They Are Taxable, But The Entire Sum is Not
In the Golden State, the entire sum of your personal injury settlement isn’t subject to taxation. Rather, only the portion aimed to offset your financial losses is taxed. This part is taxed at the highest marginal tax rate prevailing in the state, currently standing at 12.3%.
If you have any more questions about personal injury law or your unique case, feel free to book a complimentary case review with seasoned personal injury attorney, Belal Hamideh. The Support of a Personal Injury Lawyer
Suffering an injury due to another party’s carelessness or negligence can be devastating. In such instances, you are within your rights to seek compensation. California’s personal injury lawyer Belal Hamideh, with numerous years of rich experience, can assist you in securing maximum compensation for your injury.
Feeling uncertain about whether you’ve been injured due to someone else’s irresponsibility? Don’t hesitate to obtain a highly competent attorney’s advice. Reach out to Belal for a complimentary case evaluation. We cater to Spanish-speaking clients as well.
Worried about How Much Your Personal Injury Claim is Worth?
The value of your claim can be influenced by several factors including medical costs, lost income, endured pain, and more. Belal Hamideh concentrates his efforts on securing maximum compensation for his clients. You stand a chance to recover both economic and non-economic damages.
The compensation can cover your medical bills, prescription costs, therapy expenses, and lost wages. Furthermore, it can compensate for the intangible emotional distress you’ve suffered due to the injury. Belal partners with you to ensure you receive everything you rightfully deserve.
The Value of Competence in Personal Injury Cases
Belal Hamideh’s profound knowledge about the legal system and personal injury laws ensures you have a strong ally in your corner. This proficiency proves immensely beneficial when dealing with the complexities of the ever-changing legal system.
One of the prime benefits of having a proficient attorney by your side is the ability to properly evaluate your claim’s worth. That evaluation isn’t based on vague numbers or guesses but real-world experience. This thorough assessment ensures that you’re well-informed about potential outcomes, enabling you to make enlightened decisions about your case.
Types of Cases Belal Handles
Through the years, Belal has helped numerous clients win a wide array of personal injury cases. Some of these include:
Automobile Accidents:
Motorists are required to exercise a “duty of care” while driving. If they breach this duty through negligence or carelessness, the injured party deserves compensation. A personal injury lawyer can navigate the complexities of these cases to ensure justice is served.
Tractor-Trailer and Big Rig Accidents:
These are some of the most dangerous accidents involving massive vehicles. Belal and his team can figure out everyone responsible for your accident and then file a lawsuit against all involved.
Pedestrian and Bicycle Accidents: Accidents resulting from others’ carelessness can lead to serious injuries for pedestrians or cyclists. Having competent legal representation is vital to obtaining rightful compensation for your injuries and losses.
Motorcycle Accidents: Motorcyclists often find themselves in accidents where they’re not to blame. A personal injury lawyer can help determine who is liable and fight for your rights, making sure that you’re not left dealing with the consequences of someone else’s negligence.
Slip and Fall Accidents: If you slip, fall, and hurt yourself on someone else’s property due to a hazard they did not address, you may deserve compensation. A personal injury lawyer can hold the responsible parties accountable and ensure that you receive fair compensation.
Construction Site Accidents: Accidents at construction sites often involve more than one party. A seasoned attorney can conduct exhaustive investigations to identify all liable parties, allowing you to pursue claims against everyone responsible for your injuries.
Wrongful Death: In situations that involve the tragic loss of a loved one, a personal injury attorney provides unwavering support. They assist you in navigating the legal complexities, ensuring that you receive the compensation to which you’re entitled.
These are some of the case types Belal can assist with. Whether it’s dog bites or incidents involving rideshare apps like UBER, Belal can represent your rights and secure the compensation you rightfully deserve.
What Steps to Take After an Accident- An Essential Guide
If you ever find yourself in the unfortunate situation of an accident, how you respond in the aftermath is critical, affecting the course of potential proceedings. Safe extrication from the accident scene is of utmost importance; if possible, steer clear of any danger post haste. Next, reach out to the relevant authorities and seek medical attention, regardless of how trivial your injuries might seem at the onset.
While safety takes precedence, take time if possible to chronicle the incident. Exchange contact and insurance details with the other driver, maintain composure and courtesy and avoid accepting blame. Once these immediate steps are taken, now would be a good time to get in touch with Belal.
Understanding Personal Injury Attorney Fees
Belal’s payment structure operates on a contingency basis. As a client, this translates to zero upfront charges for you. Instead, Belal’s compensation will be a fraction of the successful resolution of your case. Thus, you only pay if your case is won. Typically, this sum will be deducted from your settlement offer.
This financial arrangement not only makes it possible for anyone to procure legal representation but also provides the attorney with a powerful motivator to aggressively advocate for your case.
California Personal Injury Claim Timeline: What You Need to Know
Generally, the statute of limitations for personal injury claims in California gives you two years from the date of the injury. However, this time could be unexpectedly shortened due to certain circumstances, underscoring the need to engage an attorney sooner rather than later.
Who Can be Held Accountable for My Personal Injury
Assigning fault is an intricate yet vital component of a personal injury case. Belal is proficient in identifying and establishing liability. It might be attributed to an imprudent driver, an employer’s negligence, a property owner, or a manufacturer. Whatever the scenario, Belal will meticulously investigate to trace and prove the liability. You can rest assured all possibilities will be examined to hold the right parties accountable.
Moreover, even if you had a part to play in the accident, it does not rule out the possibility of compensation. California’s “comparative negligence” doctrine allows for allocation of compensation in proportion to your level of blame, ensuring fair treatment regardless of shared responsibility.
Choosing Belal Hamideh: Proven Personal Injury Attorney in California
Facing the aftermath of a personal injury accident can be overwhelming and emotionally draining. This is where Belal Hamideh comes in. With his proficiency and experience, you can be confident that your case is in safe hands.
Belal’s approach extends beyond legal representation. He extends empathetic support, allowing you the time and space needed to focus on your recovery and overall well-being.
For a free case evaluation, feel free to contact us through our website or call us directly. Change the narrative of your personal injury into a personal triumph with Belal Hamideh.
CA Law for Personal Injury
The following laws may pertain to your case. For more information or if you have further questions, contact Belal Hamideh for a free case evaluation.
California Code, Civil Code – CIV § 1714
(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.
(b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.
(c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
(d)(1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death.
(2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.
California Code, Vehicle Code – VEH § 17150
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.
California Code, Vehicle Code – VEH § 17300
(a) A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.
(b) A person who willfully damages or destroys a memorial sign placed by the Department of Transportation, including, but not limited to, a sign memorializing a victim under Section 101.10 of the Streets and Highways Code, is liable for that damage or destruction for the highest of the following amounts:
(1) One thousand five hundred dollars ($1,500).
(2) The actual repair cost or replacement cost, whichever is applicable.
(c) A person who willfully or negligently causes or permits the contents of a vehicle to be deposited upon a street or highway, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances.
(d) The liability stated in this section also applies to an owner of a vehicle operated with the owner’s permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.
(e) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may present claims for liability under this section, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this section.
(f) If the Department of Transportation or a local authority provides services on a highway outside its jurisdiction, at the request of the department or the local authority that has jurisdiction over that highway, the department or the local authority may present a claim for liability for rendering this service under this section, bring actions for recovery thereon, and, in its discretion, settle and compromise the claim.
California Code, Vehicle Code – VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code – VEH § 17301
(a) Any person driving any vehicle, object, or contrivance over a highway or bridge is liable for all damages which the highway or bridge may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight specified in this code which is operated under a special permit issued by the Department ofTransportation.
(b) Whenever the driver is not the owner of the vehicle, object, or contrivance but is operating, driving, or moving the same with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage.
California Code, Vehicle Code – VEH § 20003
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver’s vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
(b) Any driver or injured occupant of a driver’s vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver’s license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
California Code, Vehicle Code – VEH § 20004
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
California Code, Vehicle Code – VEH § 34620
(a) Except as provided in subdivision (b) and Section 34622, a motor carrier of property shall not operate a commercial motor vehicle on any public highway in this state, unless it has complied with Section 34507.5 and has registered with the department its carrier identification number authorized or assigned thereunder, and holds a valid motor carrier permit issued to that motor carrier by the department. The department shall issue a motor carrier permit upon the carrier’s written request, compliance with Sections 34507.5, 34630, and 34640, and subdivisions (e) and (h) of Section 34501.12 for motor carriers listed in that section, and the payment of the fee required by this chapter.
(b) A person shall not contract with, or otherwise engage the services of, a motor carrier of property, unless that motor carrier holds a valid motor carrier of property permit issued by the department. A motor carrier of property or broker of construction trucking services, as defined in Section 3322 of the Civil Code, shall not contract or subcontract with, or otherwise engage the services of, a motor carrier of property, until the contracted motor carrier of property provides certification in the manner prescribed by this section, of compliance with subdivision (a).
This certification shall be completed by the contracted motor carrier of property and shall include a provision requiring the contracted motor carrier of property to immediately notify the person to whom they are contracted if the contracted motor carrier of property’s permit is suspended or revoked. A copy of the contracted motor carrier of property’s permit shall accompany the required certificate. The Department of the California Highway Patrol shall, by regulation, prescribe the format for the certificate and may make available an optional specific form for that purpose. The certificate, or a copy thereof, shall be maintained by each involved party for the duration of the contract or period of service plus two years, and shall be presented for inspection at the location designated by each carrier under Section 34501.10, immediately upon the request of an authorized employee of the Department of the California Highway Patrol.
(c)(1) A motor carrier of property shall not retrieve a vehicle through the use of a tow truck, as defined in subdivision (a) of Section 615, from the premises of another motor carrier of property until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to another motor carrier of property utilizing a tow truck, as defined in subdivision (a) of Section 615, until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. The motor carrier releasing the vehicle shall maintain a copy of the motor carrier permit for a period of two years after the transaction, and, upon the request of an authorized employee of the Department of the California Highway Patrol, shall immediately present the permit for inspection at the location designated by the releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant to the Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code).
California Code, Code of Civil Procedure – CCP § 335.1
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
California Code, Code of Civil Procedure – CCP § 338
Within three years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party’s agent, or the law enforcement agency that originally investigated the theft.
(3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant’s agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller’s permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner’s family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action upon the bond.
(f)(1) An action against a notary public on the notary public’s bond or in the notary public’s official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary public on the notary public’s bond or in the notary public’s official capacity shall be commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction.
(l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
(o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection.
(p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code.