Stages of a Wrongful Death case

Vehicular accidents are often the cause of catastrophic injuries, leading to death. If your loved one was killed in an accident, you can file a wrongful death lawsuit. If evidence shows that the defendant has malicious intent to harm your family member, you can assert punitive damages.

You can consult with an experienced Wrongful Death lawyer in California to help you file the case.

Here is an overview of the stages of a wrongful death lawsuit:

Negotiation - You can meet with the defendant and come up with a mediation to resolve the matter. Your lawyer can write the demand letter stating the offense and the total amount of damages. If the defendant doesn't cooperate and you are not satisfied with the settlement amount, you can file the formal lawsuit in court.

Discovery - When the wrongful death lawsuit has been filed (it includes payment of court fees), you can start obtaining information from the other party or other sources to substantiate the case. You will have to gather evidence such as copy of police report, witness statements, photos from the accident scene, medical records, death certificate, and expert opinion.

Pre-trial - Legal representatives or lawyers from both parties may make arguments about the case. It includes the details on the plaintiff's complaint, the validity and credibility of evidence presented, and potential motion to dismiss the case.

At any stage in a wrongful death lawsuit, both parties can agree to reach an amiable settlement to resolve the matter. Both parties can come up with a reasonable method to pay for the damages such as lump sum or structured payment. The agreement must be put into writing as a proof that the case is resolved. However, if one party disagrees with the conditions of agreement, the case can be pursued in court.

Trial - Both parties can assert evidence, make legal defenses, present and cross-examine witnesses, and make final arguments. The court will review the evidence presented, the statement of witnesses, and any expert opinion. The judge will also determine the amount of damages.

Sentencing/ Verdict - The court renders the decision for the case. The judge may award the damages and set the penalties of the defendant.

Appeal - Either of the parties can ask the higher court to review the court decision and assert some legal error.

Collection - The court can have the payment for damages either in lump sum or structured method. In lump sum, the defendant pays the damages in full amount. On the other hand, structured payment allows the defendant to pay in partial amounts.


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.

Employee benefits under Family and Medical Leave Act (FMLA)

If you have just given birth, and you cannot resume work because of your medical condition or need to take care of your newborn; you may avail of Family and Medical Leave benefits.

The Family and Medical Leave Act (FMLA) allows insured employees to take time off from work to attend to personal medical condition or care for an immediate family member. Employees can avail up to 12 weeks of unpaid leave within a year.

FMLA allows the following conditions:

1. Care for a newborn child
2. Care for a sick immediate family member
3. Adoption of a child
4. Attend to personal medical needs such as therapy, surgery, or treatment

Employers have the responsibility to:

1. Provide unpaid family or medical leave to qualified employees
2. Reinstate the employee after completing the family and medical leave
3. Offer an equivalent job post and wage rate upon the return of employee
4. Cooperate with the employee in processing FMLA benefit claim

FMLA benefits to military

FMLA also extends to those who serve in the military. The National Defense Authorization Act provides FMLA benefits to employees who need to care for a family member who is injured while rendering service in the military.

If the injured military officer or soldier was seriously injured or ill, FMLA benefit can extend up to 26 weeks of unpaid leave for the year.

Eligibility requirements for FMLA benefit leave:

1. Employees who have rendered at least 1,250 hours of work for the employer or an equivalent of 12 months.
2. The employee works for an employer who has at least 50 workers within 75 miles of the facility.

FMLA facts

1. Employees can arrange with the employer to use FMLA benefit on an intermittent basis. It means that the employee can spread the 12 weeks throughout the year. The employee can also ask for accommodation to have adjustment in work schedule or shift.
2. You can still avail of the employer's health insurance while enrolled in FMLA program
3. In California, you can avail of Paid Family Leave (PFL), FMLA, and California Family Rights Act (CFRA) concurrently. These programs allow employees to have up to six weeks of paid leave. The State Disability Insurance Program handles the employee claims.

Make sure that you inform your employer ahead of time on your plan to avail of FMLA benefit. It will help your employer to process the needed requirements and provide you ample time to submit medical certificate and clearance.

If your employer refuses to give FMLA benefits, you can consult with an Los Angeles Employment Lawyer to help you assert your FMLA 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.

FAQs on Wrongful Discharge

What is wrongful termination or discharge?

A wrongful discharge occurs when an employee gets fired for unlawful reasons. In this case, an employee may be able to recover monetary damages or severance package from his employer.

What makes a discharge wrongful?

Usual reasons behind a wrongful termination include discrimination (based on gender, race, national origin, age, disability, or religion), retaliation for making a workers' compensation claim, employee serving on a jury, non-compliance to an illegal directive of the employer, or as a form of sexual harassment.

Can an at-will employee sue for wrongful termination?

In many states, an employee is automatically considered as “at-will,” or those without a fixed term of employment, which means both parties –whether employer or employee - may end the employment relationship at any time for any reason.

But an at-will employee may still be fired for unlawful reasons and they can still sue for that. For example, employees cannot be terminated if they choose to do protected activities like pregnancy leave, family leave, or military leave.

What courses of action are available to employees who have been wrongfully discharged?

Before even considering legal action, the employee may attempt to negotiate for a severance agreement first. He will receive compensation for that. But there are those employees who may choose not to enter into negotiations for settlement and just go on with a lawsuit. Terminated employees may consult with Los Angeles wrongful discharge attorneys to determine whether a lawsuit is in order or not.

Can an employee who has a wrongful termination case look for a new job?

Employees are required under law to mitigate the damages they experienced by looking for other employment opportunities even while the lawsuit is going on. It does not have to be something that is way beneath the former work; at least something in which the employee is qualified for.

Keep a record of every attempt made to apply for a job, like a newspaper advertisement, resumes sent, telephone calls made, etc. Do not forget to include the date, name of the company, name of the individual contacted, position applied for, and the company's response.

What can an employer do to protect the company from wrongful termination claims?

Sometimes, even when an employee is terminated for all the right reasons, the employee would still attempt to bring a wrongful discharge claim against his former employer. In defense, the employer should find any or all documents about the employee’s performance, like memos and disciplinary actions, especially if he was terminated due to poor performance or adverse behavior. Speaking with an attorney would also help.


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.

Personal Injury: Liability in Medical Malpractice

In medical malpractice, the error or negligence committed by a medical practitioner is often taken into consideration. Even if most cases are caused by the medical practitioner, other individuals or entities that can also be held liable. Ask an attorney for personal injury legal advice before filing charges against these persons or entities.

Hospitals

Hospitals may either be private or public entities. In both principles of negligence and vicarious liability, a hospital can be held liable for medical malpractice actions.

• Negligence: A medical staff of the hospital should consist of licensed physicians and health care providers. Before hiring someone, the hospital should make reasonable inquiries into an applicant's education, training and licensing. If an incompetent staff injures a patient, the hospital would be liable under the doctrine of “corporate negligence” for negligent supervision or retention. It is also negligence if a hospital fails to investigate the credentials of a physician before giving him privileges at the hospital, or letting him treat patients.

Shortage of nurses can also be blamed to the hospital. It is their responsibility to ensure that there is sufficient number of nurses on duty to maintain quality patient care. Failure to follow the orders of a patient's private attending physician is also considered negligence. If the hospital finds out that a private physician's treatment plan is contradicted but fails to make reasonable inquiry about it to the physician, the hospital could also be found liable.

Hospitals may be held liable for not protecting patients from harm, inadequate clinical tests, not keeping medical records, and not properly admitting and discharging patients. Federal and state statutes also prohibit them from refusing to treat or admit people based on race, color, religion or national origin, or on inability to pay for treatment.

• Vicarious liability: This means that a party is responsible not for its own negligence, but for the negligence of another. In this case, the hospital may be liable under the legal doctrine “respondeat superior” if an employee acting within the scope of employment was negligent. This also applies to acts or omissions of contractors who operate emergency rooms and outpatient facilities. Respondeat superior may apply to physicians who are also independent contractors.

Pharmaceutical Companies

Pharmaceutical companies may also be held liable for injuries that were acquired due to the intake of their manufactured drug, especially if they fail to warn physicians of its potential dangers. It is their duty to research about the risks before sending it out to the market to ensure the safety of consumers.

However, companies cannot be held liable if they were able to inform the physician about the drug’s risks because their duty is to the physicians. Physicians, on the other hand, are liable if they fail to inform patients about the risks or if they gave the inappropriate prescription to the patient.


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.

Driver Fault in Pedestrian Accident

According to statistics by the National Highway Traffic Safety Administration, more than 60,000 pedestrians were injured in traffic accidents in 2006. Some of these injuries even lead to death. To add insult to injury, most of these pedestrian accidents that result to death occur between 3 pm to 4 pm, around the time when a lot of children have just got out of school.

A pedestrian vehicle accident is not a rare occurrence. In fact, two in every ten road accidents involve pedestrians. However, what makes it so much a cause for concern is that regardless of whether a vehicle is slow or fast, any person may suffer from serious injuries when struck by a running vehicle. These injuries may include the following:

• Broken or fractured bones
• Permanent or temporary disability/ injury
• Head injuries
• Brain injuries and damage
• Scars, mutilation, or disfigurement
• Mental distress and damage

In this kind of accident, fault is often determined through negligence. Either or both the driver and pedestrian may be liable for the accident if their actions were considered negligent. But in majority of cases, the accident is attributed to the driver’s negligence. This includes negligence such as:

• Not paying attention to the road or being pre-occupied
• Speeding and failure to adhere to speed limits set on a particular road
• Not stopping at a pedestrian crossing and in other pedestrian right of way areas
• Having an alcohol count that is over the legal limit or being under the influence of drugs

An important thing that drivers should know is what to do after being involved a pedestrian accident. By simply remaining calm and cooperating with authorities, a driver can minimize his liability.

• Secure the injured victim first. Make sure the victim is safe from further harm from other motorists. Do not administer any medical treatment that is beyond what is required on your own as it may further endanger the pedestrian.
• Get medical help for the injured and contact authorities. File a report regarding the accident from the facts that you remember.
• Exchange contact information with the other people involved.
• When talking to the pedestrian or any other people, avoid apologizing as this may indicate admission of fault. By doing so, the driver exposes himself to a personal injury lawsuit, especially if he speaks directly to the pedestrian’s attorney or insurance company.
• Seek a lawyer’s advice. If the driver is likely to face criminal charges, contact a criminal defense attorney as soon as possible. A lawyer can also help if the pedestrian decides to file for recovery of damages.

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.

Personal Injury: Independent Medical Examination

Accidents basically involve losses and therefore, compensation. These may come in the form of monetary damages that can be recovered in a lawsuit, the amount of fees incurred due to the injury or damages that resulted from the accident, or the settlement between the insurance and the policy holder involved in the accident.

But it’s only natural for some people to not pay such a huge amount that easily, especially if they are not sure if there are even any injuries or damages sustained. They first want to be guaranteed that the amount is going to where it’s supposed to be spent or compensated on. That is why some insurance companies require having an independent medical evaluation first from the injured party.

Why is IME needed

It’s only logical for the victim or the injured party in an accident to have himself examined and treated by a doctor. And naturally, he will choose a doctor that he knows or he personally selected. The concern of the insurance company or the defendant in this, though, is that the victim’s own physician may be biased in assessing the injuries incurred. The insurance company or defendant then has the right to have an independent physician do an examination to the victim in order to make sure that he has severe injuries as he claimed it to be and that it was indeed brought about by the accident and not something else.

When and when not to get an IME

Whether or not the injured party decides to have an independent medical examination, he may be compelled to do so under some conditions, especially if the state laws allow insurance companies to oblige it if a claim looks questionable or if the insurance policy requires it. However, the insured may not submit himself to an examination if it causes undue burden to him.

A judge may also order an IME in some circumstances, like if a person’s injuries are in dispute. However, if a person has injuries but only wants to recover compensation for property damages or if the victim sues after the injury has completely healed, then an IME is not in order. IME is ordered not only for personal injury lawsuits but in other cases as well, like in a child custody dispute to know whether a parent is emotionally stable to take care of the child.

Aside from IME, an accident victim should also be ready for to look for top personal injury lawyers in order to have a better chance to recover for damages.


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 Worker’s Compensation works for Construction Employees?

Despite the recent decrease in the number of deaths, construction accidents remain as the major hazard to construction industry workers, not only in California, but in the whole United States as well.

There are just too many dangers surrounding a construction worker compared to other industries.

Now a construction worker has two choices after being injured in a construction accident.

He can either avail of the worker’s compensation insurance or make a workplace accident insurance claim against the employer.

However, you have to choose one and give up the other.

To understand, here is an overview of California’s Worker’s Compensation Law.

Definition

This refers to the state-mandated insurance coverage that provides you, as an employee, monetary and medical benefits in the event that you sustained an injury while on the job, regardless if your work on or off-site.

This benefit is usually given on a weekly or bi-weekly basis and is a percentage of your current income.

Aside from the monetary payment, this insurance coverage would also provide evidence based medical treatment, which means that it will only cover treatments that are scientifically proven to cure or treat the injury.

No Fault System

Worker’s compensation works in a no-fault system, which means that regardless if their injury was caused by the employee, the employer or a third party, the employee will still be eligible for the benefit.

However, as stated above, this insurance coverage will only cover injuries that are sustained while the employee was on the job.

Right to sue

This will answer the question why the employee cannot sue the employer for his injuries once he taken advantaged of Worker’s Compensation.

Since worker’s compensation is a no fault system, the employer will cover all injuries sustained by employees while he is at work, even if he is not the one at fault.

However, in exchange, the employee will surrender his common law right to sue the employer for the same injuries.

3rd Party Lawsuit

However, only the employer is shielded by Worker’s Compensation from being sued for damages.

If the accident that caused the injuries was caused by a third party such as a supplier or an independent contractor, then he can consider filing a lawsuit against them.

Insurance Companies

The insurance adjuster will be the one determining if you will be approved or not for benefits.

As with other insurance companies, the insurance adjuster may try to discredit your claim by various methods such as showing that your injuries was not sustained on-the-job by connecting it to a previous injury.

To avoid these problems with an insurance adjuster, consult with a Los Angeles Personal Injury Attorney for guidance and help.


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.

Safety Equipments for Bikes

Having the right biking equipment can make a cyclist’s journey safer, whether it’s for recreational or for commuting purposes. Some of these equipments include the following.

• Mirrors: Mirrors may be installed on the handlebars or on the bicycle frame’s top tube. It may also be mounted to the helmet. A good mirror is vibration-resistant and placed where it is easy to see for steady or constant tracking of traffic. Set it far enough from the eyes so that the change in focus between the street and the mirror is not too hard on the eyes. With the help of mirrors, one can detect when a driver steered around or slow down. Choose wide mirrors so there are limited blind spots.

• Flags: This equipment is mostly important when approaching intersections, where objects at ground level block an approaching driver’s view before turning down the street. Flags also make other drivers aware of the bike’s presence in traffic. The snapping of a flag in the wind also increases the bike’s visibility from behind. Place the flag as vertical as possible, and not trailing behind the bike.

• Headlights: Headlights are generally required by the law, especially at night, and helps the biker be seen by other motorists. It should be radiant enough to be detected early and is partly directed at the ground. Headlights may either be halogen or LED. LEDs last longer but are less intense. They make good backup lights but are still not powerful enough to stand alone. Halogens range in power; from as low as 2.5 watt lights to 12. Some headlights are designed to be mounted on the helmet, but it’s more recommended to attach it to the bike. Use of rechargeable batteries is also recommended. For urban cyclists, one smaller light is needed since the area’s terrain is simple and the road calls for slower speed. More lights may be switched on when approaching difficult situations.

• Taillights: Most cyclists consider taillights more important than headlights due to concern about cars approaching from behind. Since cyclists can’t easily track pursuing or overtaking traffic, visibility to the rear becomes important. Batteries for taillights usually run for more than 100 hours, with reasonable brightness. They are best used in a dark street, against dark background.

Bicycle accidents not only cause damage to the people involved and property, it may also result to lawsuits. In this case, bike accident lawyers can help victims recover damages that are rightfully theirs.


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.

Writing a Demand Letter for Personal Injury Claims

Insurance is such a significant part in every person’s life that in some states, failure to acquire certain types of insurance is a violation of the law. Acquiring insurance is only reasonable; after all, it serves as “support” to people who are in danger of experiencing financial woes due to an unfortunate accident.

Sometimes though, a person may find it difficult to receive reimbursement from insurance companies. One step that some people may have a hard time with is writing a demand letter for the insurance claim. Demand letters are important because it provide details about the accident that will be used to determine whether the demanded amount of the policy holder for compensation is reasonable.

Demand letters should answer some questions about the incident, which may include:

• What were the injuries acquired?

• What makes the other party involved legally responsible for the injuries?

• What medical treatment/s was done and how much did it cost?

• How much was the income loss?

• What other damages were suffered?

• In case of a car accident, why is the injured qualified to make a claim against someone else under no-fault automobile insurance?

Aside from these questions, policy holders should also take note of these details that need to be emphasized.

• Liability: Do not admit fault, instead explain why the other party is the one at fault. Explain your side of the story of how the accident came about, but support it with more facts and theories from other sources like police report or witnesses’ statements.

• Comparative Negligence: Even the injured party may be slightly at fault for the accident but do not admit it on the letter. Instead, consider it once you’re determining the amount for settlement.

• Injuries and treatment: Describe every injury acquired including permanent ones: the pain felt, length and difficulty of recovery, negative effects it had on daily life, and the symptoms. However, do not make things up. Insurance companies will know if one is exaggerating. Also, use medically-appropriate terms if possible.

• Expenses, losses, and settlement demand: After explaining the expenses and losses incurred due to the injury and accident, indicate the demanded total amount of compensation for it. Make it 75 to 100 per cent higher than the expected amount. The insurance adjuster will negotiate and try to offer a lower amount anyway.

For people who are still unsure on how a proper demand letter should be written, find a Los Angeles personal injury lawyer and get his help in drafting the letter.


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.