Recent Posts
  • Medical Malpractice
  • Passenger Injury in an Auto Accident
  • Court Holds Private Social Media Postings Discoverable in Personal Injury Lawsuit
  • Finding a Los Angeles Personal Injury Attorney
  • California Dog Bite Law
  • Why Retain an Attorney?
  • Welcome to our new Blog!
  • Welcome to our Los Angeles Personal Injury Blog
Categories
  • attorney (4)
  • blog (1)
  • Car Accident (3)
  • Dog Bite (1)
  • Los Angeles Personal Injury (6)
  • Personal Injury (7)
  • rising star (1)
  • superlawyer (1)
  • mesaroslawfirm.com (4)
Archives
  • 2010 (8)
    • December (1)
    • November (1)
    • October (1)
    • June (1)
    • May (2)
    • April (2)
Accidental Death
Animal Attacks
Beauty Salon Injuries
Burn Injuries
Catastophic Injuries
Construction Accidents
Car Accidents
Truck Accidents
Motorcycle Accidents
Defective/Dangerous Product Injuries
Dog Bite Injuries
Electrocution Accidents
Night Club Injury
Slip and Fall
Spinal Cord Injuries
Wrongful Death

Recent Posts in Car Accident Category

November 05, 2010
  Passenger Injury in an Auto Accident
Posted By Los Angeles Personal Injury Attorney

When people think about filing claims and collecting damages after an automobile accident, they usually just think about the drivers of the vehicles. But what about passengers and their rights? Passengers in automobile accidents can often suffer severe head, neck, and back injuries . What many people don't realize is that a passenger involved in an automobile accident can file claims against the driver of the car they were in, or the driver of the other vehicle involved in the accident. 

Rarely are passengers found negligent in an automobile accident, so when negligence is determined by insurance companies, the passenger has the ability to file a claim for damages against the negligent party. A passenger injured in an accident can file a claim and collect damages for personal injury, damages for medical bills, lost wages, pain and suffering, or damaged or lost property. 

Because a passenger's claims may be independent of, or even against the driver of the vehicle they were in (often a close acquaintance), it's important that the passenger secure an independent lawyer to argue for their specific claims. 

If you or a loved one has been injured in a car accident in Los Angeles or while on vacation, either as a driver or passenger, please call the Law Offices of Christopher Paul Mesaros to schedule a consultation.  

Continue reading "Passenger Injury in an Auto Accident " »

Permalink 
 
May 01, 2010
  Why Retain an Attorney?
Posted By Los Angeles Personal Injury Attorney

Question:  What are you entitled to recover in your injury lawsuit if you have been injured as a result of an auto accident?  One simple answer is your medical bills.  But, when dealing with insurance companies and the law, it is of course never that simple. 

For many years California injury attorneys agreed that a party who was injured in California was only entitled to recover the amount that was actually paid out or owed to a health care provider. So, if you had private insurance, your personal injury verdict or settlement would usually be negatively impacted.  For example, if your medical bills were $5,000 but your insurance company only paid $2,000 to the health care provider, you were only entitled to claim $2,000 - not $5,000.  This rule was referred to as the Hanif rule, based on the California case that adopted the above reasoning as law.

California Health Care Providers and insurance companies usually negotiate rates for medical services provided on a contracted basis. The parties enter into an agreement to pay a certain pre-determined amount for a medical service. Many health care providers have been happy to accept a lesser rate in order to enjoy a steady stream of clients.

The California Courts had previously determined that, “a plaintiff is entitled to recover up to, and no more than, the actual amount expended or incurred for past medical services so long as that amount is reasonable.” Hanif v. Housing Authority (1988) 200 Cal. App. 3rd 635, 643. The rule was that when a Plaintiff had medical insurance then medical damages were limited to the actual amount paid or incurred. 

Hanif in Practice 

Take for example a broken arm suffered in an auto accident. Now assume that two people suffered the same injury – one person with private insurance and one person without. Each was billed $5,000.  It would seem that if they had suffered the same injury, there would be identical bills. However, that is not the case. The person who had private insurance would have a lower bill ($2,000) due to the agreement between the health care provider and the insurance company. The health care would take what was called a write off on their bill and would only collect the amount agreed upon.

The above situation leads to two different awards for the same exact injury. The person who did not have any insurance would have received more compensation for their medical bills, merely due to the fact that there is no contractual write off on his or her bill.  

Collateral Source Rule

The collateral source rule has been defined as, “if an injured party receives some compensation for his injuries from a source wholly independent of the tortfeasor, [such as health insurance], such payment should not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor.” Helfend v. Southern California Rapid Transit Dist. (1970) 2 Cal. 3d 1, 6. The basis for the rule is that any individual who has invested money into insurance for medical care should receive the benefits of his or her own prudence.  

The importance of knowing the above rule is that the Court has finally taken note the holding in Hanif may be violative of the collateral source doctrine.  

Where the Law Stands Today

The Court recently stated the following, “We disagree with Greer to the extent it holds that a trial court in a personal injury action is authorized to hear and grant a defendant's posttrial motion to reduce under Hanif and Nishihama a privately insured plaintiff's recovery of economic damages for past medical expenses. As discussed, ante, we have concluded that the negotiated rate differential is a collateral source benefit within the meaning of the collateral source rule.” Howell v. Hamilton Meats & Provisions, Inc. (2009) 179 Cal.App.4th 686.

In March, 2010, the California Supreme Court granted review of the Howell case, which means that it will try and reconcile the Hanif and Howell cases, hopefully making the law clearer. 
Defendants and insurance companies are doing their absolute best to hold on to the old rule arguing that Howell is not controlling in certain judicial districts.

Retaining a Personal Injury Attorney

The importance of having a personal injury attorney can be illustrated by the above law. Many lay people would not understand what a reasonable value of medical services actually is or even how to argue for it. A person attempting to represent himself would more than likely take the insurance adjuster’s word at face value. If you have been injured in an accident, it is important that you consult and eventually retain an attorney. Without doing so, you run the risk of not receiving the full value of your case, and could be left owing more on your bills than actually recovered.

Continue reading "Why Retain an Attorney?" »

Permalink 
 
April 26, 2010
  Welcome to our new Blog!
Posted By Christopher Paul Mesaros
I am proud to announce our new blog, as well as tell you a little about myself.  I am the principal at the Los Angeles personal injury law firm "The Law Office of Christopher Paul Mesaros, APC," (mesaroslawfirm.com), and I have been named a 2010 Southern California Rising Star by Los Angeles Magazine. The Los Angeles Magazine will reveal in its July 2010 issue that I have now received this award three years running - 2008, 2009 & 2010. 

Only 2.5% of attorneys are awarded this honor each year.  As this is an award that is based upon peer recognition, I am quite proud of this achievement.  

In 1996, I graduated cum laude from Regis University in Denver, Colorado with a B.A. in History and Political Science. In 2000, I received my JD degree from the University of Pittsburgh School of Law. I was admitted to the California State Bar in July 2001.

Today, I am a Los Angeles personal injury attorney, handling the business affairs, marketing, and client care programs for The Law Office of Christopher Paul Mesaros, APC. I act as the firm's chief negotiator, manage the day-to-day client contact and I am responsible for the running of the business of the law firm.

I have a long-standing reputation for providing compassionate, clear advice and getting outstanding results for victims of , car accidents, defective products, and general negligence. Having resolved hundreds of cases for injured accident victims and their families, I am a passionate advocate of consumer rights and have been praised for  my tenacity in standing up to large corporations, auto makers and governmental entities on behalf of my clients. 

About The Law Office of Christopher Paul Mesaros, APC

The law firm's Los Angeles personal attorneys represent people who have been very seriously injured or lost a family member due to an accident, defective product or negligence throughout California. Christopher Paul Mesaros has resolved a wide variety of challenging personal injury and defective product cases, involving car accidents, work related injuries, dog attacks and defective products. Please visit their website at mesaroslawfirm.com.
Continue reading "Welcome to our new Blog!" »

Permalink 
 
The information on this Los Angeles Personal Injury Lawyer website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: 515 South Flower Street, Suite 3600  Los Angeles, CA 90071