Get A Free Consultation
 

Author: Tarun Sridharan

Legal Editor & Attorney Contributor

Injured in an accident? Find a car accident lawyer in Houston to help.

If you’ve been injured in an accident, then you’ll want to find a car accident lawyer in Houston who can help — but you may be wondering what legal issues you should be keeping in mind as you explore the possibility of a dispute.

Though we do encourage you to seek out the assistance of a car accident lawyer in Houston, let’s take a look at a few basics. Understanding these basics will aid your journey towards securing compensation.

How long can you sue after a car accident in Houston Texas?

It’s important that you find a car accident lawyer in Houston who can help you litigate your dispute as soon as possible. Pursuing your claim in a timely manner is critical to securing compensation.

See, in Texas, the statute of limitations “deadline” for a standard car accident claim is two years from the date of injury. If you fail to file your claims before the applicable deadline period ends, then you will have relinquished your right to secure compensation under the law. In simple terms: you’ll have abandoned your claim to damages.

That’s why it’s so important to seek out an attorney as early as you can after an accident. This will give them a chance to evaluate your case, develop a persuasive legal strategy, and file your claims before the deadline passes.

How much can someone sue for a car accident in Houston?

As the injured plaintiff, you may sue and recover for the damages caused due to the defendant’s negligence, recklessness, or intentional misconduct. These damages reflect the losses you sustained. Recoverable losses include the following:

  • Lost wages
  • Loss of earning capacity
  • Medical expenses
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • And more

To better understand how damages can add up, let’s use a quick example.

Suppose that you are injured in a car accident. You sustain significant back injuries that impact many functional aspects of your work and lifestyle. For example, you’re unable to work for a year at your construction job ($50,000 yearly salary). You also undergo medical diagnostics, treatment, surgical procedures, and rehab that add up to $100,000 in expenses. With the help of an expert, you’re also able to estimate that your pain and suffering damages add up to $100,000. In total, then, your claimed damages may add up to $250,000.

Who decides fault in a car accident in Texas?

Fault in a car accident is decided by the court. However, fault principles vary from state to state. In Texas, the principle of “modified comparative fault” is imposed. What does this entail?

Modified comparative works like this: if you (the injured plaintiff) are partially at-fault, you are still entitled to sue and and recover damages. However, if you are more than 50 percent at-fault, then you are precluded from recovery. Worth noting is that even if you’re allowed to sue for damages, your compensation will be reduced by your percent fault contribution.

Let’s use a quick example to clarify how this works.

Suppose that you are injured in a car accident where you weren’t wearing a seatbelt. The court determines that (due to your failure to wear a seatbelt), you were 40 percent at-fault for your injuries. Your total damages are $100,000, and you’ll be allowed to sue and recover in Texas as you’re only 40 percent at-fault. However, your recovery will be reduced by 40 percent, resulting in a $60,000 compensation total. So you still get paid, but less than you would have received if you were not partially at-fault.

How much does a car accident lawyer in Houston cost?

If you’re looking for a car accident lawyer in Houston, chances are that you’re thinking about the cost — you may be concerned about the expense, and whether you can actually afford to hire a lawyer. Well, fear not! Most car accident lawyers — in Houston and elsewhere — work on a contingency basis.

Contingency fees are paid out as a percentage of the total compensation that your attorney secures on your behalf. In other words, you only pay if you win. If you don’t get compensated, then you don’t have to pay. So you won’t have any upfront costs at all. This makes it affordable for anyone to litigate a legitimate legal claim.

Further, contingency fee dynamics are a win-win. Because your attorney is paid a percentage of your compensation total, they get paid more if they win more on your behalf — this incentivizes them to litigate aggressively and secure the maximum compensation amount for you. They are also incentivized to work efficiently, as the sooner they can resolve your case, the more profitable it is for them.

How long do personal injury cases take to settle in Texas?

Personal injury cases vary when it comes to settlement timelines. Some cases can be settled in as little as a week, while other cases may take years to settle. And in fact, some cases never settle at all, and the parties are required to litigate the dispute at trial in order to secure a final resolution.

How long a case takes to settle will depend on a variety of factors, including:

  • The hostility of the defendant
  • The negative publicity the defendant will face if the case were to be litigated
  • The financial resources that the defendant has at their disposal to fight the case
  • The industry that the defendant is in
  • The certainty of liability
  • Whether there is substantial evidence supporting the plaintiff’s damages claim
  • And more

So, for example, if the defendant is a hostile car manufacturer who wants to scare off other plaintiffs from suing them, they may be unwilling to reach a favorable early settlement — and any settlement could take a year or more to reach.

About Houston, TX and its Accident Risks

With a population of nearly 2.4 million, Houston is the fourth largest city in the United States, after New York, Los Angeles, and Chicago. It also ranks as the fourth most diverse city in the United States, and hosts a number of major industries, including the oil, gas, and energy industry more broadly.

From a planning perspective, Houston has been built as a “car-first” city. This exposes drivers and passengers to a significant accident risk that residents of places like New York City do not necessarily get exposed to. Houston’s roadways are highly-trafficked and frequently used by residents and visitors alike.

Ranking high among the many dangerous roadways in Houston is the I-45, specifically the section between Beltway 8 and Downtown Houston, with a significant number of accidents reported every single year. If you’ve been injured in an accident on the I-45, or any other Houston roadway, then we encourage you to consider talking to a car accident lawyer in Houston who can help.

If you’ve been injured in a car accident in Houston, TX, then you could be entitled to damages under the law. Legal claims aren’t always easy to navigate for first-time plaintiffs, however, so it’s important that you consult a qualified attorney who can help you through the process from start to finish.

Contact 1-800-THE-LAW2 to connect to one of our representatives. In just 10 minutes or less, they’ll find you a local car accident lawyer in our network who can provide a free consultation. During this consultation, you’ll have an opportunity to discuss your case and get professional guidance on your legal options (and next steps). There’s no obligation to continue if you decide against it, so there’s really no downside — call in today to get started!

We look forward to assisting you.

What happens if you lose a car accident lawsuit?

In the event that you lose a car accident lawsuit, then you may be wondering what happens after — not all cases end in success, so there’s a lot of confusion as to the plaintiff’s responsibilities, burdens, and options in the event of a court loss. Let’s take a closer look at how it all works.

What happens if you lose a no win no fee case?

If you lose a car accident lawsuit, whether or not it’s a “no win no fee” case, then you will not be entitled to compensation under the law — at least with respect to the defendant(s) you sued for damages. That being said, you won’t have to worry about paying the attorney. Any expenses they accrued in litigating your case are their own burden to carry (with exception in some cases for filing fees and other small procedural expenses). That was the risk they took in representing you. So you’ll have no (or limited) out-of-pocket costs for having sued.

Also, just because you lost doesn’t mean you have no compensation options. If you were involved in a work-related car accident, for example, you could potentially have access to workers’ compensation benefits that would not be tied to the outcome of your case. And even if you lose a car accident lawsuit, you can potentially submit a claim with your own insurance provider for compensation — this could cover most of your losses, in fact.

Losing a case isn’t the end-all, be-all. But it does have an impact on your strategic options so do bear that in mind.

How long does it take for a no win no fee claim?

There is no set-in-stone rule for how long it takes for a no win, no fee legal claim to be resolved. Every case is different. Some can take as little as a week or two for a settlement to be reached, while others can take as much as two years after lengthy negotiations, court hearings, and trial litigation.

For example, a dispute might conclude very early if both parties are amicable, rational, and willing to come to an agreement due to a desire to avoid the negative publicity and cost and uncertainty of litigation.

By contrast, a different dispute might develop into something complex and hostile over a year or more, and can lead to trial. This may be due to deep and continued disagreements about liability, damages, and more.

Alternative strategic options may exist

If you lose a car accident lawsuit, you might have different strategic options:

  • You can potentially submit a claim with your own insurance company to secure compensation through your personal coverage
  • You can identify and sue different defendants against whom you might have a claim
  • You can explore a mediation to resolve the dispute if there are any leftover issues
  • And more

Bear in mind that there’s no guarantee of compensation with these alternatives, either, but they are reasonable options in the event of a lost dispute. For example, your own personal accident insurance coverage could coverage a substantial portion of your damages if you submit a claim with your insurer — doing so in the alternative is still a fine plan for securing compensation, though you’ll want to work with an attorney who understands how to prepare the claim so as to minimize the chance of it being rejected (or of receiving a lowball offer).

Appealing the loss

You may be able to file an appeal if you lose a car accident lawsuit — in other words, you are disputing the loss. That being said, you cannot simply pursue an appeal just because you disagree with the outcome. To pursue an appeal (i.e., to have it heard in an appellate court), there must have been a “legal mistake” made by the lower court. Further, this mistake must have impacted the final judgment in the case.

During the appeal, you won’t get an opportunity to present or submit new evidence. There won’t be a new trial, or new witnesses, or a new jury. The appellate court will simply review the original case in the lower court and determine whether there was a legal mistake. For example, the appellate court will investigate to determine whether the lower court improperly applied the law (i.e., applied the wrong law to the facts).

Appeal isn’t easy, and may take additional time and resources. Make sure to discuss the possibility with your attorney before you decide on a course of action.

Attorneys are useful advocates in more ways than one. Experienced attorneys understand that their role is comprehensive, and that they may have to handle a variety of aspects of the case when representing the client. These responsibilities include, but are not limited to, the following:

  • Investigating the accident scene
  • Gathering and preserving evidence
  • Securing the contact information of relevant parties, such as eyewitnesses
  • Working with experts to reconstruct the accident and develop supportive testimony
  • Communicate on behalf of the client with insurers, opposing counsel, and others
  • Develop and execute an effective legal strategy
  • Negotiate a potential settlement compromise
  • Pursue trial litigation, if necessary
  • Secure the damages award
  • Appeal a loss, if necessary and desirable
  • And more

Just be aware that attorneys have a diverse skill set and role, and that they can handle your dispute from start-to-finish — so don’t delay too long! Get in touch with an attorney as soon as possible after your accident.

If you’ve been injured in a car accident, then you may be exploring the possibility of a lawsuit so that you can be compensated. That being said, it’s worth considering that not every lawsuit results in a win. If you lose, however, you may still have options for securing compensation outside of a lawsuit. To better understand, we encourage you to explore these options with an experienced attorney.

Contact 1-800-THE-LAW2 to get connected to an attorney in our legal network. The attorneys in our network can provide a free initial consultation, during which you’ll be able to discuss the details of your case and obtain guidance on next steps. There’s no obligation to continue if you decide against it, so there’s really no downside — call in today!

We look forward to assisting you.

What happens when you reject an insurance settlement offer?

When you reject an insurance settlement offer, what happens? That’s a real question on top-of-mind for a lot of injury plaintiffs, as they might be receiving lowball offers that have them concerned about what to do next. Well, not to worry — there are strategic options in the event that you’ve received a lowball offer that you’d rather reject than accept.

Let’s take a closer look at what happens when you reject an insurance settlement offer, and the context behind settlements in general. Read on to learn more!

Why do lawyers prefer to settle?

It’s not just lawyers that prefer to settle a case — the vast majority of clients prefer to settle disputes too. Why? Broadly speaking, trial litigation is expensive, demanding, exhausting, public, and uncertain. That’s a lot to deal with!

See, a business could go to trial and they’d find that all their dirty laundry gets aired out in public. It can be reported on, hurting their brand substantially. Further, they might lose their case, even if they thought that they stood a good chance of winning — there’s no guarantees in litigation.

That’s where settlement comes in. Rather than risk the uncertainty, cost, time, and publicity of trial, parties will go back-and-forth until they determine a fair and reasonable compromise compensation amount. This compensation has to account for the possibilities if the parties were to continue to trial.

By agreeing to a set compensation amount, the parties get to avoid all the hassle and uncertainty of trial litigation. That’s a positive outcome for most parties — which is why more than 95 percent of disputes are resolved through settlement!

Of course, if you don’t feel that you’re getting a fair offer, you’re entitled to reject an insurance settlement offer. So don’t fret!

What is a good settlement figure?

What constitutes an acceptable, “good” settlement will vary wildly from case-to-case. If you have a weak legal claim, for example, then the settlement offers may be substantially less robust. By contrast, if the defendant concedes liability (i.e., they admit fault), then the settlement offers are almost certainly going to be higher.

Depending on the offer, you may decide to reject an insurance settlement offer.

Settlement offers are not an exact science. That being said, they tend to track with 1) likelihood of liability at trial and 2) likelihood of compensation demand being met at trial. In other words, the stronger that your legal claim is, and the more supportive evidence you have regarding your damages claim, the higher the settlement offers are going to be.

Of course, other factors can disrupt this basic dynamic. For example, if the defendant is especially hostile, they might keep lowballing you even if you have a very strong legal argument backing your claim. That’s why it’s important to be amicable and professional throughout the process

What usually happens after settlement negotiations are unsuccessful?

In a litigation scenario, if settlement negotiations are unsuccessful, then the next step is for the case to continue to progress through various court hearings and processes, until finally there will be a trial — during this trial, the dispute will be resolved through formal argument. If you “win” your case, the court will award you damages based on the presented evidence. This will be the recovered compensation amount.

While this seems like a simple process, it’s worth noting that trial litigation is generally not desirable. Outside of very specific situations, it’s typically a better overall outcome to resolve the dispute through a settlement compromise. Trial litigation can be expensive, demanding, and uncertain, so just bear that in mind as you navigate the dispute with your attorney!

How long does it take to negotiate a settlement?

There is no one-size-fits-all answer here. Settlement negotiations can vary in terms of how long they take to resolve — and ultimately, even if you receive an early settlement offer, you may not feel that the offer is “reasonable” or “fair” and this could further extend negotiations as you and the other party continue to go back-and-forth.

Factors that can influence whether you receive a fair and acceptable settlement offer include, but are not limited to:

  • The hostility of the defendant/insurer
  • Your willingness to accept a lowball offer
  • The severity of the injuries/losses
  • How obvious the liability is in the case
  • How much supportive evidence there is for your compensation claims
  • And more

The more obvious that liability is, and the more supportive evidence you have to prove your damages, the higher the settlement offer is likely to be. That’s why it’s so important to have an attorney help you navigate this process — they can build up your case so that the defendant/insurer sees the issue more clearly and is therefore more willing to offer a reasonable settlement. In the event that you decide to reject an insurance settlement offer, you can work with your attorney to move ahead to trial.

Options after a lowball settlement offer from your insurer

If you’ve received a lowball settlement offer from your insurance company, there are essentially three main strategic options that you have:

  1. You can resubmit your claim with the insurance company (generally with the assistance of an attorney), ensuring that you include all the necessary, missing documentation, and ensuring you have structured the claim so that it is less likely to be rejected or underpaid.
  2. You can potentially bring a lawsuit against the insurance company if you feel that they have engaged in adverse behavior against you when evaluating the claim and making a settlement offer.
  3. You can identify liable defendants and sue them for damages, thus securing compensation beyond your own insurer’s ability or willingness to pay out a claim settlement.

If you’ve been injured in an accident, then you may be entitled to sue and recover damages as compensation. In many cases, compensation is provided in the form of a settlement — that being said, not all settlement offers are reasonable. You could be lowballed, which may force you to reject the offer in order to secure adequate compensation. An attorney can help you reject an insurance settlement offer and secure a better one, or go to trial, if necessary.

Contact 1-800-THE-LAW2 to connect to an experienced attorney in our network for a free legal consultation. During this initial consultation, you’ll get an opportunity to discuss your case in detail and obtain guidance on next steps. There is no obligation to continue if you decide against it, so there’s really no downside! Call in and get started.

We look forward to assisting you.

How Long Does An Employee Have to Report an Accident?

The short answer is: as soon as possible.

Reporting an accident at work to your employer is the first essential step to take after you are hurt. Waiting too long to report an injury could end up costing you more than you think.

How Long Do I Have to Report a Work Injury?

If you get injured at work, it’s crucial to know how long you have to report the injury.

Understanding this timeline is key to making sure you’re covered under workers compensation insurance. This is how you know how long you have to report a workplace injury.

The Reporting Timeline

#1. Immediate Action: Notify Your Employer

Right after an injury occurring at work, your first step should be to report it. The sooner, the better. While laws vary, a good rule of thumb is to notify your employer within 30 days of the injury.

Why quickly? Reporting quickly ensures you get the medical care you need and protects your rights as an injured worker. If you wait too long, you might lose the chance to receive workers’ comp benefits.

How long does an employee have to report an injury? While laws vary from state to state, ideally, you should provide your employer written notice of a workplace injury within 30 days. After 30 days you may be compromising your right to receive the worker’s comp benefits, including lost wages, that you deserve.

Once you’ve notified your employer, he is required to complete an “Employer’s Report of Occupational Injury or Illness” form. Review the form, ensure it is accurate, and request a copy for your records.

#2. Get Medical Attention

If you require medical attention for your injury, seek it as soon as possible. Getting timely and adequate medical treatment is essential not only to your recovery but to maximize your workers’ compensation benefits and compensation.

To receive benefits and compensation, you must file the necessary forms to open your worker’s compensation claim. Submitting a claim with your employer is your responsibility. If at any point you are denied a form or the opportunity to seek medical treatment, it is best to consult with an experienced worker’s comp attorney.

Your Employer’s Role:

  • Once you report your injury, your employer should start the process with their workers compensation insurance. This insurance is there to help you cover medical bills and lost wages.
  • Getting the Right Care: Part of what workers’ comp insurance covers is the medical care you need. It’s vital to seek medical attention as soon as possible after your injury. This not only helps you heal but also creates a medical record of your injury.

Injured Workers’ Rights

  • Know Your Rights: As an injured worker, you have rights. These include getting proper medical treatment and compensation for your injury.
  • Documentation Is Key: When you report your injury, make sure everything is documented. Write down when the injury happened, how it happened, and report it in writing to your employer.
  • Consulting an Attorney: If you’re unsure about the process or your employer is not responsive, it might be wise to talk to a workers’ comp attorney. They can help guide you through the process and ensure you receive all the benefits you deserve.

Remember, if you’re injured at work, act fast. Reporting your injury on time is crucial to ensure that you’re covered under workers’ compensation insurance and receive all the benefits for your recovery. Don’t delay in getting the medical care you need and protecting your rights as an employee.

How Do I Know if I Qualify for Worker’s Comp?

Every claim is unique, and your basis of eligibility is dependent on the details of your specific situation. There are, however, a few basic guidelines the insurance companies look for when reviewing a claim:

  • Whether you are an employee of the insured company
  • Whether your injury or illness is a result of a work-related duty
  • Whether your injury was reported to your employer within a reasonable amount of time
  • Whether your claim was filed according to your State’s deadlines

If you are uncertain about your state’s deadlines, have been denied by the insurance carrier or your employer; contacting an attorney may be your best option to determine your next step.

What Benefits Could I be Eligible for?

Worker’s compensation is intended to protect you (the employee) when an accident or work-related illness occurs. Familiarizing yourself with workers’ compensation benefits can help you determine if your employer’s insurance carrier is holding out:

  • Medical Treatment– Medical care intended to help alleviate or recover your workplace injury
    • Scope of Coverage: This benefit covers all necessary medical expenses related to your work injury or illness. This includes doctor visits, hospital stays, medications, physical therapy, and any medical equipment you might need.
    • Importance of Prompt Care: Getting timely medical treatment not only aids in your recovery but also establishes a record of your injury, which is crucial for your worker’s comp claim.
  • Disability Benefits- Temporary or permanent depending on the severity of your injury
    • Temporary vs. Permanent: Disability benefits can be temporary or permanent, depending on how severe your injury is. Temporary disability benefits are for when you’re recovering but expected to get better, while permanent disability benefits are for more serious, lasting injuries.
    • Compensation for Lost Wages: These benefits are designed to compensate for a portion of the wages you lose while you’re unable to work due to your injury.
  • Supplemental job displacement benefits –A voucher intended to fund the training of a new skill if you are unable to return to the same job duties you performed prior to your injury
    • Retraining or Skill Enhancement: If your workplace injury prevents you from returning to your previous job, these benefits can help. They provide a voucher to fund training for a new skill, aiming to help you re-enter the workforce in a new capacity.
    • Eligibility Criteria: Typically, these benefits are available if your employer doesn’t offer other work that fits your new capabilities post-injury.
  • Death Benefits – Monetary compensation for your spouse or dependents in the event of death due to work-related injury or illness
    • Support for Dependents: In the unfortunate event that a work-related injury or illness results in death, worker’s comp provides monetary compensation to your spouse, children, or other dependents.
    • Coverage Details: This benefit can help cover funeral expenses and provide financial support to your dependents, helping to secure their financial future.

The benefits listed above are not guaranteed in all situations Often insurance carriers deny claims unjustly, and many go without contesting or consulting with an attorney. Don’t let this be you.

Is My Employer Obligated to Have Worker’s Comp Coverage?

Most companies are legally required to maintain coverage if they staff one or more employees. Heavy penalties and fines often deter companies from being uninsured. There may be a few exceptions depending on the industry and the terms in which you were hired. For example, if you were hired as an independent contractor or consultant, you may not be considered an employee of the company and therefore are ineligible for coverage.

Nonetheless, each state has its own prerequisites regarding worker’s compensation coverage and should be verified with your state Department of Labor.

Are Work Injuries Avoidable?

Although there are safety programs and measures a company can take to create a safe environment for its employees, accidents can still happen.

If you feel that your workplace is unsafe, it is best to report any safety hazards immediately to your employer or to the state Occupational Safety and Health Administration (OSHA).

How Soon Should I Hire a Worker’s Comp Attorney?

Bottom line: the minute you feel like something is not right; it probably isn’t. But why wait until then?

Suffering from a work injury and worrying about lost wages while trying to pay your bills can be mentally debilitating. Contacting a worker’s comp attorney as soon as possible can help ease your worry and ensure you receive all the benefits and lost wages you deserve.

Early Consultation

  • Immediate Assistance: Consulting an attorney right after your injury can be beneficial. An attorney can guide you through the initial reporting process and ensure that all necessary steps are taken correctly.
  • Understanding Your Rights: An attorney can explain your rights under worker’s comp laws and help you understand what benefits you are entitled to. This knowledge is crucial in ensuring you are fully compensated for your injury.

When Complications Arise

  • Claim Denials: If your claim is denied or you receive insufficient benefits, an attorney’s intervention becomes essential. They can help contest the denial and work to secure the benefits you deserve.
  • Disputes Over Benefits: Sometimes, disputes arise over the extent of medical treatment or compensation. An attorney can advocate on your behalf to resolve these disputes.

Navigating Complex Cases

  • Severe Injuries: In cases of severe or long-term injuries, legal representation is crucial. These cases often involve substantial compensation and require expert negotiation to secure the appropriate benefits.
  • Employer Retaliation: If you face any form of retaliation from your employer after filing a claim, an attorney can help protect your rights and take legal action if necessary.
  • Maximizing Your Claim: An experienced worker’s comp attorney knows how to maximize the value of your claim. They can accurately calculate your lost wages, medical expenses, and any other relevant costs.
  • Peace of Mind: Having a legal expert handle your claim can provide peace of mind. It allows you to focus on your recovery, knowing that your claim is being managed effectively.

Hiring a worker’s comp attorney sooner rather than later is generally in your best interest, especially if your case involves significant injuries, disputes, or claim denials. An attorney can provide invaluable guidance and support, ensuring that your rights are protected and that you receive the full benefits you are entitled to under the law. Remember, dealing with a work injury is not just a legal matter but also a crucial part of your healing and recovery process.

When Will Workers Comp Offer a Settlement? | Find a Work Injury Lawyer Near You

Whether you work on construction sites or in a downtown office on the 99th floor, all employees run the risk of sustaining a work illness or injury. Although some professions face a greater risk compared to others, that doesn’t mean employees in “less risky” jobs should have their workers’ compensation cases neglected or devalued.

In case of an injury while on the clock, you’re entitled to workers’ compensation benefits to pay for your medical costs and lost wages. These benefits often come through regular workers’ compensation insurance that is covered by your employer’s insurance company. But what if you receive an offer for a lump sum settlement instead?

In understanding workers’ compensation laws, it’s important to consider the long-term impact of your work-related injury or illness. These laws are designed to protect you by ensuring you receive the necessary medical benefits and financial support during your recovery period. Sometimes, the effects of an injury can last for a long time, perhaps even a lifetime.

That’s where workers’ compensation plays a crucial role. It provides ongoing medical benefits and covers costs associated with long-term care, which might include surgeries, physical therapy, and any required medications. Knowing how these laws work helps you make informed decisions about your health and financial well-being following a workplace injury.

Questions that this article can help to answer:

  • Will I get a workers’ comp settlement?
  • How soon will the insurance company offer a workers’ comp settlement?
  • What are the two types of settlements for workers’ compensation?
  • How is a workers’ comp settlement determined?
  • How much should a workers comp settlement be worth?
  • How long do most workers’ comp settlements take?
  • What do I need to know about an early settlement offer?
  • Will workers’ comp offer a settlement without a lawyer?
  • How do I find a labor lawyer near me?

Will I Get a Workers’ Comp Settlement?

If you’re wondering about receiving a workers’ comp settlement, it’s important to understand that not all workers’ comp cases result in a settlement. Settlements in workers’ comp are agreements where the insurance company agrees to pay you a certain amount of money.

In return, you might give up certain rights, like future claims related to your injury. Whether you get a settlement largely depends on the specifics of your case, including the severity of your injury and how it affects your ability to work.

Factors Influencing Settlements:

  • Severity of Injury: More serious injuries often lead to larger settlements because they impact your life more. This includes long-term medical care and inability to work.
  • Medical Benefits: Part of your settlement might include medical benefits, which cover ongoing treatment costs.
  • Lost Wages: If you can’t work because of your injury, your settlement may include compensation for lost wages.
  • Permanent Disabilities: In cases of permanent disability, settlements are likely as they account for future challenges and financial needs.

Does Surgery Increase Workers’ Comp Settlement?

In many workers’ comp cases, if surgery is necessary, it might increase the settlement amount. Here’s why:

  • Higher Medical Costs: Surgeries are expensive, increasing the overall medical costs that need to be covered.
  • Extended Recovery Time: Surgery often means you’ll need more time off work to recover, increasing the compensation for lost wages.
  • Long-term Effects: Surgery can indicate a more serious or permanent injury, which might lead to a higher settlement due to long-term health needs and impacts on your life.

Remember, each workers’ comp case is unique. The necessity of surgery and its impact on a settlement will vary. Consulting with a skilled attorney who understands workers’ comp benefits and laws can provide you with the best guidance tailored to your specific situation.

How Soon Will the Insurance Company Offer a Workers’ Comp Settlement?

If you are awaiting a workers’ comp settlement offer, it’s imperative to understand the factors in play. From an outside perspective, workers’ compensation settlements might sound enticing.

For example, you receive one lump sum (sometimes hundreds of thousands of dollars), which you will then use to help pay for your medical costs and lost wages. You get to pocket anything that might be left over. It might sound like a great offer; however, these offers always warrant a second look and the opinion of an experienced workers’ comp attorney.

Reaching a Workers’ Comp Settlement

Suppose an employee has fully recovered from their illness or injury and has returned to work without any remaining bills or unpaid benefits. In that case, their workers’ compensation claim can be closed. However, sometimes a claim requires a negotiated settlement between the injured worker (and their attorney) and the insurance company.

This process usually starts with the insurance company and the employer making an offer for payment to the employee. Depending on the type and extent of the employee’s illness or injuries, the settlement offer might include payments for:

  • Unpaid benefits or medical bills
  • The costs of any necessary future medical treatment
  • A disability award if the worker is permanently impaired

Types of Workers Compensation Settlements

There are two types of Workers’ Compensation settlements. They are:

  • Lump Sum Payment
  • Structured Payment

Lump Sum Payment

A single payment for all medical costs and benefits the employee claims. In some states, the injured worker may have to agree not to pursue any future compensation related to the same injury.

Structured Payment

The settlement monies are divided into scheduled payments over a specified amount of time. A structured settlement might include a separate medical account to pay for any necessary future medical care.

When Will Workers’ Comp Offer a Settlement in California?

In California, if you get hurt at work, you might wonder when you’ll get a settlement offer from workers’ comp. Here’s a simple breakdown:

  1. Injury Report: First, you must report your workplace injury to your boss. This gets your workers’ comp case started.
  2. Case Review: After you report your injury, your case is looked at. The insurance company checks your medical records and other details to understand your injury better.
  3. Maximum Medical Improvement (MMI): This is a key moment. MMI means your condition isn’t expected to improve much more. In California, settlement talks usually start after you reach MMI. It’s when everyone has a clearer picture of your health and future needs.
  4. Settlement Types: In California, you might get offered a lump sum (all the money at once) or a structured settlement (money paid over time).
  5. Negotiation: Your lawyer and the insurance company will talk about the settlement. They consider your medical costs, any lost wages, and how the injury affects your life.
  6. Judge’s Approval: Finally, a workers’ comp judge looks at the deal to make sure it’s fair.

Remember, settlements in California can take different times to reach. It depends on how serious your injury is and how long your recovery takes. Always talk to a lawyer to make sure you’re getting a fair deal. They know the rules and can help you understand your rights.

How Is a Workers’ Comp Settlement Determined?

Before agreeing to a settlement, the employee and their lawyer should calculate what they believe the claim is worth. It should at least be enough to cover past medical care and future medical costs for the injury. Other factors that can impact the settlement include:

  • Medical bills
  • The need for future medical treatments, including surgery or physical therapy
  • Previously lost wages or future wage loss
  • Temporary or permanent disability payments
  • Attorney fees
  • State workers’ compensation statutes and restrictions

Once the calculation is finalized, the employee and their attorney will negotiate with the insurance company. The final settlement is frequently a compromise between the insurance company, employer, and the injured employee under the advisement of their attorney.

It’s a common requirement in many states to have a workers’ compensation judge review each settlement before it’s finalized. Although the judge will consider if it is fair to the employee, it is still in the employee’s best interest to have a workers comp attorney on their side to protect their rights.

How Much Should a Workers’ Comp Settlement Be Worth?

Calculate Workers Compensation Settlement

Workers’ compensation settlement amounts are typically based on what the case is likely to cost the workers’ compensation insurance company if the case fails to settle. Most of the time, the insurance company wants to reach a settlement before you get to the point of what is known as Maximum Medical Improvement (MMI).

Once you reach this point, you will likely have a good idea of your future medical expenses, which means you will have a better idea of what your case is really worth. If the insurance company can get you to accept a low workers comp first settlement offer, they will most likely pay less for your claim. That’s wonderful for them but terrible for you.

Workers Comp Settlement Amounts

How Long Do Most Workers’ Comp Settlements Take?

The truth is that it varies. For claims involving relatively minor injuries, a workers comp settlement offer letter won’t take as long. However, it can take longer for those with severe or catastrophic injuries. What’s more important than how long it takes to receive a settlement, is that you are receiving a fair settlement.

While you may be relieved to receive an early settlement offer, it’s not always in your best interest to accept an early offer. Here are three instances in which a longer case settlement may be beneficial:

  • Concerns about paying for medical bills
  • Unable to go to work
  • Affording medical expenses related to your injury at work

An Early Settlement Doesn’t Necessarily Mean a Fair Settlement

In fact, it is never in your best interest to accept an offer without discussing your case with a qualified workers’ compensation lawyer. An experienced attorney will have a pretty good idea of what a fair settlement should be in your case. They can let you know if you should settle at this point or hold out until you receive a better offer or reach MMI.

You should also keep in mind that waiting until most or all of the anticipated benefits you can receive have been paid out will make the value of your case lower than it could have been if settled earlier.

Will Workers’ Comp Offer a Settlement Without a Lawyer?

Navigating a workers’ comp case can be complex, and you might be wondering if you can receive a settlement offer even without hiring a lawyer. Understanding how the system works and the importance of legal advice is crucial in such situations.

The Possibility of an Offer

  • Direct Offers: Yes, it is possible to receive a workers’ comp settlement offer without a lawyer. Insurance companies sometimes make offers directly to injured workers. However, these offers may not always reflect the full value of your claim.
  • Initial Assessments: The insurance company will evaluate your case based on the medical reports and the details of your injury. They may then propose a settlement amount to cover your medical expenses and lost wages.
  • Understanding Your Rights: A major concern when dealing with workers’ comp without a lawyer is the lack of understanding of your legal rights. Legal advice is critical to ensure that your rights are protected and that you are fully aware of what you are entitled to under the law.
  • Evaluating Offers: An attorney specializing in workers’ comp can help evaluate if the offer made by the insurance company is fair. Without this expertise, you might end up accepting a settlement that is significantly lower than what you could receive with legal representation.

Accepting a Settlement

  • Consideration: Before accepting a settlement, consider the long-term implications of your injury. Will there be ongoing medical expenses? Could your injury affect your ability to work in the future?
  • Negotiation: Without a lawyer, you might lack the negotiation skills necessary to increase the settlement offer. Lawyers are experienced in negotiating with insurance companies and can often secure a more favorable settlement.
  • Finalization: Accepting a settlement usually means you waive certain rights, such as bringing any future claims related to the injury. Legal advice is crucial to understand these implications fully.

While it’s possible to receive and accept a workers’ comp settlement without a lawyer, it’s not always advisable. The lack of legal representation can lead to accepting an offer that doesn’t adequately cover your needs, especially considering long-term implications. A lawyer can provide essential legal advice, help in evaluating and negotiating offers, and ensure that your rights are fully protected.

Remember, the goal of workers’ comp is to support you during your recovery and ensure you’re not financially burdened due to a work-related injury. Professional legal assistance can be invaluable in achieving this goal.

How Do I Find a Labor Lawyer Near Me?

If you have questions about work injury lawsuit settlements or other aspects of a workers’ comp claim, 1-800-THE-LAW2 has a network of local attorneys with answers. You can find an experienced labor lawyer or workers’ compensation lawyer near you by completing our online form for free consultation. Once submitted, a licensed workers’ comp attorney in your area will call you within ten minutes to help you with your workers’ comp case.

You can also give us a call for FREE legal consultation. We are open 24/7.

Hit by a DUI Driver? How to Sue for Money Damages

Were you hit by a DUI driver? If so, chances are that you’re feeling overwhelmed and possibly confused. Don’t worry. If you’ve been hit by a drunk driver, settlement is possible.

If you’ve been injured, you may have a right to sue for damages to compensate you for your losses. These losses can be significant and varied, so it’s important to actually speak to an attorney about your case so that you can secure DUI accident settlement compensation. Call us at 1-800-THE-LAW2 or use our contact form to connect to an experienced attorney in our network for a free consultation.

All that being said, we understand you might be feeling anxious and alone. The first thing to understand is that you’re NOT alone in dealing with a drunk driving incident.

According to data reported by the National Highway Traffic Safety Administration (NHTSA), drinking and driving kills 28 people every single day. That’s more than a death per hour. Simply put, drunk driving accidents are a serious problem across the United States.

Let’s take a closer look at DUI accident lawsuits.

What to do after a drunk driving accident

Being involved in an accident with a driver under the influence can be a traumatic and confusing experience. If you’ve been hit by a drunk driver, you may be entitled to a settlement to compensate for your losses. Understanding how to navigate the aftermath of such an incident is crucial in ensuring you receive the justice and compensation you deserve.

  1. Suing a Drunk Driver: Yes, you can sue a drunk driver for hitting you. Driving under the influence is a serious offense, and if their irresponsible behavior resulted in your injury, you have the right to seek legal action.
  2. Filing a Claim: The process typically begins by filing a claim, which involves documenting the incident, your injuries, and any property damage. This is an essential step in pursuing compensation for economic damages such as medical bills, lost wages, and other financial losses.
  3. Seeking Legal Guidance: Knowing how to sue a drunk driver involves understanding various legal options and strategies. A skilled attorney can guide you through the process, from filing the claim to negotiating a settlement or, if necessary, taking your case to court.
  4. Maximizing Your Settlement: The goal is to ensure you receive fair compensation for both economic and non-economic damages. This can include medical expenses, lost income, as well as pain and suffering caused by the accident.

Hire a lawyer

Lawyers are incredibly important at every step of the accident-lawsuit process. Though television and movies have convinced the public that lawyers primarily litigate cases in court, the truth is that lawyers play a role throughout. They assist clients with evidence gathering, ensure that there are no problematic disclosures that could undermine the case, negotiate settlements, and implement legal strategies. Working with a lawyer early is also critical, as they will take steps to move your case forward in a timely manner, which avoids issues with legal deadlines.

Seek medical attention

The first priority after an accident is to obtain medical attention as soon as possible, given the circumstances. If you are seriously injured, you should not spend too much time loitering at the accident scene, for example. Instead, you should go to the nearest hospital or get an ambulance.

Delaying this can undermine your claims, as the defendant may try to argue that your delays worsened the injuries. They may also try to argue that your delays prove that the injuries were not that serious to begin with.

Collect evidence

If you aren’t “obviously” injured, then you can take a moment at the accident scene to collect evidence: taking photos of the crash and your injuries, getting the contact information of eyewitnesses, writing down notes, and more. This can be valuable for supporting your factual narrative in the upcoming dispute.

React appropriately as the case develops

As the case proceeds, you and your attorney will have to react and respond to the developments in the case. If the judge restrict the type of evidence that you can introduce, for example, then you’ll have to reconsider your overall legal strategy and how you’re framing the case arguments. Being able to react and respond quickly, efficiently, and effectively is important to the success of your claims.

Average Settlement for a drunk driving accident

There is no average settlement for drunk driving accidents in California that you should expect to receive for a drunk driving accident. Every case is different, and the circumstances surrounding the case will vary enough that an analysis will require quite unique considerations. However, a number of factors can be used to calculate the settlement amount that you’ll want to focus on. This number can of course be negotiated further with the opposing counsel.  

Bear in mind that settlement amounts are calculated on the basis of the uncertainty of potential trial litigation. If you are more likely to win at trial, and you have strong evidence of the damages you’re claiming, then the settlement amount will be proportionally higher. That’s how settlement calculations generally work.

Factors relevant to DUI accident compensation in a settlement

  • Fault
  • State and federal laws
  • Drunk driving damages and injuries
  • Circumstantial factors favoring one party’s perception

Fault

The more thoroughly you’re able to prove the defendant’s fault, the higher the settlement can be. For example, in some cases, the defendant simply cannot reject your arguments and has to admit fault. This can increase your settlement amount substantially. Bear in mind, however, that they can continue to push down the settlement amount by arguing that the damages are low.

In a personal injury lawsuit stemming from a drunk driving accident claim, establishing fault is a cornerstone. The clearer and more convincing the evidence of the other party’s fault, the stronger your claim becomes. In the context of drunk driving, fault often seems straightforward, as driving under the influence is a clear breach of legal and safety standards. However, the legal process requires concrete evidence to prove this fault beyond just the fact of intoxication.

Your lawyer will work to gather all necessary proof, such as police reports, breathalyzer results, and witness testimonies, to firmly establish the other party’s fault in the accident. The objective is to leave no room for doubt that the drunk driver’s actions directly caused the accident and your subsequent injuries.

Successfully proving fault in a drunk driving accident claim not only strengthens your case for receiving compensation but can also influence the amount of damages awarded in your personal injury lawsuit. Remember, the burden of proof lies with you, the plaintiff, so meticulous and comprehensive evidence collection is vital.

State and federal laws

Laws can influence your settlement amount, as they describe the contours of your legal claim. If the laws support your claims, then the defendant will have a difficult time countering your assertion of liability and damages. Generally speaking, the more definitive the legal framework that supports your claims, the higher the settlement you’ll be able to negotiate.

Understanding the interplay of state and federal laws is crucial, especially in terms of insurance coverage in a drunk driving accident case. A proficient drunk driving accident lawyer will be well-versed in these laws and how they impact your claim.

For instance, certain state laws might dictate the minimum insurance coverage requirements and how these influence the compensation you can receive. Additionally, there might be specific state laws that allow for punitive damages in cases of gross negligence, such as drunk driving.

Drunk driving damages and injuries

The more severe your injuries, the larger your damages amount will be and the higher your settlement that you can negotiate. Do bear in mind that a damages claim must be accompanied by strong evidence. If you do not have the evidence to support your damages claim, then the defendant will be able to counter with their own assertion, which is likely to be much lower.

In cases involving impaired drivers, the extent of damages and injuries often dictates the progression and outcome of your personal injury case. Legal representation plays a crucial role in accurately assessing and presenting these damages.

A lawyer specializing in such cases will thoroughly evaluate the impact of the injuries sustained — ranging from physical injuries to psychological trauma. This comprehensive assessment includes immediate medical expenses, long-term care costs, lost wages, and even the potential for future earnings loss, which can be significant in cases of severe injuries.

Your legal team will compile medical records, expert testimonies, and other evidence to build a strong case highlighting the extent of harm caused by the impaired driver. This is vital, as the severity of the injuries and the associated costs directly influence the compensation you may receive.

A skilled attorney understands how to present these damages effectively in your personal injury case, ensuring that the court or the insurance company comprehends the full impact of the accident on your life. It’s through this detailed and strategic presentation of facts that legal representation can substantially affect the outcome of your claim against an impaired driver.

Circumstantial factors favoring one party’s perception

Many circumstantial factors can influence how the jury would perceive one or both parties. For example, in a drunk driving accident, the drunk driver may try to paint themselves as likeable and “not that bad” by explaining that they were just buzzed at the time of the accident, not drunk.

You can and should counter these attempts to tip the scales of perception. In this instance, you’d want to make it clear that buzzed driving is drunk driving, and that violating the legal limit for alcohol is sufficient for a DUI accident claim.

How a car accident lawyer can help

Drunk driving accidents can be overwhelming. If you’ve been injured by a drunk driver, then you may be entitled to sue for damages. These cases can involve a lot of unforeseen complications, however, so you’ll want to speak to an experienced car accident lawyer for guidance. A car accident lawyer can handle all aspects of the case, from helping you gather evidence, to developing a legal strategy, to negotiating a settlement, and litigating the case at trial.  

Ready to speak to an attorney? Call us at 1-800-THE-LAW2 to connect to an attorney in our network. Consultation is free and confidential, so don’t delay!

FAQs — Drunk Driving Accidents

If I Get Injured at Work, Can I Sue My Employer?

In this article, you’ll find answers to common questions about what to do when you are injured at work, or get hurt on the job, Workers’ Compensation, and what to know when considering “If I get injured at work, can I sue my employer?”

Additional Topics Covered:

Workplace injuries are surprisingly common across America. According to the Bureau of Labor Statistics, there were 2.8 million injuries in private industries alone in 2022 and 5,190 fatal injuries in the year 2021.

If you’ve been injured in the workplace, then you could be left reeling with a variety of different losses. This can be overwhelming and difficult to recover from. Fortunately, the law does provide several paths to justice and recovery. Perhaps most important among the available options is that of workers’ compensation benefits.

Examples of Damages Recoverable in a Lawsuit

Examples of losses from work-related injuries are:

  • Wage loss
  • Medical expenses
  • Disability issues
  • And more

Which Situation Qualifies an Employee for Workers Compensation Coverage?

Workers’ compensation benefits are paid out to employees who are injured on the job, or who suffer injuries linked to their job duties. These benefits are critical for many employees, particularly those in riskier professions. Let’s take a closer look.

Do I Qualify for Workers’ Compensation Benefits?

Despite the name, workers’ compensation benefits are not available to all workers. Typically full-time, part-time, temporary, and seasonal employees, are covered by worker’s compensation. Some states even extend this coverage to student workers, interns, and apprentices.

For instance, certain job types like domestic workers, agricultural workers, and volunteers often fall outside the scope of workers’ compensation. To avoid any confusion, it’s always best to refer to your state’s specific regulations for the most accurate information.

Even if you’re considered an employee, simply having a work-related injury doesn’t automatically guarantee eligibility. The injury or illness must occur during your employment and directly result from your job duties. This includes a wide range of situations, such as:

  • On-the-job accidents: Slips, falls, machinery malfunctions, and other sudden events.
  • Repetitive stress injuries: Conditions caused by prolonged strain, like carpal tunnel syndrome from typing or back pain from lifting heavy objects.
  • Occupational diseases: Exposure to chemicals, asbestos, loud noise, or other hazardous materials over time.
  • It’s important to remember that being prompt is essential. In most cases, you need to report your injury to your employer quickly and adhere to state-specific filing deadlines to ensure your claim is valid. Additionally, the severity of your injury may impact your eligibility, with specific minimum disability requirements. 

If you’re an independent contractor, dealing with work-related injuries can present unique challenges. Since you wouldn’t be covered by workers’ compensation, you may need to explore alternative avenues to ensure some level of protection. 

Assuming you can prove that the employer was negligent, reckless, or engaged in intentional misconduct, then you can sue them and hold them liable for your injuries without workers comp. Also, these damages may even be greater than your would-be workers’ compensation benefits.

What Is the Advantage of Workers’ Compensation?

Well, for one thing, you get to avoid the hassle of a workplace injury lawsuit. But more importantly, workers’ compensation benefits are paid out even if your employer wasn’t at fault for your injuries. 

If you have a slip-and-fall accident while working and hurt yourself, even if it wasn’t anyone else’s fault, you are still entitled to recover workers’ compensation benefits! That’s an enormous advantage for situations where you have suffered a loss, yet no one else is to blame.

Workers’ Compensation benefits are valuable, of course, but they are still limited in certain ways. For example, workers’ compensation benefits do not cover pain and suffering damages and other such losses. Instead, these benefits cover wage loss and medical expenses. You may be wondering, “Can I sue my employer for pain and suffering?”

Typically, if you get hurt at work, you can’t sue your employer, whether it’s for workers’ compensation benefits or afterward. It’s also challenging to sue the insurance company due to legal limitations.

To pursue such claims, like emotional stress, you would need to initiate a personal injury lawsuit and provide evidence that your employer was at fault.

Can You Sue If You Accept Workers’ Compensation?

If your employer offers workers’ compensation, you generally can’t sue them for a workplace injury, regardless of whether you choose to take those benefits or not. Employers tend to have workers’ comp insurance to protect themselves from work injury lawsuits and ensure that their employees can get care for work-related injuries or illnesses.

If you accept workers’ compensation but another party is to blame for your workplace injuries, you may have a legal recourse.

After an Injury at Work, What Are Employer Responsibilities?

In most states, employers are required to have workers’ compensation insurance. Even if a company has just one employee, they still need some form of workers’ compensation coverage.

Employers should also comply with laws and respect the rights of injured employees. If a serious injury occurs and medical attention is needed, employees should have the option to consult a healthcare provider.

Ultimately, it’s important for employers to ensure a safe working environment to prevent workplace injuries. If an employee gets injured, employers need to fill out an injury report to their workers’ compensation insurance provider.

When to Hire a Workers Comp Lawyer

Serious Personal Injury

In cases of severe injury, only having access to workers’ compensation benefits can lead to a lower recovery than if you had been able to successfully sue your employer or some other defendant.

The problem is that workers’ compensation laws shield employers from liability. If you’ve qualified for workers’ compensation benefits and got hurt at work, you can’t sue your employer for damages. However, there are exceptions that allow you to sue your employer and secure a larger compensation amount.

Facing a work injury can be overwhelming, especially with the pain and financial concerns. While workers’ compensation provides crucial assistance, navigating the system and securing maximum benefits isn’t always straightforward.

That’s where a skilled workers’ comp lawyer comes in, even if you don’t plan to sue your employer. The benefits include:

  • Lawyers maximize your claims: They understand all available benefits, like medical coverage, lost wages, rehabilitation, and disability payments. They ensure you claim everything you deserve, preventing missed opportunities.
  • They fight unfair denials: Insurance companies often minimize or deny claims. Lawyers can effectively challenge denials, maximizing your compensation.
  • They negotiate favorable settlements: Skilled lawyers can negotiate significantly higher settlements than you likely could alone, even without a lawsuit.
  • They protect your rights: Lawyers act as your advocate, ensuring fair treatment and protecting your rights every step of the way in the legal complexities of workers’ comp.
  • They reduce stress and allow healing: Let lawyers handle the legal battles, allowing you to focus on physical and emotional recovery.

Continue reading about Hiring a Workers Compensation Lawyer Made Easy

Should I Claim for an Accident at Work?

Employer Liability for Employee Actions

To sue your employer and take advantage of the exception, you’ll have to show that:

  • The employer’s misconduct caused your injury.
  • It was intentional or reckless misconduct.

For example, if you got injured at work, you can sue your employer if you can prove that they intentionally withheld protective goggles from factory workers in an effort to cut costs. Perhaps they knew that this would increase the risk of injury but did so anyway because of their new cost-cutting approach.

What Should an Employee Do If There is a Workplace Accident?

Workplace injuries can leave employees feeling confused about what to do next. When you get injured at work, here are the first three steps you should take:

  1. Contact a workers’ comp lawyer immediately. They will gather evidence, speak to opposing counsel, and ensure that all procedural requirements are met. Work injury attorneys are comprehensive advocates and are invaluable at every stage of a dispute.
  2. Preserve records of the injury. Make sure to save all medical documentation, work documentation, and even pay stubs. These all form an important part of your claim.
  3. Do not accept a settlement until you have consulted an attorney. Insurance companies and your boss will always attempt to minimize their liabilities. If you don’t have an attorney advocating on your behalf, they will try to push harder for a quick resolution that undermines your claims.

Find a Workers’ Compensation Lawyer Near You

If you’ve been injured in the workplace, then the law may entitle you to workers’ compensation benefits, and in some cases, damages through a lawsuit. Work-related injury lawsuits can be challenging and complex, however, so it’s important that you secure the assistance of a work accident lawyer who can help you at every stage.

Here at 1-800-THE-LAW2, we operate a large network of attorneys, which includes experienced workman’s comp lawyers. It’s worth speaking to one of our network attorneys for guidance on how to proceed with your claims.

Contact 1-800-THE-LAW2 for a Free Consultation

Contact us today for a free and confidential consultation. Get connected to one of the attorneys in our network in 10 minutes or less.

Additional Questions on Workers Compensation and Workplace Accidents:

Reporting Unfair Treatment at Work | Employment Discrimination Lawyer

All employees in America have the right to do their job in a safe environment, free from unfair treatment at work. Unfortunately, not all employers live up to this expectation. Instead of providing equal treatment in the workplace, employers often disrespect and discriminate against their employees. At times, they overlook qualified employees for promotions, and even, engage in sexual or workplace harassment.

It’s important to understand that these actions are unacceptable, and possibly illegal. If you experience harassment or discrimination in the workplace, then you may have a claim for damages under law.

Let’s take a closer look at mistreatment at work and how to report your job for unfair treatment.

How do you tell if you are being treated unfairly at work?

The scope and scale of unfair workplace treatment is vast. Any behavior that seems questionable, disturbing, or that makes you feel uncomfortable should result in an investigation.

Mistreatment, even by a colleague, is a common occurrence and a demoralizing experience. Thousands of employees everyday, face harassment, discrimination, and other illegal job-related actions across the United States. You don’t have to stay a victim. Take steps to report the issue and secure your rights under the law.

Examples of Being Treated Unfairly at Work

What is an example of unfair treatment at work? Unfair treatment at any place of employment can express itself in many different ways, from wage discrimination to gender inequality, favoritism, violence, workplace bullying, and verbal abuse. Signs of unfair treatment at work are:

  • Discrimination due to race, gender, age, disability, religion, sexual orientation, or any other protected characteristic
  • Spreading false rumors
  • Pay disparities despite equal qualifications and experience
  • Refusing reasonable accommodations for disabled employees
  • Any instances of sexual harassment
  • Punishing those who take parental leave by docking pay or terminating employment
  • Laying off older workers to hire new, younger employees at lower pay
  • Facing employer retaliation after resignation or reporting unfair treatment
  • Being wrongfully terminated without reason
  • Forced to work in unsafe conditions

What is Title VII of the Civil Rights Act of 1964?

Title VII of the Civil Rights Act of 1964 is a landmark piece of federal legislation that revolutionized workplace rights in the United States. This crucial part of the Civil Rights Act focuses on preventing employment discrimination and promoting equality in the workplace.

The Essence of Title VII

  • Prohibition of Discrimination: Title VII explicitly prohibits employment discrimination based on race, color, religion, sex, or national origin. This covers a wide range of employment practices, including hiring, firing, promotions, salary, and training opportunities.
  • Creating an Inclusive Work Environment: The Act was designed to create a more inclusive and fair work environment for all, ensuring that employees are judged on their abilities and qualifications rather than personal characteristics unrelated to job performance.

Enforcement and Compliance

  • Role of the EEOC: The enforcement of Title VII is primarily handled by the Equal Employment Opportunity Commission (EEOC). The EEOC investigates discrimination complaints, mediates disputes, and enforces the laws against workplace discrimination.
  • Legal Recourse: Under Title VII, employees who face discrimination have the right to file a complaint with the EEOC. If the EEOC’s intervention doesn’t resolve the issue, employees can pursue legal action in federal court.

Expanded Protections

  • Sex Discrimination: While Title VII originally prohibited discrimination based on sex, its interpretation of protected classes has expanded over time. For instance, it now includes protection against sexual harassment and pregnancy discrimination.
  • Religious Accommodation: Title VII also requires employers to reasonably accommodate employees’ religious practices unless doing so would cause undue hardship on the business.

Impact on Employers

  • Policies and Training: Employers are encouraged to develop and enforce policies that promote a discrimination-free workplace. Regular training and awareness programs can help in preventing violations of Title VII.
  • Liability for Discrimination: Employers can be held legally responsible for discriminatory practices, whether intentional or due to neglect in enforcing non-discriminatory policies.

Title VII of the Civil Rights Act of 1964 remains a cornerstone in the fight against workplace discrimination. It not only provides a legal framework for addressing grievances but also fosters a culture of equality and respect in the work environment. Understanding Title VII is essential for both employers and employees to ensure a fair, productive, and legally compliant workplace.

What do you do if you are mistreated at work?

Many workplaces have a formal complaint system for these issues. To ensure that documented evidence exists of a formal complaint, it is important to report any problematic actions that happen on the job. Usually, this step of reporting unacceptable or unprofessional behavior happens with your manager or Human Resources.

That being said, we encourage you to get in touch with a qualified attorney as soon as possible, even better if you do it before submitting the complaint. A labor and employment attorney can help you submit a well-documented report. Should the situation evolve into a lawsuit, you will then have a stronger case.

Document the Event

  1. If you received mistreatment, the first step is: document the event as thoroughly as possible. Record the date, time, details, and names of everyone involved. Do the same for subsequent cases, if and when they occur. Document the information during or directly after the event so the details are as accurate as possible.
  2. Next, save copies of memos or emails that exhibit illegal or unfair practices.
  3. To support your claim, the last step is: ask witnesses to record their observations of what happened to support your claim.

All additional evidence you gather can help your eventual legal case. It is not uncommon to file a lawsuit against an employer, so don’t be nervous. This is your right.

How to Report Your Boss for Unfair Treatment

File a Complaint with Human Resources (HR)

Report instances of unfair treatment to the Human Resources Department (or another authority figure in management). The formal letter of complaint should describe the event completely, but concisely. Stay on target and include only information relevant to the event. Alerting HR to the problem is usually a required step if you plan to later file a lawsuit.

How to Write a Formal Complaint Letter

In the formal complaint letter, you may:

  • Identify helpful actions that can lead to a resolution.
  • Refrain from making threats or getting angry.
  • Keep a calm demeanor and offer reasonable solutions where appropriate.

If the complaint ends up becoming a legal matter, any poor behavior on your part could be used against you. As such, it’s important to consult an experienced attorney for guidance before you file a complaint.

How to Report an Employer for Unfair Treatment

If you’re facing unfair treatment in your workplace, it’s essential to know the right steps to take to protect your rights. One effective course of action is to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces laws against workplace discrimination and can be a powerful ally in your quest for justice.

Understanding the Role of the EEOC

The EEOC’s main role is to investigate discrimination claims against employers. Whether you’re facing issues related to race, gender, age, disability, or any other form of discrimination, the EEOC can step in to assess your situation.

If your complaint escalates into a discrimination claim, the EEOC or your attorney can help you navigate the legal process. They can advise you on the likelihood of success and what to expect as your case progresses.

Remember, reporting unfair treatment is not just about addressing your personal situation; it’s about ensuring a fair and equitable workplace for everyone. The EEOC and legal professionals are there to help you stand up against injustice and seek the resolution you deserve.

File an EEOC Complaint

An employee that has been subject to any type of job discrimination or mistreatment may also file an EEOC complaint. The EEOC, or Equal Employment Opportunity Commission, accepts complaints filed in person or by mail with the nearest office. In addition to victims, witnesses of unfair treatment can also file a formal complaint.

Include the following information in your documentation:

  • Personal details of the person mistreated. Include their full name, number, and address.
  • Name and contact information for the employer the complaint is against.
  • Description of the unfair events and the dates they happened.

To prevent the situation from escalating further, speak up. If you feel like your complaint is not being addressed, or that you can’t speak with management at your work, talk with an employment attorney for legal advice on how to proceed.

Filing a Complaint with the EEOC

  1. Gather Evidence: Before you file a complaint, collect any evidence that supports your claim. This could include emails, witness statements, or any records of unfair treatment.
  2. Submit Your Complaint: The process of filing a complaint with the EEOC is straightforward but requires attention to detail. You’ll need to provide your personal details, information about your employer, and a clear description of the discriminatory events and their dates.
  3. Review Process: Once your complaint is filed, the EEOC will review it to determine if there’s sufficient evidence to proceed. They may conduct an investigation to gather more information.

How to Sue a Company for Unfair Treatment

While the EEOC plays a vital role, sometimes taking legal action is necessary. If you believe your case is strong, consulting with an employment attorney can provide you with additional options and strategies. An attorney can guide you through the complexities of employment law, help you understand your rights, and determine the best course of action for your situation.

Not all situations that are “unfair” are actually illegal. So, it is important to know what is employee mistreatment is within Employment Law and At Will Employment.

For example, you were passed over for a promotion or assigned to a different shift. These events are frustrating, but they do not necessarily qualify as discrimination. 

At Will Employment States

Not all states are at will employment states. For those that are, employers can fire employees without notice or reason. Some exceptions apply, like if an employer violates an employment contract or state or federal employment statute.

Regardless if the state is California, Texas, or another state, there’s some behavior that employers cannot express. One example of this is: discrimination based on protected characteristics. Your state may include additional protections beyond federally mandated requirements, so it is important to know the laws in your state. To learn your state’s labor laws, read compliance guidelines and ask the appropriate authorities questions.

Contact Our Experienced Labor Attorneys for a Free Consultation

If you’ve faced unfair treatment in the workplace, you should seek the counsel of an experienced employment and labor attorney to discuss your concerns. A lawyer will be able to help you decide whether you should file a lawsuit and assess the likelihood of success.

Experienced attorneys also have the knowledge and expertise necessary to advise you on the best course of action. They can guide you through the litigation process, help collect necessary documentation, and improve your chances of winning the lawsuit.

Know your rights and don’t settle for being mistreated.

Call 1-800-THE-LAW2 for a free and confidential consultation with an attorney in our network. We’ll connect you in just 10 minutes or less.

How to Prove Retaliation in the Workplace | Labor and Employment Attorney

In the American workplace, you have a right to complain about unlawful or illegal activity. Many people hold their tongue because they fear the consequences. In fact, this right protects you from many of the consequences you fear. Your rights protect you from dealing with retaliation in the workplace from your boss.

That’s right. Your employer cannot do anything about it. If they try to punish you for it, then you can sue pursuant to a “retaliation” claim. If your employer chooses to take action against you for reporting harassment, mistreatment, discrimination or the like, you could have a retaliation case on your hands.

It isn’t enough to state that you are experiencing harassment in the workplace. You must provide documentation and show proof.

How do you prove retaliation in the workplace? You should consult a lawyer to help you gather evidence and discuss your legal options. An employment lawyer can help evaluate a retaliation case. They will assist you in documenting and providing evidence to support your claim.

Topics and questions this article will help you to answer:

  • What is workplace retaliation
  • What makes a strong retaliation case
  • Evidence to support your claim
  • Documentation needed to defend retaliation claims
  • Signs of retaliation at work
  • How to document retaliation at work
  • Find an Employment Lawyer to Help in a Retaliation Claim

What is Workplace Retaliation?

Retaliation in the workplace is defined as an employer that takes adverse actions against an employee who:

  • Reported an incident
  • Served as a witness
  • Participated in an investigation about an unlawful employment practice

What are the key elements that constitute retaliation?

Protected Activity

Filing or participating in the complaint process.

Adverse action

Includes promotion denial, reduction in benefits or pay, threats, and harassment.

Causal Connection

Evidence an employer took an action against the employee who reported the incident.

Retaliation in the Workplace: Examples of Retaliatory Behavior

There are many different ways in which an employer can retaliate against an employee. Some of the signs of retaliation at work are:

  • Termination
  • Demotion
  • Layoffs
  • Constructive discharge
  • Withholding promotions
  • Blacklisting
  • Transfer to an inconvenient work location
  • Negative change in duties or work responsibilities
  • Denial of OT
  • Denial of PTO
  • Decrease in compensation
  • Denial of benefits
  • Threats and intimidation
  • Formal reprimands
  • Creation of a hostile work environment
  • Written or online harassment

Some workplace environments can be toxic, which pushes employees to take outside legal action. This is especially important if the employee faced retaliatory action for reporting unlawful behavior. Post retaliation, the employee should speak to a lawyer who can evaluate their case and guide them on next steps.

A labor and employment lawyer meets with a client

What Makes a Strong Workplace Retaliation Case?

In order to succeed in proving retaliation, you’ll have to prove the following:

  • You experienced harassment or discrimination
  • You reported the unlawful behavior to HR
  • Your employer engaged in an adverse employment action as a result

Whether your original claim of harassment or discrimination was “true” is irrelevant. All that matters for retaliation is that your employer punished you for complaining or reporting those problems.

Putting together a strong case requires documentation needed to defend retaliation claims, including:

  • What occurred
  • When it happened
  • How long it’s been going on
  • Who was involved, and
  • The outcome

How to Prove Retaliation in the Workplace in California: Evidence

The evidence you can provide in a workplace retaliation case is key to advancing your legal claim in California. To help substantiate the claim, you will need as many documents as possible. They will also help to connect the dots for your lawyer, and for the opposing side, too.

Evidence varies, but to help support your workplace retaliation case, consider the following:

  • Emails
  • Voicemails
  • Text messages
  • Witness corroboration
  • Notes and letters
  • Recorded conversations

When it comes to recordings, be careful. In some jurisdictions, it is illegal to record people without their consent. You’ll want to consult your attorney about what evidence you can use, and what evidence will have to be “thrown out.”

Prove Workplace Retaliation Through Documentation

Once you suspect you may be a victim of workplace retaliation, document everything. Be certain you have documented the incident with your labor law and employment attorney.

Though a labor attorney can help with this process, make sure you have reported the issue to your employer and to the HR department. For example, you can file a complaint, send an email to HR, or involve a third party. Anything that will help to prove your case will be useful here.

Make sure your employer is aware of the situation. You should include them in emails and send them a copy of the report you are filing. Be sure to confirm that you have proof that retaliatory action was taken. 

Keep a Record of Everything

At some point, you may not have access to your work-issued laptop or other equipment. As such, it is useful to save a copy, digital or physical. 

HR departments have a responsibility to avoid unlawful behavior. That being said, if your claim goes unresolved, an employment lawyer can get you the legal assistance you need. An employee discrimination lawyer understands the repercussions of retaliation. They can make sure the behavior and activity no longer persists.

Find an Employment Lawyer to Help in a Retaliation Claim

If you are a victim of retaliation, then it’s a good idea to contact an experienced employment lawyer. An experienced professional can handle your case and help you attain the compensation you deserve. We encourage you to get started as soon as possible.

Contact 1-800-THE-LAW2 today for a free and confidential consultation. We will help you connect with an attorney in under ten minutes.

Can You Sue Someone for Lying About a Car Accident? | Auto Accident Lawyers

If you’ve been injured in a car accident, it’s likely that you’re considering whether you can actually sue someone for causing the accident. This might seem straightforward at first glance, but in reality, many defendants are “shady.” They hide information, twist the facts, and lie outright. So, can you sue someone for lying about the facts in a car accident case?

This can be extremely frustrating, as you might have already felt confused and overwhelmed by the prospect of a lawsuit. With the defendant lying about the car accident, it may feel like the case has become even more complicated. This isn’t an unreasonable reaction. After all, conflicting stories in a car accident requires a bit of extra work. Proving the “truth” isn’t always easy.

Fear not! Experienced attorneys can help. Defendants lie relatively often, so there are strategic tools in place to “suss” out the lies. If you’d like to learn more before speaking to an attorney, let’s explore the basics.

Why Do People Lie About Car Accidents?

Though it may seem like the answer is obvious, it’s important to break this down: why do people lie about car accidents?

At a basic level, defendants lie to avoid liability. In a lawsuit, liability can lead to a significant damages payout, so defendants will often do whatever it takes to ensure that the court doesn’t find that they are at-fault. By twisting the factual narrative around the case, the defendant may be attempting to create a new story that paints them in a favorable light.

There are a number of avenues for the defendant to twist the narrative — for example, the defendant could lie to police at the scene of the accident, and those lying statements will be recorded in the police report. In many cases, the defendant isn’t considering the lawsuit when making false statements. When dealing with police, these false statements are made to avoid ticketing, fines, or an arrest.

There are some things that are hard to lie about, like the evidence at the scene of an accident: vehicle damage or skid marks, for example. But other things, like injuries, recollections of the accident, and timeline of events can be problems if the other party to the accident is being dishonest.

If you’re trying to sue someone for injuring you in a car accident, this lying can make you feel frustrated, even overwhelmed. After all, you might not know how the defendant’s lies are going to impact your case, and how to counter the lies. Well, don’t worry! Experienced car accident injury attorneys are very familiar with handling false statements by defendants, and understand how to draft probing investigative questions to reveal the lies.

What Happens If You Lie About a Car Accident?

If you lie about a car accident, your version of events will be scrutinized against available evidence. Discrepancies can lead to your claim being dismissed, legal penalties for fraud, and loss of credibility. Evidence to prove the truth may result in serious consequences, including denial of insurance claims.

What Happens If A Car Accident Witness is Lying?

If a car accident witness is lying, their credibility is jeopardized once the truth is uncovered. Their false testimony can lead to legal consequences and hinder the investigation process. It may also impact the outcome of insurance claims or legal proceedings related to the accident.

What if Someone is Lying About a Car Accident? How the Lie Can Impact Your Case.

Okay, so we know that people often lie about the details of a car accident to try and minimize their role in causing it. At this point, it’s not unreasonable to think: can you sue someone for lying?

The answer is no — but that doesn’t mean it isn’t useful. The defendant’s lies can give you a strategic advantage.

See, lying about a car accident doesn’t create a lawsuit by itself. If you can prove that the defendant lied, however, it can “enhance” your case (i.e., easier to undermine the defendant’s narrative, access additional damages, etc.).

In a typical car accident dispute, one of the major challenges is proving that the defendant is liable for your injuries. In other words, proving that they are at-fault. The defendant may attempt to avoid liability by painting a favorable version of the factual narrative. This may include exaggerations and lies.

If you can point out discrepancies, there are two major impacts: 1) the court may determine that the defendant’s conduct is egregious enough to justify bonus punitive damages (which can increase your compensation significantly), and 2) it will be much easier to undermine all other statements made by the defendant, as the court will be less likely to believe them.

What Happens if Someone Lies About Injuries in a Car Accident?

When involved in a car accident, honesty is crucial, especially when reporting injuries to insurance companies. However, sometimes, one party may be lying about injuries in a car accident. This dishonesty can have significant legal implications, particularly when lying to an insurance company about an accident.

Lying About Injuries

  • Impact on Claims: If a driver is lying about the extent or existence of injuries in a car accident, it can complicate the insurance claim process. Insurance companies are adept at investigating claims and can often detect discrepancies or falsehoods in reported injuries.
  • Consequences for the Liar: If it’s discovered that a person is lying about their injuries, they could face serious consequences. This could range from the denial of their insurance claim to legal actions taken by the insurance company, including the demand for reimbursement of any compensation already paid.

Other Driver Lied About the Accident

  • Challenges in Proving Liability: If the other driver lied about the accident details, it might create challenges in establishing liability. This is where accident lawyers become invaluable. They have the expertise and resources to uncover the truth, collect evidence, and counter false claims made by the other party.
  • Role of Personal Injury Lawyers: Personal injury lawyers are skilled in dealing with cases where a party is lying about accident details or injuries. They work closely with medical professionals and investigators to ascertain the true extent of injuries and gather evidence to support your claim.

Insurance Companies and False Claims

  • Insurance Fraud: Lying to insurance companies about injuries or accident details can be considered insurance fraud, a serious offense that can lead to criminal charges.
  • Investigation by Insurers: Insurance companies often conduct thorough investigations into accident claims, especially when there is suspicion of false reporting. This could include medical examinations, analysis of accident reports, and scrutiny of any discrepancies in the driver’s story.

Lying about injuries in a car accident is a serious matter with significant legal repercussions. Whether you’re dealing with another driver who lied about the accident or you suspect fraud in injury claims, it’s crucial to have professional legal representation. Experienced accident lawyers and personal injury lawyers can navigate these complex situations, ensuring that your rights are protected and that justice is served in the face of dishonesty.

Ready to Sue Someone? Call 1-800-THE-LAW2 for a Free Consultation

If you’ve been injured in a car accident — whether or not you believe that the defendant is lying about the facts — you should speak to an experienced attorney about your case.

Call our team at 1-800-THE-LAW2 to connect to a qualified car accident attorney in just 10 minutes or less. Consultation is free and confidential, so there’s really no downside to having a conversation.

We look forward to assisting you.

What Happens When Someone Accidentally Slips in a Store and Hurts Themselves?

When a customer slips, trips, or falls and gets an injury in a parking lot or store, there is a potential legal claim. Under the law, that injured shopper may be entitled to sue and recover significant damages.

But how does a personal injury claim work? Let’s take a closer look.

Is a Store Liable for a Customer Injury? If I Slip in a Store, Can I Sue?

Store Liability for a Slip and Fall Accident

Property owners and proprietors, or store operators like landlords, have a legal responsibility to maintain the premises in a reasonably safe condition for patrons. If the establishment is unsafe in any way and contributes to you getting hurt, then you have a right to sue and recover damages for injuries. One example of this is a slip and fall injury from a wet floor in a grocery store.

The right to sue and recover after an accident applies in every jurisdiction in the United States. Though state laws may vary somewhat, the fundamental principles of slip and fall cases are the same.

Causes of Slip and Fall Accidents That Could Also Be Examples of Store Negligence

Slip and fall accidents happen due to a variety of factors, including:

  • Liquid spills with no sign warning, like wet floors
  • Traction less, smooth flooring
  • Defective flooring, like broken tiles and so forth
  • Failure to install railings
  • And more

Such conditions can significantly increase the risk of bodily injury or personal injury due to a slip and fall. If you encounter any of these, the store owner or property operator may be at fault for failing to maintain the premises in a reasonably safe condition, also known as premises liability.

When Is a Business Liable for the Harm of a Customer?

Awareness of the Safety Issue

In slip and fall cases, the company or store owner may try to avoid premises liability and argue that they were unaware of the slip and fall hazard. In other words, they could argue that they had no reason to believe that there was any danger.

Your attorney can counter this defense argument by showing that the defendant either “was” actually aware, or “should have been” aware of the hazard. Property owners and property operators, for example, a landlord, have a responsibility to conduct regular inspections of the premises. In doing so, they discover that there is a hazard. Once they discover the hazard, they can either fix it, or put up a warning sign to prevent shoppers from getting injured.

The frequency of inspection varies from store to store, depending on the industry. For example, a grocery store has to be inspected more frequently than a furniture department store. Failure to inspect frequently enough to discover the hazard before a visitor is harmed can give rise to liability, and it’s also negligence.

In store negligence cases, determining what happens if you slip and fall in a store hinges significantly on whether the store was aware of, or should have been aware of, hazardous conditions leading to accidents occurring.

For instance, poor lighting in an aisle can obscure a spill or an uneven surface, significantly increasing the risk of a fall. In such scenarios, if an accident occurs due to this lack of visibility, the store could be held liable for not maintaining safe conditions.

These cases often revolve around whether a reasonable effort to identify and rectify such hazardous conditions was made. If a store fails to conduct regular checks or ignores reports of potential dangers, such as poor lighting or spills, they can be found negligent. 

The key factor in these incidents is the store’s knowledge and response to the unsafe conditions. If it is proven that the store was aware, or reasonably should have been aware, of the hazard and did not take appropriate action, they can be held responsible for any injuries sustained as a result of their negligence.

What Are the Elements of Vicarious Liability?

Suppose that one of the store employees failed to conduct a proper inspection, and that’s why the floor was wet and wasn’t cleaned. In turn, the spill caused you to slip and fall and you hurt yourself.

In this example, the employee is technically at-fault, because they committed negligence. However, the store can also be held liable, due to vicarious liability.

Thanks to vicarious liability law, an injured plaintiff can sue an employer for the negligence of their employee. In the case of the wet floor, the employee was negligent in inspecting the premises. Though it isn’t technically the store’s fault that you slipped and fell, they can be held legally responsible for your injuries and the negligence of their worker.

What Happens If You Hurt Yourself in a Store?

What To Do If You Are Injured in a Store

After a slip and fall accident, you may be confused about what to do next. Don’t worry; it’s actually quite simple. Here are the steps to take after an accident:

If needed, call 911 and seek medical attention right away. Then contact an experienced slip and fall lawyer as soon as possible. They will first evaluate your case. If it makes sense to move forward, they will work with you to gather evidence, develop an argument, and push for a positive resolution, like compensation.

Gather and preserve evidence. If possible, take photos of the accident scene, and keep copies of all documentation that is associated with the accident. An example of this is a police report.

Avoid negotiating a settlement with the store or its insurance company without the help of an attorney. They will attempt to undercut your claim and minimize their overall damages.

Can You Sue a Store for Injuries Caused by a Slip, Trip or Fall?

What happens if you are injured in a store? If you’ve been injured in a slip, trip, or fall accident, then you could be entitled to significant damages as compensation. At times, the law is confusing and overwhelming, and this is especially true for first time plaintiffs who have no experience of the litigation process. We’re here to help.

If you’re injured in a store due to a slip, trip, or fall, it’s essential to understand your legal rights. Retail store negligence settlements often cover a range of compensations, including for pain and suffering, medical bills, and lost wages. When you are injured in a store, the law looks at whether the store or store manager neglected their duty of care in maintaining a safe environment.

This duty of care means that the store must keep the premises free from dangerous conditions that could cause harm, such as wet floors without warning signs or uneven flooring. If these conditions cause an accident, the injured party can sue the store for negligence.

For example, if you slip in a store and sustain injuries, you can potentially sue for compensation. This compensation is not just for medical expenses but can also include pain and suffering caused by the injury, any lost wages due to the inability to work, and other related costs. A personal injury lawyer can help you understand the specifics of your case and guide you through the legal process.

They will work to prove that the store’s negligence led to the dangerous condition which caused your injury. The lawyer will also negotiate with the store’s insurance company on your behalf to ensure you receive a fair settlement that covers all your damages.

Sustaining an injury in a store due to negligence can lead to a legal claim against the store. It’s important to document the incident, report it to the store manager immediately, and seek legal advice to understand your rights and the potential for a retail store negligence settlement. A personal injury lawyer will be instrumental in guiding you through the process, representing your interests, and helping you recover the compensation you deserve for your pain, suffering, and other losses.

Call 1-800-THE-LAW2 for a Free Consultation and to Speak With a Qualified Slip and Fall Attorney Near You.

Call 1-800-THE-LAW2 for a free consultation with an experienced slip and fall accident attorney in our network. There’s no cost, and no commitment. If you decide that you’d rather not move forward with your case, that’s ok!

So get in touch today and we’ll connect you in just 10 minutes or less. Get a legal team working on your side.

What Is a No-Fault Accident?: What it Means and How to Protect Yourself

If you’ve been involved in a car accident, then you might have heard that your accident is covered by the no-fault system. This can be confusing for many people. After all, we mostly understand that an accident can lead to a lawsuit against the defendant, but what is a no-fault accident, and what does it entail? In a no-fault accident, who pays?

No-fault accidents aren’t as complicated or confusing as they might seem at first glance. In fact, they provide foundational compensation in almost all cases! That being said, we do encourage you to contact us at 1-800-THE-LAW2 for further guidance. We’ll connect you to an attorney in our network for a free consultation to evaluate your claims and advise you on next steps.

If you’re still curious about the intricacies of no-fault accidents, continue reading to learn more.

What is a no-fault accident?

Following the average car accident, an insurance company must determine which driver was “at fault.” The insurance company of the individual determined to be at fault is responsible for covering the damages.

We consider an accident “no-fault” when the compensation does not depend on the determination of fault.

In no-fault accidents, your personal insurance provider will be responsible for paying for any hospital bills, medical expenses, or fees associated with post-accident rehabilitation. Drivers will receive compensation for associated medical expenses regardless of who caused the accident. Benefits might also cover lost wages as a result of the accident, funeral expenses, and certain replacement services.

You are most likely to experience a no-fault scenario in one of the ten no-fault states.

What is a no-fault state?

In the United States, a small minority of states impose a system known as “no-fault.” In accordance with this system, if you get into an accident, you’ll have to turn to your own insurance policy for compensation.

Which states impose the mandatory no-fault system?

A minority of states follow the mandatory no-fault system. In these states, you must turn to your own car insurance coverage for a recovery, no matter the fault of the driver. The ten current no-fault states are as follows:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New York
  • North Dakota
  • Utah

Beyond that, only three jurisdictions employ a hybrid system. In the hybrid system, you can choose between the different options, no-fault included. These jurisdictions are Washington, DC, New Jersey, and Pennsylvania.

In scenarios where there’s a serious injury, the cost of damages will likely meet a minimum threshold. This will allow you to move forward with a traditional car accident lawsuit and sue the defendant for damages. We’ll discuss this further below. All to say, there is almost always a way to get the compensation you really deserve following an accident.

Circumstances vary, however, so it’s worth talking to an attorney about what steps make the most sense for you.

Who pays for car damage in a no-fault state?

It is crucial to note that, in no-fault scenarios, benefits do not cover the damage to property. In such cases, the driver deemed technically at fault will be responsible for the damages.

In designated no-fault states, licensed drivers must carry property damage coverage. If your car or other property is damaged in an accident, you will need to file for compensation through the other driver’s insurance. This is a fairly standard process, and a car accident attorney can easily help.

What is a No-fault Insurance Policy?

No-fault insurance policies are often referred to as personal injury protection or PIP policies. They tend to provide minimal coverage. If you are licensed to drive in a no-fault state, you must have a PIP policy to own and operate an automobile.

If you sustain a less-than-serious injury (i.e., no-fault applies), the minor injury losses will be fully covered by your PIP benefits. In this way, no-fault protects you, so you won’t have to pay minor medical bills out of pocket.

A woman makes a telephone call after an accident

What happens in a no-fault accident if you have sustained serious injuries?

In a minor “not at fault” collision claim, you can recover most of your losses through your insurance policy. Minor injuries may require a little more effort. Luckily, in No Fault accidents, you have pathways toward achieving the compensation you deserve.

In such instances, consider working with an attorney for proper assistance. They can advise you on how to proceed with a lawsuit.

Is there any way to bring a car accident lawsuit in a no-fault state?

Yes, it’s possible under certain circumstances, and in fact, it’s advised in many cases. If you’re involved in a no-fault car accident, then, in order to bring a lawsuit, you’ll have to qualify for one of the exceptions.

There are two primary exceptions:

  1. The accident resulted in a “serious injury” as per the legal threshold or
  2. The accident led to medical expenses that calculate above the legal threshold.

We’ll briefly clarify what these two exceptions entail below.

What qualifies as a serious injury?

Even in no-fault states, those who suffer serious injuries are fully entitled to sue the defendant-driver and obtain compensation.

Definitions of seriousness vary from state to state, but as a general rule, a serious injury involves significant or permanent disruptions to bodily functions, disfigurement, and other similarly severe damage. Disabilities that last as short as three months often qualify as serious. In most cases, you are free to pursue a lawsuit against the defendant if the medical expenses (linked to the accident) are greater than a specified threshold amount. This amount can be as little as $3,000 in some states, so the threshold is quite low.

In many car accident scenarios, the exception will apply, giving you the freedom to pursue a lawsuit.

In the state of New York, for example, a fracture injury is enough to qualify as “serious” for the purpose of a no-fault exception. In these cases, you can and should sue the defendant for excess damages, and will usually be successful.

What should you do if you get into a car accident in a no-fault state?

If you get into a car accident in one of the no-fault insurance states, there are a number of steps that you should take. Some of these steps are universal to all car accident scenarios, while others are specific to the no-fault dynamic. When considering what to do, be aware that your circumstances should determine your choices.

The general steps to follow are as follows:

  • Secure emergency medical attention
  • If not severely injured, jot down eyewitness contact information
  • Avoid extensive discussion with the driver who hit you
  • Avoid discussion with the insurance companies until you have hired an attorney
  • Cooperate with law enforcement, though it’s better if you have an attorney
  • Hire an attorney
  • Evaluate your damages
  • Submit your no-fault insurance claim
  • If your damages are not fully covered by no-fault insurance, explore options for a lawsuit
  • Negotiate a settlement to secure compensation funds
  • If a fair settlement is impossible, move forward with litigation

We understand that it can be overwhelming to deal with. That’s one of the many reasons why it’s worth working with an attorney at an early stage.

Experienced attorneys provide both advocacy and guidance. They will give you clarity on next steps and will work closely with you to ensure that your best interests are protected along the way.

What if you get into an accident while traveling in a no-fault state?

If you are licensed in a state without no-fault benefits, you likely do not have PIP insurance. What happens if you get into an automotive accident in a no-fault state? 

In such cases, the no-fault system still applies. As an insured driver, you have coverage nationwide. As long as you have the legal minimum automotive insurance required by your home state, you can claim no-fault benefits after an out-of-state accident. This should be the case even if your existing insurance policy does not include no-fault benefits.

If you get into an accident while traveling in another country, the situation is more complex. Always consult legal counsel for assistance with complex legal scenarios.

Does a no-fault accident go on your record?

Yes, it will. In a no-fault state, you’ll have to submit a claim for reimbursement with your insurance company to obtain compensation. This claim for reimbursement will go on your driving record, whether or not you were actually at fault for the accident.

Bear in mind that the record for a car insurance claim is not permanent. Depending on the state jurisdiction and the severity of the accident, the claim will go on your record for anywhere from two years to five years or more. If possible, it’s worth talking to an attorney about how the claim will impact your driving record and what sort of consequences you may face as a result.

Contact 1-800-THE-LAW2 for a Free Consultation Today

If you’ve been injured in a car accident, then you may have a right to sue and recover compensation under the law. Pursuing compensation isn’t always straightforward. There are twists and turns and barriers to overcome. Certainly, the insurance companies and your legal opposition aren’t going to pay without some strategic back-and-forth first.

We encourage you to take these important steps towards recovery alongside a trusted attorney.

Contact 1-800-THE-LAW2 to get connected to an experienced car accident attorney in our network. Consultation is free, and there’s no obligation to continue if you decide that it isn’t the right path for you. However, do be aware that all claims have a deadline, so it’s important that you contact us for an attorney as early as possible.

Minimize Chat End Chat
Chat