Frequently Asked Questions
These FAQs are designed for personal injury victims of auto accidents, truck accidents, and victims of medical malpractice. Because truck accidents and medical malpractice litigation have issues that are unique to those types of personal injury cases, our lawyers have also designed frequently asked questions that are specific to truck crashes and malpractice.
What qualifies as a personal injury?
To have a meritorious personal injury case, your injury would have to be caused by another person or entity due to that person’s or entity’s negligence. If these parameters are met, the injured party may bring a civil lawsuit against the negligent party seeking money damages for the injury.
How much is my claim worth?
No online calculator can accurately determine the worth of your injury case. There are far too many variables to be considered. Were you in an accident? Did you slip and fall in a “Big Box Store”? Was your accident with a personal vehicle or a company’s fleet vehicle? Do you/they have insurance, and did you require treatment? What is your future prognosis? Is the injury permanent? Did you lose wages or the ability to work in the future because of the injury? These are all factors in determining case value.
Will my case go to trial?
In most instances, a personal injury case is resolved via settlement and does not ever make it to trial. Going to trial is unlikely. The cases that do go to trial are those where the plaintiff has suffered extremely serious or catastrophic injuries.
How will I pay my medical bills?
If you have auto and health insurance, they will help to pay for your medical expenses initially. Depending on who is at fault in your case, your attorneys will work to have the at-fault party’s insurance company pay for any and all medical bills incurred as a result of your accident.
Do you charge for your services?
At Scott & Wallace, we only charge a fee if we win your case. In fact, we also cover all up-front costs associated with your case and, if we are not successful for any reason, you will never pay us anything – no fees or costs.
How long does a personal injury case take to settle?
Cases that involve injuries where a full recovery is expected can usually be resolved in 3-6 months. More serious cases take longer, primarily due to the client’s extended road to recovery.
However, we have settled cases in just days. At the end of the day, we work hand in hand with our clients to do whatever we can to meet their expectations with their cases, including pushing their cases as expeditiously as possible towards a maximum recovery.
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Employment Law Questions
Should I file a lawsuit against my employer?
The short answer is: only if your employer has not taken your case seriously and has left you unable to recover without involving an attorney. Before making this decision you should consider the variables, including the evidence you have, your career and your motive. Should all of these be above board and you are still left unable to recover by your employer, we have many years of experience to help you navigate the complexity of employment law.
Should I talk to a lawyer before I talk with my employer?
Employment laws are complex and include deadlines and requirements that if missed, can complicate the process or worse leave you unable to obtain compensation. If you are considering filing suit against your employer, and have a legitimate claim, the best course of action is to contact a lawyer to help guide you through these complexities.
How do I know if I’ve been sexually harassed?
Harassment involves abuse such as stalking or degradation. When motivated by your sex, it is considered sexual harassment. This type of harassment is sometimes hard to discern. If you feel you are experiencing anything like this and your employer is not doing anything to resolve it, contact Scott & Wallace and we can help you to file a claim.
How do I know if I’ve been discriminated against at work?
Were you not hired in favor of a younger, less experienced person? Were you denied leave for your sickness or for that of a family member? Were you demoted or had your pay reduced without warning? Did you lose your job while other employees of a different race, religion, or those not suffering from a disability kept their jobs? If you answered yes to any of these questions, you may have been discriminated against. Contact Scott & Wallace to understand the tools you have to level the playing field.
What are the most common employment laws?
◦ The Fair Labor Standards Act regulates minimum wage. Your state’s minimum wage may not reflect the Federal minimum wage. Your employer is required to pay you the higher of the two.
◦ Discrimination due to your race, sex, religion or disability is prohibited. These rules are enforced by the Equal Employment Opportunity Commission. In order to be covered by these laws, an employer must an employee more than 15 employees.
◦ The Occupational Safety and Health Act provides exactly what the title describes. Your employer is required by law to provide a safe and healthy work environment. If you complain or object to employer practices that violate the Act, you may be considered a whistleblower in the event the company retaliates against you in response to your complaint.
◦ Family and Medical Leave laws require employers to provide up to 12 weeks of unpaid leave to employees for sickness in the family or caring for a newborn. The Act only applies to certain employers and employees, however. As such, it is important to determine whether your employer is subject to the FMLA and if you are covered by the act
What is not allowed during the hiring process?
Anything protected by discrimination laws, such as race, sex, or religion, should generally be avoided by interviewers. The only time your age should be in question is whether you are 18 or over. Other things that shouldn’t be asked by the interviewer are your marital status, whether you have or want to have children, your personal alcohol or drug use and your citizenship status. It is important to know that if you, as the interviewee, initiate a conversation about any of these topics, your interviewer can discuss them to the extent they fully answer your question.
What are my privacy rights at work?
In the digital age, the most common aspect of this question refers to any activity performed on a workplace-provided computer. When using a computer provided by your employer, there are almost no regulations. They can monitor any communications you have through these devices. Until regulations catch up with technology, if you feel your privacy has been violated, your best course of action should be to contact a lawyer. Scott & Wallace can help you to understand your rights based on your individual experience.
Do I qualify for maternity leave?
Unfortunately, there is no federal standard for maternity or paternity leave is the U.S. However, according to the Family Medical Leave Act, if your employer has 50+ employees and you have met the working requirements in the previous calendar year, you could qualify for maternity leave. Many employers have a pre-determined leave before hiring which you will have agreed to in order to obtain the job. If they do not and you believe you qualify for leave, contact Scott & Wallace to determine if you have a case.
Do I qualify for overtime wages?
According to the Fair Labor Standards Act, if you work over 40 hours in a given work week, all “extra” hours qualify for overtime wages. It is important to distinguish this from an agreement you may have with your employer to work nights or weekends which may not be included in overtime wages. Additionally, your hours must be kept on official record either by a clocking in digitally or by timesheet/card.
What is an “At-Will State”?
An “At-Will” state is one in which the employer can terminate an employee for any reason, at any time, so long as the reason was not motivated by discriminatory restrictions such as race, religion, or gender.