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.

Traffic violations that triggers vehicle accidents in LA

Sipping that last droplet of beer while driving your SUV can cause a split-second collision. The next thing you’ll see is the white-painted hospital ceiling.

Driving under Influence (DUI) is the leading cause of vehicular accident in Los Angeles.
According to National Highway Traffic Safety Administration, it ranks top among traffic violations.

DUI related accidents can cause the following injuries:

1. Traumatic brain injury
2. Spinal cord injury
3. Arm or leg amputation
4. Paralysis
5. Collapsed lung
6. Internal organ damage
7. Internal hemorrhage
8. Head trauma
9. Broken/ fractured bone

These injuries often require series of surgery and medication. Bone injuries will need at least a year to heal after physical therapy and surgery. Payment for such medical procedures can be expensive.

You can seek sources of recovery to pay for medical expenses and other losses. One way is to file a Personal Injury lawsuit. It allows you to prove the fault of the driver or party who caused a negligent act, resulting to accident and your injuries.

You may use the theory of negligence in asserting your case.

Examples of negligent acts include traffic violations such as:

1. Driving Under Influence (DUI)
2. Texting or using cell phone while driving
3. Running on red light
4. Failure to give signal when making a turn
5. Other forms of impaired driving

How the prove the negligent act:

• Establish that the defendant has a duty of care over you. It means that the driver has the responsibility to exercise safety precautions and abide with traffic laws to avoid accident and ensure your safety and welfare.

• Failure to fulfill such duty of care. The driver fails to abide with traffic rules that he/she is aware of. Exceeding a speed limit where a warning post indicates the required speed level constitutes a liability.

• Establish the causes of accident. State the causation of events. Indicate that the negligent act/s triggers the accident.

• Prove that the accident has resulted to your injuries. Present copy of police report and medical records to prove that the accident has caused your injuries.

You may need the following types of evidence to substantiate your case:

1. Photos from the accident scene
2. Witness statements
3. Expert witness opinion
4. Documents pertinent to the accident

You will have to assert that the driver’s action has a tremendous hazardous effect that caused the accident, resulting to your injuries.

Consult with a Los Angeles personal injury lawyer to help you with your vehicle accident 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.

Basic California employee rights and legal measures

California employees enjoy labor rights as provided by law. Similarly, under these laws employers are mandated to provide employees with equal employment opportunity, and a workplace free from discrimination and hazard.

Here is a list of basic employee rights in California:

• Employees have the right to be protected against acts discrimination on the basis of national origin, ethnicity, race, language, age, gender, marital status, religion, genetic information, or disability.

• Employees have the right to be protected against harassment.

• Employees are entitled to equal pay for equal work. Workers can assert fair compensation for hours rendered and contest discrepancy for unequal wage treatment on the basis of gender or disability. Employers must exercise fair treatment among employees, rendering equal work duties.

• Non-exempt employees are entitled to overtime pay. Employers must pay workers 1.5 times the usual rate for hours rendered beyond eight. Employees are entitled to receive double pay for working beyond 12 hours.

If the worker has to report on the 7th day, the employer must give 1.5 times the usual rate for the first eight hours rendered. A double pay must be given, for hours worked beyond eight. Employees are entitled to receive 1.5 times the usual rate for hours worked beyond 40 in a week.

•  Employees have the right to a workplace free from hazards. Employers have the responsibility to inspect and correct cases of toxic chemicals, dangerous areas or facilities. Employees can report hazardous fumes or activities in the workplace to Occupational Safety and Health Administration (OSHA).

• Employees are also entitled to paid and unpaid leave benefits, including family and medical leave to care for a sick family member or fulfill jury duty.

If your employer refuses to provide your rights, you can follow these steps:

1. Document conversations and potential evidence. Keep a journal of the unfair treatment you have had experienced. It includes internal office communications and internet messaging. If your employer refuses to give overtime pay, collect all your pay check or stubs; and obtain a copy of your time cards.
2. Try to get witnesses. If you have co-workers who witnessed an unfair treatment or misconduct towards you, request them to write the details in paper and have it signed.
3. Talk to the management and seek an Alternative Dispute Resolution (ADR) first. Try to resolve the conflict or re-assert your rights, facing the key administrators who have the power to grant or deny your demands.

If the management or your employer fails to cooperate in the negotiation process, you may file a lawsuit.

Consult with an Los Angeles Employment Lawyer to help you go through the process of litigation.


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.

Orange County wrongful death

The old cliché states that death is inevitable, which probably explains why people keep in mind their safety wherever they go or whatever they do. While this may be true, the chance that the reason behind the death of someone is another person, particularly his negligence or disregard for safety, may be unacceptable to the survivors of the deceased.

Being negligent may result to accidents, which in turn can cause the wrongful death of a person. Wrongful death claims can be filed by the surviving family members of the deceased, or anyone whom he is supporting financially before, against the person who is proven negligent in the accident. Damages that can be acquired from winning this lawsuit include the following:

• Medical and funeral expenses
• Loss of expected earnings between the time of the death and expected retirement or death;
• Loss of benefits like pension plans and medical coverage
• Loss of inheritance
• Mental anguish or pain and suffering of the survivors
• Loss of care, protection, nurturing, and companionship
• Punitive damages

The judge or jury considers the deceased person’s earning history, health, and character when deciding on the amount of compensation. Earning history can influence the probable future earnings of the person, which in turn influences the amount of compensation. However, the amount of future earnings will be reduced to its present value, or the amount the deceased would have earned over a specific period of time if he were alive.

Character, meanwhile, is considered because it can determine the attitude of the deceased towards his money. Did he handle his earnings well when he was alive or did he squandered and gambled it all? Often, damages for frugal victims are higher compared to victims who were frequent gamblers when they were still alive.

Monetary value of the emotional satisfaction or services provided by the deceased when they were still alive also needs to be determined. If a mother was killed wrongfully, her family is entitled to recover the costs of her many services like child care, cooking, laundry, house cleaning, etc. Calculating damages is very complicated, thus experts are often brought to the court to give opinion on the proper amount of damages.

Attorneys are also necessary in wrongful death cases. Orange County Personal Injury Attorney can be reached through the local bar association or even through the web. It is important to find one who can guide you through the process of litigation and represent you well in court in order to have a standing chance of winning the claim and recover 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.