The Obligations of a Plaintiff in Personal Injury Case

When a person is hurt or injured, it’s only reasonable for him to take actions to lessen the effects of the injury, or possibly fix any damages that may have resulted from an accident. It is applicable even if the accident was caused by another person. It is also reasonable for the injured person to demand monetary compensation or damages for the inconvenience caused by the negligent party.

However, there are ways that a defendant in a personal injury case can do to reduce the amount of damages that the plaintiff can recover.

As earlier mentioned, the plaintiff or injured party in a personal injury case has an obligation to reduce injury or damages, and failure to do so may lead to denial of his right to recover part of the damages that could have been avoided, or what is called in personal injury or auto accident law as the rule of “mitigation of damages.” Selecting a doctor and treatment, and seeking alternative employment if necessary, must be done in good faith, and with due diligence and reasonable judgment.

The Plaintiff’s Obligations

• Surgery – There may be injuries that need to have surgery, especially if recommended by the doctor. While the injured can choose not to have it, he however cannot recover damages for the consequences that could have been avoided or lessened with the help of surgery, when a reasonable person would have done so otherwise.

• Seeking medical attention – A reasonable, injured person has to seek a doctor or medical treatment immediately, even if the injury does not seem serious. Postponing medical attention may contribute to injury, which can result to denial of damages for this.

• Medical treatment and advice – Doctors usually recommend treatment or give advice to their injured patient. The patient has to abide by the treatment or advice; otherwise the injury may persist or get worse.

• Alternative treatment – There is nothing wrong with seeking alternative treatment for injury. However, opting for it and disregarding prompt medical treatment is considered unreasonable, and may lead to reduction of damages.

• Seeking employment – An injury can be a hindrance to a person’s ability to perform functions that are needed for his job. But if a job in other areas that do not require too much is available, it may be wise to take it instead of sitting by doing nothing. Not working, or showing no effort of being employed, also has an effect on the awarding 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.

Legal options if you committed Texting while driving violation in California

Imagine this. While to try to get hold of your cellphone, you hear the sound "bang" and see blood rushing down from your hands, you lose consciousness and the next thing you'll know, you are lying in a hospital bed.

Car accident caused by texting or using cellphone while driving can lead to catastrophic injuries, or worse even death.

If the accident injuries are serious, the medical treatment can take series of surgeries and medication. If you caused the accident, you will have a hard time asserting compensation for your injuries. The car driver may contest in court that you have contributed a negligent act that caused the accident, leading to your own injuries.

One way to receive compensation is through your own vehicle's insurance policy or through the other party's insurance company.

Consult with a Personal Injury lawyer to help you prepare the insurance claim and weigh legal options carefully. Submit an accident report to your insurance company and have your insurer discuss percentage of liability with the other insurance company.

If the other insurance company offers you sufficient settlement amount for your medical expenses, property loss, and loss income, you may receive the money and sign a document, waiving your right to pursue further legal action.

If the settlement amount offered is not sufficient to cover your losses, you may pursue the matter in court.

Your Personal Injury lawyer may ask experts to help in reconstructing the accident scene.

Forensic engineers and road design consultants may analyze factors such as defective tire, SUV design defect, curve, and defective barrier.

Your lawyer will try to come up with other possible causes in the SUV- car accident. These are:

1. Design defect in SUV that hindered full stop on time.
2. The car driver has committed Driving under Influence (DUI) violation
3. The road has curve design and worn out median barrier that contributed to the cause of accident

Expect that the other party will use your Texting while driving violation as legal defense for the case.

The court will use contributory or comparative negligence theory to assess and evaluate the percentage of fault of each party.

Contributory negligence theory

The court will determine if you commit more than 50 percent of fault in the accident.

If a driving while texting violation caused more than 50 % of fault, you will not be able to receive any damages.

Comparative negligence theory

The court will award damages according to the percentage of fault of each party.

Consult with a Los Angeles personal injury lawyer to help you file the 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.

How police officers conduct an Auto Accident Investigation

When an auto accident occurs on the road, police officers are usually seen first at the scene to conduct an investigation.

Police officers immediately conducts an inquiry on the accident, and secure important information such as parties involved, probable cause of the accident, witnesses available, and information on the site.

Police officers will try to determine who violated traffic laws and cites charges to involved motorists. Police authorities may require the involved or crashed vehicles to be impounded. Involved parties are required to exchange contact information for a potential insurance claim or lawsuit.

If one of the drivers violated a clear traffic violation such as driving under influence (DUI), the police can warrant an arrest.

In Los Angeles, police officers can investigate the following issues:

1.  Speed rate of driver/s involved
2. Blood Alcohol Content of driver/s
3. Road design and location of accident
4. Possibility of impaired driving

The investigator can further inquire on the following issues:

1. Point of impact
2. Skid marks
3. Gouge marks
4. Final resting position

These accident aspects can be measured or determined by using electronic surveying equipment. Investigators can use digital scale diagram to reconstruct the accident.

These equipments are used to measure vehicle damage. Forensic engineers can also help in reconstructing the accident. Tires, suspension, brake, steering, and lights can be inspected and analyzed to figure out the exact cause and secondary cause of accident.

If you are involved in an auto accident, and the police investigation report shows that you are liable in the crash, you will face legal consequences. One of these is an insurance claim from the plaintiff. You can ask your insurer to cover the medical expenses and losses of the injured party.

Should the injured party want to pursue the matter in court; you will face a Personal Injury lawsuit. You may hire a professional defense lawyer in Los Angeles to help you clarify the percentage of your fault in the accident.

Your defense lawyer may ask a re-investigation of the accident and hire experts to look at secondary causes of accident. If the investigation and analysis report shows that the plaintiff has contributed to the cause of accident, you may have a legal defense in the form of comparative or contributory negligence.

This will allow you to pay a percentage of your fault only. This will lessen the penalties you might face in court.

Your defense lawyer can also offer a negotiation to settle the matter amicably with the injured party. Your insurer can also help you with auto accident settlement.


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.

Legal exceptions for at-will employees with Implied and Oral Contracts

Employees who have no formal or written contract are often referred to as at-will employees. At will employees are hired at the consideration of the employer. At will employees can be fired anytime, except for illegal reasons.

At will employees and employers have verbal agreement as a contract, defining relevant work issues. The oral or implied contract includes the company’s important employment issues such as:

1. Job responsibilities
2. Work schedule
3. Meal/rest Break
4. Overtime policy
5. Wage rate or salary
6. Company conditions

At-will employees have limited rights and can be fired even without a good cause. Because at-will employees are exposed to unfair labor practices, the government has stipulated anti-discrimination and harassment laws.
Civil Rights Act Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, and Rehabilitation Act are federal and state laws that prohibits unfair labor practices, discrimination, harassment, and retaliation. It provides protection against employer misconduct even for at will employees.

Sometimes the employer will provide a written contract, yet still with at-will employment terms. It states the conditions of the employment relationship. It may include the employee's work schedule, salary, responsibilities, and duration of employment. It may provide employees with certain benefits like clothing or transportation allowance.

The employer may include a provision for confidentiality agreement or non-compete agreement.

Confidentiality agreement prohibits the employee from disclosing trade secrets during or after the employment relationship. Non-compete agreement prohibits the employee from working for a competitor within a given time period. The employer must provide additional compensation to the employee in exchange for such conditions.

Such contract includes a clause, stating that the employee can be fired anytime, except for illegal reasons.

Illegal reasons mean the discrimination/harassment/retaliation acts prohibited by the above employment laws. Employers may fire you for poor performance, but not due to discrimination-related issues like race, ethnicity, age, gender, religion, or disability.

Implied and oral contracts are still honored as a valid basis for employment relationship.

Though implied and oral contracts can be used as legal basis in litigation, it is difficult to establish its credibility.

If you are an at-will employee and you were fired on the basis of your skin color, impairment, or gender; you can file a discrimination complaint. You will have to establish first that a verbal employment agreement has occurred. Then, present evidence of the employer’s misconduct or violation. You can also use witness statements to substantiate your case.

You will need the help of a professional Los Angeles Employment Lawyer to help you win your case.

  
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.

A Driver’s Guide to Prevent Freeway Collisions in LA

Los Angeles is home to some of the most dangerous freeways and intersections across the country. Actually, these dangers are not caused by the conditions of these roads, but the motorists using them. Because of the stubbornness of some drivers, a lot more people get involved in accidents and freeway chain collisions.

If you live in Los Angeles and you do not want to be included in a freeway chain collision, here are a few factors you need to remember:

• Never use the cell phone when driving – Using your mobile phone while driving would only distract you from what you are doing.

• Beware of debris or small rocks on the freeway – There are several freeways, especially those near mountain slopes, that often accumulate small rocks and pebbles which may become dangerous for motorcycles and speeding cars.

• Minimize unnecessary lane changes – Do not just switch lanes any time you wish to do so. Some drivers get irritated by such actions. You would not want to be the cause of a road rage, would you?

• Take rests after driving for more than two hours – Fatigue is one of the common enemies of drivers, especially truck drivers.

• Avoid tailgating – Tailgating or driving too close to a vehicle in front may cause rear accidents or even chain collisions.

• Do not drink and drive – Driving under the influence is one of the most common causes of death in the US today. If you want to live longer, do not even try to drive while you are intoxicated.

• Be prepared – It is very important for a driver to have a clear mind when driving. This makes him capable of making quick decisions to keep him from accidents.

Compared to single or two-vehicle accidents, chain accidents are much easier to avoid. The driver should just scan ahead and be aware of his surroundings on the freeway. However, if a motorist cannot avoid it, a free chain collision might cost him twice the damages. Aside from property damages, the driver will also need to seek medical assistance in case he gets injured. It will certainly be a mess.

It takes time for a driver to understand the reminders and factors given above. According to a research, a large number of drivers only begin to drive carefully after getting involved in an accident. But if you are a wise driver, you would not wait for that to happen. You just need to understand the fact that one wrong move can endanger the lives of other people and yours as well.



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 Search for the Right Attorney

Lawyers can help a person in variety of ways. Employers often acquire their help before making or signing a contract. Before being a representative in court for their clients, lawyers or attorneys may also be hired as legal counsel. But a person can’t hire just any attorney. There are a lot of things that must be considered in choosing the attorney who can best represent someone.

Where not to look for an attorney

The perfect attorney not to hire must also be considered. The lawyers you see on television and phonebook ads may not be as competent as you think they are. Advertisements tend to stretch the truth and overdramatize situations. So it’ll be better to settle for them only if you really can’t choose one from the other sources. Even if they appear on an ad, these kinds of lawyers don’t always impress the judges.

Where to look for an attorney

• References: Ask your family and friends for recommendations. Some of they may know or may have even worked with the type of an attorney you need before.

Having someone who can stand witness to the quality of an attorney is the best way to evaluate whether he is the one you’ll need for your case. Your local chamber of commerce may also be a good place to start if you need a small business lawyer.

• Search engines: Almost everyone rely on the internet nowadays. So it’s only logical for you to look for a lawyer through search engines. With the internet, you can easily locate attorneys around your area.

Other Criteria to Consider

• Specialty: Like what was mentioned earlier, one can’t hire just any lawyer. You can hire a lawyer friend, but only if he specializes in the type of case that you are dealing with. Similarly, don’t hire a business lawyer if you’re facing a personal injury lawsuit. Even if he is an attorney, he may not know the in’s and out’s of the tort law.

• Paralegal and Legal Assistants: Most attorneys don’t work by themselves. Sometimes they may require the help of assistants in order to get the job done faster. If possible, get to know these people as well, since they’ll be doing legwork for your case too.

Whether you need legal counsel or representation for personal injury, employment, or business lawsuits, the top attorneys in Southern California are always available to help you.



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.

Gaining the Advantage in an Auto Accident Lawsuit

Encountering an auto accident is not an easy problem to solve. People who have experienced such accidents often get injured, while some of them pay large amounts of compensation for the damages they have caused. Auto accidents are a commonplace in Los Angeles where almost everyone has a vehicle. If you live in L.A. and you got involved in a vehicle accident, here are some of the things you should consider:

• Seek medical attention – Make sure you are not injured before taking the following steps.

• Stay at the accident scene as much as possible – If you were not hurt, stay at the scene and keep an eye on the other driver, as well as the wrecked vehicles. Do not allow anyone to tow or check your vehicles unless they are the police.

• Call the authorities – Letting the police take charge is an essential step in order to preserve the evidence of the accident. You can also use police reports as evidence against the other party.

• Talk with the other driver and exchange personal information – While waiting for the authorities get the personal and insurance details of the other motorist. Chances are he’d ask for your personal and insurance information, too.

• Find witnesses – Locate anybody who may have witnessed the crash. Just make sure what he says will be in your favor.

Most drivers probably know this stuff already, so how would you get that edge over them? The answer is simple – you have to find the best auto accident attorney in Los Angeles. Lawyers are not just there to write and submit documents, and wait until the court releases its decision. They also help in formulating different strategies for you to gain the upper hand over the opposing party.

Some of the things that an auto accident attorney can do include:

• Gathering and evaluation of information that is essential in the case
• Recovering of public records and documents
• Contacting your insurance policy provider as well as the other party’s insurer
• Using techniques to win your case

As you can see, the one factor that really makes a difference in an auto accident lawsuit is the lawyer. With his brilliance, experience, and expertise, he would surely turn the tables in your favor. It does not matter whether you were at fault or not, as long as you have a top notch Los Angeles personal injury lawyer by your side, it would be difficult to lose.


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.