Got questions about your case? Our Frequently Asked Questions section has answers to common legal concerns. If you need more help, contact us for a free consultation!
You can’t just shrug off your shoulders when you get into an accident. The first thing you must do is not leave the scene. If the other driver leaves, make sure to take photos of the license plate number. This will help the authorities find them. No matter how you feel, never apologize to the other driver. What should you do next? Should you call an accident attorney?
When to Call an Accident Attorney?
Many people would wait until their injuries heal before they’d call an attorney. However, the best time to call is: as soon as you can. This is especially true if someone else is involved and has been injured. If the accident resulted in significant property damage, you need to dial your preferred attorney. Most of all, if you are facing medical bills, lost wages, or other financial losses because of the accident, call your lawyer.
How to Choose the Right Lawyer?
You don’t want to be in this predicament where you need to call an attorney because you get into an accident. But you can’t control every situation while you’re on the road or anywhere. If you need to hire an accident lawyer, there are key factors to consider:
Experience
Look for a lawyer who has experience handling cases similar to yours. Ask how long they have been practising, and what percentage of their practice is devoted to personal injury cases.
Reputation
Do some research to see what past clients have said about the lawyer's services. Look for online reviews or ask for references from the lawyer.
Communication
Choose a lawyer who is easy to communicate with and who keeps you updated throughout the legal process. They should be responsive to your questions and concerns.
Fees
Find out how the lawyer charges for their services. Most personal injury lawyers work on a contingency fee basis. Before you hire an attorney, know his/her fee structure.
Personal connection
It's important to choose a lawyer who you feel comfortable working with and who you trust to handle your case. You should feel confident that they have your best interests in mind.
Location
Choose a lawyer who is located near you, or who is willing to travel to your location if necessary. This can make it easier to meet with them in person and attend court hearings.
How to File an Injury Claim?
Should you file it yourself? It depends on your circumstance. But generally, it is advisable to have an experienced personal injury lawyer file your injury claim on your behalf. The reason for this is that lawyers have extensive knowledge of the laws and regulations governing injury claims. They know how to navigate the legal system and are familiar with the procedures for filing claims. Proving negligence is often a crucial part of a personal injury claim. An experienced lawyer knows how to gather evidence, interview witnesses, and build a strong case to prove negligence.
How to Deal with Insurance Companies?
It’s not that easy, unfortunately. Hence, we highly recommend calling our accident attorney, Belal Hamideh to work with you to win your case. You may schedule a free consultation with us through the contact form or via phone call.
When to Call an Accident Attorney?
Many people would wait until their injuries heal before they’d call an attorney. However, the best time to call is: as soon as you can. This is especially true if someone else is involved and has been injured. If the accident resulted in significant property damage, you need to dial your preferred attorney. Most of all, if you are facing medical bills, lost wages, or other financial losses because of the accident, call your lawyer.
How to Choose the Right Lawyer?
You don’t want to be in this predicament where you need to call an attorney because you get into an accident. But you can’t control every situation while you’re on the road or anywhere. If you need to hire an accident lawyer, there are key factors to consider:
Experience
Look for a lawyer who has experience handling cases similar to yours. Ask how long they have been practising, and what percentage of their practice is devoted to personal injury cases.
Reputation
Do some research to see what past clients have said about the lawyer's services. Look for online reviews or ask for references from the lawyer.
Communication
Choose a lawyer who is easy to communicate with and who keeps you updated throughout the legal process. They should be responsive to your questions and concerns.
Fees
Find out how the lawyer charges for their services. Most personal injury lawyers work on a contingency fee basis. Before you hire an attorney, know his/her fee structure.
Personal connection
It's important to choose a lawyer who you feel comfortable working with and who you trust to handle your case. You should feel confident that they have your best interests in mind.
Location
Choose a lawyer who is located near you, or who is willing to travel to your location if necessary. This can make it easier to meet with them in person and attend court hearings.
How to File an Injury Claim?
Should you file it yourself? It depends on your circumstance. But generally, it is advisable to have an experienced personal injury lawyer file your injury claim on your behalf. The reason for this is that lawyers have extensive knowledge of the laws and regulations governing injury claims. They know how to navigate the legal system and are familiar with the procedures for filing claims. Proving negligence is often a crucial part of a personal injury claim. An experienced lawyer knows how to gather evidence, interview witnesses, and build a strong case to prove negligence.
How to Deal with Insurance Companies?
It’s not that easy, unfortunately. Hence, we highly recommend calling our accident attorney, Belal Hamideh to work with you to win your case. You may schedule a free consultation with us through the contact form or via phone call.
You’ll need to discuss your claim with a California product liability lawyer if you’ve been injured because of a design error or a product defect in an item. This personal injury claim in California will cover your injuries or the damages ensued as a result of a faulty product or component.
Speak to a California Product Liability Lawyer First
Before you do anything, schedule an appointment with a lawyer who regularly handles product liability claims. Find out more about your rights and how you can receive equitable compensation for the injuries you’ve received.
In California, you have to file a product liability claim within two years from the date of your injury, or from the date you discovered you were injured because of the product defect. It is wise then to speak to an attorney as soon as you can to ensure you receive compensation for medical costs and damages. Otherwise, you’ll forfeit your right to file a lawsuit for the costs of your care or lost earnings.
What Is a Defective Product?
Sometimes a product does not work as we intend. It may malfunction because of a design mistake or may have been damaged when it was manufactured. Any defect can be dangerous. Therefore, any lack of quality control can open up a business to getting sued.
If a product features a defect in its design, the flaw usually stems from how the product was configured for use. Therefore, every product that uses the same design will exhibit the same defect. If the manufacturer knew of the conceivable dangers in the design, you may have grounds to file a lawsuit.
As noted, sometimes defects emerge during the manufacturing process. In this case, the defect may happen during assembly or processing. If this happens, it usually occurs in fewer units. To prove your case, a California liability product lawyer must show that the product was already defective when it was shipped from the factory.
Types of Product Liability Cases
A product liability case may take one of three forms.
Suing for Negligence
In the case of negligence, the lawyer must show that the design was carelessly configured, which led to an injury. A company owes its customers a duty to sell safe products. Therefore, selling a defectively designed product is a breach of this obligation.
Strict Liability Cases
In strict liability cases, the plaintiff must prove that there was, indeed, a defect, which directly caused an injury. If the defect exists, the manufacturer must pay for the damages. It does not matter if they were careful about the process, they still owe the money for the claim.
However, this type of claim does not apply to a secondhand purchase. To receive compensation, the buyer must purchase the product in accordance with the chain of distribution.
Breaches of Warranty - Expressed and Implied
A breach of warranty may cover a warranty that is either expressed or implied. An express warranty covers the way a retailer or manufacturer represents an item for sale. On the other hand, an implied warranty comes with the implication that a product, when used as intended, will not cause the user harm.
Class Action Lawsuits
In some cases, a California product liability lawyer will set up a class action lawsuit if a large number of claimants are filing the same claim, or have been injured in the same way.
Individual Claims
If the injury is severe or unique, the filing of an individual claim is more appropriate.
How to Successfully File a Claim
To be successful in filing a defective product lawsuit in California, the plaintiff must show they experienced an injury or monetary loss because of a defective product they purchased and used.
He or she must also show they used the product correctly. When you retain the services of a skilled California product liability lawyer, he or she can prove the above criteria so you can receive the maximum value for your claim.
Average Settlements
According to the Insurance Information Institute (III), most personal injury claims for product defects are settled out of court with the courts awarding average settlements of $95,000 (in 2018). Many of the claims made have to do with children’s products.
What Damages Can You Recover?
Because a medical condition or physical injury can notably affect the way you live your life, receiving compensation for a defective product claim may involve the following damages:
Lost wages from missed work
The loss of the means to make a living
Current and ongoing medical costs, including hospital stays, prescription medicines, and rehab
Pain and suffering, including emotional distress
Punitive damages to discourage a business from selling unsafe products in the future
What you receive in compensation will depend on the type of defect and the extent and severity of your injuries. Naturally, you’ll receive more money if you were severely hurt or suffered a permanent disability or impairment.
Product Defects in the Consumer Marketplace
According to the U.S. Consumer Product Safety Commission (CPSC), many of the product defects seen in 2020 were found among nursery-related items, such as cribs, mattresses, and infant carriers. Playpens also were included among the hazards.
Toy-related hazards in 2020 often resulted in contusions, abrasions, or lacerations. Some children died from asphyxiation. Product defects often cause companies to recall toys, autos, and food. Therefore, the services of a California product liability attorney are important to your success in receiving compensation for a product defect injury or death.
Contact a Belal Hamideh Law Firm for Further Information
If you feel you have a valid claim for an injury suffered from a product defect, you’ll need to discuss your case first with a California product liability lawyer. Don’t delay taking action, as you only have two years to file a lawsuit. Contact Belal Hamideh law now at (562) 526-1224 for further details.
Speak to a California Product Liability Lawyer First
Before you do anything, schedule an appointment with a lawyer who regularly handles product liability claims. Find out more about your rights and how you can receive equitable compensation for the injuries you’ve received.
In California, you have to file a product liability claim within two years from the date of your injury, or from the date you discovered you were injured because of the product defect. It is wise then to speak to an attorney as soon as you can to ensure you receive compensation for medical costs and damages. Otherwise, you’ll forfeit your right to file a lawsuit for the costs of your care or lost earnings.
What Is a Defective Product?
Sometimes a product does not work as we intend. It may malfunction because of a design mistake or may have been damaged when it was manufactured. Any defect can be dangerous. Therefore, any lack of quality control can open up a business to getting sued.
If a product features a defect in its design, the flaw usually stems from how the product was configured for use. Therefore, every product that uses the same design will exhibit the same defect. If the manufacturer knew of the conceivable dangers in the design, you may have grounds to file a lawsuit.
As noted, sometimes defects emerge during the manufacturing process. In this case, the defect may happen during assembly or processing. If this happens, it usually occurs in fewer units. To prove your case, a California liability product lawyer must show that the product was already defective when it was shipped from the factory.
Types of Product Liability Cases
A product liability case may take one of three forms.
Suing for Negligence
In the case of negligence, the lawyer must show that the design was carelessly configured, which led to an injury. A company owes its customers a duty to sell safe products. Therefore, selling a defectively designed product is a breach of this obligation.
Strict Liability Cases
In strict liability cases, the plaintiff must prove that there was, indeed, a defect, which directly caused an injury. If the defect exists, the manufacturer must pay for the damages. It does not matter if they were careful about the process, they still owe the money for the claim.
However, this type of claim does not apply to a secondhand purchase. To receive compensation, the buyer must purchase the product in accordance with the chain of distribution.
Breaches of Warranty - Expressed and Implied
A breach of warranty may cover a warranty that is either expressed or implied. An express warranty covers the way a retailer or manufacturer represents an item for sale. On the other hand, an implied warranty comes with the implication that a product, when used as intended, will not cause the user harm.
Class Action Lawsuits
In some cases, a California product liability lawyer will set up a class action lawsuit if a large number of claimants are filing the same claim, or have been injured in the same way.
Individual Claims
If the injury is severe or unique, the filing of an individual claim is more appropriate.
How to Successfully File a Claim
To be successful in filing a defective product lawsuit in California, the plaintiff must show they experienced an injury or monetary loss because of a defective product they purchased and used.
He or she must also show they used the product correctly. When you retain the services of a skilled California product liability lawyer, he or she can prove the above criteria so you can receive the maximum value for your claim.
Average Settlements
According to the Insurance Information Institute (III), most personal injury claims for product defects are settled out of court with the courts awarding average settlements of $95,000 (in 2018). Many of the claims made have to do with children’s products.
What Damages Can You Recover?
Because a medical condition or physical injury can notably affect the way you live your life, receiving compensation for a defective product claim may involve the following damages:
Lost wages from missed work
The loss of the means to make a living
Current and ongoing medical costs, including hospital stays, prescription medicines, and rehab
Pain and suffering, including emotional distress
Punitive damages to discourage a business from selling unsafe products in the future
What you receive in compensation will depend on the type of defect and the extent and severity of your injuries. Naturally, you’ll receive more money if you were severely hurt or suffered a permanent disability or impairment.
Product Defects in the Consumer Marketplace
According to the U.S. Consumer Product Safety Commission (CPSC), many of the product defects seen in 2020 were found among nursery-related items, such as cribs, mattresses, and infant carriers. Playpens also were included among the hazards.
Toy-related hazards in 2020 often resulted in contusions, abrasions, or lacerations. Some children died from asphyxiation. Product defects often cause companies to recall toys, autos, and food. Therefore, the services of a California product liability attorney are important to your success in receiving compensation for a product defect injury or death.
Contact a Belal Hamideh Law Firm for Further Information
If you feel you have a valid claim for an injury suffered from a product defect, you’ll need to discuss your case first with a California product liability lawyer. Don’t delay taking action, as you only have two years to file a lawsuit. Contact Belal Hamideh law now at (562) 526-1224 for further details.
After any car accident, you might be left feeling confused and uncertain about what to do next. The stress of being in an accident, dealing with the aftermath, and worrying about your physical recovery can all be overwhelming. Fortunately, a car accident lawyer in California professional can help you with your recovery.
Why You Need to Call a Car Accident Lawyer California Law Firm
A car accident lawyer in California law firm can assist you in a number of ways following an accident, from advising you of your legal rights to filing a lawsuit on your behalf. Since there are so many factors that impact how and when a lawyer gets involved after an accident, it’s important to understand what they can do and how much their services will cost.
When you’re involved in a car accident, your first instinct is probably to call your insurance company and take care of things from there. However, talking to your insurance agent might not be the best move to make, especially if the accident was serious or you feel that the other party was at fault.
That’s because car accidents often involve personal injury claims that require specific legal qualifications - skills that will help you get the most out of your case. A good personal injury lawyer can fight for your rights, negotiate with the other party’s insurance company on your behalf, and ensure that you receive fair compensation for any losses caused by an accident.
What to Do Immediately After an Accident
The most important thing you can do after a car accident is understood your rights and the actions you need to take in the aftermath. Always report the accident to the police so you have a record of the incident. Get the other driver’s information, such as name, address, license plate number, and insurance information.
Seek medical treatment as soon as possible. It’s important to carefully document your injury and inform your doctor of the circumstances surrounding the accident.
Car Accident Attorneys Can Help
If the accident was serious or resulted in significant injuries, hiring a car accident lawyer from California legal firm will help you maximize the compensation you receive for your losses. By hiring a legal advocate, you’ll be able to focus on recovering from your injuries rather than dealing with the insurance company and gathering evidence to prove your claim.
A lawyer, in these cases, can gather the needed evidence, including witness statements, medical records, and photos of the scene. They can negotiate with the insurance company on your behalf, helping you with medical bills and or car repairs. They may also represent you at mediation or in court if necessary. They will support you with any vocational rehabilitation if you’re unable to work or help you receive lost income during recovery.
Recognizing When You Need a Lawyer
If you were seriously injured or the accident was caused by an at-fault driver whose insurance policy cannot cover the damages, you need to call a lawyer. If the accident caused significant property damage, you also need to consult with an attorney.
While insurance companies are required to offer you a settlement that is “fair and reasonable,” they don’t always hold up their end of the bargain. If they lowball you with an offer that doesn’t cover your full losses, a lawyer can help you obtain the compensation you deserve.
Helping With Medical Bills and Repairs
If you were injured in an accident, your medical bills and vehicle repairs will likely be the first thing you’ll need to pay. However, insurance companies have strict rules about what they’re required to pay for or how much they’ll extend coverage.
Depending on the circumstances of your accident, a lawyer can help you prove that your expenses are legitimate and that you deserve full reimbursement.
Helping With Vocational Rehabilitation If You’re Unable to Work
If you’re unable to work as a result of an accident, a lawyer can help you receive money to cover the costs of vocational rehab. You can use the money to help you get back on your feet as quickly as possible.
Helping You Obtain Loss of Income During Recovery
If you’re out of work as a result of your injuries, again, a lawyer can help you receive money for lost income. If your accident caused significant financial losses, you need to partner with an attorney.
Who to Call to File a Claim
While the aftermath of an accident can be confusing and overwhelming, hiring a car accident lawyer in California firm is a surefire way to get the assistance you need. Getting your life back to normal is possible with help from the right attorney. Contact Belal Hamideh today at (562) 526-1224 to file a claim.
Why You Need to Call a Car Accident Lawyer California Law Firm
A car accident lawyer in California law firm can assist you in a number of ways following an accident, from advising you of your legal rights to filing a lawsuit on your behalf. Since there are so many factors that impact how and when a lawyer gets involved after an accident, it’s important to understand what they can do and how much their services will cost.
When you’re involved in a car accident, your first instinct is probably to call your insurance company and take care of things from there. However, talking to your insurance agent might not be the best move to make, especially if the accident was serious or you feel that the other party was at fault.
That’s because car accidents often involve personal injury claims that require specific legal qualifications - skills that will help you get the most out of your case. A good personal injury lawyer can fight for your rights, negotiate with the other party’s insurance company on your behalf, and ensure that you receive fair compensation for any losses caused by an accident.
What to Do Immediately After an Accident
The most important thing you can do after a car accident is understood your rights and the actions you need to take in the aftermath. Always report the accident to the police so you have a record of the incident. Get the other driver’s information, such as name, address, license plate number, and insurance information.
Seek medical treatment as soon as possible. It’s important to carefully document your injury and inform your doctor of the circumstances surrounding the accident.
Car Accident Attorneys Can Help
If the accident was serious or resulted in significant injuries, hiring a car accident lawyer from California legal firm will help you maximize the compensation you receive for your losses. By hiring a legal advocate, you’ll be able to focus on recovering from your injuries rather than dealing with the insurance company and gathering evidence to prove your claim.
A lawyer, in these cases, can gather the needed evidence, including witness statements, medical records, and photos of the scene. They can negotiate with the insurance company on your behalf, helping you with medical bills and or car repairs. They may also represent you at mediation or in court if necessary. They will support you with any vocational rehabilitation if you’re unable to work or help you receive lost income during recovery.
Recognizing When You Need a Lawyer
If you were seriously injured or the accident was caused by an at-fault driver whose insurance policy cannot cover the damages, you need to call a lawyer. If the accident caused significant property damage, you also need to consult with an attorney.
While insurance companies are required to offer you a settlement that is “fair and reasonable,” they don’t always hold up their end of the bargain. If they lowball you with an offer that doesn’t cover your full losses, a lawyer can help you obtain the compensation you deserve.
Helping With Medical Bills and Repairs
If you were injured in an accident, your medical bills and vehicle repairs will likely be the first thing you’ll need to pay. However, insurance companies have strict rules about what they’re required to pay for or how much they’ll extend coverage.
Depending on the circumstances of your accident, a lawyer can help you prove that your expenses are legitimate and that you deserve full reimbursement.
Helping With Vocational Rehabilitation If You’re Unable to Work
If you’re unable to work as a result of an accident, a lawyer can help you receive money to cover the costs of vocational rehab. You can use the money to help you get back on your feet as quickly as possible.
Helping You Obtain Loss of Income During Recovery
If you’re out of work as a result of your injuries, again, a lawyer can help you receive money for lost income. If your accident caused significant financial losses, you need to partner with an attorney.
Who to Call to File a Claim
While the aftermath of an accident can be confusing and overwhelming, hiring a car accident lawyer in California firm is a surefire way to get the assistance you need. Getting your life back to normal is possible with help from the right attorney. Contact Belal Hamideh today at (562) 526-1224 to file a claim.
Have you suffered a longshore accident in California? Or, alternatively, did someone you love recently suffer such an injury and you aren’t sure what to do next? Belal Hamideh can help. Over the years, he and his team have helped so many to receive the compensation that they deserve for being hurt in the course of doing their jobs. The work that longshore and workers with similar responsibilities perform is critically important, yet it is also very dangerous. When you’re hurt while doing your job, you should be compensated for it.
How Long You Have to Report and File
The answer to this question is, almost invariably, “less time than you might think.” Indeed, you have 30 days from the incident to report it to your employer. So, about a month. Thus, you want to be able to do it as quickly as possible. That said, if you’re going to file for benefits with the Department of Labor, you’re going to want to do it within a year from the date you were injured. As you might imagine, the best thing to do is to report this to your superiors and reach out to an attorney when you can.
The Benefits You Can Receive for a Longshore Accident
We understand that, when you’re injured in the course of doing your job, the last thing you might want to do is to reach out to an attorney. However, the sooner you do so, the sooner you may have a chance to get the benefits you deserve. For example, you can receive wages for the work that you missed as well as, if you can’t return to work in the same capacity, wages for the work you would have done. You can also receive compensation for your medical expenses, too, as well as rehab, treatment, medicine, and more.
More Than Just Longshoremen Can File
When we say “longshoremen,” we are more than just the actual longshoremen. Essentially, the laws here cover more or less everybody who builds, repairs, loads, or unloads a vessel on the water. So, yes, it covers longshoremen, but it also covers plenty of shipyard workers, such as builders, repair workers, breakers, stevedores, longshore checkers, and others. If you believe that you may have suffered such an injury in the course of doing your longshore work, it’s worth it to reach out to us.
A Longshore Lawyer Who Can Help
Indeed, even if you think there’s any chance whatsoever that you may have a case, we offer free consultations. We’re always glad to sit down with someone and talk to them about their case, to see how we can help. The consultations are free, and if we do take your case, our payment comes out of your eventual settlement/compensation. So, if you do call us, the worst that can happen is that we’ll tell you you may not have a case. However, you very well may be able to receive all the compensation you deserve. You can reach us through our contact form or by call.
How Long You Have to Report and File
The answer to this question is, almost invariably, “less time than you might think.” Indeed, you have 30 days from the incident to report it to your employer. So, about a month. Thus, you want to be able to do it as quickly as possible. That said, if you’re going to file for benefits with the Department of Labor, you’re going to want to do it within a year from the date you were injured. As you might imagine, the best thing to do is to report this to your superiors and reach out to an attorney when you can.
The Benefits You Can Receive for a Longshore Accident
We understand that, when you’re injured in the course of doing your job, the last thing you might want to do is to reach out to an attorney. However, the sooner you do so, the sooner you may have a chance to get the benefits you deserve. For example, you can receive wages for the work that you missed as well as, if you can’t return to work in the same capacity, wages for the work you would have done. You can also receive compensation for your medical expenses, too, as well as rehab, treatment, medicine, and more.
More Than Just Longshoremen Can File
When we say “longshoremen,” we are more than just the actual longshoremen. Essentially, the laws here cover more or less everybody who builds, repairs, loads, or unloads a vessel on the water. So, yes, it covers longshoremen, but it also covers plenty of shipyard workers, such as builders, repair workers, breakers, stevedores, longshore checkers, and others. If you believe that you may have suffered such an injury in the course of doing your longshore work, it’s worth it to reach out to us.
A Longshore Lawyer Who Can Help
Indeed, even if you think there’s any chance whatsoever that you may have a case, we offer free consultations. We’re always glad to sit down with someone and talk to them about their case, to see how we can help. The consultations are free, and if we do take your case, our payment comes out of your eventual settlement/compensation. So, if you do call us, the worst that can happen is that we’ll tell you you may not have a case. However, you very well may be able to receive all the compensation you deserve. You can reach us through our contact form or by call.
Have you or someone you love potentially suffered a traumatic brain injury while on the job? Are you dealing with the repercussions of a traumatic brain injury and are looking for an attorney you can trust? If you have the slightest inkling that you or someone you care about suffered some kind of brain injury or injury to the head, get medical attention as soon as possible. Once that’s done, the next step is to reach out to experienced traumatic brain injury lawyer Belal Hamideh.
So, How Much is a Traumatic Brain Injury at Work With?
The truth is that every traumatic brain injury case, whether at work or elsewhere, is different. So much goes into determining these. For example, the settlement has to include any potential disability payments, medical costs in the long-term pain, suffering, and any other losses that you may have to deal with. The more severe the injury, the higher the settlement (for the most part). That said, even those that might be mildly traumatic tend to have settlements that exceed one million dollars. They can go much, much higher.
Ways You Can Receive Compensation
Settlements for traumatic brain injuries that go above ten million are more common than folks might realize. That’s due, in part, to everything that makes up one of these injuries. For example, with a traumatic brain injury at work, you could require hospitalization, sure, but also surgery, counseling, expensive prescription medications, and treatments from physical therapists, speech ones, and the like. Inpatient and outpatient therapy even assisted living and skilled nursing care are not uncommon. Belal and our team will represent you aggressively so that you receive what you deserve.
What is a Traumatic Brain Injury, Exactly?
Unfortunately, a traumatic brain injury can be devastating. Of the many different kinds of injury cases that we take, these are the ones that can lead to the most significant, lasting concerns: an inability to return to work (or return to work in the same capacity), loss of function, and even dramatic personality changes and permanent disability are possible. In addition to the damages mentioned above, we can help you to recover the money that you would have earned had you continued to work, and much more.
A Traumatic Brain Injury Lawyer Who Can Help
When you or someone that you love suffers a traumatic brain injury, it’s natural to feel powerless, as if there’s nothing you can do. But, we can help. When you reach out to us, we’ll set up a free consultation so that we can tell you what we think about your case. We’ve worked with so many folks who are exactly where you are right now, and we’ve helped them to receive the compensation that they deserve. That said, you don’t need to have suffered a traumatic brain injury at work to reach out to us. Like workers’ compensation and personal injury attorneys, if you’ve been hurt, we may be able to help. Contact us for a FREE consultation.
So, How Much is a Traumatic Brain Injury at Work With?
The truth is that every traumatic brain injury case, whether at work or elsewhere, is different. So much goes into determining these. For example, the settlement has to include any potential disability payments, medical costs in the long-term pain, suffering, and any other losses that you may have to deal with. The more severe the injury, the higher the settlement (for the most part). That said, even those that might be mildly traumatic tend to have settlements that exceed one million dollars. They can go much, much higher.
Ways You Can Receive Compensation
Settlements for traumatic brain injuries that go above ten million are more common than folks might realize. That’s due, in part, to everything that makes up one of these injuries. For example, with a traumatic brain injury at work, you could require hospitalization, sure, but also surgery, counseling, expensive prescription medications, and treatments from physical therapists, speech ones, and the like. Inpatient and outpatient therapy even assisted living and skilled nursing care are not uncommon. Belal and our team will represent you aggressively so that you receive what you deserve.
What is a Traumatic Brain Injury, Exactly?
Unfortunately, a traumatic brain injury can be devastating. Of the many different kinds of injury cases that we take, these are the ones that can lead to the most significant, lasting concerns: an inability to return to work (or return to work in the same capacity), loss of function, and even dramatic personality changes and permanent disability are possible. In addition to the damages mentioned above, we can help you to recover the money that you would have earned had you continued to work, and much more.
A Traumatic Brain Injury Lawyer Who Can Help
When you or someone that you love suffers a traumatic brain injury, it’s natural to feel powerless, as if there’s nothing you can do. But, we can help. When you reach out to us, we’ll set up a free consultation so that we can tell you what we think about your case. We’ve worked with so many folks who are exactly where you are right now, and we’ve helped them to receive the compensation that they deserve. That said, you don’t need to have suffered a traumatic brain injury at work to reach out to us. Like workers’ compensation and personal injury attorneys, if you’ve been hurt, we may be able to help. Contact us for a FREE consultation.
Were you or someone you love injured in a slip and fall case? Did it happen some time ago and you still haven’t found a slip and fall lawyer in California? Of course, when you or someone you care for slips, falls, and is injured, the first course of action is to secure medical attention. Even if you don’t feel like you’re injured, even if there aren’t visible injuries, you may have suffered internal ones. Then, the next step is to call an attorney. Belal Hamideh has helped so many who were in the same position that you are right now.
So, How Long Do I Have to Claim a Slip and Fall Injury in California?
Two years. That’s how long you have to make a claim in the state of California. That said, you have two years from the date of the injury itself specifically. So, that’s not two years from the date that you received medical care, that you went back to work, or anything like that. Rather, you have two years from the date that you were injured. Now, that doesn’t mean that you have “two years to resolve your case,” but rather, two years to file a lawsuit. If you were injured in a slip and fall case, we offer free consultations and can walk you through every step of the process.
What Could Make Your Time to File Even Less
Now, two years is how long you have to file if the party responsible for your slip and fall accident is a private defendant. That means they’re a homeowner, the owner of a commercial property, and so forth. If they’re a public entity, a governmental one, then you only have six months to file a lawsuit. If it happened in an official building, at a park, a school, or something similar, you have six weeks. This is just one more reason that, as soon as you’ve received medical care, we always recommend reaching out to an attorney.
Why Statutes of Limitations Exist and Why It’s Important to Meet Them
There are many reasons that states institute statutes of limitations, often because without doing so, they would face an even greater backlog of cases than they do already. Moreover, it’s important to file a lawsuit during this period of time because, if you don’t, then you very well may not be able to receive any compensation for all that you’ve been through. When you or someone you love slipped, fell, and were injured due to another’s incompetence, you deserve to be compensated for it.
Proven Slip and Fall Lawyer in California
Belal Hamideh and the team have helped many who were injured on another’s property. If someone else's negligence led to your injury, we can help you to receive the compensation that you deserve. We represent our clients as aggressively as possible, from the beginning through successful completion. For a free consultation with our team, you can reach us at (562) 526-1224.
So, How Long Do I Have to Claim a Slip and Fall Injury in California?
Two years. That’s how long you have to make a claim in the state of California. That said, you have two years from the date of the injury itself specifically. So, that’s not two years from the date that you received medical care, that you went back to work, or anything like that. Rather, you have two years from the date that you were injured. Now, that doesn’t mean that you have “two years to resolve your case,” but rather, two years to file a lawsuit. If you were injured in a slip and fall case, we offer free consultations and can walk you through every step of the process.
What Could Make Your Time to File Even Less
Now, two years is how long you have to file if the party responsible for your slip and fall accident is a private defendant. That means they’re a homeowner, the owner of a commercial property, and so forth. If they’re a public entity, a governmental one, then you only have six months to file a lawsuit. If it happened in an official building, at a park, a school, or something similar, you have six weeks. This is just one more reason that, as soon as you’ve received medical care, we always recommend reaching out to an attorney.
Why Statutes of Limitations Exist and Why It’s Important to Meet Them
There are many reasons that states institute statutes of limitations, often because without doing so, they would face an even greater backlog of cases than they do already. Moreover, it’s important to file a lawsuit during this period of time because, if you don’t, then you very well may not be able to receive any compensation for all that you’ve been through. When you or someone you love slipped, fell, and were injured due to another’s incompetence, you deserve to be compensated for it.
Proven Slip and Fall Lawyer in California
Belal Hamideh and the team have helped many who were injured on another’s property. If someone else's negligence led to your injury, we can help you to receive the compensation that you deserve. We represent our clients as aggressively as possible, from the beginning through successful completion. For a free consultation with our team, you can reach us at (562) 526-1224.
When you are involved in an accident, you may have been injured. An injury may cause damages, which are split into economic and non-economic damages. Economic damage, or special damage, is calculable damage. Special damages include the number of medical bills you have as a result of the accident and any loss of income you have as a result of the accident. This is calculable damage because you can calculate or add the expense. For example, if your physician bill is $1,200 and your MRI bill was $2,000, you can calculate your medical expense damage to equal $3,200.
Noneconomic damage is damage that is not calculable. In personal injury claims, the noneconomic damage an injured person has is generally known as pain and suffering damages. You can’t plug pain and suffering damages into a calculator. The pain and suffering damage one has is determined on a case-by-case basis. The value of the pain and suffering damages is the amount of money a jury would accept in exchange for having to endure that pain and suffering. For example, if your pain rates a 6/10 on a pain scale for 90 days, the amount of money a person would accept to go through that pain for that duration of time is the money value of your pain and suffering damages.
As per CACI jury instruction 3905A, pain and suffering damages include past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress.
How To Prove Your Pain and Suffering
When you make an insurance claim against the person who negligently caused your injuries, their insurance company will request proof from you that you had pain and suffering. The first way to prove you had pain and suffering is to show the insurance adjuster your medical records for medical treatment you received because of the accident. The medical records will detail the subjective complaints you told your doctor on each of your medical appointments. It will detail the pain levels that you complained of, the effect your injuries had on your activities of daily living, and your clinical examination findings.
Activities of daily living are defined as routine activities that people do every day. They include but are not limited to, sleeping, walking, getting dressed, taking a bath, eating, working, and driving. If you can show that your injury has affected your ability to perform many activities of daily living, then you can prove that you had pain and suffering because of the accident. Your injury may affect your activities of daily living in two ways. First, you may still perform certain activities of daily living, but not as well as before the accident. For example, you may still be able to get dressed, but it may be more difficult because of the pain and discomfort you have.
The second way an injury can affect activities of daily living is that you can’t perform certain activities at all. For example, you may not be able to exercise anymore because of your injury. Pain and suffering awards are higher for persons that can no longer perform activities of daily living compared to still being to perform activities of daily living, but with difficulty.
Aside from medical records, you can also prove that you had suffered pain and suffering because you missed certain social events or have not been able to experience the same quality of life did you had prior to the accident. For example, you may have missed important social events such as a wedding or graduation because of your injuries. Missing out on social events causes social distress and thus adds to your pain and suffering money damages.
It is difficult to remember the dates of social events that you missed out on. Thus, I recommend you keep a journal and make an entry whenever you had an experience that caused you pain and suffering because of your injuries. You should date each journal entry so that you can be specific about when the loss of enjoyment of life occurred when negotiating your pain and suffering damages with the insurance adjuster.
Another way to prove you have pain and suffering due to an accident is by sharing MRI or X-ray results with the insurance adjuster. These are known as objective findings of injury. The MRI or X-ray may show a fracture, disc bulge, and many other types of damages. This is the strongest evidence for pain and suffering because it can’t be contested by the insurance adjuster. The insurance adjuster may question your subjective complaints about your pain levels, but they can’t dispute any findings of injury on an MRI, CT Scan, X-ray, or any other objective diagnostic test.
If your claim goes to trial, you can present witnesses to testify as to how your injuries affected your life. You may call family members, friends, coworkers, or other associates you have to talk about how you struggled, had pain, and are not the same person as you were before the accident.
How An Insurance Adjuster Values Pain and Suffering
Insurance adjusters use the number of medical bills and loss of earnings as a benchmark to make an offer for pain and suffering damages. They usually offer ½ to 1 times your economic damages (medical bills and loss of income) to compensate for your pain and suffering. For example, if your medical bills and loss of income equal $10,000, the insurance company will try to offer up to $5,000-$10,000 for your pain and suffering. If you try to settle your claim early, they usually will attempt to settle your pain and suffering damages for a few hundred dollars. This is not an appropriate way to determine the value of your personal injury claim. They plug the number of your medical bills into software, which gives them value for your pain and suffering. Their software doesn’t fully take into account all of the factors of your pain and suffering values and shortchanges your pain and suffering value.
The Correct Way to Determine Pain and Suffering Damages
When someone gets involved in an accident, they first think about their well-being and how this accident will affect their life. They are not immediately thinking about their medical bills. Thus, the value of pain and suffering damages exceeds the value of your economic damages (medical bills and loss of income). Someone might have a low medical bills amount but missed out on a wedding and the value of that is priceless. The amount a jury finds they would accept to miss out on the wedding is the value of that portion of your total pain and suffering damages.
You are entitled to recover the pain and suffering damages for the past and future. Past pain and suffering are determined from the time of your accident up to the time of your insurance settlement. If you have a permanent injury that will cause lifetime pain and suffering, then you will have future pain and suffering. The amount of future pain and suffering depends on the severity of your daily suffering and your life expectancy. By using the per diem approach, you determine a reasonable monetary value for your daily suffering and multiply that amount by your life expectancy.
For example, if you have a permanent back injury that requires you to change careers and your lifestyle, you may calculate the daily monetary value of that suffering. To illustrate this example, we will use $50 as your daily pain and suffering amount. You can use a life expectancy table which you can find online to determine your life expectancy. If your life expectancy is 25 years, you multiply the $50 by the 25 years. Twenty-five years is equal to 9,125 days (365 X 25). By multiplying 9,125 by $50 daily dollars, your future pain and suffering damages may be equal to $456,250.00. The total potential case value would be $456,250.00 plus your past and future economic damages.
The daily monetary value of your life pain and suffering varies wildly depending on your permanent injury or disfigurement. A person with a permanent amputation would generally have more daily pain and suffering than a person with a permanent shoulder injury. In the example, the daily $50 pain and the suffering amount could increase or decrease, depending on your injury. Your lawyer will help you determine which daily monetary value is appropriate if you have a permanent injury with lifetime pain and suffering.
In order to prove you have a permanent injury, you would need to have expert medical professionals testify at trial. They would have to determine that it is more likely than not that you will have a permanent injury based on their physical examinations and review of your medical records.
How Insurance Adjusters Respond to Lifetime Pain and Suffering Requests
An insurance adjuster is paid to settle your claim for the least amount of money possible. When insurance adjusters call, they are friendly and courteous, but they don’t have your best interest in mind. Insurance companies for third parties serve their employer (the insurance company) first. You may have a permanent injury such as a disc bulge in your back that requires surgery. They will hire medical professionals to testify on their behalf to argue that your back injuries pre-dated the accident. They will most often point to “degenerative changes” in your spine and point to that as the reason for your surgery. You would have to have a battle with the experts in court to prove that the accident caused your surgery and not any pre-existing conditions.
Even if you did have pre-existing injuries, you can get paid for the accident’s aggravation of those injuries. You are entitled to the pain and suffering damages you had due to the accident. For example, maybe you had a prior knee injury, but before the accident you were asymptomatic. After the accident, your knee struck the interior of the car and tore your meniscus. The accident caused the tear of your meniscus, the surgery, and any potential permanent injury from the torn meniscus. You are entitled to the pain and suffering damages for the aggravation of that pre-existing injury. If the accident never occurred, you likely wouldn’t have had the torn meniscus or needed the surgery.
Advice on Negotiating Pain and Suffering Damages
It is important to consult with a personal injury attorney to handle and/or negotiate the pain and suffering damages portion of your case. If you demand a small amount for the pain and suffering damages, you may anchor the pain and suffering negotiation with your small figure and it would make an attorney’s job in getting out of that settlement range and negotiating a fair pain and suffering amount more difficult.
If you have any questions regarding the pain and suffering damages you endured from a car accident or any other personal injury, our California Personal Injury Lawyer provides free consultations.
Noneconomic damage is damage that is not calculable. In personal injury claims, the noneconomic damage an injured person has is generally known as pain and suffering damages. You can’t plug pain and suffering damages into a calculator. The pain and suffering damage one has is determined on a case-by-case basis. The value of the pain and suffering damages is the amount of money a jury would accept in exchange for having to endure that pain and suffering. For example, if your pain rates a 6/10 on a pain scale for 90 days, the amount of money a person would accept to go through that pain for that duration of time is the money value of your pain and suffering damages.
As per CACI jury instruction 3905A, pain and suffering damages include past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress.
How To Prove Your Pain and Suffering
When you make an insurance claim against the person who negligently caused your injuries, their insurance company will request proof from you that you had pain and suffering. The first way to prove you had pain and suffering is to show the insurance adjuster your medical records for medical treatment you received because of the accident. The medical records will detail the subjective complaints you told your doctor on each of your medical appointments. It will detail the pain levels that you complained of, the effect your injuries had on your activities of daily living, and your clinical examination findings.
Activities of daily living are defined as routine activities that people do every day. They include but are not limited to, sleeping, walking, getting dressed, taking a bath, eating, working, and driving. If you can show that your injury has affected your ability to perform many activities of daily living, then you can prove that you had pain and suffering because of the accident. Your injury may affect your activities of daily living in two ways. First, you may still perform certain activities of daily living, but not as well as before the accident. For example, you may still be able to get dressed, but it may be more difficult because of the pain and discomfort you have.
The second way an injury can affect activities of daily living is that you can’t perform certain activities at all. For example, you may not be able to exercise anymore because of your injury. Pain and suffering awards are higher for persons that can no longer perform activities of daily living compared to still being to perform activities of daily living, but with difficulty.
Aside from medical records, you can also prove that you had suffered pain and suffering because you missed certain social events or have not been able to experience the same quality of life did you had prior to the accident. For example, you may have missed important social events such as a wedding or graduation because of your injuries. Missing out on social events causes social distress and thus adds to your pain and suffering money damages.
It is difficult to remember the dates of social events that you missed out on. Thus, I recommend you keep a journal and make an entry whenever you had an experience that caused you pain and suffering because of your injuries. You should date each journal entry so that you can be specific about when the loss of enjoyment of life occurred when negotiating your pain and suffering damages with the insurance adjuster.
Another way to prove you have pain and suffering due to an accident is by sharing MRI or X-ray results with the insurance adjuster. These are known as objective findings of injury. The MRI or X-ray may show a fracture, disc bulge, and many other types of damages. This is the strongest evidence for pain and suffering because it can’t be contested by the insurance adjuster. The insurance adjuster may question your subjective complaints about your pain levels, but they can’t dispute any findings of injury on an MRI, CT Scan, X-ray, or any other objective diagnostic test.
If your claim goes to trial, you can present witnesses to testify as to how your injuries affected your life. You may call family members, friends, coworkers, or other associates you have to talk about how you struggled, had pain, and are not the same person as you were before the accident.
How An Insurance Adjuster Values Pain and Suffering
Insurance adjusters use the number of medical bills and loss of earnings as a benchmark to make an offer for pain and suffering damages. They usually offer ½ to 1 times your economic damages (medical bills and loss of income) to compensate for your pain and suffering. For example, if your medical bills and loss of income equal $10,000, the insurance company will try to offer up to $5,000-$10,000 for your pain and suffering. If you try to settle your claim early, they usually will attempt to settle your pain and suffering damages for a few hundred dollars. This is not an appropriate way to determine the value of your personal injury claim. They plug the number of your medical bills into software, which gives them value for your pain and suffering. Their software doesn’t fully take into account all of the factors of your pain and suffering values and shortchanges your pain and suffering value.
The Correct Way to Determine Pain and Suffering Damages
When someone gets involved in an accident, they first think about their well-being and how this accident will affect their life. They are not immediately thinking about their medical bills. Thus, the value of pain and suffering damages exceeds the value of your economic damages (medical bills and loss of income). Someone might have a low medical bills amount but missed out on a wedding and the value of that is priceless. The amount a jury finds they would accept to miss out on the wedding is the value of that portion of your total pain and suffering damages.
You are entitled to recover the pain and suffering damages for the past and future. Past pain and suffering are determined from the time of your accident up to the time of your insurance settlement. If you have a permanent injury that will cause lifetime pain and suffering, then you will have future pain and suffering. The amount of future pain and suffering depends on the severity of your daily suffering and your life expectancy. By using the per diem approach, you determine a reasonable monetary value for your daily suffering and multiply that amount by your life expectancy.
For example, if you have a permanent back injury that requires you to change careers and your lifestyle, you may calculate the daily monetary value of that suffering. To illustrate this example, we will use $50 as your daily pain and suffering amount. You can use a life expectancy table which you can find online to determine your life expectancy. If your life expectancy is 25 years, you multiply the $50 by the 25 years. Twenty-five years is equal to 9,125 days (365 X 25). By multiplying 9,125 by $50 daily dollars, your future pain and suffering damages may be equal to $456,250.00. The total potential case value would be $456,250.00 plus your past and future economic damages.
The daily monetary value of your life pain and suffering varies wildly depending on your permanent injury or disfigurement. A person with a permanent amputation would generally have more daily pain and suffering than a person with a permanent shoulder injury. In the example, the daily $50 pain and the suffering amount could increase or decrease, depending on your injury. Your lawyer will help you determine which daily monetary value is appropriate if you have a permanent injury with lifetime pain and suffering.
In order to prove you have a permanent injury, you would need to have expert medical professionals testify at trial. They would have to determine that it is more likely than not that you will have a permanent injury based on their physical examinations and review of your medical records.
How Insurance Adjusters Respond to Lifetime Pain and Suffering Requests
An insurance adjuster is paid to settle your claim for the least amount of money possible. When insurance adjusters call, they are friendly and courteous, but they don’t have your best interest in mind. Insurance companies for third parties serve their employer (the insurance company) first. You may have a permanent injury such as a disc bulge in your back that requires surgery. They will hire medical professionals to testify on their behalf to argue that your back injuries pre-dated the accident. They will most often point to “degenerative changes” in your spine and point to that as the reason for your surgery. You would have to have a battle with the experts in court to prove that the accident caused your surgery and not any pre-existing conditions.
Even if you did have pre-existing injuries, you can get paid for the accident’s aggravation of those injuries. You are entitled to the pain and suffering damages you had due to the accident. For example, maybe you had a prior knee injury, but before the accident you were asymptomatic. After the accident, your knee struck the interior of the car and tore your meniscus. The accident caused the tear of your meniscus, the surgery, and any potential permanent injury from the torn meniscus. You are entitled to the pain and suffering damages for the aggravation of that pre-existing injury. If the accident never occurred, you likely wouldn’t have had the torn meniscus or needed the surgery.
Advice on Negotiating Pain and Suffering Damages
It is important to consult with a personal injury attorney to handle and/or negotiate the pain and suffering damages portion of your case. If you demand a small amount for the pain and suffering damages, you may anchor the pain and suffering negotiation with your small figure and it would make an attorney’s job in getting out of that settlement range and negotiating a fair pain and suffering amount more difficult.
If you have any questions regarding the pain and suffering damages you endured from a car accident or any other personal injury, our California Personal Injury Lawyer provides free consultations.
Finding the right personal injury lawyer to handle your claim for compensation can be a daunting task. Whether you are experiencing problems after hip replacement surgery or have been involved in a car accident, you want to make sure that you have the right lawyer who is going to fight hard for you. It is easy to be swayed by a slick-looking professional website but is that enough? How do you judge qualification, experience, and compatibility? How and where do you begin to find the best injury lawyer in California?
The Process
You will find it easier if you break it down into steps as follows:
List your criteria – experience, accessibility, licensed in your state, etc.
Make a list of potential lawyers and law firms
Shortlist two or three
Call and meet with the shortlisted attorneys
Sign a contract with the chosen lawyer
Finding the Best Injury Lawyer in California
This is a crucial phase. There are various ways to achieve this.
Referrals
Word of mouth is a powerful ally. A referral from a family member or trusted friend who has had a good experience is very positive. You might also ask a member who is central to the community such as your doctor or church leader.
Research attorneys online
Browse online to find a few attorneys to research deeper. It is important to make sure they are licensed. There is a local bar association in every state that can help you check whether or not the attorney you are reviewing is on the association register. Checking their bar status will also help identify any sanctions or disciplinary measures taken against them. Remember to also check online reviews on independent websites.
Find out the extent of their training and experience
Once you have made your shortlist of two or three potential lawyers, learn more about their training but also their legal experience, particularly in the field of personal injury and compensation claims. Do not be afraid to ask probing questions. At this stage, you may not be able to have a face to face consultation with your specific attorney, but you still need to feel comfortable. Gut instinct will usually serve you well.
Identify who will handle your case
Unless you go to an individual lawyer, the person you interview may not be the lawyer assigned to your case. You should know who this will be and should be introduced to them. If you do not feel happy or have a rapport with the appointed attorney, ask for someone else.
Red Flags to Watch For
No proven track record or experience in trials
Poor client reviews (always look beyond the client’s own website)
Vagueness or uncertainty of how to handle a case
Promises of success and a big payout before they even have details of your case
Vagueness about fees or no set table of fees
If you are looking for the best injury lawyer in California with experience and a proven track record in compensation cases, we invite you to contact belalhamidehlaw.com. One of our attorneys will both fight and care for you at every step of the way.
The Process
You will find it easier if you break it down into steps as follows:
List your criteria – experience, accessibility, licensed in your state, etc.
Make a list of potential lawyers and law firms
Shortlist two or three
Call and meet with the shortlisted attorneys
Sign a contract with the chosen lawyer
Finding the Best Injury Lawyer in California
This is a crucial phase. There are various ways to achieve this.
Referrals
Word of mouth is a powerful ally. A referral from a family member or trusted friend who has had a good experience is very positive. You might also ask a member who is central to the community such as your doctor or church leader.
Research attorneys online
Browse online to find a few attorneys to research deeper. It is important to make sure they are licensed. There is a local bar association in every state that can help you check whether or not the attorney you are reviewing is on the association register. Checking their bar status will also help identify any sanctions or disciplinary measures taken against them. Remember to also check online reviews on independent websites.
Find out the extent of their training and experience
Once you have made your shortlist of two or three potential lawyers, learn more about their training but also their legal experience, particularly in the field of personal injury and compensation claims. Do not be afraid to ask probing questions. At this stage, you may not be able to have a face to face consultation with your specific attorney, but you still need to feel comfortable. Gut instinct will usually serve you well.
Identify who will handle your case
Unless you go to an individual lawyer, the person you interview may not be the lawyer assigned to your case. You should know who this will be and should be introduced to them. If you do not feel happy or have a rapport with the appointed attorney, ask for someone else.
Red Flags to Watch For
No proven track record or experience in trials
Poor client reviews (always look beyond the client’s own website)
Vagueness or uncertainty of how to handle a case
Promises of success and a big payout before they even have details of your case
Vagueness about fees or no set table of fees
If you are looking for the best injury lawyer in California with experience and a proven track record in compensation cases, we invite you to contact belalhamidehlaw.com. One of our attorneys will both fight and care for you at every step of the way.
You can file for workers comp anytime you’re injured on the job. This can be a scary and overwhelming process to go through but having a workmans comp attorney in California can help you get through it. There are a lot of such attorneys out there, so it pays to know what makes a good one, so you choose the right person to help you get the compensation you deserve. Here’s what to look for when you are ready to hire your own attorney to file your workers comp claim.
Check Credentials
A personal injury attorney who is properly credentialed is likely a reliable resource who you can trust. You should ask about these credentials before you share any of your own personal information with him or her. That way you know you’re on the right track. You can also do a little research on a potential attorney before you make your decision so that you are comfortable and happy with the choice you’ve made. If an attorney can’t provide the right credentials, it’s probably best to look for a different one.
Workmans Comp Attorney in California: Talk About Experience
Ideally, you want an attorney who has plenty of experience settling workers comp cases so be sure to talk over how many cases your attorney has worked on and what his or her success rate is. It’s best to hire an attorney who deals primarily with workers comp and related cases because he or she will know all the ins and outs of the process and will be able to get you exactly what you deserve.
Consider Costs
In many workers comp cases, the employer is responsible for any costs that you accrue as a result of the injury. However, it’s best to talk about cost and fees so you are aware of anything that isn’t covered and that you might have to pay out of your own pocket for. A clear picture of the cost is vital and should be something you have before you choose a specific attorney to handle your case.
Build a Rapport
Chances are that you’re going to be working with your lawyer for quite some time. That means you should have a comfortable relationship. You need to be able to trust your attorney and be able to provide them with personal information without worrying that it’s getting into the wrong hands. That’s why it’s always a good idea to meet with potential attorneys before you make a decision. If you feel uncomfortable or wary in any way, move on to someone else. On the other hand, if you feel good about an attorney and feel like you can work well together, you can move forward with filing your claim.
Hiring a workmans comp attorney in California shouldn’t be a snap decision. Pay attention to the details so that you get one you like working with and who is sure to get you the compensation you deserve. When you have a workers comp injury, trust your case to the experts at Belal Hamideh Law.
Check Credentials
A personal injury attorney who is properly credentialed is likely a reliable resource who you can trust. You should ask about these credentials before you share any of your own personal information with him or her. That way you know you’re on the right track. You can also do a little research on a potential attorney before you make your decision so that you are comfortable and happy with the choice you’ve made. If an attorney can’t provide the right credentials, it’s probably best to look for a different one.
Workmans Comp Attorney in California: Talk About Experience
Ideally, you want an attorney who has plenty of experience settling workers comp cases so be sure to talk over how many cases your attorney has worked on and what his or her success rate is. It’s best to hire an attorney who deals primarily with workers comp and related cases because he or she will know all the ins and outs of the process and will be able to get you exactly what you deserve.
Consider Costs
In many workers comp cases, the employer is responsible for any costs that you accrue as a result of the injury. However, it’s best to talk about cost and fees so you are aware of anything that isn’t covered and that you might have to pay out of your own pocket for. A clear picture of the cost is vital and should be something you have before you choose a specific attorney to handle your case.
Build a Rapport
Chances are that you’re going to be working with your lawyer for quite some time. That means you should have a comfortable relationship. You need to be able to trust your attorney and be able to provide them with personal information without worrying that it’s getting into the wrong hands. That’s why it’s always a good idea to meet with potential attorneys before you make a decision. If you feel uncomfortable or wary in any way, move on to someone else. On the other hand, if you feel good about an attorney and feel like you can work well together, you can move forward with filing your claim.
Hiring a workmans comp attorney in California shouldn’t be a snap decision. Pay attention to the details so that you get one you like working with and who is sure to get you the compensation you deserve. When you have a workers comp injury, trust your case to the experts at Belal Hamideh Law.
Isn’t it easy to get worker’s compensation these days? After all, companies hate going to court, so they will probably offer you a good settlement… right? In reality, you need a good worker compensation lawyer in California because the opposing party may try every trick in the book to get out of paying, and there is little you can do to guard against it without a good lawyer.
What a Worker Compensation Lawyer in California can Offer
They can help you maximize your compensation, help you get disability payments, win your case, get your medical expenses paid, and reclaim your lost wages. A good workers’ compensation attorney will do these things and much more, as shown in this article.
What Will Your Lawyer Do?
The tasks always vary depending upon the situation, but in most cases, the lawyer will have to gather medical records and medical evidence. Your lawyer may have to take depositions from other parties, such as medical experts, the claimant, and so forth.
The lawyer conducts discovery and fact-finding missions, along with legal research. Your lawyer will also have to draft pleadings, motions, opinions, findings of fact, briefs and other legal documents. The lawyer will also have to litigate the case before a referee or judge.
The Lawyer Will Need Your Help
Gathering information, especially medical information, is always easier if the lawyer has your help. This means doing what the lawyer says and doing it as promptly as you can. A lack of medical evidence is the most common reason why claims tend to be denied, so do as your lawyer says and avoid lying on your compensation forms.
What Else Can Your Lawyer do to Help?
A lawyer should be able to answer all your questions and guide you through the settlement process and to contact medical providers to help you complete your paperwork. The lawyer may also be able to help you get medical care before the case is even settled, whereby the costs for what you use are added on at the end when the settlement is complete and you have your worker’s compensation.
The attorney will be able to contact supervisors about your injured status, which may help you avoid losing your job. Plus, your lawyer may help you negotiate a better settlement. A good lawyer will be able to tell the difference between a final “offer” and the real final offer. Do not forget that the industry standard for out-of-court settlements tends to be one-quarter of what the company believes it will lose by going to court.
What Should I Do Next?
You need to get in touch with a worker compensation lawyer in California in order to find out what they can do for you. In most situations, the lawyer will be able to help you maximize your claim, help you win your claim, and help you claim all the benefits you didn't know you were entitled to. Get in touch with a lawyer from Belal Hhamideh Law by calling at (562) 526-1224 and learn just how much you can benefit from their services.
What a Worker Compensation Lawyer in California can Offer
They can help you maximize your compensation, help you get disability payments, win your case, get your medical expenses paid, and reclaim your lost wages. A good workers’ compensation attorney will do these things and much more, as shown in this article.
What Will Your Lawyer Do?
The tasks always vary depending upon the situation, but in most cases, the lawyer will have to gather medical records and medical evidence. Your lawyer may have to take depositions from other parties, such as medical experts, the claimant, and so forth.
The lawyer conducts discovery and fact-finding missions, along with legal research. Your lawyer will also have to draft pleadings, motions, opinions, findings of fact, briefs and other legal documents. The lawyer will also have to litigate the case before a referee or judge.
The Lawyer Will Need Your Help
Gathering information, especially medical information, is always easier if the lawyer has your help. This means doing what the lawyer says and doing it as promptly as you can. A lack of medical evidence is the most common reason why claims tend to be denied, so do as your lawyer says and avoid lying on your compensation forms.
What Else Can Your Lawyer do to Help?
A lawyer should be able to answer all your questions and guide you through the settlement process and to contact medical providers to help you complete your paperwork. The lawyer may also be able to help you get medical care before the case is even settled, whereby the costs for what you use are added on at the end when the settlement is complete and you have your worker’s compensation.
The attorney will be able to contact supervisors about your injured status, which may help you avoid losing your job. Plus, your lawyer may help you negotiate a better settlement. A good lawyer will be able to tell the difference between a final “offer” and the real final offer. Do not forget that the industry standard for out-of-court settlements tends to be one-quarter of what the company believes it will lose by going to court.
What Should I Do Next?
You need to get in touch with a worker compensation lawyer in California in order to find out what they can do for you. In most situations, the lawyer will be able to help you maximize your claim, help you win your claim, and help you claim all the benefits you didn't know you were entitled to. Get in touch with a lawyer from Belal Hhamideh Law by calling at (562) 526-1224 and learn just how much you can benefit from their services.
There are different degrees of gravity when it comes to personal injury cases. At the very top of such hierarchy are catastrophic injuries, which are delineated by medical associations and the law as a very specific type of injury with quite serious consequences. When dealing with a catastrophic injury, it is very important to understand the case properly. This encompasses the medical aspects as much as it does the legal ones. In order to make sure that you understand what a catastrophic injury case entails, here are a few pointers to take into account, particularly if you are currently seeking legal counsel about the issue.
What is a Catastrophic Injury?
Based on the definition used by the American Medical Association, the legal term catastrophic injury refers to a severe injury to the spine, spinal cord, or brain, as well as skull or spinal fractures. These catastrophic injuries are classified by the National Center for Catastrophic Sport Injury Research in three different categories based on their outcomes: fatality, permanent severe functional disability, and severe head or neck trauma with no permanent disability. These injuries can be both direct or indirect, depending on the circumstances. A direct catastrophic injury can be the result of trauma sustained during an activity. Meanwhile, indirect injuries can come as a result of systemic failure caused by an activity, such as heat illness, dehydration, hyponatremia, or cardiovascular conditions.
When Do Catastrophic Injuries Take Place?
Although the term is most commonly used when discussing sports injuries, such as those that take place while wrestling, boxing, or playing football, these are not the only instances of catastrophic injuries. These can just as easily take place in the workplace, particularly when a person’s job involves heavy machinery, extensive physical activity, or risky environments. That’s not to mention the everyday instances (such as accidents) in which catastrophic injuries can take place. Regardless of the circumstances of the injury, the injured individual will need medical care, which in turn means that they will deserve compensation for the incident and for the expenses brought forth by the medical care.
Dealing with Insurance Companies
No one likes to have to deal with insurance companies. Their policies and inner workings are almost explicitly designed to provide the least amount of compensation to their insured customers. Not only that, but they are also deliberately written in ways that intentionally confuse and mislead the client. You shouldn’t have to deal with insurance companies on your own, particularly while you yourself or a loved one are recovering from a catastrophic injury. That is why it’s so important to seek out proper legal counsel in order to handle these matters. A good personal injury attorney will fight the insurance companies in order to get you the full compensation you deserve. At no point should you have to go through this by yourself, not when Belal Hamideh is there to help. Call Mr. Hamideh, a renowned personal injury attorney in Los Angeles, at (562) 526-1224 and allow him to take care of your case.
What is a Catastrophic Injury?
Based on the definition used by the American Medical Association, the legal term catastrophic injury refers to a severe injury to the spine, spinal cord, or brain, as well as skull or spinal fractures. These catastrophic injuries are classified by the National Center for Catastrophic Sport Injury Research in three different categories based on their outcomes: fatality, permanent severe functional disability, and severe head or neck trauma with no permanent disability. These injuries can be both direct or indirect, depending on the circumstances. A direct catastrophic injury can be the result of trauma sustained during an activity. Meanwhile, indirect injuries can come as a result of systemic failure caused by an activity, such as heat illness, dehydration, hyponatremia, or cardiovascular conditions.
When Do Catastrophic Injuries Take Place?
Although the term is most commonly used when discussing sports injuries, such as those that take place while wrestling, boxing, or playing football, these are not the only instances of catastrophic injuries. These can just as easily take place in the workplace, particularly when a person’s job involves heavy machinery, extensive physical activity, or risky environments. That’s not to mention the everyday instances (such as accidents) in which catastrophic injuries can take place. Regardless of the circumstances of the injury, the injured individual will need medical care, which in turn means that they will deserve compensation for the incident and for the expenses brought forth by the medical care.
Dealing with Insurance Companies
No one likes to have to deal with insurance companies. Their policies and inner workings are almost explicitly designed to provide the least amount of compensation to their insured customers. Not only that, but they are also deliberately written in ways that intentionally confuse and mislead the client. You shouldn’t have to deal with insurance companies on your own, particularly while you yourself or a loved one are recovering from a catastrophic injury. That is why it’s so important to seek out proper legal counsel in order to handle these matters. A good personal injury attorney will fight the insurance companies in order to get you the full compensation you deserve. At no point should you have to go through this by yourself, not when Belal Hamideh is there to help. Call Mr. Hamideh, a renowned personal injury attorney in Los Angeles, at (562) 526-1224 and allow him to take care of your case.
Owners and riders of motorcycles love the freedom of driving a bike gives them. You enjoy taking your bike out on the road, whether it is just to drive to work or the store or to go on a long ride or trip. While you follow all the laws and drive as safely as possible, the other drivers on the road are not always as aware or careful as they should be. Motorcycle accidents are on the rise, and when you ride a bike, you can be quite vulnerable if a crash occurs. The chances for more severe injuries are higher because of your exposure, and you can end up with broken bones, head injuries, spinal injuries and more. If you are injured in a crash, you need to know if you require a motorcycle accident lawyer in California to help you.
Get the Help of a Lawyer
The short answer to the question is yes, you should consider getting an attorney to assist you with your case. Even if you think your injuries are minor, there can be internal injuries that do not show up right away and flare up down the road. If you have long settled or forgotten about the accident, you may not have any recourse to get your medical bills paid for by the responsible party. Hiring an attorney as soon as you can after your accident helps to guarantee that you will get the fair treatment you should and get compensated so that your medical needs are met, your lost wages are covered, and you are compensated for any anguish or trauma you experience.
Trouble with Insurance Companies and a Lawyer
If you think you can deal with insurance companies without the help of a motorcycle accident lawyer in California, you may quickly find that it can be more challenging than you thought. Insurance companies will try to give you the runaround and get you to settle for much less than what you deserve for your case. Their goal is to pay out little and keep the money for their shareholders, not payout to you. They may try to bargain with you or confuse you or deny claims you try to make. A good lawyer on your side can change all of this and make sure the insurance companies pay what they should, allowing you to get the maximum compensation for your injuries and troubles.
Contact the Right Lawyer
Make sure you get the best motorcycle accident lawyer in California to assist you, so you do not have to worry about your case. Here at Belal Hamideh Law, our lawyer is expert in motorcycle accident cases and will work right beside you to make sure you get the medical attention you need and the compensation you are entitled to. Phone our office as soon as you can at (562) 526-1224 to schedule an appointment with us so we can make sure your case moves in a successful direction.
Get the Help of a Lawyer
The short answer to the question is yes, you should consider getting an attorney to assist you with your case. Even if you think your injuries are minor, there can be internal injuries that do not show up right away and flare up down the road. If you have long settled or forgotten about the accident, you may not have any recourse to get your medical bills paid for by the responsible party. Hiring an attorney as soon as you can after your accident helps to guarantee that you will get the fair treatment you should and get compensated so that your medical needs are met, your lost wages are covered, and you are compensated for any anguish or trauma you experience.
Trouble with Insurance Companies and a Lawyer
If you think you can deal with insurance companies without the help of a motorcycle accident lawyer in California, you may quickly find that it can be more challenging than you thought. Insurance companies will try to give you the runaround and get you to settle for much less than what you deserve for your case. Their goal is to pay out little and keep the money for their shareholders, not payout to you. They may try to bargain with you or confuse you or deny claims you try to make. A good lawyer on your side can change all of this and make sure the insurance companies pay what they should, allowing you to get the maximum compensation for your injuries and troubles.
Contact the Right Lawyer
Make sure you get the best motorcycle accident lawyer in California to assist you, so you do not have to worry about your case. Here at Belal Hamideh Law, our lawyer is expert in motorcycle accident cases and will work right beside you to make sure you get the medical attention you need and the compensation you are entitled to. Phone our office as soon as you can at (562) 526-1224 to schedule an appointment with us so we can make sure your case moves in a successful direction.
It all seemed like just another work day to you as you went about your job and took care of your responsibilities. Suddenly, as you are working, something happens. It could be a slip and fall on the work floor or in the stairwell, or perhaps there is a mechanical failure with the equipment you are working with. Whatever the situation, you suddenly find yourself on the ground, in pain and in need of medical attention. Your first thought is to take care of your injuries and get medical attention, but while you are on your way to the doctor or hospital, your mind starts to sort through all the potential problems that can come from this injury. Right now you may need the help of a work accident attorney so that you know what to do next.
Long-Term or Permanent Injuries
Even if an injury does not seem severe at first, it is possible your injuries can prevent you from working for many months or leave you permanently disabled. In situations like this, you may feel at a loss as to what to do or where to turn. You worry about how you will support your family, afford your bills and get the medical treatment you may need for the rest of your life if you are unable to work again. Most people facing a situation like this are unsure about the proper steps to take to work to get the compensation that they are entitled to under the law. Talking to the right lawyer can make an important difference to you.
Legal Guidance at a Trying Time
At this difficult time, to help you make the best decisions, you will want to speak with a work accident attorney like ours here at Belal Hamideh Law. An attorney that has a deep knowledge of worker’s compensation law and workplace injuries is the one that you need on your side right now. Our attorney can step in and help guide you through the process, making sure you get the medical attention you need and fighting for your rights so that you get the benefits and compensation that will provide for you and your family.
Get the Best Advice
Take the time to make an appointment with us at Belal Hamideh Law so you can speak with a work accident attorney. You can schedule a free, no-risk consultation with us when you call our office at 562-526-1224 . We can talk about your case in a safe and confidential atmosphere so you can learn what your next steps should be and what options are best for you now.
Long-Term or Permanent Injuries
Even if an injury does not seem severe at first, it is possible your injuries can prevent you from working for many months or leave you permanently disabled. In situations like this, you may feel at a loss as to what to do or where to turn. You worry about how you will support your family, afford your bills and get the medical treatment you may need for the rest of your life if you are unable to work again. Most people facing a situation like this are unsure about the proper steps to take to work to get the compensation that they are entitled to under the law. Talking to the right lawyer can make an important difference to you.
Legal Guidance at a Trying Time
At this difficult time, to help you make the best decisions, you will want to speak with a work accident attorney like ours here at Belal Hamideh Law. An attorney that has a deep knowledge of worker’s compensation law and workplace injuries is the one that you need on your side right now. Our attorney can step in and help guide you through the process, making sure you get the medical attention you need and fighting for your rights so that you get the benefits and compensation that will provide for you and your family.
Get the Best Advice
Take the time to make an appointment with us at Belal Hamideh Law so you can speak with a work accident attorney. You can schedule a free, no-risk consultation with us when you call our office at 562-526-1224 . We can talk about your case in a safe and confidential atmosphere so you can learn what your next steps should be and what options are best for you now.
No. Don’t do it. You don’t want to talk to any insurance adjuster or even an insurance company representative until you first speak to an experienced Long Beach personal injury lawyer.
While it may seem harmless to provide information, speaking to insurance adjusters without legal guidance can jeopardize your personal injury case. We’ll go into it in greater depth below, but the insurance company does not have your best interests at heart. They may try to do everything in their power to make sure that you receive less compensation than you deserve.
While it may seem harmless to provide information, speaking to insurance adjusters without legal guidance can jeopardize your personal injury case. We’ll go into it in greater depth below, but the insurance company does not have your best interests at heart. They may try to do everything in their power to make sure that you receive less compensation than you deserve.
The value of a personal injury case depends on several factors, including the severity of your injuries, the impact on your life, and the circumstances of the accident. Other factors that will influence how much your claim is worth include the extent to which all involved parties were at fault, the evaluation policy of the insurance companies, the quality of your Long Beach personal injury attorney, and much more.
With Belal Hamideh Law, you only pay if we win. Even then, our payment comes out of your eventual settlement. You don’t have to pay upfront. You don’t have to pay anything out of your own pocket. We work on contingency. So, you can hire Belal Hamideh as your Long Beach personal injury lawyer without having to put any money down. That’s what “you only pay if we win” means. We do win 99% of the time.
If you’ve been hurt in an accident, your best course of action is to reach out to a personal injury lawyer in Long Beach with experience. Under no circumstances should you talk to anyone else about your case, especially if they’re from the insurance company of the other person in your accident.
Anything you have that relates to your injury. If you have something that’s related to your accident, bring it along. The more you have, the better. Pics and video of the accident scene, your medical treatment and billing info, a Traffic Collision Report (if you have it), contact information for all parties involved, their insurance information, information about witnesses (if you have it), and anything else. As an experienced personal injury lawyer in Long Beach, Belal Hamideh can use all of that to strengthen your case.
If you have been injured due to the negligent and/or reckless act of another, then you very well may have a personal injury case. An experienced personal injury attorney can help you to recover maximum compensation for all that you’ve been through. To schedule a free case evaluation with Belal Hamideh, you can reach him through this site or call.
Personal Injury Attorney Who Can Help
Have you sustained harm due to negligence or reckless acts of another? Or perhaps you've experienced pain and suffering at the hands of another's carelessness? If this resonates with your current predicament, you could have a viable claim for compensation. In circumstances where someone else's behavior results in your injury, engaging the services of a seasoned personal injury attorney like Belal Hamideh based in California, could be your lifeline. With his wealth of experience, Belal endeavors to assist you in securing the highest attainable compensation.
Suppose you find yourself in a situation where there is even a remote likelihood that your injuries resulted from someone else's wrongdoing, it is worthwhile to consult an attorney with deep understanding and experience. Get in touch with Belal today for a complimentary case assessment. We're also fluent in Spanish.
What Does My Personal Injury Claim Entail?
The value of your claim doesn't rely on a standard measure. It could be influenced by several elements such as medical bills, lost income, suffered distress, and various others. Belal Hamideh's sole mission is to obtain the most recompense for his clients. You stand to recover both economic and non-economic damages.
This compensation could cover medical expenditures, prescription costs, therapy expenses, lost wages, in addition to the unfathomable toll of your suffering. Belal is committed to ensuring that you secure what is rightfully due to you.
The Significance of Skilled Representation in Personal Injury Cases
Belal brings an extensive understanding of the legal system and regulations that oversee personal injury claims. This knowledge can be leveraged as a strategic advantage, especially when dealing with the complexities and constant changes in law.
The primary benefit of having competent legal representation is the capacity to precisely measure the worth of your claim. The evaluation is grounded not on random numbers or approximations but on real-world experience. This thorough appraisal ensures you're well-informed about the possible outcomes, empowering you to make knowledgeable decisions regarding your case.
What Types of Cases Can Belal Assist With?
Throughout his professional journey, Belal has successfully handled a diverse range of personal injury cases, including:
Motor Vehicle Accidents: All drivers are legally required to observe "duty of care" on the roads. If negligence or reckless conduct breaches this duty, the injured party has a right to compensation.
Tractor-Trailer and Big Rig Accidents: These accidents, involving large vehicles, are among the most hazardous. Belal and his team can identify all parties accountable for your accident and pursue legal action against them.
Pedestrian and Bicycle Accidents: Accidents due to negligence can cause severe injuries to pedestrians and cyclists. Competent legal representation is vital in securing rightful compensation for your injuries.
Motorcycle Accidents: Motorcyclists often find themselves victims of accidents they were not responsible for. A personal injury attorney aids in determining liability and advocating for your rights.
Slip and Fall Accidents: If you sustain injuries after a fall on another’s property due to an unattended hazard, compensation may be due. A personal injury attorney can hold the responsible party accountable, ensuring you receive justified compensation for your suffering.
Construction Site Accidents: Sites involving large machinery often involve multiple parties. A seasoned attorney can conduct comprehensive investigations to identify all liable parties, enabling you to pursue claims against everyone involved.
Wrongful Death: In cases involving the unfortunate demise of a loved one, a personal injury attorney provides unwavering support, guiding you through legal complexities to secure rightful compensation.
Belal can also assist with dog bite cases, issues with rideshare apps like UBER, and many others. He is ready to stand up for your rights and pursue the restitution you deserve.
What's Your Next Move After An Accident Injury?
The steps you take in the aftermath of an accident can massively shape the progression of your case. Your immediate, paramount goal? Get to safety. Try to extricate yourself from any further danger as much as possible.
The next crucial step is to contact the authorities. You should also seek medical help, even when it appears you're unscathed. While the focus is rightly on your safety, it's advisable, if feasible, to document the incident.
Exchanging contact and insurance details with the other driver(s) involved is essential too. Throughout this process, remember: admitting fault is counterproductive, as is being unduly harsh or exaggerating details.
After you've alerted the authorities and secured the necessary medical care, turning to Belal is an excellent move.
How Do You Afford A Personal Injury Lawyer?
Belal operates on a contingency fee basis, which means you are not required to pay any upfront fees. Under this deal, there are no start-up costs; Belal's reward is dependent on your case's successful resolution. In simpler terms, you only pay if the outcome is in your favor.
Most likely, your payment will come out of your settlement. This payment model not only makes legal representation attainable but also gives your attorney a significant incentive to vigorously advocate for your cause.
What's The Time Limit to File a Personal Injury Claim in California?
Generally, you have a two-year window from the injury date to file a personal injury claim in California. This might seem like a long time, but it can dwindle quickly. Moreover, certain circumstances might further shorten this timeline. Therefore, it benefits you to consult an attorney promptly.
Who Is Responsible for My Personal Injury?
Identifying who is responsible is a key part of any case. This is an area where Belal proves his worth time and again.
Whether the culpability rests on a careless driver, an irresponsible employer, a property guardian, or a product manufacturer, Belal conducts an exhaustive investigation to pinpoint the liability. With Belal supporting your cause, be assured every path will be investigated to ensure whoever is accountable for your ordeal faces due consequences.
Even if you're somewhat responsible for your accident, you can still recover compensation. Under the "comparative negligence” doctrine, you can gain compensation even if the partial responsibility lies with you. The compensation is then distributed in proportion to your degree of fault, ensuring that shared blame does not result in denied justice.
Belal Hamideh: A Tried-and-True Personal Injury Attorney in California
Dealing with the aftermath of a personal injury incident can be overwhelming. It can weigh heavy on you both emotionally and physically.
Belal Hamideh can make a world of difference. Possessing his skill set on your side can give you the comfort that comes from knowing your case is in competent hands.
More than legal support, he extends empathetic assistance, giving you the vital recovery time you need to focus on your well-being.
For a free case evaluation, don't hesitate to reach out to us via our website or phone call. Turn your personal injury situation into a personal triumph today.
Personal Injury Laws CA
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.
The Impact of Pre-Existing Conditions on Personal Injury Claims
Pre-existing conditions can complicate personal injury claims, as the defendant may argue that the injuries were caused by a pre-existing condition rather than the accident.
The 'eggshell plaintiff' rule: In California, the 'eggshell plaintiff' rule states that a defendant is liable for the full extent of the injuries, even if the plaintiff had a pre-existing condition that made them more susceptible to injury.
Establishing Aggravation: To recover damages for the aggravation of a pre-existing condition, the plaintiff must prove that the accident made the condition worse.
Medical Experts: Medical experts can provide testimony on the impact of the accident on the pre-existing condition and the extent of the aggravation.
Full disclosure of pre-existing conditions is crucial for building a strong case. Attempting to hide a pre-existing condition can damage credibility and weaken the claim.
Understanding the Importance of Medical Documentation
Medical documentation is the cornerstone of any personal injury claim. It provides concrete evidence of the injuries sustained, the necessary medical treatment, and the long-term impact of the injuries.
Medical Records: These records include physician notes, hospital records, diagnostic test results, and treatment plans. They provide a detailed account of the injuries and the medical care received.
Medical Bills: These bills document the cost of medical treatment, including hospital stays, physician visits, and prescription medications.
Photographs and Videos: Visual documentation of injuries can provide compelling evidence of the severity of the harm.
Maintaining a detailed record of all medical appointments, treatments, and expenses is essential for building a strong personal injury case. Any gaps in medical documentation can be used by the opposing side to devalue a claim.
The Role of Expert Witnesses in Personal Injury Cases
In personal injury cases, expert witnesses play a crucial role in providing specialized knowledge and testimony. These experts can help establish liability, demonstrate the extent of injuries, and calculate future damages.
Medical Experts: Physicians, surgeons, and other healthcare professionals can provide expert testimony on the nature and extent of injuries, the necessary medical treatment, and the long-term prognosis.
Accident Reconstruction Experts: These experts can analyze accident scenes, vehicle data, and witness statements to reconstruct the events leading to the accident and determine liability.
Vocational Experts: In cases involving long-term disabilities, vocational experts can assess the impact of injuries on the victim's ability to work and earn a living.
Economic Experts: These experts can calculate the economic damages, including lost wages, future earning capacity, and medical expenses.
The use of expert witnesses greatly increases the quality of a personal injury case, and allows for a jury to understand the full extent of damages.
Personal Injury Attorney Who Can Help
Have you sustained harm due to negligence or reckless acts of another? Or perhaps you've experienced pain and suffering at the hands of another's carelessness? If this resonates with your current predicament, you could have a viable claim for compensation. In circumstances where someone else's behavior results in your injury, engaging the services of a seasoned personal injury attorney like Belal Hamideh based in California, could be your lifeline. With his wealth of experience, Belal endeavors to assist you in securing the highest attainable compensation.
Suppose you find yourself in a situation where there is even a remote likelihood that your injuries resulted from someone else's wrongdoing, it is worthwhile to consult an attorney with deep understanding and experience. Get in touch with Belal today for a complimentary case assessment. We're also fluent in Spanish.
What Does My Personal Injury Claim Entail?
The value of your claim doesn't rely on a standard measure. It could be influenced by several elements such as medical bills, lost income, suffered distress, and various others. Belal Hamideh's sole mission is to obtain the most recompense for his clients. You stand to recover both economic and non-economic damages.
This compensation could cover medical expenditures, prescription costs, therapy expenses, lost wages, in addition to the unfathomable toll of your suffering. Belal is committed to ensuring that you secure what is rightfully due to you.
The Significance of Skilled Representation in Personal Injury Cases
Belal brings an extensive understanding of the legal system and regulations that oversee personal injury claims. This knowledge can be leveraged as a strategic advantage, especially when dealing with the complexities and constant changes in law.
The primary benefit of having competent legal representation is the capacity to precisely measure the worth of your claim. The evaluation is grounded not on random numbers or approximations but on real-world experience. This thorough appraisal ensures you're well-informed about the possible outcomes, empowering you to make knowledgeable decisions regarding your case.
What Types of Cases Can Belal Assist With?
Throughout his professional journey, Belal has successfully handled a diverse range of personal injury cases, including:
Motor Vehicle Accidents: All drivers are legally required to observe "duty of care" on the roads. If negligence or reckless conduct breaches this duty, the injured party has a right to compensation.
Tractor-Trailer and Big Rig Accidents: These accidents, involving large vehicles, are among the most hazardous. Belal and his team can identify all parties accountable for your accident and pursue legal action against them.
Pedestrian and Bicycle Accidents: Accidents due to negligence can cause severe injuries to pedestrians and cyclists. Competent legal representation is vital in securing rightful compensation for your injuries.
Motorcycle Accidents: Motorcyclists often find themselves victims of accidents they were not responsible for. A personal injury attorney aids in determining liability and advocating for your rights.
Slip and Fall Accidents: If you sustain injuries after a fall on another’s property due to an unattended hazard, compensation may be due. A personal injury attorney can hold the responsible party accountable, ensuring you receive justified compensation for your suffering.
Construction Site Accidents: Sites involving large machinery often involve multiple parties. A seasoned attorney can conduct comprehensive investigations to identify all liable parties, enabling you to pursue claims against everyone involved.
Wrongful Death: In cases involving the unfortunate demise of a loved one, a personal injury attorney provides unwavering support, guiding you through legal complexities to secure rightful compensation.
Belal can also assist with dog bite cases, issues with rideshare apps like UBER, and many others. He is ready to stand up for your rights and pursue the restitution you deserve.
What's Your Next Move After An Accident Injury?
The steps you take in the aftermath of an accident can massively shape the progression of your case. Your immediate, paramount goal? Get to safety. Try to extricate yourself from any further danger as much as possible.
The next crucial step is to contact the authorities. You should also seek medical help, even when it appears you're unscathed. While the focus is rightly on your safety, it's advisable, if feasible, to document the incident.
Exchanging contact and insurance details with the other driver(s) involved is essential too. Throughout this process, remember: admitting fault is counterproductive, as is being unduly harsh or exaggerating details.
After you've alerted the authorities and secured the necessary medical care, turning to Belal is an excellent move.
How Do You Afford A Personal Injury Lawyer?
Belal operates on a contingency fee basis, which means you are not required to pay any upfront fees. Under this deal, there are no start-up costs; Belal's reward is dependent on your case's successful resolution. In simpler terms, you only pay if the outcome is in your favor.
Most likely, your payment will come out of your settlement. This payment model not only makes legal representation attainable but also gives your attorney a significant incentive to vigorously advocate for your cause.
What's The Time Limit to File a Personal Injury Claim in California?
Generally, you have a two-year window from the injury date to file a personal injury claim in California. This might seem like a long time, but it can dwindle quickly. Moreover, certain circumstances might further shorten this timeline. Therefore, it benefits you to consult an attorney promptly.
Who Is Responsible for My Personal Injury?
Identifying who is responsible is a key part of any case. This is an area where Belal proves his worth time and again.
Whether the culpability rests on a careless driver, an irresponsible employer, a property guardian, or a product manufacturer, Belal conducts an exhaustive investigation to pinpoint the liability. With Belal supporting your cause, be assured every path will be investigated to ensure whoever is accountable for your ordeal faces due consequences.
Even if you're somewhat responsible for your accident, you can still recover compensation. Under the "comparative negligence” doctrine, you can gain compensation even if the partial responsibility lies with you. The compensation is then distributed in proportion to your degree of fault, ensuring that shared blame does not result in denied justice.
Belal Hamideh: A Tried-and-True Personal Injury Attorney in California
Dealing with the aftermath of a personal injury incident can be overwhelming. It can weigh heavy on you both emotionally and physically.
Belal Hamideh can make a world of difference. Possessing his skill set on your side can give you the comfort that comes from knowing your case is in competent hands.
More than legal support, he extends empathetic assistance, giving you the vital recovery time you need to focus on your well-being.
For a free case evaluation, don't hesitate to reach out to us via our website or phone call. Turn your personal injury situation into a personal triumph today.
Personal Injury Laws CA
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.
The Impact of Pre-Existing Conditions on Personal Injury Claims
Pre-existing conditions can complicate personal injury claims, as the defendant may argue that the injuries were caused by a pre-existing condition rather than the accident.
The 'eggshell plaintiff' rule: In California, the 'eggshell plaintiff' rule states that a defendant is liable for the full extent of the injuries, even if the plaintiff had a pre-existing condition that made them more susceptible to injury.
Establishing Aggravation: To recover damages for the aggravation of a pre-existing condition, the plaintiff must prove that the accident made the condition worse.
Medical Experts: Medical experts can provide testimony on the impact of the accident on the pre-existing condition and the extent of the aggravation.
Full disclosure of pre-existing conditions is crucial for building a strong case. Attempting to hide a pre-existing condition can damage credibility and weaken the claim.
Understanding the Importance of Medical Documentation
Medical documentation is the cornerstone of any personal injury claim. It provides concrete evidence of the injuries sustained, the necessary medical treatment, and the long-term impact of the injuries.
Medical Records: These records include physician notes, hospital records, diagnostic test results, and treatment plans. They provide a detailed account of the injuries and the medical care received.
Medical Bills: These bills document the cost of medical treatment, including hospital stays, physician visits, and prescription medications.
Photographs and Videos: Visual documentation of injuries can provide compelling evidence of the severity of the harm.
Maintaining a detailed record of all medical appointments, treatments, and expenses is essential for building a strong personal injury case. Any gaps in medical documentation can be used by the opposing side to devalue a claim.
The Role of Expert Witnesses in Personal Injury Cases
In personal injury cases, expert witnesses play a crucial role in providing specialized knowledge and testimony. These experts can help establish liability, demonstrate the extent of injuries, and calculate future damages.
Medical Experts: Physicians, surgeons, and other healthcare professionals can provide expert testimony on the nature and extent of injuries, the necessary medical treatment, and the long-term prognosis.
Accident Reconstruction Experts: These experts can analyze accident scenes, vehicle data, and witness statements to reconstruct the events leading to the accident and determine liability.
Vocational Experts: In cases involving long-term disabilities, vocational experts can assess the impact of injuries on the victim's ability to work and earn a living.
Economic Experts: These experts can calculate the economic damages, including lost wages, future earning capacity, and medical expenses.
The use of expert witnesses greatly increases the quality of a personal injury case, and allows for a jury to understand the full extent of damages.
In the context of law, when someone’s death is caused by the negligent, reckless, or even intentional act of another, that’s considered a “wrongful” death. Should it be intentional, then that could be a criminal issue.
If you believe someone you love may have been killed due to the negligent actions of another, then it’s worth it to reach out to an experienced wrongful death attorney. Do so by reaching Belal Hamideh through this site or calling.
How a Wrongful Death Attorney Can Assist
The unprecedented loss of a cherished life due to the irresponsible actions of another individual is profoundly heartbreaking. A person's thoughtless or reckless behavior might be responsible for the unfortunate demise of your loved one. Even though no amount of money can fully compensate for your loss, it's vital to remember that you're lawfully entitled to seek reparation. Collaborating with a competent wrongful death attorney can bolster your case, facilitating your quest to obtain financial compensation to cover funeral costs, medical bills, and the emotional distress experienced during this heartrending period.
Meet Belal Hamideh, a distinguished wrongful death attorney practicing in California. With a history marked by a plethora of successfully settled wrongful death lawsuits, his expertise serves as a powerful weapon in your battle for justice. Belal's comprehensive experience is leveraged to fervently represent your cause, ensuring that you secure the highest possible monetary compensation for your tribulations. He offers a free case review where he evaluates the potential worth of your claim and explains how he can be of assistance.
Understanding Wrongful Death
According to California law, wrongful death is described as a situation where a person's wrongful act results in the death of another individual. These acts can range from careless and thoughtless actions to intentional harm. If the act was deliberate, it could possibly lead to criminal charges against the offender.
Do you find yourself in similar circumstances? There is a likelihood that you have a legitimate claim for a wrongful death lawsuit. If you have any doubts regarding your eligibility to file a lawsuit, consulting an experienced attorney is a wise decision.
Proving a Wrongful Death Case
To validate a wrongful death claim, four specific elements need to be proven. The main element is to provide evidence that the defendant's careless, neglectful, or thoughtless behavior caused your loved one's death. Remember, even if the defendant's actions contributed partially to the death, your claim is valid.
The second component is to prove the defendant's responsibility towards your deceased loved one. Depending on the situation, this responsibility could differ – for instance, a doctor's duty to attend to their patient or a driver’s obligation to abide by traffic rules.
Next, it should be demonstrated that the defendant's failure to honor their duty resulted in your loved one's death. Lastly, the evidence should confirm that your loved one's death has resulted in quantifiable damages. These damages could include medical costs, funeral expenses, loss of income or anticipated income, and emotional distress experienced by you. It might also cover the loss of guidance, shelter, and inheritance.
Embarking on the journey of a wrongful death lawsuit could be fraught with complexities and obstacles. However, with an experienced attorney like Belal Hamideh at your side, you can confidently navigate this route. Owing to his profound experience and expertise in California wrongful death cases, Belal provides the committed representation you need to fight for the justice you truly deserve.
Exploring Potential Damages in Cases of Wrongful Death
In wrongful death situations, potential compensation is influenced by a myriad of factors. Some of these include the age of the deceased at the time of death, the life expectancy of the plaintiff, among other considerations.
Financial damages predominantly include costs such as funeral or burial expenses, the projected financial assistance the beneficiaries expected to receive, loss of home services, and anticipated gifts or other benefits stemming from the deceased.
Conversely, intangible damages cater to the emotional turmoil caused by the untimely loss of a family member. This loss can extend to emotional support, intimacy, protection, moral support, guidance, instruction, and lost consortium.
It must be noted that under the jurisdiction of California, punitive damages are not permitted in wrongful death cases. To pursue punitive damages, a survival action must be initiated concurrently with the wrongful death claim if both have been instigated by the same wrongful act.
During your consultation with Belal, he will use his significant experience to outline plausible scenarios for your case and formulate a strategic action plan to put you in the most favorable position possible.
Understanding Who Can Seek Compensation in Wrongful Death Cases
Comprehending the legal boundaries that identify who can claim compensation in wrongful death lawsuits is crucial. In most cases, the immediate family—spouses and children—are the prime candidates to launch a wrongful death claim. In situations where there are no dependents or direct family, parents may be considered the beneficiaries.
The stipulations for compensation eligibility in wrongful death cases can be complex and may lead to uncertainty about potential reparations and eligibility. To successfully chart this complicated course, the wisdom of an attorney well-versed in wrongful death cases, such as Belal Hamideh, is essential.
Decoding Compensation Structure For California's Wrongful Death Cases
A frequent question many individuals grapple with is – what kind of compensation can one anticipate in a wrongful death case in California? The compensation typically divides into two chief categories - financial and non-material damages. Financial damages cover tangible and calculable expenses such as funeral and burial costs, accumulated medical expenses, and lost earnings. On the other hand, non-material damages comprise the harder-to-assess emotional sorrow, loss of companionship, and loss of moral support suffered.
Notwithstanding the inherent challenge in assigning a monetary value to these intangible damages, the commitment to ensuring that clients secure the highest possible compensation remains unwavering.
The Key Role of Belal Hamideh, California Wrongful Death Attorney
The ordeal of losing a loved one is distressing and becomes even more challenging when the death results from someone else’s negligence. At such times, the support of an experienced wrongful death attorney like Belal Hamideh can provide invaluable assistance in the pursuit of justice. With dedication and diligence, Belal handles every aspect of your case, offering a sense of relief during this testing period.
Belal and his team prioritize their clients' support by assuming complete responsibility for the entire legal process. They understand how daunting it can be to simultaneously grieve the loss and navigate legal intricacies. By sharing this load, Belal and his team free clients to focus on mourning and cherishing the memories of the departed.
Upon accepting a case, Belal’s team promptly initiates an exhaustive investigation to comprehend the events leading to the wrongful death. The objective is to unravel the truth and craft a robust case by identifying all parties linked to the incident. If multiple entities bear responsibility for the wrongful death, the goal is to hold them to account for their communal culpability. If for example, the case involves a large truck accident, liable parties could include the driver, the individual responsible for loading the truck, the truck owner, others involved in road use, and the entity charged with road maintenance. The objective is to uncover the truth and leverage it to reinforce the case.
Throughout this intricate process, Belal and his team act as steadfast allies, providing guidance, updates, and emotional backing at every stage. The trauma of losing a loved one can be emotionally taxing. Hence, they strive to lessen the emotional load by providing clarity, reassurance, and hope.
Comprehending the Payment Procedure
One unique feature that renders Belal Hamideh's practice distinct is their contingency fee setup. Customers are not saddled with a preliminary payment or any out-of-pocket withdrawals. Instead, the fee is computed from and subtracted from the eventual settlement or the case's victories. This plan is deliberately decided upon to alleviate the financial stress that clients experience during this demanding period.
Under this fee structure, payment to the law firm is only permitted if the case is a success. Regulatory bodies might employ extreme tactics to withhold just compensation, but rest assured that Belal, along with his proficient team, is adequately resourced to counteract such strategies. They hold their 99% success rate in high esteem, committing wholeheartedly to ensuring just compensation for their clients.
To further assist clients, Belal collaborates with healthcare professionals who function on a contingency basis. So, if a client requires medical attention, they can liaise with these professionals, with their fee also deducted from any settlement. This all-rounded strategy in handling wrongful death lawsuits sets Belal Hamideh out as a reliable option for Californians in search of justice.
The Differences Between “Wrongful Death” and “Homicide”
An isolated incident can potentially culminate in both a wrongful death lawsuit and a criminal charge. The key detail to note here is the significant contrast between these two legal terminologies.
A wrongful death case, being a civil lawsuit, seeks financial redress for the survivors. In such a scenario, heirs are eligible for both economic and non-economic damages for the disturbing passing of a kin.
On the other hand, criminal homicide cases imply that the defendant is facing criminal charges, with a likelihood of prison time if found guilty.
Contrasting Evidence Standards and Timelines in Wrongful Death and Criminal Homicide Cases
Legal processes vary considerably regarding the type of evidence essential for criminal and civil cases. During criminal trials, the evidence must establish the defendant's guilt beyond any reasonable doubt.
On the flip side, civil lawsuits necessitate evidence that meets the "preponderance of evidence" rule. In simpler terms, to succeed in a wrongful death case, you need to show that it is more than likely that the defendant's negligence led to the death of your loved one.
While a civil process doesn't necessitate strict evidence standards like a criminal trial, having a competent attorney greatly enhances the likelihood of a winning verdict.
Deadline for Filing a Wrongful Death Lawsuit in California
In California, wrongful death lawsuits have a statute of limitations of two years. This provides a two-year buffer from the day of passing to lodge a wrongful death lawsuit.
However, this period can rapidly diminish as you manage the various other matters that demand attention following a loved one's demise. The timeframe narrows even further—to half a year—if the government is a defendant (as seen in a California government tort claim).
Maneuvering these legal intricacies can be daunting and perplexing. Maintaining strict adherence to these timeframes is crucial as any delay could result in loss of the right to legal recourse. No individual should have to lose the chance to seek justice for their loved one's premature demise.
The Complex Calculation of Wrongful Death Compensation
Understanding the determining factors influencing the value of your wrongful death claim requires a critical overview of all possible components that might affect its merit. Each state, inclusive of California, has specific legislation concerning damages. Uncommonly, California doesn't restrict damages, allowing jurors the authority to potentially grant considerable awards in wrongful death cases.
Elements such as the age of the deceased, the number of minor children and their ages, the circumstances of the accident, the degree of financial reliance on the deceased by the spouse, among others, can affect case valuation.
These elements can either augment or reduce a family’s settlement. For instance, a case involving the death of an elderly relative, who has no surviving spouse or children and carries significant blame for the incident, is liable to yield a smaller settlement. Conversely, a case involving a deceased individual with dependents and little blame is likely to result in a larger settlement.
In your representation, Belal Hamideh conducts a thorough evaluation of your case. Subsequent to this, he develops a targeted strategy that could prove beneficial for you.
Dealing with the passing of a loved one due to another's carelessness can indeed be one of the hardest trials life throws your way. Belal Hamideh, a highly regarded Wrongful Death Attorney based in California, comprehends that he cannot erase this difficult predicament, however, he is committed to lighten your load. Steadfast in fighting for your rights, he draws on his substantial knowledge and experience to assist you in obtaining the most substantial compensation for your heart-rending experience. Reach out to us through our website or give us a call for a complimentary case evaluation.
Preserving Evidence and Building a Strong Case
In wrongful death cases, time is of the essence. The sooner an investigation begins, the greater the chances of preserving critical evidence and building a strong case.
Physical Evidence: Accident scenes can change rapidly, and physical evidence, such as skid marks, debris, and surveillance footage, can be lost or altered. Prompt investigation ensures that this evidence is documented and preserved.
Witness Testimony: Memories fade, and witnesses may become unavailable. Conducting witness interviews as soon as possible is crucial for capturing accurate and detailed accounts of the events leading to the death.
Medical Records: Obtaining medical records promptly is essential for establishing the cause of death and the extent of injuries. Delays can result in missing or incomplete records.
Digital Evidence: In today's digital age, electronic data, such as smartphone records, vehicle black box data, and surveillance footage, can provide valuable insights. However, this data may be overwritten or deleted, making prompt retrieval essential.
According to the National Institute of Standards and Technology (NIST), digital evidence preservation requires specific procedures to ensure its integrity and admissibility in court.
Delays in investigation can significantly weaken a case, making it more challenging to establish liability and recover fair compensation.
The Role of Insurance Companies in Wrongful Death Claims
Insurance companies play a significant role in many wrongful death cases, particularly those involving vehicular accidents or workplace incidents. It's crucial to understand that insurance companies are businesses, and their primary goal is to minimize payouts.
Tactics Used by Insurance Companies:
Lowball Offers: Insurance companies may offer quick settlements that are significantly lower than the actual value of the claim.
Denying Liability: They may attempt to deny liability or shift blame to the deceased or other parties.
Delaying Claims: They may delay claims to pressure survivors into accepting lower settlements.
Requesting Recorded Statements: They may request recorded statements from survivors, which can be used against them later.
The California Department of Insurance provides resources and information on insurance regulations and consumer rights.
It's essential to have an experienced wrongful death attorney handle all communications with insurance companies. An attorney can protect your rights and ensure that you receive fair compensation.
It is also wise to never sign any document from an insurance company without first consulting an attorney.
The Impact of Wrongful Death on Children: Unique Considerations
The loss of a parent or loved one can have a particularly devastating impact on children. Wrongful death cases involving children require unique considerations to address their specific needs.
Emotional Impact: Children may experience intense grief, anxiety, and behavioral changes following the loss of a loved one. They may also struggle with feelings of abandonment and insecurity.
Financial Impact: The loss of a parent can significantly impact a child's financial security, particularly if the deceased was the primary breadwinner.
Educational Impact: Grief can affect a child's academic performance and ability to focus in school.
Legal Considerations:
Guardianship: Wrongful death settlements for minors may require the appointment of a guardian to manage the funds.
Structured Settlements: These settlements provide periodic payments to ensure that the funds are used for the child's long-term needs.
The American Academy of Pediatrics provides resources and information on child grief and bereavement. It is important to seek out mental health professionals that specialize in childhood grief if a child has experienced the loss of a loved one.
If you believe someone you love may have been killed due to the negligent actions of another, then it’s worth it to reach out to an experienced wrongful death attorney. Do so by reaching Belal Hamideh through this site or calling.
How a Wrongful Death Attorney Can Assist
The unprecedented loss of a cherished life due to the irresponsible actions of another individual is profoundly heartbreaking. A person's thoughtless or reckless behavior might be responsible for the unfortunate demise of your loved one. Even though no amount of money can fully compensate for your loss, it's vital to remember that you're lawfully entitled to seek reparation. Collaborating with a competent wrongful death attorney can bolster your case, facilitating your quest to obtain financial compensation to cover funeral costs, medical bills, and the emotional distress experienced during this heartrending period.
Meet Belal Hamideh, a distinguished wrongful death attorney practicing in California. With a history marked by a plethora of successfully settled wrongful death lawsuits, his expertise serves as a powerful weapon in your battle for justice. Belal's comprehensive experience is leveraged to fervently represent your cause, ensuring that you secure the highest possible monetary compensation for your tribulations. He offers a free case review where he evaluates the potential worth of your claim and explains how he can be of assistance.
Understanding Wrongful Death
According to California law, wrongful death is described as a situation where a person's wrongful act results in the death of another individual. These acts can range from careless and thoughtless actions to intentional harm. If the act was deliberate, it could possibly lead to criminal charges against the offender.
Do you find yourself in similar circumstances? There is a likelihood that you have a legitimate claim for a wrongful death lawsuit. If you have any doubts regarding your eligibility to file a lawsuit, consulting an experienced attorney is a wise decision.
Proving a Wrongful Death Case
To validate a wrongful death claim, four specific elements need to be proven. The main element is to provide evidence that the defendant's careless, neglectful, or thoughtless behavior caused your loved one's death. Remember, even if the defendant's actions contributed partially to the death, your claim is valid.
The second component is to prove the defendant's responsibility towards your deceased loved one. Depending on the situation, this responsibility could differ – for instance, a doctor's duty to attend to their patient or a driver’s obligation to abide by traffic rules.
Next, it should be demonstrated that the defendant's failure to honor their duty resulted in your loved one's death. Lastly, the evidence should confirm that your loved one's death has resulted in quantifiable damages. These damages could include medical costs, funeral expenses, loss of income or anticipated income, and emotional distress experienced by you. It might also cover the loss of guidance, shelter, and inheritance.
Embarking on the journey of a wrongful death lawsuit could be fraught with complexities and obstacles. However, with an experienced attorney like Belal Hamideh at your side, you can confidently navigate this route. Owing to his profound experience and expertise in California wrongful death cases, Belal provides the committed representation you need to fight for the justice you truly deserve.
Exploring Potential Damages in Cases of Wrongful Death
In wrongful death situations, potential compensation is influenced by a myriad of factors. Some of these include the age of the deceased at the time of death, the life expectancy of the plaintiff, among other considerations.
Financial damages predominantly include costs such as funeral or burial expenses, the projected financial assistance the beneficiaries expected to receive, loss of home services, and anticipated gifts or other benefits stemming from the deceased.
Conversely, intangible damages cater to the emotional turmoil caused by the untimely loss of a family member. This loss can extend to emotional support, intimacy, protection, moral support, guidance, instruction, and lost consortium.
It must be noted that under the jurisdiction of California, punitive damages are not permitted in wrongful death cases. To pursue punitive damages, a survival action must be initiated concurrently with the wrongful death claim if both have been instigated by the same wrongful act.
During your consultation with Belal, he will use his significant experience to outline plausible scenarios for your case and formulate a strategic action plan to put you in the most favorable position possible.
Understanding Who Can Seek Compensation in Wrongful Death Cases
Comprehending the legal boundaries that identify who can claim compensation in wrongful death lawsuits is crucial. In most cases, the immediate family—spouses and children—are the prime candidates to launch a wrongful death claim. In situations where there are no dependents or direct family, parents may be considered the beneficiaries.
The stipulations for compensation eligibility in wrongful death cases can be complex and may lead to uncertainty about potential reparations and eligibility. To successfully chart this complicated course, the wisdom of an attorney well-versed in wrongful death cases, such as Belal Hamideh, is essential.
Decoding Compensation Structure For California's Wrongful Death Cases
A frequent question many individuals grapple with is – what kind of compensation can one anticipate in a wrongful death case in California? The compensation typically divides into two chief categories - financial and non-material damages. Financial damages cover tangible and calculable expenses such as funeral and burial costs, accumulated medical expenses, and lost earnings. On the other hand, non-material damages comprise the harder-to-assess emotional sorrow, loss of companionship, and loss of moral support suffered.
Notwithstanding the inherent challenge in assigning a monetary value to these intangible damages, the commitment to ensuring that clients secure the highest possible compensation remains unwavering.
The Key Role of Belal Hamideh, California Wrongful Death Attorney
The ordeal of losing a loved one is distressing and becomes even more challenging when the death results from someone else’s negligence. At such times, the support of an experienced wrongful death attorney like Belal Hamideh can provide invaluable assistance in the pursuit of justice. With dedication and diligence, Belal handles every aspect of your case, offering a sense of relief during this testing period.
Belal and his team prioritize their clients' support by assuming complete responsibility for the entire legal process. They understand how daunting it can be to simultaneously grieve the loss and navigate legal intricacies. By sharing this load, Belal and his team free clients to focus on mourning and cherishing the memories of the departed.
Upon accepting a case, Belal’s team promptly initiates an exhaustive investigation to comprehend the events leading to the wrongful death. The objective is to unravel the truth and craft a robust case by identifying all parties linked to the incident. If multiple entities bear responsibility for the wrongful death, the goal is to hold them to account for their communal culpability. If for example, the case involves a large truck accident, liable parties could include the driver, the individual responsible for loading the truck, the truck owner, others involved in road use, and the entity charged with road maintenance. The objective is to uncover the truth and leverage it to reinforce the case.
Throughout this intricate process, Belal and his team act as steadfast allies, providing guidance, updates, and emotional backing at every stage. The trauma of losing a loved one can be emotionally taxing. Hence, they strive to lessen the emotional load by providing clarity, reassurance, and hope.
Comprehending the Payment Procedure
One unique feature that renders Belal Hamideh's practice distinct is their contingency fee setup. Customers are not saddled with a preliminary payment or any out-of-pocket withdrawals. Instead, the fee is computed from and subtracted from the eventual settlement or the case's victories. This plan is deliberately decided upon to alleviate the financial stress that clients experience during this demanding period.
Under this fee structure, payment to the law firm is only permitted if the case is a success. Regulatory bodies might employ extreme tactics to withhold just compensation, but rest assured that Belal, along with his proficient team, is adequately resourced to counteract such strategies. They hold their 99% success rate in high esteem, committing wholeheartedly to ensuring just compensation for their clients.
To further assist clients, Belal collaborates with healthcare professionals who function on a contingency basis. So, if a client requires medical attention, they can liaise with these professionals, with their fee also deducted from any settlement. This all-rounded strategy in handling wrongful death lawsuits sets Belal Hamideh out as a reliable option for Californians in search of justice.
The Differences Between “Wrongful Death” and “Homicide”
An isolated incident can potentially culminate in both a wrongful death lawsuit and a criminal charge. The key detail to note here is the significant contrast between these two legal terminologies.
A wrongful death case, being a civil lawsuit, seeks financial redress for the survivors. In such a scenario, heirs are eligible for both economic and non-economic damages for the disturbing passing of a kin.
On the other hand, criminal homicide cases imply that the defendant is facing criminal charges, with a likelihood of prison time if found guilty.
Contrasting Evidence Standards and Timelines in Wrongful Death and Criminal Homicide Cases
Legal processes vary considerably regarding the type of evidence essential for criminal and civil cases. During criminal trials, the evidence must establish the defendant's guilt beyond any reasonable doubt.
On the flip side, civil lawsuits necessitate evidence that meets the "preponderance of evidence" rule. In simpler terms, to succeed in a wrongful death case, you need to show that it is more than likely that the defendant's negligence led to the death of your loved one.
While a civil process doesn't necessitate strict evidence standards like a criminal trial, having a competent attorney greatly enhances the likelihood of a winning verdict.
Deadline for Filing a Wrongful Death Lawsuit in California
In California, wrongful death lawsuits have a statute of limitations of two years. This provides a two-year buffer from the day of passing to lodge a wrongful death lawsuit.
However, this period can rapidly diminish as you manage the various other matters that demand attention following a loved one's demise. The timeframe narrows even further—to half a year—if the government is a defendant (as seen in a California government tort claim).
Maneuvering these legal intricacies can be daunting and perplexing. Maintaining strict adherence to these timeframes is crucial as any delay could result in loss of the right to legal recourse. No individual should have to lose the chance to seek justice for their loved one's premature demise.
The Complex Calculation of Wrongful Death Compensation
Understanding the determining factors influencing the value of your wrongful death claim requires a critical overview of all possible components that might affect its merit. Each state, inclusive of California, has specific legislation concerning damages. Uncommonly, California doesn't restrict damages, allowing jurors the authority to potentially grant considerable awards in wrongful death cases.
Elements such as the age of the deceased, the number of minor children and their ages, the circumstances of the accident, the degree of financial reliance on the deceased by the spouse, among others, can affect case valuation.
These elements can either augment or reduce a family’s settlement. For instance, a case involving the death of an elderly relative, who has no surviving spouse or children and carries significant blame for the incident, is liable to yield a smaller settlement. Conversely, a case involving a deceased individual with dependents and little blame is likely to result in a larger settlement.
In your representation, Belal Hamideh conducts a thorough evaluation of your case. Subsequent to this, he develops a targeted strategy that could prove beneficial for you.
Dealing with the passing of a loved one due to another's carelessness can indeed be one of the hardest trials life throws your way. Belal Hamideh, a highly regarded Wrongful Death Attorney based in California, comprehends that he cannot erase this difficult predicament, however, he is committed to lighten your load. Steadfast in fighting for your rights, he draws on his substantial knowledge and experience to assist you in obtaining the most substantial compensation for your heart-rending experience. Reach out to us through our website or give us a call for a complimentary case evaluation.
Preserving Evidence and Building a Strong Case
In wrongful death cases, time is of the essence. The sooner an investigation begins, the greater the chances of preserving critical evidence and building a strong case.
Physical Evidence: Accident scenes can change rapidly, and physical evidence, such as skid marks, debris, and surveillance footage, can be lost or altered. Prompt investigation ensures that this evidence is documented and preserved.
Witness Testimony: Memories fade, and witnesses may become unavailable. Conducting witness interviews as soon as possible is crucial for capturing accurate and detailed accounts of the events leading to the death.
Medical Records: Obtaining medical records promptly is essential for establishing the cause of death and the extent of injuries. Delays can result in missing or incomplete records.
Digital Evidence: In today's digital age, electronic data, such as smartphone records, vehicle black box data, and surveillance footage, can provide valuable insights. However, this data may be overwritten or deleted, making prompt retrieval essential.
According to the National Institute of Standards and Technology (NIST), digital evidence preservation requires specific procedures to ensure its integrity and admissibility in court.
Delays in investigation can significantly weaken a case, making it more challenging to establish liability and recover fair compensation.
The Role of Insurance Companies in Wrongful Death Claims
Insurance companies play a significant role in many wrongful death cases, particularly those involving vehicular accidents or workplace incidents. It's crucial to understand that insurance companies are businesses, and their primary goal is to minimize payouts.
Tactics Used by Insurance Companies:
Lowball Offers: Insurance companies may offer quick settlements that are significantly lower than the actual value of the claim.
Denying Liability: They may attempt to deny liability or shift blame to the deceased or other parties.
Delaying Claims: They may delay claims to pressure survivors into accepting lower settlements.
Requesting Recorded Statements: They may request recorded statements from survivors, which can be used against them later.
The California Department of Insurance provides resources and information on insurance regulations and consumer rights.
It's essential to have an experienced wrongful death attorney handle all communications with insurance companies. An attorney can protect your rights and ensure that you receive fair compensation.
It is also wise to never sign any document from an insurance company without first consulting an attorney.
The Impact of Wrongful Death on Children: Unique Considerations
The loss of a parent or loved one can have a particularly devastating impact on children. Wrongful death cases involving children require unique considerations to address their specific needs.
Emotional Impact: Children may experience intense grief, anxiety, and behavioral changes following the loss of a loved one. They may also struggle with feelings of abandonment and insecurity.
Financial Impact: The loss of a parent can significantly impact a child's financial security, particularly if the deceased was the primary breadwinner.
Educational Impact: Grief can affect a child's academic performance and ability to focus in school.
Legal Considerations:
Guardianship: Wrongful death settlements for minors may require the appointment of a guardian to manage the funds.
Structured Settlements: These settlements provide periodic payments to ensure that the funds are used for the child's long-term needs.
The American Academy of Pediatrics provides resources and information on child grief and bereavement. It is important to seek out mental health professionals that specialize in childhood grief if a child has experienced the loss of a loved one.