Legal Blog

Average Personal Injury Settlement Amounts

Jun 16, 2018 | By Michael Beliz | Read Time: 4 minutes

No one really knows the “average” amount of compensation injured victims receive in a personal injury settlement. Many different factors are in play that no two cases are exactly alike. Rather than worry about the “average” amount of money available, you should strive to better understand what factors go into determining how much compensation our clients receive. Calculate Your Economic Damages Economic damages are damages you can prove with a bill or a receipt. Medical Treatment For example, many of our clients need medical treatment to deal with their injuries, such as: Surgery Doctor’s visits Rehabilitation Transportation to the hospital Prescription drugs Over-the-counter drugs Equipment, such as crutches, wheelchairs, braces, etc. Injured victims can receive compensation for all of the medical treatment that is related to the personal injury accident. If the injuries are serious, you can receive a payout for future medical care as well. For example, clients who have been paralyzed or suffered a traumatic brain injury might need at-home care for the rest of their lives. Loss Wages Additionally, loss wages is another form of economic damages. If your injuries have kept you out of work, you can receive money to replace the amounts lost. In addition to past loss wages, you can be compensated for future loss wages. Keep any proof of your income, such as: Paystubs 1099/W-2 forms from employer Tax returns Other proof of self-employment income You can also make a claim for loss of earning capacity. This is where you could have made more salary in a different profession if not for the injuries from the accident. For example if you just passed the board exams to become a doctor and received a brain injury from an accident, you may have a claim for loss of earning capacity for years of not being paid like a medical doctor. Property Damage Also, you can receive compensation to replace any property damage, such as damage to your car involved in a collision. Further you may recover rental car charges, towing bills, storage costs, and loss of use. Hold onto repair estimates, charges, or bills that show how much it cost to repair or replace the vehicle and anything else related to the vehicle. Estimate Your Non-Economic Losses California allows injured victims to receive a sum of money for intangible harms like pain and suffering. These injuries are harder to measure in dollars and cents because there is no receipt or bill attached to them. However, you can still receive compensation for these harms, such as: Physical pain Emotional distress Loss of enjoyment of life Disfigurement In some situations, your spouse might also have a claim for “loss of consortium,” meaning negative changes to your marriage caused by the accident. For example, they might have suffered loss of companionship, sexual intimacy, or services of the household as a result of the accident. Estimating the amount of non-economic losses is tricky. Clients may receive some multiple of their economic losses in non-economic damages or the cost of the daily loss of enjoyment spread out for the rest of their life. You can maximize your non-economic damages by carefully documenting your pain and suffering. For example, keep a pain journal where you note the location of pain every day and its intensity. Also explain how the injury has affected your mental health and whether it has prevented you from enjoying your favorite hobbies. Identify Whether You Were Partially at Fault for the Accident California law recognizes that victims sometimes contribute to their injuries by being negligent themselves. For example, you might have been reading a text message while driving when another car slammed into you. Or you might not have been paying attention to where you were walking when you tripped over a hazard and injured yourself. A victim’s own negligence is called “contributory negligence” and it can affect the amount of money you receive. Fortunately, personal injury victims can still pursue settlement or a lawsuit if someone else is at least 1% responsible for the accident. However, your settlement will be reduced by your proportion of fault. For example, your injuries might be worth $100,000, but you were 50% responsible for the accident. In this case, you will only receive $50,000 in compensation. If you were 80% responsible, then you would receive only $20,000. During settlement negotiations, your lawyer will try to minimize your proportion of fault. The larger percentage you can place on the other party, the greater likelihood the other party will will negotiate. Therefore before your lawyer can advocate effectively, however, he needs to know what you were doing right before the accident, so always be honest with your lawyer. Analyze the Defendant’s Assets To receive compensation, the other side must have some assets so that they can pay you. California law states that every driver on the roadways and highways must have automobile liability insurance. Even though another person caused the accident, the insurance company will be the one compensating you for your damages. If you were injured by a business employee, then you may be able to hold their employer responsible for your injuries. This concept is called “respondeat superior” and it holds companies liable when their employees injure someone in the scope of their employment. Often, suing a business is better than suing an individual because a business has deeper pockets, but everything depends on the circumstances. If your injuries happened at someone home like from a dog bite, the person’s homeowners policy may contribute to your compensation. A business general liability insurance for may cover you when an accident occurs on the business property like a slip and fall. If someone without insurance hits you in traffic or does not have a homeowners policy, you might not receive anything in a settlement or judgment, especially if the driver/homeowner has no income, savings, or other assets. Therefore, it is especially important to investigate if the negligent party has insurance. Our Results No lawyer can promise a result, and no two cases...

Truck Accidents

What Should I Do if I am Rear-Ended by a Semi-Truck

Jun 11, 2018 | By Michael Beliz | Read Time: 3 minutes

Getting Rear-Ended by a Semi-Truck Often Leads to Serious Injuries Settling with the insurance company after an accident like this is usually a big mistake. An experienced truck accident lawyer can make sure you aren’t stuck with unfair bills and worries after the crash. With Michael Beliz, consultations are free, so call today. Learn more about what you should do after a crash: Semi-trucks, also called tractor-trailers or big rigs, can cause devastating injuries when they collide with passenger vehicles. These trucks can weight 50,000-80,000 pounds when fully loaded, up to 40 times the weight of a passenger vehicle. Unfortunately, crashes involving semis seem to be on the rise. According to statistics kept by the Federal Motor Carrier Safety Administration, there were over 4,000 large trucks involved in fatal accidents in 2015, almost a 10% increase over the year before. Furthermore, there were 87,000 large trucks in accidents that caused bodily injuries. If you have been rear-ended by a semi-truck, remember the following tips. Call the Police If you don’t call the police, you are making things harder for yourself. Once the police arrive, they will make a police report identifying the parties involved in the collision and any witnesses. The officer also might identify who is at fault for the accident. A police report is a great way to jumpstart the evidence-gathering process. If you are too hurt to call the police, ask someone else to call for you. Seek Medical Treatment There is no way around it—semi trucks can cause catastrophic injuries to those involved. In addition to death, they cause the following serious injuries: Broken bones Crushed limbs Amputations Head injuries Back injuries Spinal cord injuries Pinched nerves Paralysis Even if the injuries are not apparent immediately after the collision, you should seek medical attention immediately. Many types of injuries, like traumatic brain injuries and internal bleeding, may not be visible or felt at the accident site. It may take days for the pains to appear, which may be too late. Therefore you should go to a medical provider to get a thorough physical examination. Do Not Talk to the Semi Truck Insurance Insurance Do not talk and admit that you did something wrong that led to the crash. Anything you say can be used against you later, so always stay quiet. There is no law that says you must talk to the insurance company regarding the facts or injuries of the claim. If an insurance adjuster wants to speak to you, have them contact your lawyer first. Collect Evidence In order to receive compensation, you need to show that the semi-truck driver was responsible for the crash. And to prove who was at fault, you will need evidence. Remember to gather the following: Take pictures of the final resting place of the semi-truck and any vehicles involved. Use your smartphone and ask a bystander to take pictures if you can’t move around. Get the name of the driver of the semi-truck plus get the insurance information. Take photos of the semi-truck both of the cab and the cargo area. Get a copy of the police report. Identify witnesses if they are not identified in the police report. Your lawyer will find this information helpful when analyzing whether you can have a case and the determination of the value of the case. Hire a Long Beach Truck Accident Lawyer To make a claim against the trucking company’s insurer, you need a seasoned advocate in your corner. Insurance companies play tough, trying to settle claims for as little as possible. Instead of negotiating with the insurance agent on your own, you should hire a truck accident lawyer who will fight for your rights. At the Beliz Law Firm, we have over a decade of experience in personal injury law and have helped numerous clients reach favorable results in their cases. To schedule a free consultation, contact 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.

Pedestrian Accidents

Common Reasons Why Pedestrian Accidents Happen in California

May 30, 2018 | By Michael Beliz | Read Time: 4 minutes

Walking might be a healthy alternative to driving, but walking is also risky. Pedestrians, unlike motorists, are completely unprotected in a collision, which dramatically increases their chances of death or serious bodily injury. Furthermore, many hazards exist for the unwary pedestrian, who can slip or trip and injure themselves on public or private property. If you have suffered an injury, you should contact a Long Beach pedestrian accident lawyer to begin building your case for compensation. Car Accidents By far, the biggest danger to pedestrians is a motor vehicle. Drivers strike pedestrians all the time. According to the National Highway Traffic Safety Administration (NHTSA), 4,735 pedestrians were killed in 2013 and another 66,000 were injured in traffic crashes. According to the Los Angeles Times, California is a leader in pedestrian deaths, with about 700 in 2014. Although the number of deaths has not increased with population growth, it also has not fallen, either. Drivers do not intend to collide with pedestrians. Nevertheless, they tend to collide for the following reasons: Driving under the influence. Drugs and alcohol suppress reflexes and make it difficult for drivers to process information. Unfortunately, driving while impaired continues to be a serious problem in California. Statistics show that alcohol or drugs play a role in about 1 out of 7 pedestrian accidents. Poor visibility. Rain, fog, and smoke can make it difficult for drivers to see pedestrians. Also, pedestrians are less visible in the dark than during the day. Unfortunately, many pedestrians do not wear reflective clothing, so drivers never see them. Distracted driving. There are endless distractions nowadays. Drivers can easily get distracted by reading or sending a text message or talking on the phone. Other distractions include conversations with people in the car, adjusting controls, and eating or drinking. All it takes is a split second for a driver to take their eyes off the road and they can quickly come upon a pedestrian. Driving too fast. The faster a vehicle travels, the less time it has to stop. Indeed, even hitting the brakes will not stop a vehicle in time to avoid a collision if it is traveling too fast. For this reason, driving too fast is a leading cause of crashes. Small children. Young children crossing a road might be invisible to drivers because of their size. Unfortunately, young children are also the most vulnerable to devastating injuries when struck by a moving vehicle. We also cannot avoid mentioning that pedestrian carelessness can contribute to accidents as well. Pedestrians are expected to follow traffic safety rules and cross at the crosswalk. Unfortunately, too many pedestrians make errors that end up putting them in harm’s way, such as jaywalking or trying to run in front of vehicles. Furthermore, distracted walking is a disturbing emerging trend. Just as drivers become distracted by phones and other electronic equipment, pedestrians with their nose pressed against their smartphone do not hear cars or see them approaching. Distracted walkers can, unfortunately, contribute to their own deaths or bodily injuries. Trips and Falls Pedestrians can also suffer serious injuries by tripping and falling. Few people watch carefully where they are stepping, instead of assuming that the parking lot or sidewalk will be level and free of holes or other hazards. However, as pedestrians soon find out, they can easily slip or trip and suffer a head or other injury after falling. In California, pedestrians can trip or slip over the following: Uneven steps in a staircase; Uneven and cracked sidewalks; Liquid gathered on a walking surface; Gathered rainwater in the parking lot or outside the entrance to a store The key to receiving compensation will be to show that the premises owner did not manage their property with reasonable care by fixing hazards or warning people about them. If you tripped on a public space, such as a road or sidewalk, you can sue the state or one of its municipalities, but you will need a Long Beach pedestrian accident lawyer help you meet the strict requirements. Apportioning Fault California law recognizes that both pedestrians and drivers can be responsible for a collision. In some states, any negligence on the part of the pedestrian will keep him or her from bringing a lawsuit for financial compensation. Fortunately, California has changed its approach to the law and does not bar an injured victim from receiving damages. Instead, California has adopted a pure comparative negligence scheme which allows an injured victim to receive compensation so long as someone else is at least 1% responsible for the crash. Therefore a party is responsible for compensation up to the level of his or her negligence. Comparative negligence applies in all cases, including trip and falls. If a person had tripped over a hole in a parking lot because she was reading a text message, then a jury might believe she is partly responsible for the accident because she was distracted. Speak with a Pedestrian Accident Lawyer in Long Beach Injured pedestrians face a future of mounting medical bills and potential lost wages, in addition to pain and suffering. At the Beliz Law Firm, we have met with many injured pedestrians looking for hope that they can begin to repair their lives. Fortunately, we have obtained favorable settlements or verdicts for many of our clients, and we are offering our services to help you. To schedule your free consultation, please reach out today. Do not delay.

Dog Bite Injury

Tips for Treating a Dog Bite

May 28, 2018 | By Michael Beliz | Read Time: 2 minutes

Each year, almost five million Americans are bitten by a dog. This number is likely too low since many people do not report dog bites to the authorities. If a dog bites you, you should immediately treat the wound to stop bleeding and prevent infection. Clean the Wound Dog bites can be superficial or very deep. After a bite, you should immediately stop the bleeding by applying pressure with a clean towel. Also, elevate the wound above the heart. If you cannot stop the bleeding with pressure, go immediately to the hospital to have the wound looked at. Once the bleeding has stopped, you can wash the wound very carefully with soap and water. Be careful not to make the wound start bleeding again. Once the wound is clean, put a sterile bandage over it. You should also apply antibiotic ointment every day to prevent infection. You can buy this ointment over the counter at the pharmacy. Look for Infection Some dog bites become infected because all kinds of bacteria live inside the dog’s mouth. If you properly cleaned the wound, you can minimize the risk of infection. Nevertheless, stay alert to the following signs that the wound has become infected: Redness Puffiness Pus drainage Painful to the touch A doctor can assess the wound and prescribe a treatment of antibiotics to treat the infection, if necessary. Visit the Hospital Some dogs bite because they are anxious, overly excited, or angry. But other dogs might have rabies or another disease. If the bite wound is severe, you should immediately go to the hospital so that you can receive the proper medical treatment. Many times, medical professional will clean and wash out the wound plus wrap it in sterile gauze. You might also need a tetanus or a rabies shot. If the wound is or becomes infected, the dog bite area may need to be drained and sutured up. Also, remember to report the dog to authorities so that they can investigate. Dealing with Catastrophic Injuries Some dogs cause devastating injuries, especially to visible parts of the body like the face. In these unfortunate situations, victims often need reconstructive surgery to repair the damage. Victims might also need skin grafts to close the gaping wounds in their body. In these incidents, victims may need to see a plastic surgeon for scar removal. In many instances, a serious bite wound will become sensitive or numb to touch. If this is the case, a medical consultation with a neurologist may be needed to determine if the area to the wound will ever feel again. Speak with a Long Beach Dog Bite Attorney Dog bites can cause serious physical and emotional injuries, and injured victims are entitled to compensation. At the Beliz Law Firm, our first priority is our clients. We offer a free, no-obligation consultation where we will sit down and listen to you describe the events that led up to the dog bite. If we think you have a valid legal claim against the owner, we can help you begin building your case. To see what we can offer, please call 562-452-3772. Do not delay. California does not give injured victims an unlimited amount of time to seek financial compensation.

Brain Injury Lawyer

Difficulties in Dealing with Brain Damage from a Car Accident

May 18, 2018 | By Michael Beliz | Read Time: 3 minutes

The sheer force created by a car collision can leave devastating injuries such as broken bones and spinal cord damage. However, traumatic brain injuries (TBIs) are another injury that can forever change a victim’s life. If you or a loved one has suffered a severe TBI, you might face years of rehabilitation that can cost tens of thousands of dollars—or more. To see what compensation is available, please reach out to a Long Beach car accident lawyer today. Complications from Moderate and Severe TBIs Unlike a concussion, which is a mild TBI, moderate and severe TBIs often do not clear up in a couple of weeks. Instead, victims deal with significant symptoms for months or years later. For example, you might experience the following: Cognitive impairment. Victims struggle to process information and problem solve. Memory problems. In particular, short-term memory is often affected. Impaired communication. Those with severe TBIs often struggle to speak or to understand the language of other people. Diminished mobility. You might experience weakness in your limbs and problems with balance, coordination, or movement. Sensory deficits. Victims might experience a decline in their ability to see, hear, touch, taste, or smell. Physical pain. Patients can suffer from headaches for years after a collision. Emotional or behavioral changes. Patients might become more irritable or struggle to control anger. They also can experience mood swings. The precise symptoms you suffer will depend on the severity of the TBI and the part of the brain that has been affected. Treatment and Rehabilitation In the immediate aftermath of a traumatic injury, the focus will be on stabilizing the patient. You might have to spend time in the hospital where doctors can help you breathe and also monitor your vital signs. If your skull was a fracture, or if you develop blood clots or bleeding, then you might need to have surgery. Once stabilized, victims undergo an assessment to gauge how the TBI has impaired them. Generally, doctors only treat the symptoms associated with the TBI. For example, you might participate in rehabilitation to recover functioning: Speech therapy can help you relearn how to talk and how to understand other people speaking. Physical therapy can increase strength and mobility. Occupational therapy can teach the tasks of daily living, such as bathing and cooking. Behavioral therapy helps manage mood swings and negative emotions. Family members, along with their injured loved one, might also benefit from meeting with a support group. These groups, comprised of other TBI patients and family members, can serve as a welcome sounding board for complaints and fears about living with the brain injury. Injured in an Accident? Contact a Long Beach Brain Injury Lawyer Many victims of severe TBI are permanently disabled and unable to work. They might also need an at-home aid or attendant to take care of them, which will cost thousands of dollars a month. TBI victims and their families should seek financial compensation if someone else is at least partly to blame for the injury. If successful, you can receive compensation for medical bills, lost wages, and pain and suffering. To check whether you have a case, meet with a Long Beach brain injury lawyer at the Beliz Law Firm. Call 562-452-3772 or submit our contact form. Initial consultations are free.

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.

Truck Accidents

Will I Have to File a Trucking Accident Lawsuit?

May 3, 2018 | By Michael Beliz | Read Time: 2 minutes

When you become involved in a collision with a large truck in Southern California that results in serious personal injuries and significant property damage, you are likely wondering: will I have to file a trucking accident lawsuit? Before you try to decide on your own about the best way to proceed with your case, it is important to work with a California truck accident lawyer who can tell you about your options. In addition, you may be able to receive compensation through an insurance claim, but it also may be necessary to file a lawsuit to receive the compensation you deserve. We will tell you a bit more about the process and how truck accident claims typically work. No matter what, it is important to reach out to a truck accident attorney as soon as possible. Under California law, you will likely have only two years and as little as six months from the date of the accident to file your claim. Contacting the Insurance Company and Negotiating a Settlement If you become injured by a large truck, a semi-truck, or an 18-wheeler in California, it is likely that you sustained severe and debilitating injuries. In addition, you may have suffered massive property damage. Also, it is important to report the accident to your own auto insurance company after the collision. However, you should recognize that even your own insurance company may be only able to assist you in the property damage part of your case and not your injuries. While you should report the accident immediately to your insurance company and answer basic fact-based questions. Your California truck accident lawyer can assist you with your medical issues, and handle negotiations with your insurance company, and with the trucking company’s insurer, on your behalf. It may be possible to negotiate a settlement with the help of your attorney in the claim stage. However, if your injuries are serious, you may need to file a trucking accident lawsuit. Filing Your Lawsuit with the Help of a Long Beach Accident Lawyer If you do need to file a trucking accident lawsuit, this may mean that you will need to understand it may take some time to get compensation through a settlement. Your truck accident lawyer can discuss options with you for filing a claim against the responsible party. Which may be any of the following depending upon the specific facts of your case: Truck driver; Trucking company; Truck owner; Truck loader; Manufacturer of a truck part; Designer of a truck part; or Mechanic who improperly serviced the truck. You may be able to name multiple defendants in your lawsuit. In many cases, even trucking accident lawsuits get settled before a trial, and plaintiffs receive the compensation. Contact a California Truck Accident Attorney Your California trucking accident attorney can help with every step of the process. We can ensure that you become treated fairly by the insurance company present the best possible case if you need to turn to a trucking accident lawsuit. Contact the Beliz Law Firm today for more information or to get started on your case.

Slip and Falls

What Type of Settlement Can I Expect from a Slip and Fall Ankle Injury?

Apr 25, 2018 | By Michael Beliz | Read Time: 3 minutes

Did you recently slip and fall at a small business in Southern California or at a private residence in Long Beach? Regardless of where you slipped and fell, you may be able to obtain compensation. The accident must have resulted from the property owner’s (or property manager’s) negligence. Under California law, property owners, as well as anyone who rents, occupies, or otherwise controls property, has a basic duty of care to people on the property. Specifically, the property owner must “use reasonable care to keep the property in a reasonably safe condition.” If a slip and fall accident occurs because a property owner failed to use reasonable care to keep the property in a reasonably safe condition, the injury victim may be able to obtain an insurance settlement or to seek compensation through a settlement after filing a premises liability lawsuit. What type of settlement can you expect to receive for a slip and fall ankle injury? Seeking Compensation through an Insurance Policy The first step in determining the type of settlement you can expect to receive from a slip and fall ankle injury is establishing the four elements of negligence. These elements are duty, breach, causation, and damages. Whether you may be eligible to obtain compensation through an insurance policy for your injuries depends on the facts concerning each of the negligence elements. If you slipped and fell at a local business or at a private residential property, you may be able to obtain a settlement from an insurance company. If your slip and fall occurred at a Long Beach business, the commercial property insurance policy for the business may provide coverage for your slip and fall ankle injury. Likewise, if you slipped, trip, and fell at a private residence and the owner has homeowners’ insurance, you may be able to file a claim through the homeowner’s insurance policy. It can take weeks, months, or even years to negotiate a settlement with an insurance company. But you may be able to obtain a settlement that includes both economic and non-economic damages. Economic damages provide compensation for direct financial losses. They include things like the surgery costs and lost wages due. It is common for people to miss work with serious injuries. Non-economic damages cover subjective losses such as pain and suffering. If, for instance, you fractured multiple bones in your ankle and are in serious pain as a result of the slip and fall accident, you may be able to negotiate a settlement that includes compensation for pain and suffering. When an Insurance Claim Settlement is Insufficient, You May Be Able to File a Lawsuit If you cannot obtain the compensation you deserve through an insurance claim, you may be able to negotiate a settlement after filing a lawsuit against the negligent party. A premises liability lawyer can negotiate with the defendant. They will show that they can prove the defendant’s negligence and thus responsibility for the accident under California law. When a plaintiff’s case involves strong evidence of the defendant’s liability and your documentation of your injuries, the defendant may be willing to settle the case instead of taking it through a trial and to a judge or jury. In such a case, the compensation may include both economic and non-economic losses. Contact a Long Beach Premises Liability Lawyer If you sustained an ankle injury in a slip and fall accident, a California premises liability lawyer can help you to get the settlement you deserve. Contact the Beliz Law Firm today.

Wrongful Death

Settling a Wrongful Death Claim

Mar 2, 2018 | By Michael Beliz | Read Time: 2 minutes

Trials are not always necessary to resolve a wrongful death lawsuit. Sometimes the parties reach an amicable settlement agreement outside of the courtroom, either before or after the proceedings begin. A settlement agreement is a legally binding contract in which one party forgoes his or her claim if the other party pays the amount set forth in the settlement. A settlement is enforceable if agreed to in a writing signed by the parties outside the courtroom or if agreed to orally before the court. The parties may then move for the court to enter judgment according to the settlement terms. California law authorizes courts to enforce such agreements. Yet, a settlement agreement does not necessarily resolve all the claims against a particular wrongdoer. For example, the decedent’s surviving spouse might decide to settle, while the decedent’s parents — if financially dependent upon their child — might choose to go to court. What Is a Wrongful Death Claim? A wrongful death claim arises under California law when a person dies because of another person’s negligent or wrongful act. The survivors of the victim may file a civil lawsuit seeking monetary damages from the wrongdoer. California permits spouses, children, parents and other relatives to file wrongful death claims under certain circumstances. It is important to understand the types of compensation available to those who choose to file a wrongful death claim. Specifically, there are two general categories of damages that survivors may seek. These are economic and noneconomic. Common economic damages awarded in wrongful death cases include medical bills, financial support (the amount the decedent would have contributed to the family over the course of his or her lifetime), and funeral and burial expenses. Noneconomic damages can be difficult to quantify. They compensate survivors for the loss of the decedent’s love, companionship, and moral support, among other nonfinancial losses. Negotiating a Settlement Agreement The amount of damages awarded in a wrongful death lawsuit depends on the facts of the case and the policy limits of the insurance. However, claims can often settle for millions of dollars. An experienced attorney can examine the facts of your case and help you determine your best course of action. This could be to seek or accept a settlement agreement or proceed to trial. Contact Us Today for Assistance Moving forward after losing a loved one can be a difficult process, which is only compounded by mounting bills. If you find yourself in this situation, we advise you to reach out to a skilled attorney for help with your case. Contact our office in Long Beach, California for a free consultation if your loved one was killed because of another person’s negligent or wrongful act. Our personal injury attorneys will help resolve your wrongful death claim and help recover compensation for your loss.

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