If you lost your job due to an accident or injury in Florida, you may have options for recovering compensation. Your termination can cost you your livelihood, and you shouldn’t have to suffer through that. The replacement of your lost wages is only one of the potential outcomes of a personal injury case.
Whether you choose to pursue a claim or lawsuit against the negligent party, you could recover damages with the help of a personal injury attorney from our firm. We are here to help you get your life back.
Benefits Could be Available Through Your “No-Fault” Insurance Coverage
If you were injured in a motor vehicle accident, one of your primary options for recouping your lost wages is through a no-fault insurance claim. Florida is one of a few no-fault states. In these states, motorists generally must file a claim with their own auto policy to recover compensation following an accident.
This is different from fault states, where motorists have a right to pursue a civil lawsuit against the person or entity that caused the accident. In Florida, your first option for your lost income—whether you lost your job or not—is through a claim on your personal injury protection (PIP) policy. This type of no-fault insurance is mandatory under state law, and every driver is required to carry a minimum level.
Your PIP claim could cover both past and future lost wages, but the compensation you recover might be substantially less than the pay you normally bring home. These policies will only provide you with up to 60 percent of your lost wages. When the courts calculate wages under these circumstances, they look at an individual’s average income for 13 weeks prior to the injury.
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You Could be Entitled to Pursue a Civil Lawsuit Against the At-Fault Party
There are different scenarios where you might be able to file a personal injury lawsuit and recover compensation for your lost wages. This is an appealing option in most cases, as there is no cap on the amount of lost wages you could recover.
You Have the Right to File a Negligence Lawsuit in Many Cases
There are many situations where you could file a lawsuit against the negligent party following a serious injury. If you are forced out of your job due to injury, your civil lawsuit could provide replacement wages.
A lawsuit is an option in most cases other than work-related injuries and some motor vehicle collisions.
There Are Limited Circumstances That Allow You to File a Lawsuit After a Motor Vehicle Accident
Because of the state’s no-fault insurance system, a civil lawsuit is not an option for some people after a car accident. The good news is that if you were hurt badly enough that you lost your job, your injuries might entitle you to ignoring the limitations of the no-fault insurance system and filing a lawsuit against the negligent party.
In a no-fault system, you can file a lawsuit if your injuries are considered serious. Serious injuries include broken bones, death, the loss of a fetus, or the short-term inability to meet your own basic needs.
The Lack of PIP Coverage Could Cost You Your Personal Injury Lawsuit
There is a specific exception to the rules regarding personal injury lawsuits that could have a negative impact on your personal injury claim. If you did not have PIP coverage at the time of your accident, the law will prevent you from taking advantage of it with a personal injury lawsuit.
Generally, personal injury lawsuits have a maximum recovery that is higher than a PIP claim. Under the law, your lack of PIP coverage will limit your personal injury claim to what you would be entitled to through PIP. That means you are capped at 60 percent of your wages if you take your case to trial.
Let’s Discuss Your Legal Options After Losing Your Job Due to Injury
If your injuries led to your termination at work, the party that caused your injury could be on the hook for your financial damages. We can determine who is responsible for your injuries and hold them accountable. You could have different options for compensation, including filing a PIP claim or suing the other party for damages. The team at Bogin, Munns, and Munns could review your case and help you understand all your options.
Our attorneys could advise you on whether you qualify to pursue a civil lawsuit directly or not. We would handle the entirety of your case while you focus on your recovery, as your health is most important. We will obtain all necessary documentation and other forms of evidence to prove your injury. We will tirelessly advocate for you and fight for the best possible outcome for you. Call today for a free consultation.
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