny coverage. If that happens, you can present a claim to your own insurance company, provided you have uninsured/underinsured coverage. Even if the state files criminal charges, you still have the right to pursue a civil claim. These are two separate actions in two different court systems with unique burdens of proof. A criminal case against the drunk driver involves a loss of freedom, while a civil case involves financial compensation. Like other types of personal injury cases, you only have a limited amount of time to file a drunk driving lawsuit in California. If you miss the deadline, the court will likely dismiss your entire case. That means you’ll collect no compensation for your injuries, no matter how solid your case is. In most cases, you only have two years from the date of the accident to file a lawsuit. Some situations can alter the filing deadline, but it’s not guaranteed you will have additional time. When you hire a lawyer to represent you, they will help you meet important filing deadlines. Your attorney at Beliz Law Firm will be the one calculating filing deadlines, not you. Types of Recoverable Compensation A car accident victim can recover compensation for economic and noneconomic damages. Economic damages compensate you for financial losses such as medical bills or lost wages. Noneconomic damages compensate you for emotional or psychological harm caused by an accident. Every case is different, but there are a few types of injuries plaintiffs commonly seek compensation for in car accident claims, including: Cases involving a drunk driver may be eligible for a unique type of compensation called punitive damages. The law reserves punitive damages for only select cases that involve intentional acts or egregious behavior. Drunk driving can qualify as an intentional or egregious act. Punitive damages are meant to punish the wrongdoer rather than compensate the victim for their injuries. An experienced attorney can help determine if you qualify for punitive damages. Contact Our California Car Accident Lawyers If you were hit by a drunk driver in California, you have rights. The legal team at Beliz Law Firm can help. We know how terrifying an accident with a drunk driver can be. You deserve to receive the maximum compensation possible. With nearly two decades of experience assisting injured car accident victims, we know how to build a strong case. We’ve helped numerous victims of drunk drivers get the justice they deserve. To learn more about how we can assist you, contact Beliz Law Firm today to schedule a free case review.

Motorcycle Accidents

How Long Do I Have to File a Motorcycle Accident Claim in California?

Sep 9, 2022 | By Michael Beliz | Read Time: 3 minutes

When you suffer injuries in a motorcycle accident, you might have the legal right to pursue compensation. When someone else’s actions caused your injuries, California law allows you to pursue a personal injury claim against them. However, there are legal deadlines you must adhere to. Otherwise, the court might dismiss your case entirely. Understandably, we receive numerous questions regarding these types of claims, including questions like, How long do I have to file a motorcycle accident claim in California? In most scenarios, you have two years from the accident date to file a lawsuit in the proper court. This deadline is known as the statute of limitations. However, that two-year deadline is not set in stone. Some situations could increase your allotted filing time or decrease it to less than two years. These complexities are one of the many reasons you should consider hiring a California motorcycle accident lawyer to represent you. Do not count on California’s motorcycle accident statute of limitations to always be two years without first speaking with a qualified attorney. What Happens When You Miss the Statute of Limitations? Judges are not very forgiving when you miss legal deadlines, especially the statute of limitations. In most situations, the judge assigned to your case will dismiss it entirely when the defendants show you missed the filing deadline. Unfortunately, whether the other driver’s insurance company previously made a settlement offer does not matter. If you were in the middle of negotiations when the deadline passed, the defendant’s insurance company is under no legal obligation to continue settlement talks without proof of filing. You would need to have accepted their offer and signed the release of all claims to move forward after the filing deadline has passed. You can’t go back and suddenly say you want to accept an earlier offer because the statute of limitations has now expired. Examples of Exceptions to the California Statute of Limitations for Motorcycle Accidents Understanding what some of the exceptions to the two-year rule are can help show why it’s crucial to hire a California motorcycle accident lawyer. There’s no guarantee that any of the exceptions apply to you. Don’t wait to speak with a knowledgeable and experienced lawyer, or you might inadvertently jeopardize your entire case. Delayed Discovery Rule The delayed discovery rule essentially gives you additional time beyond the normal statute of limitations because an injury was not discovered until long after the accident. In motorcycle accident claims, this is not as likely to happen. Delayed discovery of injuries is more applicable to medical malpractice claims and product liability lawsuits for toxic chemical exposure. Wrongful Death When a victim dies from their motorcycle accident-related injuries, certain surviving family members have the right to file a wrongful death lawsuit. The statute of limitations becomes two years from the date of death rather than two years from the date of the accident. Wrongful death claims also involve damages that are different from damages that would be available in a personal injury lawsuit for motorcycle accident injuries. Defendant Leaves the State or Is Incarcerated Sometimes a defendant temporarily leaves the state and doesn’t return for several years. That means you cannot file a lawsuit and serve them in California. Your deadline to file might be extended to account for the defendant’s absence from California’s jurisdiction. In other scenarios, the defendant might be incarcerated for their role in the accident or due to another unrelated criminal act. The law considers this when calculating the motorcycle accident statute of limitations. Victim Is a Minor or Lacks Mental Capacity If the plaintiff is under 18 or lacks the mental capacity to make legal decisions, the court will extend the deadline. Someone who suffers severe brain damage in an accident might not have the mental capacity to sue for several years while they recover. The Other Party Is a Government Entity If the defendant was driving a vehicle owned by a city or county agency, legal deadlines change dramatically. You could have as little as six months to file a claim against that government agency. That’s why you shouldn’t wait to contact an attorney. Six months can fly by as you undergo treatment and work on your recovery. Hiring a California Motorcycle Accident Lawyer You need a legal advocate to protect your rights when you’ve been injured in a motorcycle accident. If you have questions about “how long do I have to file a motorcycle accident claim” in California, contact Beliz Law Firm. We have nearly two decades of experience assisting injured victims in motorcycle accident claims. Our legal team understands what’s at stake and the importance of not missing legal deadlines. You should be concentrating on your recovery and not worried about how much time you have to file a claim. Don’t risk your potential settlement by trying to handle a motorcycle accident injury claim by yourself. Contact Beliz Law Firm to schedule an initial consultation to learn how we can help you.

Motorcycle Accidents

How Do I Prove Negligence in a Motorcycle Accident

Sep 2, 2022 | By Michael Beliz | Read Time: 4 minutes

Pursuing compensation in a California motorcycle accident can be complicated. Before the defendant’s insurance company offers you any money, you must show the other driver was responsible for your injuries. To prove negligence in a motorcycle accident, you need a skilled legal advocate on your side. Failure to meet all the required elements of negligence means you will not have a successful claim. Contact the California motorcycle accident lawyers at Beliz Law Firm today to learn more about your legal options. How Negligence Is Established in a Motorcycle Accident There are four main elements of negligence. Building a solid case can help prove the other driver was at fault. In California, you don’t have to prove the other driver was 100% at fault for the accident. You only have to prove they were at least partially responsible. That’s because California is a pure comparative negligence state. That means you can be partially at fault for the accident and still collect some of your damages. However, your percentage of liability reduces your overall compensation. That means if you’re 20% at fault, your maximum compensation will be 80% of your damages. To better understand the personal injury claims process, read on to learn more about the elements necessary for proving negligence in a motorcycle accident. Duty of Care The first element of negligence is the duty of care. The defendant must have owed you some type of legal duty when the accident occurred. With motorcycle accidents, establishing duty is relatively simple. All motorists have a duty to follow traffic regulations and laws and avoid harming other motorists. Breach of Duty The defendant must have breached their duty of care. Did the defendant run a red light, speed, or engage in distracted driving? Were they drinking and driving or driving recklessly? Any action that violates the rules of the road can be a breach of duty. You might think this is all relatively straightforward. However, the defendant’s insurance company may push back against your claim and argue your actions led to the collision. Comparative negligence means your insurance could be paying out money too. That’s why building a strong case is crucial to getting the compensation you deserve. Causation The third element of negligence is causation. You must show the defendant’s breach of duty is what led to your injuries. Someone can clearly break the law or breach a duty, but you must be able to show how that conduct resulted in the accident and your injuries. Proving causation is key to recovering compensation. If you cannot prove causation, you might not receive reimbursement for your injuries. Photos of property damage and injuries are one of the ways to prove causation. Another is through medical records and treatment. Damages The fourth element is damages. There are two basic types of damages you can receive in a motorcycle accident. Ones you can prove with a receipt like property damage estimates, medical bills, and loss of earnings. The second type of damage is not through a receipts like pain and suffering and loss of consortium, Tips to Prove Negligence in a Motorcycle Accident Compiling evidence and proving negligence in a motorcycle accident should start immediately after the accident. Your actions following the crash can significantly impact your claim. Be very cautious with what you say at the accident scene. Do not say “sorry” or “I didn’t see you” or anything else that can be construed as you taking responsibility for the crash. Depending on the severity of your injuries, take photos of the scene if possible. Get pictures of your motorcycle damage, the other driver’s damage, skid marks, and the surrounding scene. These photos can prove valuable as the liability investigation proceeds. If there is a witness at the scene, get their contact information. Sometimes a witness leaves before the police arrive because they cannot wait that long. You don’t want to miss out on a witness statement that proves your version of the events. Keep copies of all your records, receipts, and bills. You need evidence of your damages for the claim. Consider taking notes or keeping an accident journal to document your symptoms and how your injury is impacting you. This record-keeping will also help you if your case takes a year or two to resolve because it shows a progression of how the accident impacted your life. If you have to give a deposition a year later, you can review your notes to ensure you don’t forget important details. Don’t delay seeing a doctor even if you think your injuries are minor. What you may consider minor may actually be a serious injury. The doctor will make notes documenting your injuries and can spot injuries that you would not have noticed. If the doctor gives you a treatment plan, you should follow it. Doctor’s notes, medical records, and bills can provide evidence of your injuries and your damages. Contact Our California Motorcycle Accident Attorneys One of the best things you can do after an accident is to contact our California motorcycle accident lawyers at Beliz Law Firm. The other driver’s insurance will likely encourage you to resolve your claim independently and without hiring a lawyer. However, they are not looking out for your best interests. The sooner you hire an attorney, the sooner we can start protecting your rights. At Beliz Law Firm, we know how to prove negligence in a motorcycle accident and can help you build a strong case. We have almost two decades of experience assisting injured motorcycle accident victims. We know the stigma motorcycle riders face, and we’re here to help you pursue the maximum compensation possible. Contact us today to schedule a free case review.

Brain Injury Lawyer

What Can I Expect from My Traumatic Brain Injury Settlement in California?

Jul 29, 2022 | By Michael Beliz | Read Time: 4 minutes

Overview of TBI Lawsuit Settlements in California Traumatic brain injuries can uproot lives. Depending on the severity of the injury, they can result in days, weeks, months, or, in severe cases, years of rehab or hospital stays. Accident victims must wrestle with the financial, social, and psychological cost of the event. While they juggle medical bills and presenting to various medical providers, they must also heal physically and mentally. For those wondering, What can I expect from my traumatic brain injury settlement in California? contacting an experienced attorney is your best bet for understanding your legal options. Because California personal injury claims can have a short statute of limitations, involving an attorney early on is critical. If you file your claim after the legal deadline passes, you may be barred from bringing the claim at all, but exceptions may apply. An experienced brain injury lawyer can help you find out if you have a valid claim. They can also help you meet your deadline by filing a claim or lawsuit on your behalf. How Can I Get a Fair Traumatic Brain Injury Settlement in California? Filing a traumatic brain injury lawsuit may sound daunting, but it can be necessary for victims and their families to get the compensation they deserve. A fair settlement for a traumatic brain injury takes into consideration the past, current, and future costs of the accident and your injury. Compensation might include reimbursement for medical expenses, lost wages, and rehabilitation services for both past and future costs. Additionally, you may be eligible to receive money for your pain and suffering. While nothing can turn back the clock, a financial award can help to alleviate your burden, so you can continue on your healing journey. Often, insurance companies contact victims to try to persuade them to accept quick-fix traumatic brain injury settlement offers. The insurance company may even tell the victim that this is the best offer that they can give. Oftentimes, this is not the case. The insurance companies’ goals are to resolve the case as quickly as possible and for as low as possible. At the end of the day, their bottom line is top of their mind. Your best defense against these tactics is having an experienced lawyer that you trust. Your TBI lawyer performs many vital functions. They serve as your advocate, protector, and legal counselor. They work for you and your best interests—not for the insurance company. Michael Beliz at The Beliz Law Firm has helped hundreds of clients successfully maximize their personal injury settlement. Michael founded The Beliz Law Firm with the express purpose of enriching the community and helping personal injury victims recover. A fierce legal advocate, he’s who you want on your side. What Happens During Settlement Negotiations? TBI settlement negotiations typically begin with your attorney sending a demand to the at-fault party’s insurance company outlining the liability, your damages, and the details of your brain injury. The insurance company may then send you an offer. Many insurance companies also perform their own investigation into what happened. Investigators and insurance adjusters review the evidence, check the policy limits, and calculate their estimate of the accident and your injuries. Based on this, they submit to you an amount of money that they say is fair under the circumstances. Best practice after receiving a TBI settlement offer from an insurance company is to talk to an attorney. The attorney can review your case, the evidence, and the law to decide what they believe a fair settlement offer is. From there, they talk to you about your legal options and work with you to propose a counteroffer. Ideally, the back and forth continues until everyone agrees on a settlement offer. In some cases, however, the parties can’t reach an agreement out of court. In that situation, filing a traumatic brain injury lawsuit and going to trial may be your best option. A brain injury lawyer can file the lawsuit on your behalf and gather additional evidence needed to prove your case. What Happens If My Case Goes to Trial? If your case goes to trial, then a brain injury lawyer can represent you in court. In the months—or, sometimes, years—before trial, the parties engage in activities like discovery. During discovery, both sides ask the other side for key information about the accident, such as medical records, financial statements, and other important documentation. The parties use this information to prove their case (or disprove the opposing party’s case). During discovery, the parties may also interview witnesses outside of court (called a deposition). Discovery is a long but crucial process, paving the way to trial. In some cases, parties agree to settle the case after they complete the discovery process. At trial, both parties present their case to the jury (if a jury trial) or the judge (if a bench trial). They may call their witnesses to the stand and question the opponent’s witnesses. After both sides present evidence at trial, they give a closing argument. After this occurs, the jury (or judge, if a bench trial) considers the evidence, law, and arguments for each side. Then, they issue a decision. If the losing party does not agree with the decision that the jury or judge made, then they may be able to appeal. The Beliz Law Firm Understands Your Hurt and Wants to Help Suffering from a traumatic brain injury can take an immense toll on you and your family. At The Beliz Law Firm, we understand the pain endured by TBI victims and their families. We live to serve our clients—to help them heal and recover the compensation they need to move on. Michael Beliz lives and serves the public in Long Beach, California. For over a decade, The Beliz Law Firm has provided clients with small firm attention and big firm results. We take pride in treating our clients like people, not dollar signs. We regularly give back to the community because we care and want to make it a better...

Car Accidents

What Are Common Uber Accident Settlement Amounts?

May 19, 2022 | By Michael Beliz | Read Time: 6 minutes

Rideshare services such as Uber and Lyft continue to gain popularity in Southern California and around the country. Uber drivers transport passengers, packages, food, and more. More people signing on to be drivers means more cars on Los Angeles and Orange County roads. Additional cars on the road mean a greater chance of an accident. Pursuing a personal injury claim involving an Uber driver can be complicated. Understandably, injured victims want to know California’s average Uber accident settlement amounts. Unfortunately, every case is different, which means Uber car accident settlements will vary greatly depending on the circumstances. Your potential case value depends on individual factors. Uber is not always responsible for paying your damages either, which could also impact your compensation. If you suffered injuries in an accident with an Uber driver, contact the California rideshare lawyers at the Beliz Law Firm today. To help you better understand how much your potential settlement could be, here’s everything you need to know about pursuing an Uber accident claim in California. Uber Insurance Policies Rideshare companies understand that accidents happen, so they have large insurance policies to cover potential Uber accident settlement amounts. Uber has paid damages to injured rideshare passengers, pedestrians, motorcyclists, other motorists, and bicyclists. However, Uber policies don’t necessarily cover every accident involving an Uber driver. That is why we recommend hiring an attorney to assist you. Uber insurance policies only become primary in certain instances based on what the Uber driver was doing when the accident occurred. Uber liability coverage for an accident depends on the driver’s status. The breakdown is as follows. The Uber App Is Turned Off, or the Driver Is Offline If the Uber driver does not have their app turned on or they are offline, then the Uber driver’s personal auto insurance policy would be primary for the accident. The Uber Driver Has the App Turned On or Is Waiting for a Ride Request The Uber policy will provide coverage when the driver has the app turned on or is waiting for a ride. Usually, during this phase, the Uber driver’s personal auto liability policy denies coverage. However, the Uber policy coverage is lower in this type of accident. Applicable coverage is $50,000 in bodily injury per person, $100,000 in bodily injury for all parties in one accident, and $25,000 in property damage per accident. Uber Driver Was on a Trip or Traveling to Pick Up a Ride In accidents involving a driver with a passenger in the vehicle or en route to pick up the passenger, the Uber policy would apply with higher limits of up to $1,000,000. Factors that Impact a Potential Uber Settlement in California Various factors will impact your potential Uber accident settlement payout. It’s crucial to take the appropriate steps to build the best case possible. The more substantial evidence you have, the more money you may receive from a settlement or trial award. Type and Severity of Injuries One essential factor in your claim involves your injuries. If someone has soft tissue injuries that heal within three months, their case will be worth significantly less than a case where the victim has a spinal cord injury with permanent paralysis. Following a car accident, timely medical treatment is a necessity. Even though serious injuries may not be apparent immediately after a collision, pains and injuries may increase over the days and weeks following. Insurance companies will argue that you must not be that hurt because you waited weeks to see a doctor. Or they might allege something else happened in the meantime that caused your injuries, not the accident. Liability Liability is another factor that can impact your potential Uber settlement in California. California is a pure comparative negligence state. That means you can still collect a portion of your damages, even if you are partially at fault. However, your Uber accident settlement would be reduced by your percentage of fault. For example, if a jury determines you are 20% at fault, you will receive 80% of your damages. If the jury decides you are 70% at fault, you will only receive 30%. Determining liability for an Uber-related accident can be challenging. Complicated factors, such as what the Uber driver was doing when the collision occurred, and your role, can significantly impact your potential Uber accident settlement. If you were a passenger in an Uber vehicle and another vehicle was at fault for the accident, you would need to pursue a claim against the negligent motorist. If applicable then you may be able to bring an underinsured motorist claim against Uber to be fully compensated for your injuries. To maximize an Uber accident settlement payout, you need to build the strongest liability case possible. It doesn’t matter whether your claim is against Uber’s insurance company or the insurance company of another driver; the claims adjuster will do whatever possible to pin most of the liability away from them. Total Amount of Damages The total amount of damages also impact Uber accident settlement amounts. The more damages you have, the higher your case could be worth. Damages can be divided into two main categories—economic and non-economic damages. Your economic damages include tangible financial losses such as: Non-economic damages are harder to calculate because they are more subjective. They are pain and suffering, loss of consortium, emotional distress, and more. When you have the Beliz Law Firm representing you, we will work tirelessly to provide evidence of your damages. Liability, Insurance Policy Limits, and Damages Determine Settlement Amounts The amount of settlement will depend on the combination of liability, the policy limits, and the damages. The higher percentage of liability on the Uber driver with higher insurance limits plus serious injuries may lead to a greater settlement value. However, the opposite is true. The lower percentage of negligence on the Uber driver with the lowest limits of insurance and soft tissue injuries that go away quickly may equal a low value. There are a variety of combinations in between. Looking at...

Car Accidents

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.

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