News & Resources
Monthly Archives: January 2016
What is a Personal Injury, and when can I pursue a personal injury claim?
A personal injury involves any type of damage suffered by an individual, including damage done to their person or even their emotional state. This type of injury is usually distinguished from property damage. Damages relating to a personal injury claim may typically be pursued to the extent such damages have been caused by or may be attributed to the negligence or recklessness of a third party.
How can I determine whether I have a valid civil rights or discrimination claim?
Civil rights are personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by Congress, such as the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. Many states have also enacted their own civil rights and anti-discrimination laws. Civil rights include protection from unlawful discrimination, equal protection under the law, and rights to due process. Civil rights laws prohibit discrimination on the basis of protected classes, determined on the basis of race, color, national origin, disability, age, sex, and religion. If you believe that you have been discriminated against on the basis of a protected class, you may have a valid civil rights or discrimination claim. Many civil rights claims may first be brought before neutral fact-finding agencies or commissions that investigate allegations of discrimination. Our firm would assist you in your interactions with such neutral fact-finding agencies and work with you to make determinations regarding a filing of corresponding or subsequent court claims.
How much would I have to pay for your firm to handle a personal injury, discrimination or civil rights claim?
Tucker Law Group LLC typically handles personal injury, civil rights and discrimination claims on a contingent fee basis. This means that our firm would only recover legal fees in the event that you prevail on your personal injury claims. Accordingly, we select cases to handle on a contingent fees basis based upon our belief in the strength of your case. In some cases, you would be liable for court costs and other out-of-pocket expenses relating to any law suit. You would not incur any hidden costs in connection with your pursuit of a personal injury claim.
What types of personal injury claims does your firm handle?
The Tucker Law Group, LLC handles all types of personal injury cases, including claims relating to the following: Civil rights violations, Medical malpractice, Slip and fall incidents, Motor vehicle accidents, Spinal, brain and other significant injuries, Wrongful death. The firm handles all manner of civil rights and discrimination claims, and class action lawsuits.
Who can bring a wrongful death action?
A wrongful death claim represents a claim brought by one person in connection with the death of another individual due to the negligence or recklessness of a third party. The existence of a wrongful death claim is determined based upon state law. Some states require that wrongful death claimants be the decedent’s primary beneficiaries, including the spouse or children of a deceased individual. Many states permit parents to bring a wrongful death action, and other states allow dependents to bring wrongful death actions. In some cases, regardless of who brings a wrongful death claim, an award must be divided amongst the deceased’s heir in accordance with probate law requirements. In some cases, survivors may bring a direct action for loss of affection and companionship.
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.