Showing posts with label Mesriani Law. Show all posts
Showing posts with label Mesriani Law. Show all posts

Monday, June 28, 2010

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.

Monday, June 21, 2010

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.

Thursday, June 17, 2010

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.

Tuesday, June 15, 2010

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.

Friday, June 11, 2010

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.

Wednesday, June 9, 2010

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.

Monday, June 7, 2010

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.

Friday, June 4, 2010

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.

Wednesday, June 2, 2010

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.

Monday, May 31, 2010

How to Save Car Insurance Rate

Many people chose to ride or drive a car due to comfort and convenience it provides. It is also faster and easier means of transportation if compared to other vehicles. Nevertheless, like all others, there could be several legal ramifications once a car was involved in an accident. One of which is dealing with insurance companies. Hence, it would be very advantageous to drivers, specifically, to know the car insurance rates.

Having car insurance is required by most states. Typically, liability insurance is the most common type. In this type of insurance, the insurer pays the person you have caused damage.

Car Insurance Rate

In buying car insurance, your primary consideration should be the rate. Car insurance rates vary depending on risk. Insurance companies base their premiums on the risk factors. The higher the risk, the higher the premiums will be.

Premiums are costly, and it may be even higher than the cost of the car. It is due to high chances of cars to be exposed in danger. The insurer will be the one to determine how much you are going to pay using probabilities and statistics.

Insurance companies consider age, sex, marital status and the type of the car-should it be ordinary, sports car, among others. They also consider the profession, life style, financial status, driving status, and residence.

Rates may also rely on the automobile insurance company. The price depends on the brand name.

Car Insurance Problems

Aside from higher premiums, one problem that you will encounter in dealing with car insurance is the unlawful practice of discrimination on the basis of geographic location when providing loans or insurance coverage because of high risk or possibility of loss- also known as redlining.

Although such practice is considered illegal, discrimination still exists. Some insurance companies do not grant coverage because of racial differences.

Another car insurance problem is the practice of granting contractual clauses. These clauses limit the insurer’s responsibility and obligation to the insured, specifically, if that person was involved in a major liability.

Additionally, there are also some insurance companies who require high premiums or decline to cover persons with high-risk of exposure particularly those who drive sports car. Whereas, there are some who intentionally makes policies that are too complex, making others not to understand the payment and coverage clearly.

Also, one of the problems you may encounter in buying car insurance is the higher rate especially if your car is at higher risk, or has higher exposure to danger such as sports car. However, there are some ways you could do to save.

Ways to Save Car Insurance Rates
  1. Compare insurance quotes with other companies.
  2. If your car has a lower risk ask for discounts- it can be through driving less miles per year.
  3. You can also ask discounts if you are senior citizen.
  4. Take defensive driving classes.
  5. Install safety and protective devices in your car.
  6. Combine insurance coverage. There are some insurance companies who cut premiums up to 15%, and you can buy auto and home insurance to the same insurer to save.
  7. Raise deductible by increasing a collision deductible to your auto policy.
  8. Shoulder minor repairs or those that cost below $1, 000.
  9. Have a clean driving record for at least 36 months or three years. This will be helpful in lowering premiums.
  10. Chose a simple but decent car. The more expensive your car will be, the more cost to insure. Luxurious cars are also subject to theft.
Determining car insurance rate is a very important matter. Once involved in an accident, knowledge about it could be beneficial.


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.

Friday, May 28, 2010

Job Termination Rights FAQ

One of the most common violations of employment rights is wrongful termination.

Wrongful termination refers to situations where an individual’s employment was terminated for unlawful and invalid reasons.

Wrongful termination is a result of not respecting or ignorance of job termination rights of employees.

Some of the most common cause of wrongful termination are:
  • Discrimination
  • Harassment
  • Nepotism
  • No due process
To understand wrongful termination, here are answers to some job termination rights FAQ:

How do I know if I was wrongfully terminated?

The best way to know if you have been terminated is to consult an employment law attorney.

There are instances where you might think that you are discriminated upon but it is not protected by law, so you were not really wrongfully terminated.

In another example, even if there is some justification in your termination, if the employer did not follow the company policy in your firing, then you may still have a wrongful termination case.

What laws protect me from wrongful termination?

Generally, the federal and state discrimination laws protect you from being a victim of wrongful termination such as:
  • Article VII of the Civil Rights Act of 1964 – Protects you from being terminated based on your sex, race/color, religion, and national origin.
  • Americans with Disabilities Act (ADA) – Protects qualified employees from being terminated based on their disability.
  • Age Discrimination in Employment Act (ADEA) – Protects employees aged 40 and above from being terminated based on age.
  • California Fair Employment and Housing Act (FEHA) – State law that prohibits termination based on disability, age, sex, religion, national origin, and race.
Can at-will employees file wrongful termination?

Yes, there are three exemptions where at-will employees can file wrongful termination.

Here are three actions of employers that can be used a s cause for wrongful termination:
  • Breach of implied or express contract
  • Breach of covenant of good faith and fair dealings
  • Undermining or breaking existing federal and state laws
Are there options other than filing lawsuits?

Yes it is actually recommended that you exhaust other avenues before filing a lawsuit against your employer like:
  • You can negotiate for a fair severance package from your employer so that you will not be in too much difficulty after being terminated.
  • Some employers also stipulate in employment contracts that all employment disputes must first be resolved through alternative dispute resolution (ADR) processes like mediation or arbitration.
  • If the case is still not resolved by then, then a lawsuit can be your last recourse.
You should have a lawyer with you in any of the steps above.

What can I get from filing a lawsuit?

You most likely won’t be able to get your job back as the court does not have the power to reinstate you.

However, you will get compensation for damages, which may include:
  • Back pay
  • Economic damages such as lost income
  • Non-economic damages such as pain and suffering
  • Contributions to pension account
  • Punitive damages of the employer’s actions were reckless, malicious or intentional
Consult your Los Angeles personal injury lawyer for more details.


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.




Wednesday, May 26, 2010

Understanding the Advantages of Class Action Lawsuits

When a company performs actions that could lead to injury (physical or otherwise) to a lot of people, then a class action suit could be in the making.

In California, class action lawsuits can be filed for personal injury, employment issues, and other cases where the members suffered similar harm from the company.
Some of the most common causes of class action lawsuits are:
  • Misleading information about consumer products that lead to injuries
  • Defective products that lead to injuries
  • Employment Discrimination
  • Sexual Harassment in the workplace
Before a class action suit can be certified and approved by the court, the lead plaintiff and his representative must first prove certain elements like:
  • Number of members – The plaintiff must prove to the court that because of the large number of people affected, it is more practical to combine the claims together instead of individual regular lawsuits.
  • Commonality – There should be common damages experienced among the members of the lawsuit. Aside from that, the law in question should also be the same for all involved.
  • Typicality – The lead plaintiffs should have the same claims and arguments as those members that they are representing.
  • Adequacy of Representation – The lead plaintiffs and the lead lawyers should prove to the court that they will protect the interest of the class.
  • Viability of defendant – it is not really a requirement but before filing a class action lawsuit, it is important to determine if the company have the means to pay for the damages.
But why should you file a class action lawsuit instead of an individual lawsuit?

Here are its advantages:
  • Consistency – Because there are a large number of affected people who sustained the same type of damages under the same conditions, it gives your arguments more consistency and credibility.
  • Extends statute of limitation – Because there are a lot of people involved in the lawsuit, the time limit can be extended beyond that of an individual lawsuit.
  • Fewer obligations – there is little required from members of the class action suit aside from having similar experiences.
  • Savings – members of the class action suit can share the litigation costs.
  • Contingency basis – Most class action suit are taken by lawyers in a contingency basis so members do not even have to make payments because the lawyers will just take a percentage of the settlement or awarded damages. It also guarantees that the lawyer will be working hard for the case since they will only earn once you win the case.
Notifications are usually sent out to possible members of a class action lawsuit.

Once you receive one, it will be up to you to decide whether to pursue it individually or join the class.



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.

Monday, May 24, 2010

Dangerous Roadway Designs Leading to Vehicle Accidents

Road design is crucial in maintaining safety on the roadway. In fact, some of the most fatal vehicle accidents are caused not by driver negligence or auto defects, but by dangerous roadway designs. This is because such designs do not only endanger the life of a single driver, but all the motorists that pass by that certain road. Some of the dangerous roadway designs today that may cause vehicle accidents include:
  • Insufficient road banking or curve – Whenever roads or highways turn, there is a slight curve or banking of the road to accommodate to vehicles when making turns. However, if banking designs are not perfect, vehicles may get off the road and turnover, which may cause injuries.
  • Ineffective guard rails and road barriers – Guard rails are especially important for bridges and flyovers. Road and highway administrators should ensure that these rails are able to withstand the force coming from a speeding vehicle.
  • Good entrance and exit ramp design – Entrance and exit ramps are helpful in accommodating in the merging of vehicles in freeways. Ineffective ramps may cause dangerous accidents especially for speeding automobiles.
  • Lack of road warnings – The purpose of road warnings is to inform motorists of certain dangers on the road. Some warnings include signs for slippery roads, sharp turns, accident prone areas, and railroad tracks.
  • Indistinguishable road markings – Aside from signs, markings on the road should also inform drivers regarding intersections, lane merging and emergency bay areas. If the paint used in such markings is easily washed off, drivers may not recognize them.
  • Inappropriate location of traffic control devices – Traffic control devices should be placed in locations suitable for their function. For instance, traffic lights are best positioned in intersections.
  • Road design not suitable for traffic density – During road construction, administrators should consider how many vehicles pass by the area. This will give them an idea of a suitable road width.
  • Roads with poor visibility – Roads on hills and mountains often have this kind of problem. Drivers should be able to see incoming traffic even though they are driving along these kinds of roads.
Every driver should not only be aware of his driving attitudes and vehicle, but also the characteristics of the roads he is passing by. In some cases, it takes more than one person to monitor all these three factors. Drivers should never get tired of checking such things because it works for their own benefit.


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.

Thursday, May 20, 2010

Air Disasters: Surviving a Plane Crash

A lot of people are afraid of flying and no one can really blame them. People are more vulnerable to accidents up in the air than on land because of its unstable condition and lack of definite traffic flow. But passengers can keep in mind some plane crash survival tips to keep themselves safe the next time they decide to fly.
  • Emergency exits – As soon as you board the plane, check the two emergency exits nearest to your seat. Plan your escape route. Count the seats between the exit and your own seat so that in case of smoke that may impair your vision, you’d be able to feel and count the seats.
  • It is actually safer at the back – Some organizations concerned with aviation safety claim that there are no safe seats. However, in 2007, Popular Mechanics made a study that looked at the survival data from plane crashes since 1971. It was found that people in rear seats or behind the wing's trailing edge were safer by as much as 69 percent. Sitting by the doors may result to getting sucked out of the cabin of a pressurized plane. So maybe it would be smart to sit at the back of the plane instead.
  • The proper attire – Long sleeves and pants can provide better coverage in case of a fire compared to ordinary T-shirts and shorts. Choose a closed-toe shoe instead of sandals or slippers because it will help protect your feet from glass or metal shrapnel. Remember also to remove pencils, pens, eyeglasses, and high-heeled shoes since their sharp tips may harm you or the other passengers.
  • Pre-flight instructions – Listen carefully to pre-flight instructions. Putting the seat belt on as tightly as possible is just the initial precautionary step in keeping yourself safe.
  • Getting ready for impact – The proper crash position according to the Federal Aviation Administration is to “extend the arms, cross hands, and place them on the seat in front.” Your head should be placed against the back of the hands. Feet should be tucked under the seat.
  • The “Golden Time”: The first 90 seconds or the first two minutes of the plane crash is considered as the “golden time.” Try to stay calm and move fast within this first minute. That includes moving far away from the plane as swiftly as possible.
It will also help if the family can work together to save one another. In case of fire, remember to keep your head down, cover your mouth and nose, and hold a wet cloth over your mouth. And remember to keep both hands free and never try to save your belongings.


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.

Tuesday, May 18, 2010

Class Action Lawsuit: Making Someone Pay for Your Injuries

Mass personal injuries, or injuries caused to multiple victims, are most commonly caused by two kinds of tort cases – personal injury accidents and product liability cases. People who suffered injuries because of these two reasons may sue the responsible party by filing a product liability or personal injury class action lawsuit. The following are some steps you may consider when filing a class action lawsuit for product liability or personal injury:

Product liability

There are two instances where a defective product can cause injuries to its consumers. The product may have been recalled already but yours were not recalled, or the product does not have any known defect when it injured you. Whichever situation you are in, you are definitely not alone. Once you have gathered several other plaintiffs who suffered similar injuries from the same product defect, this is when you will need to determine certain factors such as:
  • The manufacturer did not put enough labels or instructions that the product has the potential to cause injuries. This may also mean that the manufacturer was not aware of the possible harm that its products can cause.
  • Your injuries were directly caused by the product defect. You have to prove that your injury was not caused by your own negligence.
  • The product was not the only one that has defects. Because you were not the only one complaining, you will have a stronger complaint against the manufacturer.
  • If the product has already been recalled, you have to prove that you were not informed about it. If you were injured several months after the recall was conducted, that means the manufacturer did not inform every consumer about it.
Personal injury

One of the most common causes of mass personal injury is a car accident. If a single driver was responsible for the injuries of several people in a vehicle accident, he would be held liable for the injuries he caused. In such situations, some courts prefer to receive personal injury class action lawsuits rather than multiple complaints. This would enable them to process and evaluate the complaint faster for everybody’s benefit. Other factors that you may also consider include:
  • Possible parties that may also be responsible for the accident
  • The extent of injuries and expenses each complainant has suffered
  • Additional evidences against the responsible party
  • Hiring a lawyer who specializes in personal injury class action lawsuits
Whether your injuries were caused by a defective product or a personal injury accident, you have the right to recover your monetary damages. And because you are not alone in your endeavor, you should file a product liability or personal injury class action lawsuit in order for you to receive the compensation payments you all deserve.



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.

Friday, May 14, 2010

Common Accidents along Los Angeles Freeway

Los Angeles is one of the busiest districts in California as many people go there to relax and to work. With this crowd, accidents are almost always certain to happen as a single act of negligence can trigger a series of catastrophe.

Freeways in Los Angeles often witness vehicular accidents that victimizes just about anyone including cautious drivers who just happen to be at the wrong place at the wrong time.

These accidents have claimed many lives including children and passengers who are defenseless to such mishaps caused by negligent drivers.

These reckless drivers often cause:
  • Head-on collision. This happens when a driver from the other lane suddenly crosses the divider and drives directly onto the approaching vehicles. Many noted wrong way drunk drivers and those who fell asleep while driving have caused these accidents.
  • Rear-end collision. This type of collision occurs when a vehicle suddenly speeds up or fails to yield to traffic lights causing his vehicle’s front bumper hit the backside of the preceding vehicle. These accidents can inflict serious injuries especially when it involves high speed and the other vehicle is moving slow or is stationary.
  • Side collisions. Accidents in parking lots and intersections usually results to the damage of the front end of one vehicle and to the side of the other. Side collisions, also known as T-bone collision, endangers occupants more as only the side door o their vehicle are the only thing that protects them from being crushed by the other vehicle.
  • Rollover accidents. SUVs and bigger vehicles are prone to be involved in rollover accidents as they have higher center of gravity which makes them lesser stable as compared to other vehicles such as sedans.

The above accidents can cause serious injuries that would need intensive therapy and medications. A person involved in any of the above accidents can suffer from:
  • Head and brain injuries. The impact of the head to the steering wheel or to any hard surface can result to damages to the brain. Brain damage may leave a person with permanent disability, memory losses, and other neurological problems.
  • Paralysis. This condition usually results from spinal cord injury because of the impact or when the person was thrown from the vehicle and damaged his spine.
  • Amputation. In serious crashes, a person’s limb may be trapped or badly crushed and so rescuers and medical professionals won’t have any other choice but to cut off the affected area.
  • Blindness and eye damage. Pieces of broken class and mirrors can get into one’s eye which may damage his eyes. Some of the victims undergo operations to regain their sight but there are those who suffer from permanent damages and even blindness.

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.

Wednesday, May 12, 2010

Best Tips to Prevent Swimming Pool Injuries and Accidents

Swimming is one of the most loved hobbies especially during hot seasons. Every summer, many families and groups of teenagers go to resorts, waterparks and beaches to escape the heat and have a good time. However, one thing that frightens everyone in this kind of season is for them to acquire swimming pool injuries.

Swimming pool accidents happen because of a variety of reasons. If you are planning to go to a resort or waterpark, consider these tips in order for you to avoid having swimming pool injuries:

  • Diseases from the swimming pool – Bacteria is more active during warm weather. Because of this, be sure that the water in the swimming pool is clean and was treated carefully to prevent acquiring diseases from it. To lessen any diseases or skin infections from spreading, make sure no one in the pool has an open wound or is discharging body fluids due to sneezing or coughing.
  • Chemical exposure – The amount of chlorine and other chemicals should be carefully regulated in proportion to the amount of water.
  • Injuries caused by electrical shock – Water and chlorine are two good conductors. Because of this, make sure the pool is not near any sources of electricity. Electric shock may cause mild to severe brain damage.
  • Problems with food – In most cases, food going to the swimming pool cannot be prevented. If this happens, make sure no one would eat the food to prevent possible poisoning due to the mixture of certain chemicals.
  • Sunburn – Sunblock lotion is a popular way to prevent getting sunburns. However, because sunblock also has chemicals, be sure to apply just the right amount.
  • Dangers of pool toys – Toys such as basketball hoofs, water guns, etc. provide entertainment to everyone. Just make sure that the toys that will be used are specifically for swimming pool activities.
  • Injuries caused by inflatable swimming pools – If you choose to take the children at your backyard and inflate a small swimming pool, it would save you hundreds of dollars. However, small swimming pools may not be durable and balanced enough to support a certain number of children.

Preventing swimming pool injuries is a difficult task if you are the only one aiming to achieve it. To lessen the burden, share to others what you have learned so suffering swimming pool injuries would not anymore be something to be frightened of. Once you have study and practice these reminders, spending your time at the resort or in a swimming pool would be much more fun.

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.
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Los Angeles Lawyers - Mesriani Law Group

Mesriani Law Group is composed of a team of expert lawyers and experienced litigators based in Los Angeles and specializing in four major areas of law: personal injury, employment and labor law, social security and disability, and business and corporate law.

With more than 15 years of experience, the firm offers an innovative way of providing legal service by combining its unique business structure with cutting-edge technology, thereby giving its clients a fast, efficient and reliable service.

Over the years, it has built its reputation as one of the leading law firms in Southern California, which has represented thousands of clients in various state and federal courts and obtained millions of dollars in claims.

Expert lawyers of the Mesriani Law Group have represented clients in personal injury cases involving car and vehicle accidents, slip and fall cases, dog bite incidents, among other; employment and labor cases that deal with discrimination and harassment, wage and hour law issues, meal and rest break cases, and wrongful termination; social security and disability issues that deal with SSDI and SSI benefits and disability claims; and business and corporate matters involving the drafting and formulation of employment manuals, business contracts, trademark and copyright issues, and employment policies, among others.

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.