Q: If I am involved in an accident, should I speak with a lawyer?
A: Yes. The laws regarding accidents and personal injury are complex. There may be multiple areas of law that come into play depending on what kind of accident or injury has occurred. Sometimes, without the benefit of consulting a lawyer, people can make uninformed decisions that jeopardize their rights. Mr. Borowinski is a professional, skilled in both prosecuting or defending matters. He can advise you and make confidential recommendations that are meant to protect your rights. Lawyers have specialized knowledge of the law and how it relates to particular facts. Insurance companies consult with lawyers, why shouldn’t you?
Q: If I have been involved in an accident at work, what are my rights?
A: There are three basic rights all injured employees may be entitled to: 1) medical treatment, 2) temporary disability, and 3) an amount of money to compensate the injured worker for that portion or part of the worker’s body that has been permanently disabled.
Q. If I have a personal injury or workers’ compensation case, do I have to pay an attorney fee up front?
A. No. Most personal injury cases are taken on what is called a contingency fee basis. That means the client does not pay an hourly rate for the work that the lawyer performs. The agreement calls for a fee or percentage calculated against the recovery after all costs have been reimbursed to either the attorney or the client. Workers’ compensation cases do not require an up-front fee either. In the event that the injured person recovers money, the attorney fee is either split by the insurance company and the injured worker (the fee is apportioned and subtracted from the money that is awarded in court) or is paid entirely by the injured worker (the fee is subtracted from the money that is awarded in court without a contribution by the insurance company).
Q: Can I bring a law suit against my employer or a private person for violating my constitutional rights?
A: No. Typically, private persons or entities cannot violate your constitutional rights. Violation of a constitutional right usually requires “state action.” State action may typically be attributed to police officers, government officials and entities. However, a typical employee can sue his or her employer for discrimination under the Conscientious Employee Protection Act, The Law Against Discrimination and the Federal counter parts to these state laws. These laws provide protection against racial, religious and gender discrimination, i.e. constitutional interests. In addition, there are a number of private causes of action that are intended to right private wrongs.
If you have any questions and want to speak with an attorney, please consider calling Mr. Borowinski at (848) 863-6622 or contact us by e-mail..