Personal Injury FAQ
Determining the value of an insurance claim after an accident or injury depends on several factors such as the extent of your medical bills, whether you have lost wages, whether you will incur future medical expenses, as well as non-economic damages like pain and suffering, emotional distress, disability, and disfigurement. Most times, we can assess the value of your case after a free, initial consultation.
If you miss work as the result of an injury, that loss can become part of your insurance claim. In addition, if you later have a diminished or impaired earning capacity due to your injuries, that claim can potentially be made as well. However, lost wage claims are typically very complex. Specific legal documentation from your doctors, as well as your employer, will be required to successfully recover wages from insurance companies.
You have no legal obligation to speak with the insurance company’s adjuster, regardless of how much pressure they put on you. Insurance companies want you to voluntarily discuss your claim with them rather than consult with an attorney, because the adjusters are trained to elicit as much information from you as possible for their own purposes.
Studies have shown that insurance settlements for people represented by an attorney are MUCH higher than those who negotiate insurance claims on their own. At a minimum, you should consult with a personal injury attorney to discuss the merits of your claim prior to speaking with the insurance adjuster.
An automobile insurance claim can be “filed” by simply calling the insurance company and giving them details about the accident. However, insurance companies will almost always record these phone calls. They will document your answers and attempt to use the information against you later, if possible. You should be aware that most adjusters are trained and incentivized to finalize your car accident claim as quickly and cheaply as possible.
Our law firm has a network of relationships with a variety of medical providers in Texas. These medical providers for our clients will typically agree to have their medical bills paid later from the proceeds of the insurance settlement through a letter of protection. Treatment now, payment later – however, medical providers will normally only agree to this arrangement if they have written assurances from a good accident lawyer that future payment for their bills will come from the settlement proceeds.
Unfortunately, most insurance companies will not agree to pay for medical bills directly. And if they do, they will attempt to limit the amount of medical treatment allowed. To make matters worse, many doctors are unwilling to treat patients that have been involved in car accidents, even if the patient has health insurance! This leaves many people in a tricky situation.
The best personal injury attorneys have a network of doctors that will agree to see their clients without the need for health insurance or other payments up front. Most cases are accepted on what is known as a letter of protection from the attorney’s office. This letter sets up a binding, legal payment agreement whereby the doctor agrees to treat the patient, in exchange for a promise that the bill will be paid later from the settlement with the insurance company.
As an employee in Texas, you have rights. Coupled with those rights are responsibilities. Both are meant to make sure that work environments are safe and productive for everyone. Sometimes, though, things happen. An issue arises. If your rights are violated in any way or if an employee fails to uphold their obligations, you may have legal action to compensate for any damages you suffer.
But oftentimes, it’s understanding whether or not you have a right to file a claim. Many people fail to file a claim because they fear for their job. These are things you should not have to worry about. What’s more, you should be compensated when you suffer damages. At Javier Perez Law, our employment law attorney based in Dallas handles a wide range of employment issues. Contact us at 214-499-0667 to schedule a phone consultation and to know whether or not you can take legal action for harm suffered by an employer or co-worker.
All employees have basic rights. What those rights are can vary by state, but there are some that are the same across the board. Employees have a right to work in an environment where they are not discriminated against or harassed due to their race, religion, national origin, age, disability, color, sex, or genetic information.
As an employee in Texas, you also have the right to:
- Minimum wage
- Overtime
- Proper classification of your position
Under the Occupational Safety and Health Administration (OSHA), you also have the right to:
- Safe and healthful workplaces
- Protective equipment free of charge, where appropriate
- Information (like chemical hazards, workplace injuries, exposure data, etc.)
- Training, where appropriate
- File a complaint with OSHA to request an on-site OSHA inspection
Federal and state laws establish rights and implement systems to address violations of rights. Always speak to an employment law lawyer in Dallas if you work in the area and believe your rights have been violated.
An at-will employee is an employee that is free to leave their place of employment at any time for any reason, or for no reason whatsoever. Most states recognize at-will employment, although there may be special state-specific rules that govern the process.
If, however, you signed a written employment contract, you are more than likely not an at-will employee.
Whether or not your employer can fire you for any reason, or no reason at all, depends on whether or not you are an at-will employee. If you are an at-will employee, your employer can fire you for any reason except where it is unlawful. For example, they are not allowed to fire you due to your race, sex, religion, or disability.
If, however, you signed a written employment contract, the employer may only be able to terminate your position based on the terms and conditions of the contract.
Again, as this is an area of law that can be state-specific, it is best to speak with an attorney if you believe you were illegally terminated.
Determining whether or not your termination was wrongful can be a complicated task, and the rules for determination vary by state. Most at-will employees can be terminated without reason. Wrongful termination is different from unfair termination. Wrongful indicates the employer did something unlawfully.
Are you a member of a protected class? For instance, what is your ethnicity, national origin, religion, or gender? Are you pregnant? Are you over the age of 40? Do you have a disability? If fired because you are a member of one of these classes, you may have been wrongfully terminated. The next task is to be able to prove it.
On the other hand, if you are terminated because your boss favors another person, there were personality conflicts, or you posted something on social media that your boss did not like, these things do not constitute wrongful termination.
In short, the answer is yes, your employer may require that you work overtime. Each state deals with mandatory overtime in its own way, but the federal guidelines from the Fair Labor Standards Act (FLSA) do state that it is allowed. The employer must pay no less than 1.5 times the regular rate of pay. There are no limits to the number of hours an employee over the age of 16 can work in one week.
The FLSA does not require meal or rest breaks. As such, their availability really depends on state laws, and those vary widely. For meal breaks that last longer than 30 minutes, most employers do not pay for that time period. For rest breaks of less than 20 minutes, most employers will pay for that time period.
The answer to this question depends on a few different factors. The Family and Medical Leave Act (FMLA) does provide employees with up to 12 weeks of job-protected leave per year. This time is uncompensated, and there are several requirements that must be met, including that the employee must have worked with that employer for at least 12 months.
There are other requirements, too. Plus, the FMLA only applies to companies of a certain size (50 or more employees).
You must receive payment in full for the time that you worked. In some states, your employer must also pay you for any accrued vacation days.
When you receive your last paycheck depends on your state. Some states require the last paycheck to be delivered immediately, other states require the issuance of the paycheck within a few days, and other states allow up to 21 days.
A month, however, to receive your last paycheck is too long. If you believe your employer has wrongfully withheld your last paycheck, you should contact your state’s labor department or even the federal labor department. An attorney can assist you with this as well.
Your employer cannot legally retaliate against you for complaining about work-related discrimination. However, they may still discipline you or terminate your employment for reasons unrelated to the complaint.
If you feel like your employer is retaliating against you for the discrimination complaint, you should first speak with a supervisor or a human resources representative. If this does not resolve the issue, you can address your concern with your state’s fair employment agency or the Equal Employment Opportunity Commission (EEOC). An attorney can also advise you on your best course of action in these or other situations.
When an employee suspects that there is misconduct or fraud occurring within their place of employment, and they report this activity, they are known as a whistleblower. When this occurs, employers often seek to retaliate against the employee by having them fired or transferred. Because of this, federal and state laws have been enacted to prevent retaliation against whistleblowers.
A whistleblower claim is a formal complaint exposing or describing certain types of alleged fraud or misconduct.
CONTACT AN EMPLOYMENT LAW ATTORNEY IN DALLAS TODAY
If you believe your employer has violated your rights under federal or state law, our employment law lawyer in Dallas can review your case and advise you of any legal action you can (and should) take. At Javier Perez Law, we uphold the rights and interests of our clients and work toward making sure employers do the same. Contact us using our online form or call us at 214-499-0667 to schedule a phone consultation today.