How Would I Go through the Civil Litigation Process?

Were you injured because of an accident, a defective product or a dangerous condition in a certain area? If so, you need to file a complaint against the responsible party in order to recover from your expenses.

Contrary to popular belief, the civil litigation process is a difficult path for people who are not familiar with legal issues. Consequently, you will certainly need a lawyer to handle your dispute case. The following are some of the stages of civil litigation where you need to work with your attorney:

• Investigation process – This is where your party should gather evidence, statements from witnesses, and certain documents for your case.
• Filing of pleadings – Pleadings are activities that litigators usually conduct to help their clients win the case. They should record these activities and present them in court if necessary.
• Discovery stage – This is the stage that usually eats up a lot of time. This is where interrogatories are drafted and documents are analyzed to be used in the trial.
• Alternative dispute resolution (ADR) – In some cases, the dispute may be resolved without going to a court trial. Both parties may opt to utilize ADRs such as arbitration and mediation.
• Court trial – After several weeks or months, a court trial would begin, and it would be presided by an administrative judge. The decision would usually be released a few weeks after the court trial.
• Appeal – If the judge’s decision does not favor your party, your attorney may file an appeal for the jury and judge to re-evaluate your case.

Civil litigation is beneficial for people whose rights have been compromised.

However, a successful civil litigation depends on several things: your type of case, the evidence you have, and the ability of your attorney. Remember that these three factors should be present to ensure a successful claim.

Once you have won your case, you will receive compensation from the liable party. The compensation usually covers damages such as:

• Medical expenses for medication, treatment, surgeries, and therapies
• Lost wages due to short-term disability or illness
• Pain and suffering caused by the injury and accident

If you want to receive these benefits, hire the best litigation attorney in your location and file your complaint with the proper city department or agency. If you work well with your lawyer, you will eventually receive compensation from the liable party and recover most of your losses.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Overview of Requirements for SSI for Children

Supplemental Security Income or SSI for children is generally determined for the same medical conditions that adults are processed for.

The program was done for the benefit of disabled children who may have to depend on their parents their whole lives.

To be qualified for SSI for children, the child has to meet the following requirements:

• The child should either be under the age of 18 or under the age of 22 but is a student who is regularly attending school.
• The child should have a mental or physical impairment that severely limits his functions.
• The disabling mental or physical impairment is expected to last for more than 12 months
• A child, who is blind, according to the standards applied to adults, may also qualify for SSI for children.

The criteria for determining a child’s disability is almost the same as that of the adults.

The Social Security Administration (SSA) uses a disability handbook that contains the eligibility requirements concerning different ailments related to:

• Digestive system
• Cardio-vascular system
• Muscular-skeletal system
• Respiratory system
• Immune system
• Neoplastic illnesses
• Mental and neurological disorders
• Growth impairments

The main difference in the criteria for adult and children is the section about growth impairments that do not apply to adults.

In terms of the ability to perform substantial gainful activity, since the child is not working, the SSA will find other ways to determine their residual functions such as their performance at school.

Now for the income and resources requirement for SSI for children, the SSA has this concept called deeming.

Deeming refers to counting all or part of the income of a parent, or step parent as part of income available for the child.

This will be deducted and used to compute the income and resources requirement of SSI for children.

Deeming from the parents stop when:

• The child reaches 18
• The child gets married
• The child no longer lives with parent

One more thing to remember is that even if the child gets approved for SSI, he or she would still be reevaluated for impairments based on the criteria for adults.

Consult a Social Security Disability Lawyer for more information.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Intolerable acts in proving Constructive Discharge

Constructive discharge happens when an employer behaves in a way that compels the employee to resign. When the employee quits the job, the employer is considered as causing the act of termination. Constructive discharge happens when the resignation is not really "voluntary".

An employee must establish objective reasons and create evidence for the intentional intolerable acts executed by the employer. He or she must prove that repetitive behavior of the employer is unbearable that a reasonable person would be compelled to resign.

Factors that can be a basis for intolerable working condition:

1. Demotion
2. Reduction in work load
3. Badgering
4. Humiliation with the intention to compel the worker to resign
5. Reduction in salary
6. Reassignment to demeaning post
7. Less favorable employment status such as decreased in salary or early retirement offer.

The employee must address his or her grievances to proper authorities within the company or organization before submitting a constructive discharge claim. This will help the employer correct such behavior and prevent further wrongdoing.

The standard for the above factors should be viewed as objective. Subjective feelings don’t qualify for constructive discharge claim. An employee cannot simply walk out of his job because of minor arguments in the workplace.

An intentional and repetitive wrong action towards an employee, without proper correction or solution from the employer, is considered as an objective intolerable working condition. Single acts such as crime of violence are enough to be considered as objectively intolerable.

Other examples of "intolerable acts" are:

1. Repeated jokes concerning one's sexual orientation
2. Repeated screaming and yelling, and that the superior threatened to fire an employee.
3. Repeated efforts of the superior to fabricate documents to fire an employee.
4. The employer changed the working condition that has adverse effect on health and welfare of the employee.
5. The employer is aware of the negative effect of the change.
6. The employer demoted or transferred you to a position that is humiliating.
7. The employer or superior has repetitive sexual harassment advances
8. Repetitive discrimination on one's age, race, religion, or disability

Examples of NON- intolerable acts are:

1. The act happens only once or rarely.
2. The reduced salary is not enough to substantiate your claim
3. Poor performance is not factor

Constructive Discharge is only applicable to people who have regular employment status. At will employees are not entitled to this claim. At will employees lack the promise of employment for a longer period of time.

Constructive discharge should include a significant change in the workplace that bothers and stresses you much that it affects your health and well being.

If you quit your job, and suffered intolerable acts in the workplace, you can file a Constructive Discharge lawsuit. Consult with Los Angeles personal injury lawyer and claim your rights.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Product liability in Defective Tires and Road Hazards

Defective Tires and Road Hazards may cause vehicular accident. Failure to maintain and inspect tires before heading off to road is practically like accepting the risk of an accident and its consequences.

Road Hazards such as obstruction, design defect, insufficient warnings, defective traffic signals, and faulty guardrails aggravate the danger that defective auto parts may bring.

Defective tires and road hazards can be overcome by following California safety road stipulations. Drivers should report defective tires to the seller or manufacturer. Such number of reports prompts state authorities to order safety recalls on vehicle manufacturers.

Safety recall an initiative of the manufacturer when a defect in a product is so threatening or widespread. Dealers and distributors are sometime called on to help in pulling out a defective product in the market.

Road hazards can be prevented by knowing the preventive measures and training in car safety. Obeying all traffic signals, wearing seat belt, avoiding DUI, and maintaining speed limit will help you develop the proper discipline and alert response system required for overcoming road hazards.

However, accidents do happen. If you are injured in a vehicular accident, you may receive compensation for the following:

1. Medical and hospital expenses
2. Pain and suffering
3. Loss income

You may either settle a negotiation with the defendant or file a formal lawsuit to receive the above compensation.

In filing a lawsuit you may assert a Product liability claim or Special liability.

Product liability will held the manufacturer responsible for the injuries you sustained due to defective auto parts. Special liability will held the government liable for insufficient warning signs or road design defect.

Product liability has three types: Design defect, manufacturing defect, and marketing defect.

Design defect- It refers to the flaw in the vehicle during its planning stage. The owner is held responsible for approving such hazardous design.

Manufacturing defect- This refers to the flaw in the vehicle during its production process. The owner is responsible for ensuring that every auto part adheres to standard quality and safety regulations of the state.

Marketing defect- This refers to the damage during packaging or delivery. It also refers to the flaw in posting safety reminder stickers and related product safety warning. The owner is responsible for ensuring that all safety reminders are posted readably by consumers.

You may file a Product liability claim if the accident is caused by a defective auto part. However, you may seek other sources of recovery such as special liability; if the accident is caused by or aggravated by a road design defect. Special liability claim allows you to receive compensation from the government.

Special liability covers road design defect, inadequate safety warning sings, defective traffic lights, worn out safety signs, and hazardous road construction such as median road in a hill without guard rails.

Consult with Los Angeles personal injury lawyer and learn more on how you can file a formal lawsuit.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Applying for Disability Benefits? Hire a California Lawyer near You

Acquiring a disability is one of the most difficult experiences a person can ever have in his entire lifetime. Fortunately, there are a number of benefits that may support his financial needs while recovering from the disability. These are more commonly known as disability benefits. The Social Security Administration (SSA) is the federal government agency that offers the two most popular disability benefits in the country:

• Social Security Disability Insurance (SSDI) – This disability benefit is offered to disabled employees who have contributed a certain amount of taxes from his employment salaries. SSDI benefits may be provided to the applicant if he acquires a disability that prevents him from doing any gainful activity.
• Supplemental Security Income (SSI) – Unlike SSDI, SSI bases its benefits on an applicant’s disability and financial situation. The applicant may receive SSI claims if he is disabled, blind, or older than 65 years old.

The state of California is also offering disability benefits to qualified applicants. This insurance is called the State Disability Insurance (SDI) and is only available in 4 other states (New York, New Jersey, Hawaii and Rhode Island) aside from California. If you have a disability and you want to apply for disability benefits, you will definitely need legal expertise.

In California, there are various disability lawyers whom you can hire to help you with the legal processes of your disability benefit application. Here is a short list of options on how to find a disability lawyer:

• Search the Internet.
• Look for a certain disability group and request them to refer you to their lawyers.
• Call your relatives and friends.

Once you have hired a disability attorney to handle your disability application and claim, here are some of the things that he may perform:

• The disability benefits application.
• Gathering and storage of important documents and files.
• Appeals for a denied disability claim.
• Collection of disability benefits.

For a disabled individual, receiving disability benefits is definitely a necessity and at the same time a privilege.

However, you can not apply for such benefits alone because you need an experienced legal expert to handle complicated issues regarding your case. After you have chosen a disability lawyer, everything would eventually go according to plan.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Some Tips and Advices Regarding Personal Injury Claims

Accidents happen to anyone, but it is the magnitude of the effect that makes the difference. A simple slip on a wet floor may even be hilarious to some but when it results to a head trauma, the person at fault for this accident is answerable to the victim and his relatives, and won’t find the incident a laughing matter.

The victim of an accident deserves to receive compensation from the person liable for the resulting injuries. Damages or compensation come in different forms but it serves one purpose: they have to give back the monetary loss suffered by the victim so as to restore his health and property, or his way of living. In case the injury permanently disables the victim, the damages he will receive should also help him adjust to his new way of living.

Accidents often lead to personal injury claims and lawsuits. If the victim of an accident decides to take legal actions, he will need to take note of some personal injury legal advice. An expert personal injury lawyer will be a good person to turn to, but there are some simple steps one can take in times of accident.

• Consider the validity of the claim. There should be enough evidence to pin the accident on someone else’s mistake. Statements from witnesses will come in handy in this stage. Only those who are indeed injured due to the negligence of others are entitled to compensation.
• Know the right amount of compensation. An expert personal injury lawyer will know how to calculate the proper amount of compensation for the victim. It will also be helpful if the victim can keep any documents regarding his expenses related to the accident.
• Negotiate a settlement with the insurance provider. The injured may receive an offer for settlement from his insurance company. The settlement should be the correct amount negotiated.
• File a lawsuit through the correct procedure. The claimant may not be satisfied with his compensation. In this case, he may file a personal injury claim, but the procedure should be one that is legally accepted.

In personal injury cases, it is important to prove the negligence of the person liable. A simple account of the incident to the authorities may help, but witnesses’ accounts will make the claim solid. When it comes to the amount of compensation, medical records or any documents showing lost wages and damages to property will help determine an accurate amount.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

How to Free Yourself from Workplace Bullying and Harassment

People may grow older every year but it doesn’t necessarily mean they grow up or at least, become mature and responsible individuals.

Workplace bullying is often a carry-over from one’s childhood and is actually pretty much the same, except of course whereas your persecutor may have been a classmate, this time, the bully is an older officemate or even a boss or an employer.

Often, workplace bullying is often mistaken as harassment but these two concepts are definitely not the same.

Bullying is the use of aggressive and unreasonable behavior against an employee. Often, bullies are paranoid and self-absorbed and think they’re better than others and that the world revolves around their interests. They usually target anyone who appears to be a threat and feel the need to “regularly” find a person they can fight or bully.

Many workplace bullies know how to operate within the established rules and policies of their office and they can employ tactics such as physical, verbal, non-verbal, and psychological abuse.

A grassroots organization in California, BullyFreeWorkplace lists down the following bullying behaviors:

• Blaming for errors
• Insults and put-downs
• “Icing out”
• Inconsistent compliance with policies
• Criticism and denial of ability and accomplishments
• Threats of job loss or daring to leave the company

Character assassination, rumors, smear campaigns, and name-calling are also common forms of bulling. Since bullies know how to operate within the system and avoid violating laws on harassment and discrimination, bullying is generally not illegal in the United States.

However, when workplace bullying involves harassment based on protected classes such as gender, age, nationality, race, religion, genetic information and disability, such type of harassment becomes a form of discrimination which is prohibited by the law.

Employees who are victimized by co-workers or employers on the basis of the above-mentioned characteristics can rightfully file a complaint against such workplace bullying and harassment.

Statutes and federal laws such as Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Americans with Disabilities Act of 1990, and Genetic Information Nondiscrimination Act of 2008 prohibit and punish workplace discrimination and harassment.

If you are experiencing workplace bullying and harassment and management has done nothing to alleviate your suffering, hire an employment lawyer to find out if you can rightfully file a lawsuit against the bully based on the above-mentioned laws.

Currently, there is nothing in the law that makes workplace bullying illegal but when the bully crosses over to illegal discrimination and harassment, that is when they can be held liable for their actions.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Getting Rid of Gender Discrimination

Gender has always been a hot issue in the workplace. Many employees and job applicants claim that they have been discriminated against in relation to their sex. First of all, any type of discrimination is prohibited by both federal and state laws. Under Title VII of the Civil Rights Act in particular, anyone who will be caught discriminating against employees based on gender would be punished.

If you are an employee and your employer still conducts such violations, you can take legal action and file a gender discrimination case. The following are some of the things you need to make sure before submitting a gender discrimination case:

• You were not hired or promoted by your employer, or you did not have a salary increase because of your gender.
• Your employer or coworkers have stereotyped you based on your sex. Some employers require their female employees to wear skirts because they look too “manly” wearing slacks. This is a kind of gender stereotyping and harassment.
• You have informed your employer about your complaint, but he did not do anything about it.
• There are witnesses that have seen how you have been discriminated against in the workplace. Aside from witnesses you may also get other discrimination victims of the defendant and file a class action lawsuit against him.
• Your performance at work has been affected by the discriminatory actions committed against you.The only way to resolve the dispute is to file a gender discrimination case.

Taking your complaint into court is one of the best ways to stop discrimination in the workplace. In taking legal actions against the responsible individual or parties, you will need a discrimination attorney to fight on your side. With his expertise and enriched experience regarding gender discrimination disputes, he would be a valuable addition to your party in pursuing the case.

Discrimination dispute cases are expensive as far as employers are concerned. Because of this they would take retaliatory actions against you in order for you not to submit the dispute. You should remember though that once you have filed a formal complaint against your employer you are placed in a protected state. This means any retaliatory actions against you would be considered additional violations of the employer.

Winning a gender discrimination case is relatively easy as long as you have a reliable attorney handling your lawsuit. Once you have won the case, no one would ever dare to discriminate against you in the workplace.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

State Laws Regarding Common Car Modifications

To suit their lifestyle and passion, most car owners match their vehicle’s appearance to their personality. However, the modifications don’t just end with its appearance. There are car owners who alter many of the features of their car and take it to new heights. Sometimes they even add new features to it to make it look very contemporary and “cool”.

After-Market car modifications started gaining popularity when shows that feature companies that do car customization hit mainstream media. People started showing interest and made car modification a hobby. After-market parts means that the manufacturer of the car parts added to the vehicle is different from that of the actual car. Common after-market parts include air intake kits, car graphics kits, and chrome rims.

However, despite being in style, after-market car modifications may not be compatible with state laws. After-market parts are legal, but installing it to an automobile, especially one that is not from the same manufacturer, may violate laws and nullify the car’s warranty. States issue their own regulation since there are no federal government laws that exist regarding car modification.

What are some of the car modifications that may be unlawful on states?

Window Tinting

Almost every state has a different law regarding tinted window. Typically, the tint for the car’s driver side for those living in Midwest and East Coast should only range from 50 to 70 percent, which means a very light tint. Southern states could go less than 30 percent.

Exhaust

The legal decibel level of exhaust is at the maximum of 90db measured 5m from an exhaust that is at a 45 degree angle on deceleration from a particular RPM, and must comply with emissions standards. In Massachusetts, using exhaust-system to increase the car’s sound output is illegal. In most states, the police often judge whether the exhaust is louder compared to an ordinary model of the car.

Lighting

Some cars add lights underneath the car, but many states have regulated the allowable brightness or color of the modified light. Under body neon or LED lights are still legal since there are no particular laws regarding it. The lighting shouldn’t obstruct the front and rear headlights. Flashing lights, except indicators, are not allowed unless the vehicle is an emergency car or a car in hazardous condition. Blue lights are acceptable but not on emergency vehicles.

White lights should only be in front while the rear should only have red. Purple is used by the Department of Transport and therefore prohibited, while yellow should only be used as clearance markers.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

The Basics of SSA Hearings for Disability Claims Appeals

Majority of the claims in the initial and reconsideration stage of Social Security Disability claims will be denied.

In fact, many of these claims appeals are only approved in the Social Security Administration (SSA) hearing that is scheduled by the Office of Disability Adjudication and Review (ODAR).

The SSA hearing is administered by an administrative law judge (ALJ) and the process is pretty informal compared to a judiciary hearing.

Here you will be given a chance to present evidence and personally convince the judge of your disability and inability to perform substantial gainful activity.

To make you more optimistic, majority of all the claims that are scheduled for SSA hearings are approved after.

One of the possible causes of the sudden spike in approval rate is the presence of disability lawyers.

This is the stage where most claimants realize that they need the assistance from an expert to help them prepare a strong claim and to represent them in the hearing.

To emphasize the point, here are some ways how a disability lawyer can help your claim:

• Gather more medical and other supporting evidence for your claim.
• Talk to your doctor to get a medical report that is consistent to the regulations of the SSA.
• Prepare you for your testimony in the SSA hearing.
• Object to questionable evidence and procedures that can work against you
• Cross examine medical and vocational experts to gain answers that is favorable to your claim
• If you win, the disability attorney can calculate the correct amount of your benefits.
• Represent you in federal court review if you lose your case

When to request for hearing?

You actually have 60 days from the date your disability claim was denied to decide if you want to pursue or not.

You will have to submit a request to ODAR and the SSA hearing will be assigned to an ALJ near where you live.

The average wait time for SSA disability hearing schedule response is 444 days.

Can a claimant go to an SSA hearing without a lawyer?

Yes you can, the question is do you really want to?

You have already been denied twice and you have waited a couple of months just to get an SSA hearing, do you really want to risk going at it alone.

Statistics show that the chances of success increases with the presence of a disability lawyer.

Besides, many disability lawyers come in a contingency basis where you do not have to pay unless your claim is approved.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Advantages of Structured settlement payment over Lump sum in Personal Injury damages

A structured settlement payment is an option for mode of payment usually arising from personal injury cases. The plaintiff can receive damages in small amount of money spread over a longer period time. It is an installment payment for your losses.

The usual practice in court is granting a lump sum wherein the award money is given to the plaintiff in full amount at one time.

If your injuries are minor and the award money is relatively small, you may opt for lump sum payment. However, in cases of catastrophic injuries, you can apportion the huge award of money for a long period of time. This can aid your continuous medication or therapy and can finance your family when you are no longer able to work.

The advantage with structured payment is that you can plan and control the expenses regularly. Statistics show that families who receive the lump sum can spend it within five years. If you trust the insurance company and rely on the court's power to implement the decision consistently, then structured settlement may work for you.

On the other hand, the disadvantage for structured settlement is that insurance company may face economic or financial trouble and reduce the amount of your annuity. If you will be receiving a small amount of damages, you may opt for a lump sum and use it to finance your immediate medical needs.

Insurance adjuster will do everything to make the payment as small as they can. Paying in structured settlement allows them to minimize the cash flow and reduce the monetary value after several years. You may seek a professional lawyer specializing in personal injury or insurance claim to assert full compensation for your injuries as well as weigh the best payment mode that works for you and your family's situation.

Should you decide to opt for structured settlement, the annuities that you will receive are tax-free. You also have an option to sell your structured settlement payment to other entities.

Advantages of structured settlement payment

1. Structured settlement provides long term financial security for your family and may prevent the likely dependence on government for long term support.
2. Annuities can be customized according to your needs. It can be modified according to your medical expenses and frequency of therapy.
3. The government, however, offers protection should the insurance company go bankrupt.
4. The plaintiff may request a bigger amount of money at the first few payments to cover expensive hospital bills and therapy.
5. Structured settlement funds an eventual advancement in medicine to cure severe injuries.

Consult your Los Angeles personal injury lawyer and learn more on how to assert a structured settlement payment.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.