Tag Archives: auto accident lawyer

What If I Lose My Job During My Injury Case? 

Personal injuries caused by an accident that was due to no fault of their own, can have significant effects on every aspect of a client’s life.  In many personal injury cases, these effects can include an impact on a person’s job or career.  The loss of a job means the loss of income for the injured person and those who rely on him/her.   Like every other item of damages associated with a traumatic injury, clients want to know whether wage losses or job losses are the types of damages that are available as part of a personal injury case.

Wage Loss And Accident Injury Connection

The key to whether such damages are recoverable in a personal injury case depends upon how much and what type of evidence you have which connects the wage loss to the injury.  For example, if you miss wages as a result of your personal injury (such as a car accident injury), then you must connect your injury or treatment to the wage loss. 

This can be done by showing the following:
1. Your medical appointments required an absence from work.

2. Your treating doctor restricted you from working and it is notated in a medical record. 

Either of these situations can be demonstrated by reference to the medical records or medical appointments. 

What About Job Loss Due To Injury?

Some clients not only miss wages as a result of their personal injuries but end up losing their jobs.  It may appear to be unfair that an employer in Florida can fire you for an injury that you did not cause.  Unless the injury was suffered while working (workers’ compensation injury), the employer has the right to terminate most employees for any reason, including their physical limitations that result from a traumatic injury.  Business owners can work with clients, but most will only tolerate absences and limited work performance for so long before they determine that it is no longer in their best interest to keep you employed.  

Obviously, if your employer can find some position that will allow you to continue your employment, that would be best for you.  If, however, your employer doesn’t have any roles that are less physically demanding  you may find yourself without a job and without an income while you are recovering from the injury. 

Proper Documentation And Proof Of Termination Due To Injury

Lose My Job During My Injury CaseIn order to be able to recover for wage loss associated with any personal injury case, you have to have evidence that connects your wage loss to the injury-causing event.  This means that your termination or resignation should be documented in a way that connects your injury to your inability to work.  These documents should reference a superior at your former employer so that you have not only a document as evidence but a witness that can be called to verify the basis of the termination/resignation.  Ideally, if you can coordinate your departure from employment while your injury case is pending, you and your personal injury lawyer can make it clear for evidentiary purposes. 

For instance, you and your personal injury lawyer can discuss the wording of the resignation letter or the termination notice and make sure that it references your absences since the injury, otherwise you would have remained gainfully employed.  

Mitigating Your Lost Wages

Once you are without a job, it is important that you just don’t give up on making money.  The law will require that you “mitigate” your lost wage damages.  Just like the law requires that you seek medical treatment for your physical injuries, the law also requires that you try and find a replacement source of wages.  This means only that you must make reasonable efforts to find a replacement source of income.  This does not mean that you have to find a job but it certainly means that you have to use reasonable efforts to find any job that you are physically able to do that could replace some of the lost wages. 

So, as you can see, losing a job while you are dealing with your personal injury case is not a simple business.  It is complicated and deserves the attention of a law firm that has professionals working for you and your family.  If you have questions about any personal injury matter, which would include a serious car accident injury, please feel free to reach out to zarzaurlaw.com or call our firm at 855HireJoe.

WATCH OUR YOUTUBE VIDEO ON THIS SUBJECT

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more.

Licensed in Alabama and Florida.

If you’ve been in an accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board-Certified Trial Lawyer who has the knowledge and experience to help you.

We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

The Best Way To Find An Auto Accident Lawyer After A Florida Car Wreck.

Auto accident lawyers seem to be everywhere you look these days. Auto accident lawyer billboards, auto accident lawyer television commercials, auto accident lawyer radio and internet ads, and all sorts of other auto accident lawyer-focused promotions.

But What Is The Best Way To Select An Auto Accident Lawyer For Your Car Wreck Case?

Not all auto accident lawyers are the same. Not all auto accident lawyers have the same background, experience, training, and reputation. When looking for an auto accident lawyer for your car wreck case, look for those who are board-certified in civil trial.

Board Certification Matters

The Florida Bar allows for lawyers to become certified in their area of expertise, but to do so, you must have plenty of experience and success in that area first. Then you are required to take a board certification bar exam. Once that is successfully completed, then your background and trial experience are analyzed by the Florida Bar Certification committee and you may receive certification. This certification lasts for 6 years, after which it must be renewed and you have to provide proof that you have continued to be engaged in this kind of work and that you still have a great professional reputation.

Again, the Florida Bar checks with judges and lawyers that have worked with you, and it will determine whether the lawyer’s board certification should be continued.

Only 1% of Florida Lawyers Are Board Certified In Civil Trial

One of the first ways that you should narrow the field of potential auto accident lawyers in Florida is to find those that are Board Certified in Civil Trial. Among the entire Florida Bar, that number is only about 1% of Florida lawyers. Each community in Florida has probably closer to 15% of the auto accident lawyers who are Board Certified in Civil Trial.


Here is a link to the Florida Board of Certified Civil Trial Lawyers listing >


The Lawyer You Hire Should Also Be The Lawyer Handling Your Case

What Should I Expect from my Personal Injury lawyerThen, once you have narrowed the list to just those lawyers who are board-certified, make sure that that particular lawyer will be the one actually handling your auto accident case. So, some firms will have a board-certified civil trial lawyer as part of their firm, but is that board-certified expert going to be handling your case or will your case be handled by some lawyer in the firm that is not board-certified?

Remember, pretty much all auto accident lawyers charge the same, no fee, no cost unless you win, so hire an expert to handle your case if you can.

Ask Questions

Meet the lawyer handling your case and ask them all the questions that you and your family have. If they seem unsure about some topic, then you should probably not hire that lawyer. In Florida, you can almost never go wrong (or too far wrong) if the lawyer handling your auto accident case is board-certified in civil trial. They are considered experts in the type of law that includes auto accident cases.

We here at Zarzaur Law have three board-certified civil trial lawyers handling auto accident cases. So, make sure your auto accident lawyer is also an expert, or hire one that is.

If you have questions about an auto accident lawyer or an auto accident case, you can find our auto accident lawyers on the web at zarzaurlaw.com or call us at 855Hirejoe.

WATCH OUR YOUTUBE VIDEO  >


Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >


Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Are Employers Responsible for Distracted Driving Accidents In Florida?

If the driver of a car, truck or other vehicle is using that vehicle on the job, then the driver’s employer could be liable for any injuries resulting from a traffic accident for which the worker was at fault. The same goes for any vehicle damage resulting from the accident. But the issue isn’t always as clear as it might seem.

A legal doctrine known as respondeat superior (vicarious liability) makes employers legally responsible under certain circumstances for the actions of negligent employees who cause injury to someone else.

In the past, with regard to crashes, this mostly meant suing the employers of professional drivers (truckers, taxi drivers, delivery drivers, etc.) or workers who were running job-related errands or traveling between two job sites.

Nowadays, this can include workers conducting in-vehicle video conferences, responding to work-related texts, taking client calls, firing off a work-related e-mail, etc.

Was the Driver ‘On the Job’?

Whether someone is on the job while driving is not always a simple question. In general, any time someone is performing any duties related to work, the person can be considered on the job even when he or she is also doing personal business and driving a personal car.

Was the Driver an Employee or an Independent Contractor?

Especially since the dawn of the so-called “side hustle” economy, it’s not always easy to sort out whether a worker is truly an employee of a given company. The differences between an employee and an independent contractor can seem vague from a practical standpoint, but it’s a crucial distinction in the eyes of the law.

Typically, if the person who caused your accident was working as an independent contractor at the time, there’s no company that will automatically bear legal responsibility (as an employer typically would).

But there can be a bit of a gray area in some instances (including accidents involving rideshare drivers) when a company provides insurance for its independent contractors. It’s important to consult with a Florida auto accident lawyer if you have been injured by a driver that is considered ‘On the job.’

Doing A Business Errand In Your Personal Car.

If your boss asks you to run an errand and drop off a package and you have a serious car wreck on the way, you are within the scope of employment since you are conducting business that benefits your employer. You are “On the job.”

However, if you stop at a drive-through after you have completed your work-related task and have an accident, your employer may not be liable.

WATCH AND LISTEN AS JOE ZARZAUR, BOARD-CERTIFIED CIVIL TRIAL LAWYER, DISCUSSES THIS TOPIC >

If you’ve been the victim of an accident caused by someone ‘On The Job’, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:
https://www.nolo.com/legal-encyclopedia/employer-liability-for-employee-car-accidents.html

https://dictionary.findlaw.com/definition/respondeat-superior.html