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Mark K. Ameli

Mark Ameli’s Answers

28 total

  • Intent to cause emotional distress.

    May 17, 2012 - After overhearing some co-workers talking, my co-worker [removed by Avvo], also African American refused to stay in the shared office. Room B-309. I went to work in the conference room, because I did not have access to a printer I h...

    Mark’s Answer

    I do agree that you must see a psychiartist immediately. Whether your psycological condition is AOE/COE (meaning as a result of your employment and in the course of employment) will depend on the medical opinion of the Psychiartrist who will examine you. The workers compensation law requires that more than 50% of your disability should have been caused by your employment before you can bring a workers compensation claim. If the Dr. determines this to be true, you have a workers compensation claim. Otherwise you don't. The next issue is whether a self inflicted wound can be claimed as an injury. One of the responders indicated that the Labor Code is specific that self inflicted wounds are not recoverable. This is true, however, an argument could be made that the wound was caused by the psychiatric injury which in turn was caused by the employment. Therefore if the Psychiatric injury is AOE/COE, the wound would also be AOE/COE.

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  • I am at fault car accident with no insurance, I am being sued and need to do settlement

    I am being sued for at fault car accident. the other party is suing me for this and we already have a court date. Atty called me and see if we can settle it. I am scared to go to a court and would like to settle. How do I settle it? They are askin...

    Mark’s Answer

    I am sorry that you are in this position. unfortunately a lot more information is necessary to determine if their demand is reasonable. Did they receive any medical attention, did they have any loss of earning, how did the accident happen and do you have any possibility to find contributory negligence on the part of the other driver. All of these and more will be needed to determine the past damages and the amount that should go for pain and suffering. I also do not know your financial condition. If you financial condition is not very good, remember that you can negotiate both the amount of the demand and the terms of payment. If this only relates to property damage, and this is the maximum they can get, it would behoove them to settle because otherwise they have to run after you to get paid even if they get a judgment against you.

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  • Can I sue my wife’s employer for physical and psychological damage after OTJ accident?

    CA Division of Workers’ Comp guarantees prompt effective medical treatment but DWC Claims Administrator is also insurance carrier’s claims adjuster. Adjuster has delayed and denied medical diagnostics and treatment that could have repaired or gre...

    Mark’s Answer

    The defendant has the right to delay its decision for 90 days. You have the right to seek your own medical care during those 90 days and the carrier, if it accepts the case will have to pay the medical expenses up to $10,000. It seems that you are beyond the 90 days. At this stage, your only recourse is to present the need for treatment to a judge and have the judge force treatment upon the carrier. Unfortunately, this is not a very quick fix. You can, however, request an expedited hearing if the doctors believe that the nature of the treatment is urgent. Additionally, even though obtaining psychological benefits is not easy, if it is related to another physical injury that your wife has received, it would be easier to pursue.

    I would suggest that you retain an attorney and since the fees are on a contingency basis, you will not be required to make any payment to the attorney.

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  • What if my employer doesnt trying stop to get me to work, i have been declared P&S but have become worse in condition?

    I started with a spinal injury and now i have achilles tendonits according to my regular doctor but insurance doctor doesnt even want to hear my concern. When I return to work should i file a new claim with new carrier or advise my employer that i...

    Mark’s Answer

    I will answer the questions starting with your Spinal injury. If your "regular" doctor indicates that the achilles tendenitis is secondary to your spinal injury, then you should reopen your case and continue with the same case. However, this injury does not seem to be related to the original injury. If this is caused by prolonged standing or other factors over a period of time, then you have a new claim for continuous trauma. Depression or any type of psychological injury is very difficult to prove since you have to show that you pass a threshold of 50% before the case is accepted.

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  • I need help getting my license back. i was told the insurance company had my license suspended.

    (i had purchased and registered the car earlier that day but did not have time to buy insurance because i had to leave to work) the accident happened on a busy road. the owner of the other vehicle was driving in the left turning lane from furth...

    Mark’s Answer

    I am not familiar with the State laws in IA. In some states if you drive without insurance your license will get suspended, usually for a term of one year. In most states, however, can apply for a restricted license if you later show proof of insurance which will allow you to drive back and forth to work and in emergency situations.

    With respect to the damages, if the insurance company wants to collect from you, they would have to sue you and you will have your day in court before they can collect any money. Additionally if you believe that the other party is at fault, you can sue him or her and try to collect your damage from the other party.

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  • Who do I name for small claims suit?

    I canceled a California home improvement contract within the 3 days allowed. I had given an excessive down payment and the contractor has not returned anything after 6 months. I signed the contract with an unlicensed salesperson. All my communic...

    Mark’s Answer

    I agree that you should sue all three. Since you have been sending emails to the business, I would suggest that you write a demand for payment to all three so that you can present that to the court when you appear there.

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  • Can I sue the uninsured drunk driver who hit my parked car and totaled it?

    My car was parked in front of my house and was rear-ended by an uninsured drunk driver who totaled my car and his. There was damage to another parked car because my car was pushed into it. I lost a day of work and the camera I use for work. The c...

    Mark’s Answer

    Ms. Heugener is correct. The problem is that even if you get a judgment you may not be able to collect it is the drunk driver does not have any money. Therefore, it is important to work with the prosecutio in the criminal matter to see if you can get restitution. Also, if you have collision converage or uninsured motorist coverage with sufficient limits, your best bet would be to recover your damages from the insurance company and they will then go after the druck driver to get money back. If the coverage is not sufficient you should get whatever amount you can from the insurance company and attempt to collect the rest from the other party directly.

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  • Does the collateral source rule apply? (per Howell, Yanez, and King)

    My 4 year old Son was in a motor vehicle accident. His ambulance bill was over $2000. The at fault party's insurance company (a HUGE company), is saying that my Son's health insurance paid only $330 to cover this bill, so that's all my Son can rec...

    Mark’s Answer

    Howell is decided. However, the issue that you is more interesting and to which you should pay more attention is the general damages or the damages for pain and suffering for your son. I imagine that the reason for your attorney advising you to handle the matter yourself is because of the limits of the coverage of the insurance carrier of the other party. But you should also be aware that if a parent of the child was present at the scene of the accident and saw the injuries to the child he or she may have a separate cause of action aside from that of the chiled.

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  • How many times can court date be postponed (trial) and can our lawyer do more? We were told it would be a simple marini hearing

    2x lawyer said judge told them a trial lasted longer than court expected and ours would have to be postponed we went on record 2 present evidence. 3 trial start and we were told inspector is needed we have 2 come back, 4 no inspector, our lawyer s...

    Mark’s Answer

    • Selected as best answer

    As Mr. Nachbar indicated, it is not unusual for the courts to continue trials in the middle of the case. sometimes courts have cases with higher priorities that they have to address. However, there seems to be other issue involved in your case in addition to the court's schecule. As an example, one of the continuances was as a result of your attorney not having subpoenad the inspector at the hearing. This should have been done in #3 and certainly in #4 to ascertain the presence of the inspector.

    Mediation after some testimony has been taken is very effective. at this stage of the case, both sides have an idea how the case is going forward and a short mediation may obviate the necessity of a drawn out trial. I would suggest that you proceed with mediation with an open mind. If both of you do so, the case may settle. If not, you can still continue the trial. But your attorney must push the court a little more.

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  • What are my chances after not agreed to mediation and see lawyer for court for stop paying check to service at home that i had?

    I stop my check paying this contractor after agreed and aware that there will be service charge to come to my house for an estimate and fix the problem but they did not do it, so now the contractor sue me for theft of service, went to court, judg...

    Mark’s Answer

    The issue that arises is whether there was a charge for just providing the estimate or not. sometimes the contractors indicate that there is a charge for estimates and if they do the work, the charge is waived. If you have a written agreement, you should review this portion of the agreement. if not, think about the your oral agreement and determine if there was a separate charge for the estimate. if there was, you will probably owe that portion of the fee to the contractor. If not, you may not owe any amount. The next issue which was not clear is whether you went to mediation and did not settle or you did not go to mediation at all. If you did go but did not settle, you can try the case which could be risky. If you did not go to mediation at all, I would sugget you do it at this time because you may be in cotemp ot the court for failure to obey its order.

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