Accident Claims

What is an Accident Claim?

If you or your loved one has been involved in an accident, it may be possible to make a compensation claim for the injuries and financial losses suffered as a result. A personal injury claim will be successful if we can prove that another individual or an organisation is at least partly responsible for what happened.

Reasons you might need an expert solicitor:

• If you or a loved one have been involved in a road accident as a driver, pedestrian, passenger, cyclist or motorcyclist

• If your child has been involved in a different type of accident, such as a serious playground accident or an accident at school or nursery

• If you or a loved one have been involved in an accident at work such as falling from a height, an object has fallen on you or your limb has been caught in an unguarded or defective machine

• If you or your loved one has developed an illness or disease through their work

• If you or a loved one have been involved in a different type of accident, for example a fall in a public place

Injury compensation claims

Accident at work compensation claims :

Workplace accidents in offices, construction sites, factories & military service.

Birth injury:

Pregnancy & birth injuries caused by medical mistakes and inadequate care.

Faulty product :

From machinery, gadgets and tech to out of date food, if it’s faulty it’s not your fault.

Hospital negligence claims:

Personal injury caused by malpractice or inadequate care.

Medical negligence compensation claims:

Injuries caused by clinical negligence & lack of care in NHS & private medical institutions.

NHS negligence :

Harm and injuries caused by hospital negligence, GP negligence & dental errors.

Personal injury compensation claims:

Physical and mental from repetitive strain injury, spinal injury & brain damage to PTSD.

Road traffic accident compensation claims:

Drivers & passengers in car accidents and motor cycle accidents, cyclists & pedestrians.

Slips, trips & falls:

Minor to life-changing injuries from accidents in public spaces.

Surgical negligence:

Poor outcome and injuries as a result of surgical mistakes in all types of surgeries.

Unclaimed Assets Processes

Did you know that the government holds unclaimed assets until the rightful owners or beneficiaries reques

t them? Finding unclaimed money can be as easy as filling out some forms – digital or paper, depending on your state – from the comfort of your home. You can do a free unclaimed funds search through your state website or other government resources. 

Unclaimed funds can include cash from old accounts, property, lost paychecks, and more. You may not realize you are missing any money until you complete a search. A free unclaimed money search could mean a couple of bucks or even thousands back in your pocket. 

How You Can Have Unclaimed Money Without Knowing It

You may think it is not worth checking for unclaimed money if you are on top of your finances or have few assets to keep track of. But you might be surprised what an unclaimed assets search can turn up, such as overpaid balances or unknown inheritance. Some people even have unclaimed money from deceased relatives without knowing it.

Assets become “unclaimed” when the agency cannot find the owner. For example, checking and savings bank accounts become dormant – or inactive – after a period without transactions, like deposits and withdrawals. After a year or two of no activity, the bank can close the account and turn funds over to the government. 

Likewise, you can conduct an unclaimed property search for unpaid wages, retirement accounts, and pensions from former employers. Former employers might transfer your 401(k) to the state if you fail to transfer the money when you switch jobs. 

The most common types of unclaimed assets include the following:

• Credit balances and overpayments
• Deposits
• Dormant bank accounts
• Refunds
• Stocks, dividends, and annuities
• Taxes
• Trust distributions 
• Uncashed checks 
• Unclaimed insurance payments

Millions in IRS unclaimed money sits with the agency if it cannot deliver federal tax refunds or if taxpayers do not claim their funds. For instance, the IRS may send your refund to the wrong address if you fail to tell them you moved. 

You can lose, forget, or otherwise overlook money. System glitches can erase contact information, organizations can close, and checks go to the wrong address. Whatever the reason, you can search for your missing money in just minutes. 

Where to Search for Unclaimed Property

Each state has a government list of unclaimed assets, usually on the treasurer’s website. You may need to do an unclaimed assets search on several websites if you have lived in multiple states. Likewise, some databases are for particular asset types. 

Whatever the reason, you can search for missing money on your state’s website. You may be able to use a multi-state database for some states, but not all states have this option. Each state sets its rules on how to claim assets. 

For instance, some have a free unclaimed money search by Social Security number, while others only require your name. Almost all government sites allow you to search free of charge. 

Some other government agencies that have unclaimed asset databases include:

• The Department of Labor for money from employers
• The Federal Deposit Insurance Corporation for funds from failed banks
• The National Credit Union Administration for unclaimed deposits 
• The Pension Benefit Guaranty Corporation for retirement benefits
• The Security and Exchange Commission for money owed to investors
• HUD/FHA for mortgage insurance refunds
• National Association of Unclaimed Property Administrators for state databases
• Treasury Hunt for unclaimed U.S. securities and payments
• Veterans Affairs for VA life insurance
• U.S. Courts for unclaimed funds in bankruptcy cases

Generally, you do not need to pay anything to search for misplaced money. However, you may consider hiring a firm if you are looking for several thousands of dollars. For instance, you may need professional help to find money you inherited or lost from a business closure. 

Finder firms can charge 10 to 40 percent of your claimed assets. Some firms can locate your assets before the state or federal government possesses them. You may be able to avoid paying the fee by waiting a year or two and then claiming the funds on your own. Also be very careful when interacting with a finder firm to avoid fraud or scams.

About the Unclaimed Asset Process 

Most free unclaimed money search platforms are simple to use. Depending on which type of unclaimed property you are looking for, you may just need your name and some documents to prove you are the rightful owner. The claims process varies by state and agency. 

The usual steps to claim assets are as follows: 

• Go to the appropriate website, such as the unclaimed assets office for your state and federal agencies.
• Search for your assets by entering your personal information, like name and location. You may need to enter your Social Security number for some government databases.
• Submit required information. Once you identify your property, you may need to furnish a copy of your identification or other documents and information that prove you are the rightful owner. The agency may require notary services in some cases, such as for more than $1,000. 
• Wait for claim processing, which can take around 30 to 90 days.
• Receive your payment. Most agencies mail a check for the amount of your funds.

The claims process may be different in your state. Likewise, who you are in relation to the funds can affect which information to submit. For example, you may have more paperwork or steps if you are the successor or any other claimant type besides the owner. 

What to Do With Unclaimed Assets

Unexpected unclaimed property can help pay for life’s many expenses. You can cover the cost of a coffee or college, depending on the amount of your recently discovered assets. Generally, you can use the cash however you want. 

Some assets may have limited options. For instance, funds from 401(k)s and IRAs may need to remain retirement funds or you risk incurring an early withdrawal tax. 

Physical assets – such as jewelry or land – may also have some conditions. If you discover you are a land owner after a distant relative deeds property to you, you may owe back taxes or have other expenses. Or, you may need to talk with other owners if you own just a fraction of an asset, such as a split inheritance with your siblings. 

You could cash out or continue to hold newly claimed stocks and bonds. The current value of these assets could be wildly different than when initially purchased. The value would be the amount sold if the organization or government liquified the investments.

Camp Lejeune Water Lawsuits

Information on Camp Lejeune Justice Act Claims for Veterans and their Families

Over the course of four decades, contaminated drinking water at North Carolina’s U.S. Marine Core Base Camp Lejeune put hundreds of thousands of people at risk for cancer and other serious illnesses. Between 1953 and 1987, two of the eight wells at Camp Lejeune were contaminated with harmful chemicals known to cause cancer and other severe illnesses. These wells supplied contaminated drinking water to children at daycare or school, to military families for drinking and bathing, to patients in the hospital, and to servicemembers and civilian workers in their place of employment. Fifteen different illnesses and medical conditions including several types of cancer, reproductive problems, birth defects, and Parkinson’s disease have been linked to Camp Lejeune water contamination.

Camp Lejeune water contamination impacted thousands of families who were dedicated to serving their country, causing undue suffering, severe illness, permanent disability, and loss. The U.S. government has been slow to bring justice to families affected by Camp Lejeune cancer. For decades, persons who lived and worked on Camp Lejeune were unaware of their exposure to toxic chemicals through Camp Lejeune water contamination. Access to medical care for Camp Lejeune water illnesses was finally granted to all Veterans for qualifying medical conditions in 2012. But through the decades, victims of Camp Lejeune water contamination were prevented by law from filing a claim against the Marines and therefore had no recourse for their suffering.

If you are already receiving medical benefits or other compensation from the V.A. for Camp Lejeune water, you still qualify for filing a claim under the Camp Lejeune Justice Act.

The Camp Lejeune Justice Act gives families harmed by Camp Lejeune water contamination the right to file a claim for the first time. Thousands of Veterans and their family members who were unknowingly exposed to benzene, industrial solvents and other harmful chemicals through Camp Lejeune drinking water can file a claim against the U.S. Government. Filing a Camp Lejeune water contamination lawsuit is the only means individuals and families have to obtain the compensation they deserve for suffering, damages, and loss related to Camp Lejeune cancer.

The Camp Lejeune Justice Act enables Veterans and their family members harmed by Camp Lejeune water contamination to seek damages by filing a claim against the Marines. If you or a loved one was harmed by Camp Lejeune water contamination, contact our firm today to learn about your legal options.

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Camp Lejeune Water Lawsuits

The Camp Lejeune Justice Act enables Veterans and family members who have suffered from Camp Lejeune water contamination to seek compensation through filing Camp Lejeune water lawsuits. Individuals who match this description are eligible for free, no-obligation case reviews with an attorney handling national Camp Lejeune water lawsuits. Lawyers handling Camp Lejeune water contamination lawsuits work on contingency, meaning you will never pay legal fees unless we win compensation for you. Read full Camp Lejeune water lawsuit information from attorneys handling claims from plaintiffs nationwide.

Making a compensation claim for an accident at work

How dangerous is your job? Do you take your life in your hands every time you clock on, or is your job supposedly a ‘safe’ occupation? Accidents at work are one of the most common reasons for compensation claims every year, second only to road traffic accidents. No matter what industry you work in or how ‘safe’ you think your job is the truth is that accidents are unpredictable, they can happen anywhere and they happen to ordinary people every day.

A safe working environment

It’s the duty of your employer to ensure that your working environment is as safe as it can possibly be. Although people regard Health and Safety legislation as intrusive and sometimes overbearing, it is there to ensure that your employer maintains his or her duty of care towards your well being and safety while you’re at work.

Negligence

While nobody can ever predict when an accident will happen, many of them are entirely preventable and are the result of negligence. If your employer fails in their duty of care and you are injured at work, you may be able to claim compensation.
For this to be the case, you’ll need to show:
• You were an employee
• Your employer breached their duty of care
• This breach caused your injury

This will indicate that a lack of care or negligence by your employer is directly responsible for the accident. If that’s the case, then it’s time to talk to professional Lawyers. Experienced legal professionals can give you the expert advice you need, no win, no fee solicitors will fight hard to secure you the compensation you deserve.

What should you do?

If you have had an accident at work, whether you work in construction or are a 9-5 office worker, you may have the right to claim compensation. Workers often feel that putting in a claim against their employer can jeopardise their job security, but the truth is that the vast majority of employers are more than willing to ensure you get the compensation you deserve.

Accident at work compensation

A compensation claim can provide you with the money you need to get back on your feet or pay for long-term care and rehabilitation. It also means that you can stop worrying about financial problems and focus on recovering from your illness or injury. It can also highlight a problem in the workplace or in your employer’s procedures that needs to be addressed to prevent others from suffering a similar injury.

Employment Discrimination

To be discriminated against in the workplace would be a distressing experience that nobody would want to live through. Discrimination in the workplace is protected against by both California and federal law which makes it illegal for the employer to treat their employees with prejudice based on their race, skin color, age, gender and gender preference, religion, disability, and other personal characteristics that are protected by law.

Those who are unfortunate enough to be victims of workplace discrimination may find comfort and justice with the help of an employment discrimination lawyer at Mesriani Law Group. We will help ensure that you have the highest chances of receiving the maximum compensation for your lost pay and benefits, pain and suffering, and other damages.

Do I Need an Employment Discrimination Lawyer?

Employment discrimination doesn’t always happen as visibly and clearly as one might have thought, which makes it difficult for the victim to determine if his or her rights were violated. This is typically why an individual needs an employment discrimination lawyer, to help identify and build a workplace discrimination lawsuit. Experiencing discrimination is emotionally and mentally draining and may result in actions that could lead to the employee’s forced resignation leaving the employee helpless and poorly compensated.

Seeking counsel and hiring an experienced and well-versed employment discrimination lawyer would guarantee a thorough assessment of your situation determining which unlawful acts committed by your employer is punishable by law and can lead to a lawsuit.

Types of Discrimination in the Workplace

As much as you want to have a stress-free work environment there would be an undeniable possibility of an unfortunate circumstance that you could experience unlawful discrimination at work. Below are the following types of discrimination in the workplace which includes:

• Disability Discrimination is the prejudiced treatment against an employee or applicant because of his/her physical and mental disability or record of an impairment that limits one or more of the major life activities.
• Age Discrimination is the ageism treatment from an employer of the employee or applicant aged over 40 years.
• Gender Discrimination is the stereotype treatment against an employee or applicant because of their gender or gender identity and based on the gendered assumptions on what women cannot do that men can and vice-versa.
• Sexual Orientation Discrimination is the narrow-mindedness view regarding the sexual orientation or preference of the employee or applicant which leads to biased decisions for promotion, incentives, and treatment.
• Pregnancy Discrimination is the unfair treatment toward expecting or new mothers to avoid fulfilling their obligation to provide the right to leave and accommodations for breastfeeding and other related needs.
• Racial Discrimination is the unfair preference of the employer against the employee or applicant’s race, skin color, physical racial attributes, ancestry, or national origin.
• Religious Discrimination is the vile bigotry towards one’s religious beliefs, practices, and preferences such as religious clothing, observance, holidays, and the like which often leads to arguments and harassment at the workplace.
• Marital Status Discrimination is the prejudiced treatment towards the marital status or perceived marital status: whether married, single, engaged, in a same sex relationship, widowed, divorced, and so on of an applicant or employee.

What Qualifies as Employment Discrimination?

To recognize and determine that your employer’s actions are considered workplace discrimination, you should be aware and have a clear understanding of the certain incidents, behaviors, and conduct that qualify as discrimination. Identifying discrimination will enable you to take immediate action on the next legal step. Below are the following actions or behaviors that qualify as employment discrimination:

• Moving forward with a less qualified applicant for hiring while passing over an individual due to prejudice against a protected class
• Leaving out people under-protected class during the recruitment
• Unfair treatment towards pregnant employees and applicants
• Holding off on promotions, salary raises, and other benefits for certain employees under the protected class
• Unequal treatment and biased accommodation to employees who filed for medical leave, disability leave, or retirement leave who are under the protected class
• Depriving reasonable accommodations to employees with disabilities
• Being unfairly biased in imposing stricter and unattainable rules and requirements to employees in a protected class
• Forcing an employee to resign for reasons based on discrimination

These are a few examples of actions that qualify as employment discrimination. It is important to remember that discrimination refers to any form of unfair treatment of one person from another, regardless of position or status within the company. Employment and workplace discrimination can be committed by coworkers, independent contractors, clients, and leadership. If you are hesitant whether your actions at work can be considered unlawful or if it qualifies as employment discrimination, you could always call and consult with an employment discrimination attorney.

Understanding Favoritism or Preferential Treatment in the Workplace

Favoritism or preferential treatment happens when one person is treated much better than others by leadership. This is a certain occurrence that we all experience at some point, which often happens in the workplace. Having a favorite or preference is not necessarily bad, and we all have the freedom to do so. An example would be preferring to hire a relative or a friend to fulfill the job vacancy. While this action is not illegal by itself, it may be bad for optics if someone extremely unqualified is hired to fill the role when there are more qualified applicants. However, if there were applicants that were far more qualified and part of a protected class, then the argument could be made that discrimination played a factor in the decision-making. This is why employment discrimination cases can be complex and may even be overlooked as a potential claim. 

When Preferential Treatment Becomes Illegal

An example of preferential treatment would be when an employer gives a specific employee more incentives and leeway than the others even though that employee is not performing well enough to deserve such rewards. This may seem unfair, but it would otherwise be acceptable for the employer as no employment laws are being broken. Correspondingly if the employer treats an employee differently because of their age, gender, nationality, religion, skin color, or any other protected class, then the preferential treatment becomes employment discrimination and is considered unlawful.

What Laws Protect Against Employment Discrimination

There are several state and federal laws enforced by the EEOC (Equal Employment Opportunity Commission) that protect every employee from employment discrimination, below are some examples:

• Title VII of the Civil Rights Act of 1964 – Protects employees and applicants from discrimination based on racial type, skin color, religious belief, gender, and national origin. Title VII covers and protects the assessments on recruitment, candidate selections, terminations, and other decisions concerning requisites of employment.
• Equal Pay Act of 1963 – Protects male and female employees from gender-based discrimination in the matter of the payment of wages and benefits. This applies to employees who are in the same company or employment and perform jobs of equal skills, labor, and responsibility under similar working conditions.
• Age Discrimination in Employment Act of 1967 – Protects employees or applicants who are 40 years of age or older from age-based employment discrimination.
• Rehabilitation Act of 1973 – Protects qualified employees and applicants with disabilities from discrimination. This requires the employers to make reasonable accommodations to their employee’s needs related to their disabilities.
• California Fair Employment and Housing Act – State law that protects California employees against employment discrimination based on the protected class and retaliation against anyone for opposing any activities prohibited by FEHA or for submitting a complaint, giving a testimony, or assisting in activities under the FEHA.

How Do You File an Employment Discrimination Complaint in California?

In California, employment discrimination complaints fall under the jurisdiction of two agencies: DFEH – Department of Fair Employment and Housing and EEOC – Equal Employment Opportunity Commission. These agencies have a work-sharing agreement signifying that they collaborate, as long as you indicate a cross-file, to investigate and process claims for employment discrimination.

The DFEH handles claims against employers with under 15 employees, while the EEOC handles claims against employers with more than 15 employees and falls under the umbrella of federal law.

Victims of employment discrimination are usually obliged to use all administrative remedies first through DFEH or EEOC before they can file a lawsuit. You can request an immediate right to sue notice, but your claim will not be investigated by either the DFEH or EEOC which is only advisable if you have an attorney. Your employment discrimination attorney can secure a right to sue notice and file your case in California courts and in the state where the violation occurred. Upon filing the lawsuit, a complaint will be served upon your employer as a defendant, after which the employer’s formal response to the allegations will lead the case to proceed through litigation.  

What is the EEOC?

The EEOC or the Equal Employment Opportunity Commission is a federal governed agency created by the Civil Rights Act of 1964 (Title VII) whose main purpose is to clarify and enforce federal laws criminalizing employment discrimination. Some of the federal laws that criminalize employment discrimination that the eeoc.gov. administers are:

• Title VII of the Civil Rights Act of 1964
• Pregnancy Discrimination Act
• Equal Pay Act
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Genetic Information Nondiscrimination Act (GINA)

Building a Workplace Discrimination Case Against Your Employer

Providing essential and valid proof that the workplace discrimination that took place requires that you gather as much evidence as you can. This includes concrete examples that specific people are receiving incentives and perks, access to training, and promotion of a higher role and salary, which were not granted to you on the grounds that you belong to a protected class. Preferential treatment may be a factor in choosing who gets these benefits, but whether or not it is an unlawful action depends on if they based their decisions on prejudices against a protected class.

In building a workplace discrimination case against your employer, consider the following situations in gathering concrete proof:

• The management and/or supervisor typically overlook employees with certain attributes which are under the protected class such as gender, age, and race when deciding on the approval and distribution of bonuses and/or promotions.
• The people who got promoted or given additional perks have a questionable job performance record.
• The management and/or employer has a track record of sexual harassment and/or discrimination in the workplace and was not legally dealt with.
• The management instantly made a judgement against a certain employee who happen to be in a protected class, even without hearing their explanation or reason.
• The management became stricter and biased with your promotion and workload after you have reported an illegal activity or participated in an investigation against them.

How You Can Prove Employment Discrimination?

An employee who’s been a victim of employment discrimination may find it hard to prove that they are discriminated against because of the evidence that they need to provide. It is extremely unlikely that the employer would openly admit that they have committed any unlawful acts so employees are given the chance to prove an employment discrimination case with 2 types of evidence:

1. Direct Evidence: These include statements by managers or supervisors that directly show the biased treatment against you and your protected class status.
2. Indirect Evidence: These are the circumstances, scenarios, and actions that infer that there was discrimination against you and your protected class. While there might not be an explicit statement made that shows prejudice, the actions of leadership can highlight discrimination. This can often be proven when an action was taken under motives that later proved to be false or made no sense.

What qualifies as employment discrimination

Employment discrimination can be described as any unfair treatment that is prompted by prejudice against a protected class. These protected classes include age, race, ethnicity, nation of origin, religion, disability, pregnancy, sex, gender, sexual orientation, and family status.

Examples of employment discrimination

Examples of employment discrimination include not getting hired or promoted, dealing with harassment or inappropriate behavior, being fired, and being denied benefits. If each of these actions were done to unfairly impact a protected class in a negative manner, it would be a potential employment discrimination claim.

Types of employment discrimination?

The 4 types of employment discrimination are direct discrimination, indirect discrimination, harassment, and retaliation. Direct discrimination is intentionally directed at an individual while indirect implies an environment that (un)intentionally places a protected class at a disadvantage. Harassment is classified as unwelcome activity towards an individual that results in a hostile work environment and retaliation is the result of an individual facing consequences for actions like reporting discrimination or Harassment.