The Fair Labor Standards Act does not require an employer to pay an employee “double time” or “time and a half” for working on holidays. Additionally, an employee is not entitled to additional pay under the FLSA for weekend or night work. However, an employer can separately contract with their employees to offer this additional pay.
It could be a car accident on the I-10, a slip and fall in a grocery store, or an injury caused by a defective product—regardless of how you were injured, the steps you take immediately after and in the following days and weeks make a huge impact on your recovery. One of the best things you can do for yourself and your recovery is to speak with an experienced personal injury lawyer. If someone else was to blame for the incident that caused your injury, you are likely entitled to financial compensation for your resulting medical bills, lost wages, pain and suffering, and other damages. An attorney can help you fight for every penny you are worth, even when the insurance company fights back.
At the Law Office of J.J. Talbott, we help injured Floridians fight for the justice they deserve. We understand how a serious injury can put your future income and security at stake. Our goal is to maximize your settlement so that you can get the medical care you need, manage unexpected expenses associated with your injury, and move forward with your life.
Understanding Personal Injury Law
Personal injury is an area of civil law in which victims of negligent and wrongful conduct can take legal action against responsible parties. The individual bringing the claim, known as the “plaintiff,” has the burden of proof. This means that they are the one responsible for proving their case against the other party, known as the “defendant.”
Proving Your Case
To prove your case, you must first establish that someone else (the defendant) is “liable” for the various economic and noneconomic losses you have suffered as a result of your injury, which are collectively known as “damages.” Being liable means that they are legally responsible for paying for your damages.
Generally speaking, to establish liability and prove your case, you must prove each of the following elements:
- Injury: First and foremost, to have a personal injury case, you must prove that you were actually injured. An “injury” can refer to a bodily injury, an illness, or a medical condition.
- Damages: You must also prove that your injury led to measurable damages for which you can be compensated, such as medical bills, lost income, or physical and mental pain and suffering.
- Duty of Care: To establish liability, you will need to prove that the defendant owed you a “duty of care.” This means that they had some legal responsibility to prevent harm, either by taking certain actions, avoiding certain actions, or both.
- Breach: You must also prove that the defendant breached, or failed to uphold, the duty of care. In most personal injury cases, this involves proving that the defendant was somehow negligent or acted wrongfully or unlawfully.
- Causation: Lastly, you must prove “causation.” This simply involves proving that the defendant’s negligent or wrongful conduct was the proximate cause of your injuries and resulting damages.
Your attorney can help you prove your case by putting together relevant evidence, expert testimony, and information supporting your claim. At the Law Office of J.J. Talbott, we handle everything from investigating the claim to communicating with the insurance company so that you do not have to.
Am I entitled to “double time” or “time and a half” for working on holidays?
Am I entitled to mileage for driving back and forth to the doctor?
If an employee has a valid workers’ compensation claim, they are entitled to be paid mileage to and from all medical appointments. However, the employee must keep a list of the dates that they went to the doctor and the number of miles which they traveled.
This information should be submitted to the insurance carrier or your attorney who will submit it to the carrier on a regular basis. While medical mileage may not add up to a lot of money, it does help compensate the employee for having to drive to the doctor. Additionally, it keeps your workers’ compensation claim open. Please note that if you do not have a vehicle or you’re not able to drive, then the insurance company is required to provide you transportation, you just have to request it.
Am I exempt from the overtime requirements if I’m paid a salary instead of hourly?
Not necessarily. This is a common misconception held by employees and their employers. It is true that in order to fall under one of the white-collar exemptions as an executive, administrative or professional employee, you must be paid on a salary basis of at least $455 per week. However, there are other requirements in addition to the salary basis test. For each category of exemption, the employee must meet certain criteria to be exempt. See our page on Overtime Exemptions for more information.
Types of Damages You Can Seek in Your Personal Injury Case
In addition to holding the negligent party accountable, the primary purpose of filing a personal injury lawsuit is to recover compensation for your damages, or the losses you have suffered due to your injury.
There are two main types of damages in personal injury cases:
- Compensatory Damages: As the name suggests, compensatory damages are meant to compensate you for specific losses.
- Punitive Damages: Rather than compensate you for specific losses, punitive damages are intended to punish the defendant.
It is more common to recover compensatory damages than punitive damages, which are generally only awarded in cases involving egregious or gross negligence, misconduct, or willful/wanton disregard for the safety of others.
There are two types of compensatory damages:
- Economic: Economic damages are those that have a set dollar amount or value associated with them, such as medical expenses and lost income.
- Noneconomic: Noneconomic damages do not have a set dollar amount or value but, instead, are intangible in nature.
After suffering a serious accident or injury, you face more than just immediate physical and financial hardships; you also face significant and ongoing challenges that can affect you well into the future. When seeking a settlement from the insurance company, you must not only consider your current difficulties but also your future needs.
Unfortunately, the insurance company is not on your side. Even when it comes to paying a fair amount for your current losses, the insurance company will often try to lowball you—and they will rarely consider your future physical, emotional, and financial needs unless forced. Because of this, it is absolutely critical that you work with a personal injury lawyer who has your best interests at heart.
At the Law Office of J.J. Talbott, we truly care about the people we serve. We want to help you obtain a fair recovery so that you can get back on your feet. Our Pensacola personal injury lawyers are aggressive in advocating for their clients’ rights—we are not afraid to take on the insurance company, and we know how to win. You can trust us to be by your side every step of the way, fighting for you and seeking to hold the liable party accountable for the harm they have caused you and your family.
We help clients throughout Florida and in Alabama with all types of personal injury matters, including claims involving:
We also help those who were injured at work or suffered occupational illnesses fight for fair workers’ compensation benefits. If you have been temporarily or permanently disabled due to your injuries, we can also assist you in seeking Social Security Disability benefits.
Regardless of the complexity of your case, the Law Office of J.J. Talbott is ready to fight for you. We are passionate about seeking justice on behalf of everyday people who have had their lives forever changed by the negligence of others. To date, we have secured more than $100 million in settlements and verdicts for our clients. Our seasoned trial lawyers are not afraid of going to court if that is what it takes to ensure that you receive the full, fair amount you are owed.
A Lawyer Who Cares
Whether you’re one of the 250,000+ Floridians injured in an auto accident each year, or you’ve suffered an injury at work and your employer’s insurance company is not co-operating, the Law Office of J.J. Talbott can help get you the compensation you deserve. Founder, J.J. Talbott is among the 1% of trial lawyers in the United States who have won multi-million dollar verdicts and settlements.Meet J.J. Talbott
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