News & Resources
When would civil rights claims be appropriate for consideration by an Equal Employment Opportunity Commission, a state employment commission or any other administrative body, and when would I consider a court action?
Civil rights claims against the Federal government or any state or local government are often required to first be subject to the review of a neutral fact-finding commission, such as an EEOC. Otherwise, you may have the opportunity to have your claims subject to review by a government agency or commission, depending upon the defendant. We would assist you in making a determination as to an appropriate first course of action.
Why consult an attorney first?
An experienced attorney should always be consulted before you provide any statements or sign papers, and as soon as possible following your injury or an occurrence of discrimination. Any statements that you make, including statements provided to an insurance company, may be used against you during the course of any litigation. Additionally, claims must be filed in advance of any applicable statute of limitations, which may be as short as ninety days or one year from the date of the event constituting discrimination or causing the injury.
How long do I have to make a claim?
The time that you have to file a law suit is governed by a statute of limitations, determined under applicable federal or state law. In some cases, civil rights claims must be brought before an applicable fact-finding body within one hundred eighty days of the occurrence of an act of discrimination. Failure to bring a claim within an applicable statute of limitations period often constitutes grounds for an immediate dismissal of your claims.
What damages are available in a personal injury or discrimination case?
Damages recovered pursuant to a personal injury claim may include reimbursement of or recovery of medical expenses, lost income, lost earning capacity and compensation for pain and suffering. A plaintiff in an employment discrimination case may recover damages for back pay, front pay, and benefits, and also recover damages for emotional loss. In some cases, defendants can be liable for punitive damages. In either case, determining which damages may be recovered requires a careful examination of the facts and legal issues involved with each case.
How long will it take to resolve my claim?
The time it takes to resolve a claim depends upon the facts and circumstances relating to your case. The majority of cases settle in advance of trial; however, many cases take anywhere from three months to eighteen months depending upon their complexity. In case a matter goes to trial, after which it may be appealed, it may take a number of years before the matter gets resolved.
What if I do not live in Pennsylvania, New Jersey or Florida, or my claim arose in another state?
Tucker Law Group, LLC can assist clients with respect to matters brought in jurisdictions throughout the Northeastern United States. Additionally, the firm works in cooperation with other firms in connection with suits brought in various jurisdictions throughout the country.