Common Legal Concepts Used in Los Angeles Theme Park Accidents

Theme park rides in Los Angeles and California in general are relatively safe and the accidents that happen are very far in between.

But make no mistake, theme park accidents do happen and if you happen to be one of the unlucky ones who gets injured then you would need the best help to be able to recover damages from the liable party.

That is where a Los Angeles theme park accident attorney comes in.

An expert LA theme park accident can help you:

• Find who the liable party/parties that caused the accident
• File a personal injury claim with the liable party’s insurance provider
• Represent you if you need to file a personal injury lawsuit
• Make sure that the amount you receive is correct.

But the most important reason that you need an LA theme park accident is their knowledge of laws that can be applied in your case.

The legal concepts that are most commonly used in theme park accidents are:

Premises Liability

The most common liable party in theme park accidents is the theme park owner.
Since the victims in theme park accidents are normally customers and patrons they are considered “invitees.”

Invitees are defined as visitors that are in the premises of the property for the benefit of the owner.

Under the premises liability law, the property owner owes invitees the highest level of care.

So if you are injured as a customer, it will be easier for you to prove the liability of the property owner because even with the absence of negligence you can still make a claim.

Vicarious Liability

Another clause that can be used against property owners is the vicarious liability clause between the employer and the employee.

Under the law, an employer can be held liable for any negligent actions committed by an employee that resulted in injury.

So for any error by the ride operators or the maintenance crew, the theme park owner will also be civilly liable.

Product Liability

If the cause of the theme park accident is a defective ride, then you may also make a claim against the ride manufacturer.

The strict liability clause is usually used in this kind of cases because it is difficult to prove that there was negligence during the production of the theme park ride.

In strict liability, instead of proving negligence on the part of the manufacturer, what you need to prove is that:

• The theme park ride has a dangerous defect
• You sustained an injury due to the dangerous defect
• You sustained damages due to the injury.

For more information, consult a 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.

Long Term Disability Benefits: An Overview

Long Term Disability benefits or LTD is just one of the numerous disability benefits that are available today. LTD is a kind of disability benefit that is often purchased by an employer for his employees. The employer pays for the monthly premiums of the policy while the insurance company handles compensation in case an employee gets disabled at work. Unlike STD or Short Term Disability benefits, LTD lasts for up to five years, or until you become 65 years old.

If you are interested in applying for Long Term Disability benefits in Los Angeles, here are some things you need to consider:

Occupation

Many insurance companies evaluate disability based on the type of work they can and cannot perform. There are two main types of occupation period, showing the severity of an individual’s disability:

• Own occupation period – This means that the disability or illness of the person incapacitates him to perform his previous work for 24 months.

• Any occupation period – In this situation, the individual cannot perform any gainful activity for 24 months because of his disability.

Obtaining Benefits

Before you obtain LTD, make sure you have exhausted the worker’s compensation of your company. Also, you should be continuously disabled for at least 180 days. The employee would receive approximately 60 percent of his annual earnings before he got disabled.

Benefit Period

As long as an individual is disabled he would continue to obtain disability benefits. If the individual was under 60 years old when he received benefits, he would continue to receive LTD until he reaches 65 or he retires. If he began obtaining benefits when he was 60 years old or older, he would obtain benefits for five years or before he retires.

Individual Long Term Disability Benefits

Aside from LTD offered by employers, disabled people can also get their individual LTD policies. They would be the one to pay the monthly premiums and receive the benefits in case they get disabled.

Legal Help

In order to be successful in becoming eligible for benefits, you will need a disability lawyer to gather and document evidence of your condition.

Acquiring disability is a difficult situation for any individual. It would slowly take away your job, activities, and even your pleasures in life. Good thing there are various disability benefits that you can obtain. You just need to have someone to support you. Once you begin receiving benefits, you would eventually regain your losses and recover from your disability.



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

Applying for Disability Benefits? Find a Law Firm Now

Unlike company and private disability benefits, disability compensation provided by the Social Security Administration (SSA) is much more difficult to avail. You will need patience and determination to become an eligible recipient of these benefits. But it does not end with that, you will also need to have someone to help you on your application. In Los Angeles, law firms specialize in several areas of law, but many of them concentrate on social security disability representation.

Why do you need to have a social security disability law firm for your application? The answer is simple: if you want to have more chances of getting approved, then get one. Together with a reliable law firm, here are some of the things you need to do to become successful in your complaint:

• Document and prove your disability – Of course you would not be able to get disability benefits if you cannot prove that you are disabled. You can take pictures of the disabled part, or ask your physician to make you a medical certificate.

• Gather and file medical, financial, and employment records – Aside from medical records, you also need to submit files about your savings and your earnings. If you are unable to work because of the disability, you have to tell what kind of work you were doing the past.

• Submit your application to a social security local office in your location – This is the initial submission of your disability benefit application. If you are residing in Los Angeles you can submit the application form to a local office near you.

• Wait until your application is evaluated by a disability evaluator – If the local office approves your application, it would send the application to the state office. A disability evaluator would determine if your condition satisfies the requirements of the SSA.

• Provide additional documents if necessary – Make sure that all the documents you would submit are accurate and updated.

If you submit enough details about your condition, chances are you would become an eligible social security disability beneficiary. On the other hand, if your application has been turned down, do not lose hope. There are three other ways for you to obtain disability benefits:

• Hearing
• Appeals council
• Federal court

SSA’s disability benefits are indeed very difficult to obtain. It all depends on you and the law firm supporting you. If you have enough patience and determination, you would eventually become an eligible beneficiary, and all your efforts would certainly pay off.



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.

Treatment and Damages for Spinal Cord Injury

Inside the spinal columns are soft tissues that make up the spinal cord. The spinal cord, along with the brain, is essential in coordinating movement through the signal it sends all over the body. However, despite having a hard bone as defense, the spinal cord can still get injured, but it would take a great deal of trauma to the vertebrae. The trauma will more likely cause fractures and compression, which may destroy the axons, or the extension of nerve cells, and eventually damage the spinal cord.

Falls, gunshot or knife wounds, diseases that lead to bone deterioration, defective products, and vehicular accidents are the most common causes of spinal cord injuries.

Almost 12,000 people are affected by this kind of injury every year in the country, car accidents being the leading cause of it. Based on the part of the spinal cord affected, there are two types of SCI.

• Quadriplegia - An injury to the cervical spine. A person with quadriplegia has complete paralysis on the upper and lower extremities. The head and neck are also affected, thus resulting to difficulty inbreathing.

• Paraplegia – An injury to the thoracic, lumbar, and/or sacral areas. Paraplegics still have movement in their arms and hands. Parts affected in this injury are the chest, abdomen, hips and legs. The bowel, bladder and sexual functions of a person are also disrupted.

The effects of SCI, and even the injury itself, aren’t always obvious. Anyone who got into an accident, especially those mentioned above, should suspect injury right away. If possible, do an imaging of the spine in a trauma center.

Acute SCI is usually treated with the steroid drug Methylprednisolone eight hours after the injury initiated, since it helps reduce damage to the nerve cells, and inflammation. Realignment with the use of rigid brace or axial traction may also be done as soon as possible to stabilize the spine and prevent further damage.

Rehabilitation programs are also essential to SCI victims in order to regain their normal movement. The recovery process focuses on different aspects: Physical, Occupational, Vocational, and Recreational therapy. The process should not only regain the injured person’s movement, but also help him accept the possibility of living with disability and adjust his lifestyle to it.

More information about the rehabilitation process can be found at Los Angeles spinal cord injury rehab facilities or trauma centers. The injured must also be ready to face the court and ask for damages from the person responsible for the injury, since this will help him financially support the costly rehabilitation.



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.

An Employee’s Guide in Filing Sexual Harassment Charges

Sexual harassment is an ever popular issue in the workplace. Today, both male and female employees get sexually harassed by their coworkers, superiors, and even their bosses. Even without physical contact, certain actions can still be considered harassment. These human rights violations often cause people to suffer emotional distress and breakdowns.

If you are currently experiencing sexual harassment in the workplace and you want to it to stop, here are some of the factors you should consider:

• Identify the problem. You should first find out what kind of action your offenders are taking against you. Read your employment contract and determine if such actions are permissible in your company.

• Gather evidence to prove that you were indeed sexually harassed. There are two types of sexual harassment:

• Quid pro quo – This occurs when a superior offers an individual benefits in exchange for sexual pleasure.

• Hostile work environment harassment – This type of harassment happens when people continually address harassing statements and actions against an employee.

• Your offender’s actions were uninvited. You have to prove that you did not instigate your offenders to perform adverse actions against you.

• Complain to your boss about the problem. Your employer should be the first one to know about the problem. But if he is the one responsible, you can head straight to your lawyer.

• Contact a sexual harassment lawyer to help you. With the help of an attorney, you can file a complaint with an agency or a civil court.

• Report your situation to the Equal Employment Opportunity Commission (EEOC). The EEOC would investigate the circumstances of the sexual harassment and determine if the defendant is guilty of the accusation.

You can only escape from this kind of situation if you are brave enough to face your oppressors. You have to disclose every single detail you know to confirm that you really experienced sexual harassment in your company. This information may be difficult to expose especially because it contains delicate issues, but this is the only way your lawyer and the EEOC can help you.

In recent years, the number of sexual harassment charges has increased significantly, but this does not necessarily mean that the number of sexual harassment instances also increased. Maybe it is just that harassed employees are now beginning to stand up and fight for their rights as employees and as individuals. If you want to achieve the same goal, pursue your harassers and make them pay for their illegal 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.

FAQ on California Labor Laws

California is one of the employee friendliest states in the US.

It expands the protections and benefits provided by the federal labor laws to make it even more appealing for workers.

However, there is still a lot of confusion about the labor rights here in California.

So to shed more light, here are answers to some of the frequently asked questions about California Labor

Law:

What is the California Minimum Wage?

The California minimum wage is $8.00 per hour, which is higher than the national minimum wage of $7.25.

Do employers have a choice between the national and state minimum wage.

No. The general rule is that the employers should follow the rate that is more beneficial to their employees.

Since the California minimum wage is higher than the national minimum wage, then employers are to follow the $8.00 per hour rate.

Can employers pay only a percentage of the minimum wage if the employee earns in tips?

That is a “No” in California.

While federal laws allow employers to pay only a percentage if the employee can make up for the rest in tips, the state does not follow that rule.

Even if the employee earns tips, you still have to pay the whole minimum wage.

Are there exemptions to minimum wage?

Yes that includes:

• Outside salespersons
• Spouse, child, parent of employer
• Apprentices
• Learners can be paid 85% of minimum wage for firs 160 hours

How much is the overtime rate?

It is one and a half times the employee’s rate for every hour after the first 8 hours of work for both state and federal laws.

However, those who work in excess of 12 hours in a day may qualify for double the regular rate in California.

Who are exempt from overtime pay?

There are several exemptions for overtime, including:

• Executive employees
• Administrative employees
• Professional employees
• Computer professional with a rate of $41 per hour or higher
• Outside salesperson

How can you determine if employee is exempt or not?

If the employee spends more than 50% of his time in production then he is non-exempt.

If majority of his time is spent on duties that are included in the exemptions above, then he is exempt.

Are employers required to give breaks?

Yes, in California,

Under state law, employers are required to proved a 30 minute meal break if the employee has worked in excess of 5 hours.

The employee must be relieved of all work related activities as this is a non-working break.

Employers are also required to provide a 10-minute break for every four hours of work.

This break is part of the working hours of the employee so it cannot be deducted from his wage.

What are my options if I have an unfair wage claim?

You can either file an unfair wage claim with California’s Division of Labor Standards or you can choose to file an unfair wage lawsuit directly to the courts.

However, you should review your employment contract as it may have a provision that you need to go through an alternative dispute resolution (ADR) process before you can file a lawsuit.

In any case, you should consult a Los Angeles Employment Lawyer for more advice.



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

How to Calculate Lost Wages in a Car Accident

All vehicle accidents cause damage to one or more parties. These damages may be in the form of medical expenses or property damages. But sometimes, a driver or passenger’s injury may become so serious that it makes him incapacitated to go to work and perform his tasks. If this happens, the driver would not earn anything to fund his medication and other damages.

Fortunately, these losses are also included in the victim’s damages. If the victim files a personal injury complaint against the party that was responsible for the accident and he wins, he would be able to regain most of his losses, including lost earnings. However, filing dispute cases and calculating lost earnings are complicated tasks so you need a personal injury lawyer to patch these things up for you. Following is a step-by-step guide in order to recover the right amount of lost wages you deserve:

1. Identify your annual salary and divide it by 2,080. This would provide you an estimated amount of your hourly rate. With this number, you can obtain the amount of your lost earnings easier.
2. Multiply the exact number of work days missed by eight. Make sure that you missed a certain number of work days because of your injury or disability, and not anything else.
3. Get the result of step 1 and multiply it to the result of step 2.

Using these steps, you would be able to identify the exact amount of your lost earnings. Before filing a personal injury claim against the other party, consider these factors first:

• An injury should be the reason why you were not able to go to work.
• The injury should be caused by the negligence of an individual or party.
• The lost wages award is not the same as future wages award.

Once you have taken note of these things, you will have better chances of winning the lawsuit and obtaining the compensation. Severe injuries and temporary disabilities are indeed devastating for employees, especially those who are breadwinners of their families. But with the help of an attorney, you may be able to pull through using the compensatory damages you received from the responsible party.



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.