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Blog | http://belgumlaw.com/blog/2019-04-01T17:49:36+00:00BlogWhat to Expect in Mediation2019-04-01T17:49:36+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/what-to-expect-in-mediation/
Many personal injury cases go through mediation prior to—and, ideally, in lieu of—trial. Mediation is a form of alternative dispute resolution (ADR) in which disputing parties agree to meet with a mediator in an attempt to resolve the dispute without going to trial.

While a judge can require parties to attend mediation, it is usually voluntary. This is advantageous because it means both sides have at least some inclination to reach a settlement.

The Mediation Process

A mediator is a neutral third party whose job it is to help guide parties toward a resolution. Most mediators do this by speaking with both sides separately, facilitating negotiation and encouraging a compromise. Most personal injury mediations occur in a mediator's office, with separate conference rooms where the parties remain throughout the session. The parties generally do not interact with each other directly, with the possible exception of a brief introduction or clarification of specific facts. At the end of mediation, the parties may agree to sign a settlement and release agreement. If a settlement is not reached, the mediator will usually offer other recommendations for resolving the dispute short of trial.

Timing and Timeframe

Mediation most often occurs after a lawsuit has been filed. In rare cases, it may take place beforehand. Disputing parties will often look to schedule mediation at least two months prior to a trial date before they begin to spend additional money preparing for trial. There is more incentive for both sides to settle in mediation early on, as doing so avoids the need for experts, non-party witnesses, jury fees, court reporters and the many other expenses that make trial so costly.

Mediation Costs

The primary benefit of mediation is that it typically costs much less than trial. Retired judges or pro bono mediators will sometimes volunteer their time, though most will charge a fee. The cost for mediation can range from $1,200 to $5,000.00 for a half-day session, with the parties typically splitting this fee evenly. However, when compared to $25,000.00 or more plus additional attorney fees for a simple, week-long trial, mediation is undoubtedly the more cost-effective option. For this reason, a case that settles for less in mediation often puts more money in the plaintiff's pocket than would a larger award from a trial verdict.

The Mediation Brief

Prior to mediation, the attorneys can exchange briefs with both the mediator and the opposing side. Often, the defense attorney chooses to serve a confidential mediation brief, which is shared with the mediator but not the plaintiff's attorney. A plaintiff will almost always share their brief with the defendant as they attempt to provide all the information necessary to encourage the defendant to settle.

Confidentiality

By law (with few exceptions), anything said in mediation—along with any settlement offered—is confidential. This means that statements made and settlement offers exchanged during the mediation process cannot be brought in as evidence at trial. For example, a personal injury attorney in trial cannot claim that the defendant knows they are in the wrong because they offered to settle in mediation. Similarly, the defense attorney cannot use something that the plaintiff claimed in mediation against them at trial. The reason for mediation being confidential is to encourage both sides to speak freely so that the case has a greater chance of being resolved.

Negotiation

Mediation is driven by negotiation. The plaintiff will usually make a demand higher than what they expect to settle for, while the defendant will typically present a lowball initial offer. The goal, of course, is for the two sides to inch toward a compromise.

Keep in mind that mediation is not like a court setting; there are no witnesses and the parties are not under oath. It's also important to understand that a mediator is there to bring both parties closer to a resolution, so they may give both sides a negative spin on their respective standing in order to bridge the gap. A good mediator keeps the conversation going between both parties by getting the plaintiff to lower their demand and the defendant to increase their offer until an agreement is finally reached.

Brackets, Mediator's Proposals and Follow-Up

If negotiation is not effective, the mediator may propose a bracket. For example, they might ask the defendant if they would increase their offer to $100,000.00 if the plaintiff were to reduce their demand to $300,000.00. This can help to bridge large gaps between negotiating parties.

If the case is not settled in mediation, the mediator will sometimes make a last attempt at a compromise by sending a proposal for settlement to both sides separately (usually through email). Each party responds to the mediator's proposal by a given deadline, and if both parties accept, the case settles for the given amount. If either party declines, the parties do not get to see whether the other accepted or declined. The mediator's proposal is designed to allow both sides to let down their guard without giving up negotiating leverage.

Mediation for a Personal Injury Settlement

If you have been injured and believe another party is at fault, contact the Law Offices of Belgum, Fry & Van Allen for a free case evaluation to determine whether mediation might be a viable solution for you to receive the compensation you deserve.
Will vs. Living Trust Pt. 3 – Minor Children2018-08-28T19:26:29+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/will-vs-living-trust-pt-3-minor-children/
When an estate owner passes away leaving a surviving minor child, the other parent usually becomes the minor's guardian. However, what if both parents die simultaneously or within a short span of time before their child reaches adulthood? Or, what if one parent becomes incapable of caring for the child, and the capable parent passes away? Who will care for their minor child? Estate planning can help parents mitigate some of these significant concerns.

Estate Planning with a Will

In a will, parents can nominate the guardian(s) of minor children in case a natural guardian is unable or not suited to serve. The will can also include an explanation for the nomination(s) and or declination(s) of guardian(s). Although, the court has the final stamp of approval, the judge can at least have guidance from the children's parents from their will.

The court will likely respect the nomination of a guardian from a parent's will. However, the financial issues are still left in question. If a child inherits more than $5,000, the court will have to get involved unless the parent who left the money arranged for the money to go into a trust. If a child inherits over $20,000, the court can order that the money be deposited in a blocked account with withdrawal only by a court order. When the child turns 18 years old, the previously blocked account becomes fully accessible to the child.

Estate Planning with a Living Trust

A living trust allows parents to design when and how their children will receive their inheritance. Parents, for example, can leave instructions for the trustee regarding the management of the trust property for the benefit of their children without court involvement.

Parents can also decide when and how children will receive trust property. Some choose to give their children their inheritance at a specific age or after achieving a certain milestone. Some prefer to stagger the distribution of the funds—for example, one-half at age 25 and the balance of the remaining property at age 30.

Parents cannot predict whether their children will squander their inheritance at age 18 or at age 30, however, they can make reasonable decisions now and plan accordingly.

Securing Your Family's Future

The Law Offices of Belgum, Fry & Van Allen have experienced estate planning attorneys to help you and your family. Contact us today for a free consultation.
Top 5 Reasons to Avoid Probate2018-08-28T19:21:41+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/top-5-reasons-to-avoid-probate/
When someone dies with only a will or without a will, their estate and debts are settled through probate. The legal process of "proving" or validating the will in court can be an unpleasant experience for survivors during their time of grief. It can also have a lasting negative impact on both the estate and the family, due to:

Cost

In California, probate is expensive and involves statutory fees that are non-negotiable. For the first $100,000 of the gross value in the estate, the fee is four (4) percent, amounting to $4,000. Three (3) percent is taken from the next $100,000, and two (2) percent from the following $100,000–$800,000 of the gross estate value.

For an $800,000 estate, for example, the legal fees will be about $19,000—not including court costs such as filing fees and appraisals, which can add to a few thousand dollars more. Personal representatives and executors of the estate are also entitled to statutory fees. Using the example above, an estate with a gross value of $800,000 is subject to $19,000 in attorney fees and another $19,000 in personal representative or executor fees.

Special circumstances can also incur additional costs and legal fees. Many cases require a bond to be paid by the personal representative. Thus, it is possible that surviving family members will need to liquidate or borrow against assets to pay the probate fees.

Time

Probate cases may conclude within a year. Many can take up to two years or more because every step requires court oversight. Delays can arise with improper representation, disputing beneficiaries, and non-liquid assets such as collectibles, intellectual property, and complex business interests.

Access

During probate, the beneficiaries are not able to access funds when they might need it. This can create financial issues regarding burial costs and ongoing maintenance of the estate such as paying the bills.

Control

Essentially, the court monitors the estate until probate is complete. For example, if beneficiaries wish to sell the estate property, court oversight may be required. Additionally, if there is no valid will, the court will follow the state's intestate rules. This means that the heirs of the estate are predetermined by statute and can lead to estranged family members receiving the estate.

Privacy

Probate takes place in state court, where documents are public record. These documents include details about heirs or beneficiaries, property values, and creditor claims. In some probate cases, for example, the home is auctioned and sold in the courthouse.

Planning Can Help You Avoid Probate

The estate planning attorneys at the Law Offices of Belgum, Fry & Van Allen can help you avoid probate by establishing a living trust. The trust is tailored to your needs and can be updated or revoked as needed. If you have any questions about probate, please, give us a call.
Will vs. Living Trust Pt. 2 - Incapacitation2018-07-11T16:52:22+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/will-vs-living-trust-pt-2-incap/
In our previous article comparing wills and living trusts, we established Probate as the key difference between the two commonly used estate planning documents. A will is subject to the complex, costly, and public court process of Probate. A living trust, on the other hand, can be administered privately (without probate) between beneficiaries, trustees, and a living trust attorney, if needed. To summarize:

"Probate is a lengthy process, especially in California and the busier counties. Some probates take years to go through the court proceedings. A living trust, however, can be administered within months and often with no court costs. In contrast, Probate requires certain costs throughout the process and mandatory statutory legal fees in the end.

Simply put, a will leads to Probate, and a properly established trust avoids it."

Aside from foregoing Probate, a living trust can also help avoid court intervention in the case of incapacitation. Incapacitation can occur when a person is unable to provide properly for their own needs or substantially manage their own financial resources. For many, it is unsettling to imagine that a stroke, heart attack, or other unfortunate event can lead to uncertainty and disarray regarding how assets are managed and used for personal care and family support.

Incapacitation with a Will

A will takes effect only at death and thus does not account for incapacitation. If you only have a will and become mentally or physically incapacitated, the court will appoint a conservator to manage your affairs. The court will also routinely monitor your finances and property as well as your personal welfare.

Incapacitation with a Living Trust

Some who are concerned about the possibility of physical and mental incapacity can decide to establish a power of attorney or a trust to avoid court action. A living trust, for example, can include provisions designating a successor to assume control of financial affairs upon incapacitation. This arrangement is private and usually not monitored by the court.

Protecting Your Estate

To learn more, contact the Law Offices of Belgum, Fry & Van Allen today.
Will vs. Living Trust: What is the Difference?2018-05-07T16:21:20+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/will-vs-living-trust-what-is-the-difference/
How will your assets be managed after you die? Wills and trusts are two common estate planning documents. Both documents list a person's assets. Both designate who will be in charge of the distribution of assets. Both identify beneficiaries. It is therefore common for folks to ask, "What is the difference between a will and a trust, and which one is more suitable for my needs?"

While both provide instructions for the transfer of assets at death, the key difference between a will and a trust is Probate. If a person dies with a will or without a will, the deceased person's estate must go through Probate. The process is overseen by the court and it is public, lengthy, and costly.

Probate

A will is the traditional estate planning document. However, for many, the will leads to a complex process called Probate. Probate is the court process by which a will is proved valid or invalid. The will becomes public record during probate, thus bringing any family matters or disagreements into light. This public setting also often opens the door to outside interference. A trust, on the other hand, provides privacy as the beneficiaries and trustees named in the document are typically the only people involved.

Additionally, Probate is a lengthy process, especially in California and the busier counties. Some probates take years to go through the court proceedings. A living trust, however, can be administered within months and often with no court costs. In contrast, Probate requires certain costs throughout the process and mandatory statutory legal fees in the end.

Simply, a will leads to probate and a properly established trust avoids it.

Who Should Have a Living Trust?

Families with children, persons who own real estate, and anyone who has assets without contractually named beneficiaries should seriously consider a trust to avoid the unnecessary costs, significant delay, and public setting of court during Probate. If you want to know more, contact the Law Offices of Belgum, Fry & Van Allen for details. We will walk you through the process and work with you to see what options are best for you and your loved ones.
Top 3 Benefits of a Living Trust2018-03-02T22:58:50+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/top-3-benefits-of-a-living-trust/
It's understandable why so many people avoid thinking about their own death, much less planning for it. According to Caring.com, less than half of U.S. adults have a will or living trust established. While the most common reason cited was "not getting around to it," it's somewhat safe to assume that an underlying aversion is the primary cause.

Estate planning can be uncomfortable, but it can also be rewarding – both emotionally and financially – for you and for your loved ones. A living trust, also called a revocable trust, establishes a plan for your assets to be properly transferred or managed after your death based on the instructions you outline while you're alive. When properly established, this legal document provides several benefits beyond those of a written will, most notably:

 1. Avoiding Probate

A will does not avoid probate. When someone dies with only a will, the distribution of their assets and payment of their debts are determined by court proceedings that can put the surviving family members through undue stress. Those with no will or trust go through the same court process.

A living trust, meanwhile, is not subject to probate because the assets are controlled by the trust entity rather than the deceased individual. The successor trustee takes over the trust for the grantor, settling the trust as directed in the documentation. Bypassing probate with a living trust saves your beneficiaries a great deal of time, money, energy, and grief. It also keeps your family matters private, whereas a will submitted to court becomes public record.

 2. Protecting Assets

Despite transferring ownership to the trust, you still maintain full control of your assets. While you're alive, you serve as a trustee and can manage the assets as you please. The only thing that changes is the name on the titles, accounts, etc. As the word "revocable," implies, you can change or cancel your trust at any time. The living trust also keeps your assets and financial affairs under the direction of your successor trustee in the case that you become mentally incapacitated. A will does not provide this protection and is instead subject to court rulings.

 3. Saving on Legal Fees

A living trust avoids the estimated 3-8 percent of your estate's worth that would otherwise go to court costs, legal, and executor fees, with or without a will. Depending on the size of the estate, establishing a living trust for comparably more minimal costs can help save your estate tens of thousands of dollars.

Above All: Peace of Mind

Lastly, a living trust can provide peace of mind for you and your family. The trust can give you and your loved ones a plan tailored to your needs, privacy, and control. Remember, you can easily update or discontinue your trust, and the assets remain under the control of the trust even after death. To learn more about establishing a living trust, contact The Law Offices of Belgum, Fry & Van Allen.
What to do After a Dog Bite2018-01-23T17:37:11+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/what-to-do-after-a-dog-bite/
According to the Centers for Disease Control and Prevention (CDC), more than 4.5 million dog bites occur in the U.S. each year. Even if a dog bite does not appear to require immediate medical attention, it's imperative to take the bite seriously and follow protocol. Even minor dog bites can breed dangerous infections, as the CDC also reports nearly 1 out of every 5 dog bites becomes infected. In California, dog bite victims can often negotiate a settlement or file a lawsuit for medical expenses, lost wages, and pain and suffering. For the best results, victims should do the following:

1. Identify the Dog and the Owner

First, seek to obtain licensing, vaccination (most notably, rabies), and general records on the dog. This will help you identify the dog—yes, even by name—and exchange contact information with the dog's owner. California dog bite law usually imposes "strict liability" on the owner, making them responsible for all damages (unless it can be proven that you were trespassing and/or provoking the dog).

There are many cases in which identifying the dog is more difficult than you might expect, such as when a stray dog bites someone and runs away. Do your best, and if all else fails, take a clear mental note of what the dog looked like and where it might have run off to so you can investigate later.

2. Seek Medical Attention

If the bite is a medical emergency, calling 911 and getting to the emergency room is more important than personally identifying the dog. But in most cases, the victim is able to take the 10-20 minutes to find and converse with the owner, either before the paramedics arrive or before driving to a hospital.

Again, any dog bite that breaks the skin has a relatively high likelihood of infection due to the bacteria that live in dogs' mouths. No matter how minor the bite may seem, you should at least visit a walk-in clinic or urgent care. Afterward, be sure to follow the doctor's orders—both for your successful recovery and to substantiate a potential personal injury claim against the dog's owner.

3. Take Photos

If you hope to pursue a personal injury claim, photos can help to prove your case against the owner. Since the bite will likely heal by the time you would appear in front of a jury, you need to be able to show the seriousness of your injury when the incident first occurred. If possible, take photos of the bite, as well as the scene of the attack, immediately after the incident. Continue to document the bite during treatment so it is clear how long it took to heal. Also capture any permanent scarring or disfigurement.

4. Report the Incident

One of the most common mistakes dog bite victims make is not reporting the attack to police, animal control, or the health department. Sometimes, the owner of the dog will try to convince the victim not to file a report, but more often, the mistake is simply an oversight on the victim's part. It is absolutely critical that you report a dog bite to the proper authorities. Jurisdictions each handle dog bite reports differently; if you are unsure of whom to contact, default to the police and they will be able to direct you to the correct department.

5. Communicate with Authorities—Not Insurance Companies

Equally important to reporting the dog bite is cooperating with the authorities and following their instructions. However, do not provide a statement to the dog owner's insurance company. Insurance adjusters are trained by insurance companies to contort any information you provide, and they will only seek information to cast doubt upon the severity of your claim. The only people you should be speaking to initially about your bite are doctors and the local authorities.

6. Consult a Dog Bite Attorney

Once your statement is finalized, the final step while you continue to treat your wound is to contact an experienced dog bite attorney. It's best to hire an attorney sooner rather than later, especially considering dog bites typically have only a two-year statute of limitations (meaning you have two years from the date of the incident to file a lawsuit).

According to the Insurance Information Institute, dog bites and related injuries were responsible for more than $600 million in claims in 2016. But remember, insurance is a business, and insurers always try to minimize (if not eliminate) any payout for a dog bite or personal injury claim. This is why you need legal assistance from an attorney who specializes in dog bites to ensure you don't accept a lowball settlement, or worse, irreparably damage the value your claim.

If you were bitten by a dog in California, contact The Law Offices of Belgum, Fry & Van Allen. We are here to answer your questions, communicate with insurers and the defendant's legal counsel on your behalf, and work tirelessly toward securing the compensation you deserve. Start with a free case evaluation today.
Is Your Workers' Comp Claim a Third-Party Personal Injury Claim, Too?2017-11-21T00:57:27+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/is-your-workers-comp-claim-a-third-party-personal-injury-claim-too/
When you're injured on the job, the most immediate course for reimbursement is workers' compensation. But, if a third party is at fault, you might also be entitled to additional damages from a separate personal injury claim against that individual or business. Read on to learn more about the relationship between a first-party workers' comp claim and a third party personal injury claim.

How a First-Party Workers' Comp Claim Works

In traditional workers' compensation, an employee injured in the course and scope of employment is entitled to benefits provided by the employer, usually through an insurance company. The benefits typically include reimbursement for medical costs and a portion of the lost earnings resulting from the injury.

Workers' compensation is no-fault coverage, meaning it does not matter whether the employer (or injured employee) is responsible for the accident; if you were hurt at work, you can receive workers' comp. It's important to understand that a workers' comp claim is not a lawsuit against an employer, but rather a claim administered by an insurance company and overseen by a government agency.

What Happens When a Third Party is Responsible for the Accident?

Sometimes, workers' compensation is the exclusive remedy for an on-the-job injury. However, many accidents also involve a negligent third party. Here are a few examples:

A mail carrier gets in a wreck on the freeway because another driver cuts them off.

An industrial worker is in an accident at a construction site because of an engineer's error.

A grocery clerk walking into the store slips on a smashed banana left by the produce delivery company.

A clerical worker is injured by a defective paper shredder.

With these examples in mind, it becomes clear that many first-party workers' comp claims have the potential to cross over into third-party territory. If it is suspected that a third party is at fault, the employee and their employer can file a personal injury claim against the individual or company at fault.

How a Third-Party/Workers' Comp Crossover Claim Works

A third-party case does not replace the original first-party workers' comp claim. The two claims are pursued separately and simultaneously. The injured worker immediately receives benefits from the workers' comp claim while the third-party claim is being litigated.

When both a workers' comp and a third-party claim are being pursued, the carrier paying workers' comp benefits claims a lien on the employee's third-party claim for the amount they have paid. For example, if an employer paid $10k in medical bills and $5k in indemnity (i.e. lost wages), they are entitled to a $15k lien on a successful third-party claim.

Things are more complicated when the workers' comp claim is still open at the time the third-party case resolves. Under these circumstances, the workers' comp carrier can claim a credit for the cost of future treatment. As a result, it's vital to have an attorney who knows how to protect your workers' comp benefits by securing an outside agreement with the workers' comp carrier.

Why Pursue a Third-Party Workers' Comp Claim?

The biggest shortcoming of a first-party workers' comp claim is that it does not cover non-economic damages, or the "pain and suffering" that plaintiffs usually seek in personal injury claims, including:

Physical pain

Mental suffering

Loss of enjoyment of life

Disfigurement

Physical Impairment

Inconvenience

Grief

Anxiety

Emotional Distress

Third-party claims have a greater measure of damages, including the remaining portion of lost earnings not covered by workers' compensation. A workers' comp claim for $15k might be worth $50k in a third-party claim. For this reason, it is highly recommended that you ask your workers' comp attorney whether you also have third-party claim worth pursuing.

With expertise and experience necessary to navigate the complexities of third-party/workers' comp crossover claims, The Law Offices of Belgum, Fry & Van Allen can work with you and your workers' comp attorney to ensure you pursue the compensation you deserve. If you were recently injured at work, call us today at 626-914-9806.
Don't Believe These 5 Stereotypes—Personal Injury Attorneys Are Really the Good Guys2017-09-28T21:57:18+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/dont-believe-these-5-stereotypespersonal-injury-attorneys-are-really-the-good-guys/
Personal injury attorneys are among the most villainized professionals in business. While many people—including fellow lawyers—hold negative perceptions of us, the truth is that our services are vital to American society. As with any industry, there will always be a few bad apples, but these common stereotypes are not illustrative of what personal injury law is really about.

1. "Ambulance Chasers"

The most prevalent myth about personal injury attorneys is that we solicit clients. "Ambulance chasers," they call us, insinuating that we're the first on the scene when someone is in an accident.

Amateur attorneys—think Jimmy McGill in Better Call Saul, the prequel to Breaking Bad—might actively pursue victims of accidents, but any reputable California personal injury lawyer will tell you that solicitation is against the rules of the State Bar of California. We are allowed to advertise as you see on billboards and TV spots but cannot "pitch" to accident victims who have not inquired about our services. We take these prohibitions seriously.

2. "Sharks"

Contrary to popular belief, personal injury attorneys are not out to bankrupt people. In fact, it's exceedingly rare for a personal injury claim to be collected against an individual. Our efforts are targeted more toward keeping insurance companies and large corporations accountable than financially harming a private citizen. Even if an individual defendant was indeed negligent, it is usually the insurer who is responsible for paying a judgment or settlement. Interestingly, the California Rules of Evidence do not allow juries to know when insurance companies are involved.

3. "Business Breakers"

There is a whimsical misconception that personal injury attorneys hurt the American economy by suing businesses and devastating their financial outlook. We will admit that we're not necessarily a business' best friend when an accident occurs on their watch. However, the big picture is that we incentivize them to operate more safely by holding them accountable for negligence or wrongdoing, thus strengthening the economy and building trust between corporations and consumers.

Imagine a world where there are no safety precautions, no regulations for working conditions, and no lawsuits for harmful products. When powerful industries are left unchecked, individual consumers pay the ultimate price. In fact, laws aimed at diminishing the viability of personal injury claims, such as California's Medical Injury Compensation Reform Act (MICRA), have actually been shown to do more harm than good to the general public. You can learn more about MICRA's shortcomings in our previous article.

4. "Liars"

Non-attorneys tend to view us as "truth stretchers" or even outright liars. In actuality, our worst nightmare is that a client or witness will be untruthful—because we know that it will invariably damage the case and our reputation.

We don't fabricate facts. Rather, we rely on medical professionals, independent witnesses, expert witnesses, and anyone else helpful in uncovering the truth. If we determine that a client or potential client does not have a valid claim, we advise them as such. In that regard, we are upholding our duties as officers of the court and gatekeepers to the justice system.

5. "Money Chasers"

Lastly, personal injury attorneys are not singularly driven by income. Just like in any business, the attorneys who excel at their craft can make a great living doing so. Those lacking skill, experience, or work ethic are likely to struggle. And because we take most of our cases on a contingency, the risk is much greater for us than for attorneys billing clients on an hourly rate.

The hope for any personal injury attorney is that he or she can build a solid reputation in the field, develop a referral network, land solid cases with great clients, and stay in business doing what they love—which is pursuing justice and serving the interests of individuals in need.

Are you looking for an honest and experienced personal injury attorney with a proven track record? The Law Offices of Belgum, Fry & Van Allen have been serving Southern California for over 20 years. Get a free case evaluation online
What is California's Medical Injury Compensation Reform Act (MICRA) Law?2017-08-18T16:47:41+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/what-is-californias-medical-injury-compensation-reform-act-micra-law/
If you are suing for medical malpractice in California, there is a state law that can make it difficult for you to recover the compensation you deserve as a medical malpractice victim. Supposedly designed to protect physicians and health care providers from large medical malpractice claims, the Medical Injury Compensation Reform Act (MICRA) has—to quote the Los Angeles Times—"destroyed the ability of large segments of California patients to file malpractice lawsuits." In reality, the law is a windfall for medical malpractice liability insurance companies.

MICRA Restricts the Remedies Available for Medical Malpractice Victims

MICRA was enacted in 1975 and signed into law by Governor Jerry Brown. The law imposes restrictions on medical malpractice lawsuits in California—most notably a $250,000 limit on the non-economic damages that can be recovered.

Non-economic damages are often referred to as "pain and suffering," and typically amount to a large portion of any personal injury claim. Non-economic damages include physical discomfort, emotional distress, mental suffering, and other misfortunes that are not tied to specific economic losses such as medical bills and lost wages. $250,000 might sound like a lot of money at first, but not when applied to the loss of a loved one or other catastrophic injury at the hand of a medical professional.

MICRA also includes a collateral source rule, which allows the defendant in a medical malpractice claim to introduce evidence of payments made by insurers, workers' compensation benefits, and other outside sources. This is contrary to other personal injury claims, which allow plaintiffs to recover all medical expenses including future expenses, and means that not only are your non-economic damages limited, but so, too, are your economic damages.

Additionally, the statute of limitations (the amount of time you have after an incident to file a medical malpractice claim) under MICRA is as short as one year, while most other personal injury claims have a two-year statute of limitations. MICRA states that a medical malpractice lawsuit must be brought either within one year of when you discover, or through the use of reasonable diligence should have discovered your injury. However, the lawsuit must be brought no later than three years from the date of the injury. There are exceptions that prevent doctors from being able to get away with fraud or concealment, but generally speaking, medical malpractice has a stricter statute of limitations than other personal injury claims.

Attorney fees are limited under MICRA as well. Given the time and work involved in a medical malpractice case, many otherwise meritorious claims are simply unviable for personal injury lawyers to take on. And because of the limited compensation available, many more claims are also unviable for victims to pursue.

Why Was MICRA Enacted?

In the 1970s, California was in the midst of an insurance crisis stemming from "excessive" medical malpractice lawsuits. Medical liability insurers were raising their rates by up to 400 percent, forcing practitioners to either skyrocket the cost of their services or drop their liability insurance. The crisis reached fever pitch in spring of 1975 as the May 1 rate increase approached. Doctors staged walkouts, proposed bills fell short of legislation, and media outlets fueled public panic with headlines like, "Insurance Rates Peril Medical Care," and "Doctors Might Halt Practice."

After a Capitol rally by nurses, physicians, and other health workers, Governor Brown issued a proclamation for a special legislation session that would last from May 19 through September 11, eventually yielding the set of laws that make up MICRA.

Did and Does MICRA Work? (No and No)

Citing the National Association of Insurance Commissioners, Consumer Watchdog suggests that California medical malpractice premiums actually increased "dramatically" during the first 13 years after MICRA, including a similar crisis in 1986. Only after Prop 103 imposed rate regulation did medical malpractice premiums begin to stabilize.

Governor Brown himself conceded the law's failure in 1993, saying, "Saddest of all is the arbitrary and cruel effect upon victims of malpractice." You can read his full statement here. Former California Assemblyman Barry Keene also acknowledged the law's oppressiveness to the LA Times in a 2013 article titled, "It's time to fix California's outdated medical malpractice law."

Outdated seems to be the perfect word to describe MICRA today. Despite legislative attempts to give the law a much-needed refresh and larger cap on damages, it has remained the same. The LA Times wrote, "It's not uncommon for those who sue their doctors and win to see their damage awards slashed by hundreds of thousands of dollars." Consumer Watchdog shares an appalling example:

"Harry Jordan, a Long Beach man, was hospitalized to have a cancerous kidney removed, but the surgeon took out his healthy kidney instead. A jury awarded Jordan more than $5 million dollars, but the judge was required to reduce the verdict to $250,000 due to California's cap on 'non-economic' damages—plus a mere $6,000 in 'economic costs.' Jordan, who lived for years on 10% kidney function, could no longer work, though the jury (which lawfully cannot be notified about the 'non-economic' cap) did not take this into account. Jordan's court costs —not including attorney fees— amounted to more than $400,000 and his medical bills, which arose after frequently being denied by insurers, totaled more than $500,000. He paid $1700 per month in health insurance."

What's worse than a $250,000 cap on damages for a case like Mr. Jordan's described above? How about a $250,000 cap on damages that has never once been adjusted for inflation since 1975? Without going into hard economics, we'll just say that the $250,000 would need to be quadrupled to be worth in 2017 what it was in 1975. And, when you factor in litigation costs and attorney fees, it's easy to see how a medical malpractice claim can quickly become "in the red," even if there is a recovery.

Pursuing Your Case Under MICRA

If you believe you are a victim of medical malpractice, it's important to consult an experienced medical malpractice attorney like The Law Offices of Belgum, Fry & Van Allen. MICRA makes medical malpractice one of the most challenging types of personal injury claims to prosecute successfully, but it can be done. Start with a free case evaluation.
Filing a Personal Injury Claim After a Motorcycle Accident in California2017-06-16T18:37:36+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/filing-a-personal-injury-claim-after-a-motorcycle-accident-in-california/
With nearly 800,000 registered motorcycles in California—the most of any state—the number of motorcyclists involved in a collision every year is shockingly high. Tragically, motorcyclists are also subject to a greater risk of suffering a serious injury in an accident.

Stereotypes about bikers can make it difficult for them to prevail in a personal injury case. Even if you are properly licensed and were not at fault, it's important to hire an experienced motorcycle accident attorney to fight for the compensation you deserve. As California personal injury attorneys, The Law Offices of Belgum, Fry & Van Allen have successfully prosecuted numerous motorcycle accident cases over the years.

Types of Motorcycle Accidents

A motorcycle accident can happen at any given moment, for any number of reasons. The most common causes of motorcycles accidents in California are:

Splitting lanes*

Changing lanes

Turning at an intersection

Speeding

Failing to yield

Alcohol or drug use

Texting and driving

Multi-vehicle collisions

Roadway debris

Oftentimes, the scenarios above are attributed to the other driver in the accident. National studies, as well as data from other states, indicate that more than half of all motorcycle accidents involving a larger vehicle are caused by the other driver.

*Note that splitting lanes is legal in California.

Common Injuries in a Motorcycle Accident

A motorcycle offers far less protection in an accident than a larger vehicle does, which is why so many motorcyclists are killed on the road each year. Those who do survive often suffer serious injuries, such as:

Traumatic brain injuries (TBI)

Spinal cord injuries

Broken ribs

Broken arms or wrists

Severe road rash

Injuries resulting from a motorcycle accident can cause one to miss work for weeks or even months. In addition to financial strain from medical bills, the trauma can also inflict stress on the injured party's personal relationships.

Why Hire a Motorcycle Accident Attorney?

The common perception of motorcyclists is that they are reckless. In a personal injury claim for a motorcycle accident, the insurance company and defense counsel will often use this negative stereotype to diminish the motorcyclist's claim. This is one of the main reasons why you should seek counsel and representation from a personal injury attorney after a motorcycle accident.

Attempting to represent your own claim can also lead you to damage your claim in one of many ways by failing to obtain evidence or making a seemingly harmless statement that is later used against you. If you have been involved in a motorcycle accident, do not wait to hire an attorney. The Law Offices of Belgum, Fry & Van Allen are here to help. We work on a contingency basis, meaning we are only paid a percentage of your settlement or successful claim. Get a free case evaluation today from California motorcycle accident attorneys you can trust.
Can I Get a Settlement for a Slip and Fall Injury? 2017-05-09T00:26:13+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/can-i-get-a-settlement-for-a-slip-and-fall-injury/
A slip and fall accident can cause serious injuries and emotional distress. According to the National Floor Safety Institute (NFSI), falls are responsible for more than 8 million hospital visits in the U.S. per year.

If you have been injured in a slip and fall accident, it's important to understand that the accident is not necessarily a shoo-in for a settlement. In order to win a slip and fall lawsuit against an individual or business enitity, your slip and fall attorney must be able to prove certain elements.

Premises Liability

California Civil Jury Instructions (CACI) state that the plaintiff in a slip and fall suit must prove all of the following:

The defendant owned, leased, occupied, or controlled the property;

The defendant was negligent in the use or maintenance of the property;

The plaintiff was harmed; and

The defendant's negligence was a substantial factor in causing harm to the plaintiff.

Items 1, 3, and 4 are fairly straightforward. Item 2, relating to negligence, is where the challenges often arise. How do you prove that the defendant was negligent in maintaining the property?

Basic Duty of Care

The Jury Instructions connect negligence to the notion of "reasonable care," meaning a person who owns, leases, occupies, or controls property "must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others."

The factors that might show a lack of reasonable care on the defendant's part include:

Location

Was the slip and fall hazard in a high-traffic area? For example, a steel beam in the middle of a pedestrian pathway is a clear hazard, while the same steel beam on a 40-acre farm is more difficult to attribute to a lack of reasonable care.

Manner

Did you come on to the property in the same manner that one would expect you to? If so, this will make for a stronger case than if you had taken an unconventional route.

Likelihood

What was the likelihood of harm? This can very subjective, which is why it's pivotal to have a slip and fall attorney on your side.

Seriousness

If there was a likelihood of harm, to what extent could the seriousness of that harm be? For example, a hazard that can cause a fatality is much more serious than one that could cause a paper cut.

Awareness

Did the defendant know, or should they have known, about the hazard? Let's say you slip on a banana peel in the grocery store. While this was clearly a dangerous condition, the storeowner might not be at fault if a baby had dropped a banana peel on the ground just a few moments before you slipped on it.

Control

In many slip and fall cases, the defendant only needs to prove that they had taken reasonable measures—such as regular spot checks—to reduce or eliminate their accountability in the accident. Or, they can say they had no knowledge of the dangerous condition, which is what we often see in claims against a city or county.

These are just a few of the factors in determining whether a slip and fall defendant exercised reasonable care, and there are additional factors that can arise on a case-by-case basis.

California Slip and Fall Attorneys

If you have been injured in a slip and fall accident, don't waste time and potentially harm your case by failing to consult an experienced attorney. The Law Offices of Belgum, Fry & Van Allen specialize in slip and fall cases throughout California. We can help conduct a site investigation, document the accident, gather evidence, identify parties at fault, and—most importantly—ensure that if someone is indeed responsible for your fall, they are held accountable. Get a free case evaluation today.
The 5 Most Common Types of Wrongful Death Lawsuits2017-04-06T16:42:58+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/the-5-most-common-types-of-wrongful-death-lawsuits/
The grief of losing a loved one is often accompanied by the belief that another person or business was at fault for the death. In a wrongful death lawsuit, that belief can be proven true. Every day in the news, we read horrific stories ranging from drunk driving and car crashes to product recalls, corporate scandals, and gross negligence.

What constitutes "wrongful death?" While the straightforward definition might read along the lines of "the death of a person as the result of negligence or a wrongful act by another person," there are many different types of wrongful death lawsuits. Here are the five we see most often:

1. Traffic Collisions

In 2016, there were 3,680 motor vehicle deaths in California. This was a 13 percent increase from 2015, a significant rise considering the national average rose by only 6 percent in the same time period. Motor vehicle accidents include:

Auto accidents

Truck accidents

Motorcycle accidents

Pedestrian accidents

The driver deemed to be at fault in a fatal collision is liable for wrongful death damages. Often, the inquiry quickly turns to the amount of insurance coverage is available for the loss.

2. Medical Malpractice

A 2016 study found that "medical errors" are now the third leading cause of death in the U.S. Every year, more than 250,000 Americans die from errors in hospitals or healthcare facilities; that's nearly 700 deaths per day. Many of these victims' families sue for medical negligence or medical malpractice. If you are considering filing a wrongful death claim because of suspected medical malpractice, be sure to read this article first.

3. Nursing Home Abuse

As California elder abuse attorneys, we know that many nursing homes are unqualified, understaffed, neglectful, or a combination of the three. Nursing home abuse is one of the most heartbreaking wrongdoings, because the facility is entrusted to provide vital care, only to bring harm. If your loved one passed away in a nursing facility, and you suspect they might have been abused or neglected, it is not too late to file an elder abuse claim. Read our full article on nursing home wrongful death lawsuits here.

4. Defective Products

Any product you see on any store shelf should have gone through rigorous testing before being distributed to the public. A wrongful death lawsuit can arise from something as simple as a dangerous toy to a more complex defect, such as an unsafe design flaw in a particular car model. Tainted pharmaceuticals and food products are also common causes of wrongful death.

5. Workplace Accidents

Most fatal accidents at work fall under the jurisdiction of the State of California Division of Workers' Compensation (DWC), which provides certain death benefits to the victim's family. These cases include, but are not limited to:

Manufacturing accidents

Traffic collisions while in the course and scope of employment

Fatal slip-and-fall accidents

Asbestos exposure

Mesothelioma

When an industrial injury is caused by someone other than the decedent's employer—such as a neighboring business or other vehicle—a wrongful death lawsuit against the third party is permitted in addition to a workers' compensation case.

Free Case Evaluation

Wrongful death lawsuits are not acts of revenge. They are meant to help family members recover financially and emotionally from the death of a loved one. If you believe you might have a valid wrongful death claim for your loved one, contact The Law Offices of Belgum, Fry & Van Allen for a free wrongful death case evaluation. We're here to help you recover the compensation you deserve and hold the person responsible for your loss accountable for their wrongful or negligent act.
Does Your Loved One Have Bedsores? Elder Abuse Might be the Cause2017-03-15T23:13:07+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/does-your-loved-one-have-bedsores-elder-abuse-might-be-the-cause/
Roughly 1 in 10 nursing home residents will suffer from bedsores at some point, according to the Centers for Disease Control (CDC). While there are indeed cases in which bedsores are unavoidable for the elderly, the disturbing truth is that severe bedsores are most often a sign of elder abuse or neglect.

What are Bedsores?

Bedsores, also referred to as pressure sores, pressure ulcers, or decubitus ulcers, are wounds that typically arise due to "pressure" to soft tissue that partially or entirely cut off blood circulation to the skin. The result is harm and deterioration of the skin, underlying soft tissue and, in many cases, significant infection.

Elderly and immobile populations in nursing homes often develop bedsores on their bottom, back, hips, elbows, knees or heels from sitting in a wheelchair or lying in bed for a prolonged period without repositioning. Medical equipment that presses firmly against the ears or cheeks can also cause pressure sores.

The 4 Stages of Bedsores

Bedsores can range from small and easily treatable to severe, irreversible nerve damage that extends all the way down to the muscle and bone. Severe bedsores frequently lead to a skin or bone infection, which can become life threatening. Medical professionals evaluate bedsores as one of four stages, although some early or advanced bedsores might be termed "unstageable."

Stage 1

Stage 1 bedsores have visible redness but no broken skin. The affected area will emit warmth to the touch and might feel firmer or softer than the surrounding area. A patient with a Stage 1 bedsore will experience light to moderate discomfort.

Stage 2

At Stage 2, a bedsore has broken the skin and become significantly painful. It will have an appearance similar to that of a blister, rash, or "crater" in the skin. While Stage 2 bedsores are treatable, the skin might be permanently damaged.

Stage 3

Stage 3 bedsores damage the tissue under the skin but have not reached the muscle or bone. At this stage, the sore is usually getting larger and posing a risk of infection.

Stage 4

A Stage 4 bedsore is usually an extremely jarring sight, with damage to the muscle tendons, joint, and bone. Most disturbing is that at Stages 3 and 4, the pain for the patient can actually decrease, due to damage of the corresponding nerve tissue. An elderly patient who has a Stage 3 or 4 bedsore, depending on the sore's location, might think their Stage 1 or 2 bedsore has gone away, when in fact they are at serious risk of a bone or blood infection.

What Causes Bedsores?

There are many risk factors for bedsores, including:

Extended pressure from lying or sitting in one place

Being pulled across sheets or repositioned with force

Excess moisture caused by poor bladder control, bowel control, or sweat

Severe immobility from injury

Protein deficiency

Low blood pressure

Poor nutrition

Site exposure to stool or urine

When Does a Bedsore Constitute Elder Abuse?

Stage 1 and Stage 2 bedsores are almost always preventable. Quality nursing facilities have protocols in place to prevent bedsores—most notably changing an immobile patient's position or shifting their weight every few hours. They have skin care regimens specifically for the elderly, provide special mattresses and cushions, and actually check for bedsores so that they can begin treating them immediately if they do occur.

Unfortunately, due to the prevalence of inadequate staffing and training in nursing facilities, many residents do not receive the necessary care and attention they need to prevent this painful and dangerous condition. If your loved one has a Stage 3 or Stage 4 bedsore, this is likely a case of elder abuse. The nursing facility is ill-equipped to provide proper care and/or neglectful—regardless, they must be held accountable, not just for your loved one's health, but also for the health of other patients who might suffer if you don't bring forth an elder abuse claim.

If your loved one is experiencing bedsores in their nursing home or care facility, contact The Law Offices of Belgum & Fry. We specialize in elder abuse and neglect cases. Together we can ensure your loved one is compensated for their injury and receives proper care moving forward.
Medical Malpractice: The 7 Things You Need to Know Before Filing a Claim2017-01-30T22:57:40+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/medical-malpractice-the-7-things-you-need-to-know-before-filing-a-claim/
Medical malpractice is one of the most difficult types of personal injury lawsuits to successfully prosecute. The New England Journal of Medicine (NEJM) found that only 21 percent of medical malpractice verdicts are awarded in the plaintiff's favor. While some of medical malpractice claims filed do reach a settlement, the unfortunate truth is that many more claims fail to make it past an attorney's case evaluation because they are not financially viable to pursue. Read on to learn more about the challenges of filing a medical malpractice lawsuit.

1. The Statute of Limitations

Every personal injury lawsuit has what's called a "statute of limitations" dictating how long the injured party has to file their claim. Most personal injury claims in California have a two-year statute of limitations, meaning you have two years from the date of your incident to file a lawsuit. A medical malpractice lawsuit must be brought either within one year of when you discover your injury, or no later than three years from the date of the injury. There are exceptions that prevent doctors from being able to get away with fraud or concealment, but generally speaking, medical malpractice has a stricter statute of limitations than other personal injury claims.

2. Cap on Damages

California's Medical Injury Compensation Reform Act (MICRA) places a $250,000 limit on the non-economic damages that can be recovered in a medical malpractice lawsuit. Non-economic damages are the "pain and suffering" that plaintiffs usually seek in a personal injury claim, including:

Physical discomfort

Emotional distress (depression, anxiety, grief, etc.)

Damage to reputation

Mental suffering

Loss of companionship

Aggravation to a previous injury

Death of a family member

$250,000 might sound like a lot of money, but not when applied to the loss of a loved one or other catastrophic injury. Furthermore, MICRA has not been adjusted to keep up with inflation since its enactment in 1975. Without going into hard economics, we'll just say that the $250,000 would need to be quadrupled to be worth in 2017 what it was in 1975. And, when you factor in litigation costs and attorney fees, it's easy to see how a medical malpractice claim can quickly become "in the red," even if there is a recovery.

3. Collateral Source Rule

Another unfavorable aspect of MICRA for medical malpractice plaintiffs is the collateral source rule. In a typical personal injury case, the plaintiff can seek recovery for all medical expenses relating to their injury, including those paid by a third party such as a healthcare provider. In a medical malpractice lawsuit, the defendant can introduce evidence of payments made by insurers, workers' compensation benefits, and other outside sources. This means that not only are your non-economic damages limited, so are your economic damages, including future medical expenses.

4. Standard of Care

In order to win a medical malpractice lawsuit, you must prove that your doctor, surgeon, nurse, or whoever is responsible for your misfortune breached a standard of care. This is more difficult to prove than standard negligence, because the standard of care is set by doctors themselves, and you need to be able to point to a specific act that was undeniably outrageous and below the standard–something that all reasonable doctors would outwardly condemn. Remember, unsuccessful results do not mean that your doctor acted unreasonably. Virtually every medical procedure comes with inherent risks that do not result from medical malpractice.

5. Causation

Let's say you're within your statute of limitations, the financial calculations are in your favor, and you manage to prove that your doctor made a decision or error that does indeed fall below the standard of care. At this point, you would think that your claim is on a winning path, right? We're sorry to say that you still have a long way to go.

Often the doctor will contest the causation of your injury and whether their actions were a "substantial factor" in your injury. California law states:

"A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm."

For example, if your claim is that your doctor failed to diagnose you with heart disease and you had a heart attack a year later, the doctor will likely testify that you would have had a heart attack even if they had diagnosed you correctly. It's a simple argument that can negate your medical malpractice claim. We see this a lot with cancer patients who simply can't prove that survival would have been probable if not for their doctor's failure to diagnose them timely.

6. Expenses

To elaborate on why so many medical malpractice claims are not financially viable, these cases involve much more than standard attorney fees and court costs due to the need for medical expert witnesses. In order to prove a breach of the standard of care and causation, you will need a medical professional—or perhaps several medical professionals—to testify in court on your behalf. These fees routinely run tens to hundreds of thousands of dollars. Worse yet, they cannot be claimed as damages in your lawsuit. Put simply, your attorney will have to go out of pocket for what will likely be years of litigation, for the hope of a limited payoff. Again, the calculations are often unviable for both you and your attorney.

7. Arbitration

A large number of the medical malpractice cases that do make it over the many hurdles above will end up in arbitration, which means you don't even appear before a jury. California law allows medical providers to seek arbitration for disputes with patients, and most have this written in their documentation. Kaiser Permanente, for example, has an agreement with almost all of their members that any medical malpractice lawsuit brought against them will proceed to arbitration.

Get a Free Medical Malpractice Case Evaluation

Do you believe that you or a loved one is the victim of medical malpractice? This article is meant to educate, not deter. Let Belgum, Fry & Van Allen provide a free case evaluation to help you determine whether you have a viable medical malpractice claim.
How Much Will Your Healthcare Provider Take from Your Settlement?2016-11-14T18:18:10+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/how-much-will-your-healthcare-provider-take-from-your-settlement/
If you're pursuing a personal injury claim, be aware that your healthcare provider will likely want a chunk of your settlement. And, it's more than just a bill in the mail—they can actually place a lien on your settlement, which can be enforced by a court. The most common health-related liens that can take away from your settlement proceeds are:

Medicare and Medi-Cal

While Medicare and Medi-Cal differ in how they are administered and whom they are administered to, they are similar in that they are both government funded "secondary payers" (meaning they are intended to be the last in line to compensate health providers).

When you file a personal injury claim—whether you hire an attorney or not—you have an affirmative duty to notify Medicare or Medi-Cal, so they know there may be another source available to pay for your medical care. They will pay your medical bills up front, but will compile a list of treatments and services that they deem to be related to your personal injury claim. Once you resolve your case, you will notify them of the money awarded, your attorney's fees, and any costs that were advanced, after which time they will generate a final amount for you to reimburse.

Health Insurance

We're seeing a relatively new phenomenon of health insurance providers writing a right to reimbursement (sometimes outwardly referred to as a lien) into HMO and PPO policies. While you may not have an affirmative duty to notify your health insurer of a personal injury claim, they will usually know when you are pursuing a claim based on your doctors, providers, and key words in your medical records.

Again, your health insurance will pay the costs up front, and then claim certain services they've paid for in a lien. In the end, it's your attorney's job to resolve the claim and minimize your liability. Oftentimes, the total sum can be reduced by your attorney fee percentage and a "pro-rata" (or "portioned") share of the legal costs.

There are also many other things your attorney can do to lower your lien, such as bringing in case details, out-of-pocket medical expenses, lost earnings, insurance policy limits, and various other factors.

ERISA

Liens placed under the Employee Retirement Income Security Act (ERISA) are the most difficult for personal injury attorneys to work with, because they come from self-funded plans with federal involvement. ERISA plans are essentially exempt from any obligation to reduce their reimbursement claims. A great attorney might still be able to manufacture some leverage, but an ERISA lien will usually end up taking a sizable piece out of your settlement.

An Attorney is Your Greatest Ally in Resolving These Liens

Personal injury settlement liens are yet another set of reasons why you need an attorney to oversee your claim. If you try to manage the case yourself, you could fall into a worst-case scenario of being hit with health-related liens that effectively wipe out the compensation from your settlement.

If you have been recently injured and would like a consultation to explore whether you have a viable personal injury claim, contact Belgum, Fry & Van Allen today.
How Social Media Can Hurt Your Personal Injury Case2016-11-07T17:13:15+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/how-social-media-can-hurt-your-personal-injury-case/
Social media might be a relatively harmless habit in your everyday life, but when you're pursuing a personal injury claim, it can be more damaging to your case than you might think.

The same way insurance companies will hire an investigator to physically follow you around, they will also scour your social accounts to see if they can uncover anything that might cast doubt on your claim. We're not just talking about a blatant gaffe such as posting pictures of a weekend golf trip while your attorney is litigating your personal injury claim for an injured back. Even the smallest, most obscure incident can become the source of extensive questioning.

Contradicting Your Injuries

When you file a personal injury claim, the insurance company and/or its lawyers will launch an investigation into your injuries before any settlement is offered. Even posting something as simple as going for a walk on the beach or grabbing a drink with friends—much less a strenuous activity such as running, hiking, swimming, etc.—can be used by the insurance company to challenge the seriousness of your injuries.

Undermining Your Non-Economic Damages

Non-economic damages, or "pain and suffering," typically amount to a sizable portion of a personal injury claim. Non-economic damages are pivotal because they include your physical pain, mental suffering, and emotional distress (depression, anxiety, grief, etc.).

Unfortunately, virtually anything you upload can damage the validity of your non-economic hardships. For example, a photo of your champagne birthday toast at a fancy restaurant might raise questions about the anxiety or depression you claim to be coping with.

We recently represented a client who took a short flight to visit her family for a week. When the defense attorney discovered she had gone on vacation, a barrage of questions followed, including whether she asked for special accommodations on the plane, what type of bed she slept in, and other over-the-top insinuations aimed at diminishing the validity of her claim.

Friends' Comments

Half of social media is reactive—you instantly respond to friends' messages and comments, usually with minimal thought required. Comments from friends—whether asking if you're up for a trip to the mall or checking in to see how you're doing with your injuries—often become unintended traps for you to say something that the insurance company will introduce in the courtroom. An example would be the natural inclination when asked how you're feeling to respond with something along the lines of, "Getting better slowly," or, "Hanging in there." These types of responses—as mundane as they may seem—potentially devalue your claim.

How to Avoid Social Media Scrutiny

Sometimes it's best to stay off of social media altogether during the pendency of a personal injury claim. If you can't kick your social media habit, here are a few guiding principles to help you make smart decisions.

Assume anything you post will be found by the insurance company and/or defense.

Be aware of the possibility that an investigator might befriend you under false pretenses to try and bait you into a mishap.

Do not rely on privacy settings. Assume that social media companies can be subpoenaed in a personal injury claim to share information and content.

Do not rely on deleting certain posts. This can lead to big trouble for you and your attorney down the road.

Ask friends not to tag you or upload photos of you without your consent.

Most importantly, hire an attorney early on in the process to represent your claim. Belgum, Fry & Van Allen can advise you on how best to minimize your vulnerability on social media and elsewhere. Click here to get a free case evaluation from our personal injury experts.
10 Reasons You Need an Attorney to Oversee Your Personal Injury Claim2016-08-18T16:23:44+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/10-reasons-you-need-an-attorney-to-oversee-your-personal-injury-claim/
Serving as your own attorney while pursuing a personal injury claim might seem like a fine idea at first, but many people come to realize that the task is much more demanding than they care to manage. It's also quite possible that you could severely damage your case by not hiring an attorney.

Consulting an attorney is undeniably more convenient than trying to handle your claim on your own. However, there's much more to it than that. Here are 10 areas in which an attorney can alleviate a great deal of your stress during a personal injury claim, not to mention help you maximize the value of your case.

Time Commitment and Duration

The sheer time that a personal injury claim takes from lawsuit to settlement or verdict can be draining, especially for someone with an already busy life. Are you prepared to carry the extra burden for several months or years? Even if you're off to a fast start and making headway, hiring an attorney sooner rather than later is usually the more sustainable solution.

Full Extent of Damages

When you're seeking damages, it's easy to become focused only on the past medical expenses, lost income, and pain and suffering. An attorney's job is to help ensure you are compensated not just for past and present damages, but also for any future hardships or expenses you may endure.

Insurance

Attorneys are well versed in the insurance world, from identifying which types of insurance may provide coverage to communicating with insurance companies and navigating their tactics. For example, most people carry liability insurance on their automobile, but after an accident, only an attorney would know to investigate uninsured or underinsured motorist coverage. And remember, insurance companies do not have your best interests at heart!

Evidence

Gathering evidence in your case is crucial and process begins as soon as possible after the injury occurs. An attorney ensures that surveillance footage, witness statements, photos, and other key pieces of evidence are obtained and preserved.

Statute of Limitations

Most personal injury cases have a two-year statute of limitations, meaning you have two years to file a lawsuit or resolve your claim. However, there are numerous exceptions to the norm. A medical malpractice case, for instance, generally has a one-year statute of limitations. Meanwhile, a suit against a government entity has a 6-month claim period. An attorney is the best person to interpret and exercise your rights.

Objectivity

A personal injury lawyer will be objective about your case, whereas the tendency for the injured is to become emotionally involved. Very few people know how to determine the true value of their own case. You might be surprised to learn that while overvaluing a personal injury claim is certainly common, many people actually underestimate—all the more reason to hire an attorney.

Representation

Put simply, the insurance company will take you more seriously when you have an attorney by your side. Without one, you are subject to a low-ball settlement offer or, worse, a mishap that hurts your case.

Settlement

Speaking of settlement offer, an attorney will advise you not to discuss a settlement too early, as doing so can land you in a bidding war against yourself. Instead, they will communicate with the insurance company on your behalf, and identify a settlement worth taking vs. one that should be rejected.

"Legalese"

Let's face it: legal jargon can run circles around just about anyone who is not a lawyer. Why spend hours interpreting and Googling when an attorney who has spent years studying and litigating can do the translation for you?

Contingency

Lastly, hiring an attorney is a low-risk, high-reward proposition. The common misconception about personal injury attorneys is that they're out to charge you an exorbitant hourly fee and bill you for as many hours as possible. The truth is that most personal injury attorneys work on a contingency basis, meaning they get paid a percentage of the case outcome. You only pay them if you win your claim!

If you have been involved in an accident and wish to file a personal injury lawsuit, Belgum, Fry & Van Allen can save you the time, energy, and heartache of managing your claim. Click here to get a free case evaluation from our personal injury experts.
Elder Abuse and Neglect: Red Flags to Look Out for When Choosing a Nursing Facility2016-08-03T19:22:03+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/elder-abuse-and-neglect-red-flags-to-look-out-for-when-choosing-a-nursing-facility/
Making the decision to place your elderly loved one in a nursing home is a difficult one. For many, the stress of searching for the best facility borders on overwhelming.

There are more than 2.1 million reported cases of elder abuse in the U.S. each year. Many facilities with documented incidents of elder abuse have beautiful websites and heartwarming advertisements that mask the shortcomings of their services.

To ensure your loved one receives the care they need, you should always take an in-person tour of any nursing home you are considering. While you're standing at the receptionist's desk and walking the halls, look, listen, and sniff for the signs of an environment that may suggest an elevated risk of abuse or neglect to the facility's residents:

Strong Odors

Your nose can lead the way in recognizing whether a facility is providing proper care and hygiene assistance to its residents. A strong smell of feces or urine is an instant red flag. Likewise, an overpowering scent of disinfectant is equally alarming, as it might mean the facility is covering a problem rather than correcting it.

Minimal Acknowledgment

Kindness is a key component of caregiving. Even in a busy and fast-paced facility, you should be greeted not just politely, but warmly and genuinely. During your walk-through, ask any and all questions you might have, with the expectation that your guide will gladly and thoroughly answer them.

Clutter

Tidiness and cleanliness go hand in hand. Most facilities will at least make the effort to keep the entrance and reception area clean. However, if you notice loose trash, paperwork, or belongings in interior common areas or in residents' rooms, this is a sign that the facility might not be as clean as it appears and may suggest further systemic dysfunction.

Safety Hazards

A quality nursing facility makes safety the number one priority at all times. Be sure that the care home you are considering has adequate railings, walkways, and signage.

Signs of Restraint

Try to observe any residents that you pass by. Do you see signs of restraint, such as bruises or cuts on their body, or chest straps on their wheelchair? Restraint is sometimes warranted. However, a high concentration of restrained residents in a facility is often the marker of inadequate number of staff members to attend to the residents' safety and needs.

Strained Communication

Some facilities operate with a huge language barrier between residents and staff, which can often lead to visible irritation on both sides. Standoffish behavior in residents and/or short-tempered responses from staff can be a sign of residents' needs not being met or their voices not being heard.

Unhappy Employees

Caregiving takes time and commitment. You can tell a lot about a nursing home simply by the tone and body language of its employees. In well-run facilities, employees thrive and their passion shines through. In struggling facilities, employees will often appear visibly tired, burnt out, or irritable.

Lack of Qualified Nurses

Believe it or not, some nursing homes do not have a Registered Nurse on staff. While most of the direct care will be delivered by Certified Nursing Assistants, studies link the higher proportion of RNs to residents to higher quality care. Don't be afraid to ask about the nurse-to-resident ratio.

Bad "Gut Feeling"

Trust your intuition when touring a nursing home. Even if you can't find anything blatantly wrong with the facility but still get a "bad feeling," do a little extra research by:

Checking online for reviews of the facility

Contacting your local long term care Ombudsman for copies of State Nursing Home Inspection Reports

Check Medicare's Nursing Home Compare website to learn about the home's ownership structure, size, locations, and other basic information

Identifying Elder Abuse and Neglect

Elder abuse is avoidable when you take the time to vet a reputable nursing facility. Nevertheless, you should still keep a watchful eye even after choosing a facility. Know the signs of elder abuse, and consult an elder abuse attorney at Belgum, Fry & Van Allen if you suspect that abuse or neglect might be taking place.

By: Brian Van Allen
Signs Your Elderly Loved One is Being Abused in Their Nursing Home2016-07-08T17:21:21+00:00raindrophttp://belgumlaw.com/blog/author/raindrop/http://belgumlaw.com/blog/signs-your-elderly-loved-one-is-being-abused-in-their-nursing-home/
Did you know that a significant percent of nursing homes have documented violations of elder abuse laws? With more than 2.1 million cases each year in the U.S., elder abuse is a much more common occurrence than you might expect. When your loved one is in a nursing home, it's important that you keep a watchful eye on every aspect of their health, as elder abuse can involve any combination of:

- Physical abuse

- Psychological abuse

- Financial abuse or theft

- Neglect or abandonment

How can you tell if your elderly loved one is being abused in their nursing home? Here are signs to look out for:

Depression

Transitioning from home to a nursing home often causes at least some degree of initial depression. However, if the onset of depression happens or magnifies well after your loved one has settled into the nursing home, it might be due to substandard conditions or a lack of care.

Injuries

When an elderly person injures themselves or is injured by neglect, they will usually either tell you, or at least have a clear explanation when you point out the injury. Any type of bruise, burn, scratch, pressure mark—or, of course, a more serious injury such as a broken bone—should have an explicable cause. If you notice any of the above, ask your loved one what happened. If they are unable to explain, make sure the facility documents the injury, and consider consulting an attorney.

Bedsores

Bedsores are 100 percent preventable when nursing home staff attends to a patient properly. If your loved one has bedsores or lesions from remaining sedentary in a position for too long, it is almost always a clear sign of neglect—and it's one that should not be taken lightly. Bedsores are extremely painful and will likely become severely infected as they advance.

Poor Hygiene

Hygiene is a key part of a caregiver's job, whether it's simply confirming or physically assisting with your loved one's daily grooming. Sometimes, a dramatic change in health or a need for surgery might cause a slight drop in hygiene temporarily. But, there should never be an ongoing issue or sharp decline in hygiene at a nursing home.

Weight Loss

Weight loss usually goes hand-in-hand with an overall deterioration of health. That said, if your loved one's health is generally steady but they seem to be losing weight, the caregiver might not be feeding them appropriately. This includes cases where the patient has physical difficulty eating, and the caregiver does not adequately address the issue or fails to provide a solution.

Dehydration

If your loved one's skin is cracked, peeling, or changes elasticity, this is often a sign of lack of proper hydration, which can lead to serious medical problems including kidney failure and the need for dialysis.

Unexplained Behavioral Changes

No one knows your loved one better than you do. If you notice any change in their personality or behavior—such as an increase in gift giving, a decrease in energy, or withdrawal from normal activities—do not assume they are just "getting old." Elder abuse is an extremely broad spectrum that can affect your loved one in many ways, shapes, and forms.

What to Do if You Suspect Elder Abuse

If you suspect even the slightest possibility of elder abuse, call Belgum, Fry & Van Allen so you can be directed to the proper authorities. In California, elder abuse is punishable under Elder Abuse and Dependent Adult Civil Protection Act (EADACPA or Elder Abuse Act), which allows you to seek damages stemming from abuse of your loved one.

Nursing homes must be held accountable for abuse or neglect, not just for your family's well being, but for future patients as well. Belgum, Fry & Van Allen represent clients in elder abuse and elder neglect cases, including those in which the elder is deceased. Click here to get a free evaluation today.


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subset: commoncrawl


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It's been horribly hot during the day lately, despite the rains that generally fall in the evening. So, a cold bento is exactly what the doctor ordered.
Sushi Tier:
California Maki. I can't do reverse rolls to save my life though, so the nori stayed outside. And since I don't have salmon roe lying around in the house, my maki simply had kani (the surimi kind), fresh mangoes, and seeded cucumbers, dressed with kewpie mayo and some wasabi. I added a strawberry container of soy sauce, and a little lump of wasabi. I generally don't like my food moving around in my bento, so I stuck in a couple of green tea marshmallows.
Fruit & Veggie Tier:
I love seeing everyone's rainbow colored fruit trays so I wanted to do my own version. However, I don't have ready access to berries, nor to a lot of fruit since they spoil easily here in the tropics. So, my fruit & veggie tray has fresh carrots, jicamas, kiwi, and mangoes.
A small Hello Kitty container of Mango Pudding, which I was too lazy to dress-up. Not shown is a small container of milk to drown my pudding in.


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This past years my room, closet and drawers had been a total disaster. My clothes where all over the house and I just felt that I need it to have everything organized in order to really use all the things I have. The time had come for me to find a solution to this caos. So, with the help of my boyfriend and family we design and build a space in where I could put almost all my stuff in a way where it can all be expose. As you know I'm planning to move out, so I need it as well to be detachable and easy to transport.
Is set up in different areas depending on the type of cloth and accessories. Full of little details that mean a lot to me: which is the most important thing! I believe that things happen for a reason…that is why everything has to have a meaning and that same thing happens to me with people. I have to be fascinate.
The mirror was custom made, we bought the frame in a antique shop, La Botiga Bella. The frame had been totally restore, is silver and gold….beautiful!!! I also bought some vintage plates to put my jewelry and a tiny antique purse in beigh and gold to decorate the room a bit more.


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Every five years my dad's side of the family holds a "Milner†family reunion. I'll be up in the mountains this week to celebrate. Here are some historic Milner photos that were recently scanned by my uncle that I posted for this weekend.
These are interesting as just a collection of old photographs, aside from the obvious groove that I get from the fact that I'm related to these folks.


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Kendall Coffey appeared on the Steve Malzberg show on October 31, 2013. The Spinning the Law segment with Kendall Coffey discussed a serial rapist being allowed to live an a suburban area, the Marissa Alexander trial, an abortion law in Texas, and the NFL Headquarters status as a non-profit. Quotes from Kendall Coffey below:
A convicted serial rapist in Los Angeles has been released from a state hospital. A judge ruled that he could move into a suburban community.
"It's stunning. It's not a lot of consolation to the people in those communities. In the 90's the law changed dramatically in a lot of respects. Three strikes you're out a lot of protection put in for protection for victims. But back in the 70's or 80s, it was a different era and victims had much less protection and of course, this guy was sentenced under those old laws. Why he's being allowed back in heavily populated communities, family communities, that's mystifying. There's got to be some desolate bleak areas somewhere in the country maybe where it's very cold and people are much less at risk to others that some judge could have found for him. You could certainly understand why with this horrible career, which by the way if somebody is convicted 38 times, Lord only knows how many times the crime was committed.
"It's being reported that officials have deemed him safe, I don't know how that's possible. It's stunning, I'm sure for some it's terrifying. The only consolation is that this kind of thing is hopefully rare and that modern laws wouldn't allow a guy to be out like this, except coming out of prison in a wooden box."
Marissa Alexander, who fired a warning shot through a wall and sentenced to 20 years, is getting a new trial.
"Having gone through it, the appellate court did find some significant issues with the trial. No one said she's innocent; there are always two sides to the story. There's a very sympathetic side, which the defense has presented; but there's a very different side that of course the alleged victim testified about at that the jury believed. But I think that with this case the new trial seems to be the right decision. There's also got to be some examination of whether this case was overcharged to begin with. I don't think anybody observing it, not even the alleged victim, thought that a twenty-year minimum sentence was a fair sentence. No one was hurt, discharging the firearm was certainly something that has serious consequences, but twenty years seems too much and a fair trial seems to be the right direction for this to go."
Texas officials appealing a decision by a federal court striking down abortion restrictions in the new abortion law. Doctors have to be affiliated with a hospital to perform an abortion.
"That is certainly one of the issues. Advocates of the law would say that abortion doctors had to be admitted with privileges in a nearby hospital, within thirty miles. As you know, one of the things that establishes a credential for a doctor is to be granted privileges to practice in a local hospital. It's not automatically done, it's not rightly done, it's not as easy, frankly, as getting admitted to the state bar association. It's a significant validation of your professionalism and ability to grant the privileges to practice in a hospital. Apparently a number of the doctors that perform this kind of procedure don't have those privileges within thirty miles. The Texas legislature has said that it's a requirement and the judge following what is the law as of today presumably made the right decision of the existing law but advocates of these kind of laws, they aren't simply trying to thumb their nose at the U.S. constitution. They have a very thoughtful strategy for picking particular issues. This is a type of strategy that no one should dismiss. The outcome of this particular issue at the lower court level is not surprising. But what's going to happen when it gets to Washington and the nine Supreme Court justices will look at it? That's much harder to predict."
The NFL headquarters on Park ave is designated as a non-profit. How can the office be a non-profit if the league is for profit?
"There's no consistency here. The National Basketball Association, for example, does not have a tax exemption. It's being reported that the National Hockey League does have a similar
IRS exemption. The explanation is going to be when you're talking about the billion dollars, it all goes to the teams. The teams pay taxes. They don't have any kind of exemption. A mere trade association office, such as a chamber of commerce or an association of local doctors is not typically a taxable entity. However, the difference here is that the NFL is not really a "football organization" it's not a public interest for football thing. To the contrary, it's the hub of private ownership, so this is getting a lot of attention. Do stockholders get paid dividends the NFL profits? No, but if it's generating $255 million dollars in revenue, and for example the commissioner of the NFL is getting paid almost $30 million dollars in salary. There's a lot of money splashing around somewhere, and maybe all of us who don't really like paying taxes would like to see some of them paying taxes. I think members of congress are going to look at this."


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A reader with his experience with a wind turbine:
In reference to the planning application for the wind turbine installation. I am all for seeking and using environmentally friendly energy resources. My only concern with the wind turbine it that during a normal breezy day the turbine is extremely quiet and unnoticeable, but during times of moderately higher winds the "blades" of the turbine make an extreme amount of very high pitch noise!
I know this because I had installed one for test purposes on my own property and found that on windy days (sometimes) but definitely nights I had to shut it off as it would keep everyone in the immediate area including myself awake!
This was a very expensive unit definitely not the bottom of the barrel but it was 5 years ago so maybe things have changed. I definitely wouldn't recommend this type of energy generator for an area where you have anyone living near you.
I've been told that they're getting quieter, but I can imagine that if their use became widespread you could have a serious noise pollution problem.
In this case Mr. Miller applied for a one year test period as well. I'm sure his neighbours would have notified Planning if noise was a problem.
There are lots of issues to consider for new power sources (solar seems best suited to Bermuda I'd think), but 'unattractive' seems like a low one on the Ministry of the Environment's hierarchy of concerns.