Legal Question in Personal Injury in Pennsylvania

Job Loss Due to Car Accident

I was to return to work after 11 weeks of family medical leave. I was in an accident which involved a dump truck that struck me from behind, while I was stopped at a red light. I cannot return to work due to a back and neck sprain and have therpy for the next month or two. The other guys insurance said they would cover my lost wages when I returned to work, but I have lost my job because my FML leave has run out. I currently have no income and no job to return to collect those lost wages. What am I to do?


Asked on 12/11/07, 10:28 am

5 Answers from Attorneys

Marc Daffner Daffner & Associates, P.C.

Re: Job Loss Due to Car Accident

The first thing that you need to determine is whether you have "full tort" auto insurance. There should be a notation on the first page of your policy as to your tort option.

If you DO have full tort, you can recover for pain and suffering as well as any financial losses. If you only have "limited tort," you are generally prohibited from recovering anything other than economic damages. As far as your job is concerned, it may be possible to project your income through the time that you are undergoing treatment and to recover that amount.

Your best option is to contact legal counsel in order to more fully understand your rights in this situation.

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Answered on 12/11/07, 10:41 am

Re: Job Loss Due to Car Accident

First of all, I offer you my sympathies for a difficult situation. As to your question, the first source of benefits may be from your own insurance company - your policy may provide a "no-fault" wage loss benefit. Your employer, despite not telling you about it, may have disability benefits for you as well.

You could also apply for benefits from the Commonwealth of Pennsylvania. As a last resort only, if you retain an attorney, there are plenty of groups out there that will lend you money in exchange for a lien against your lawsuit. The interest is often outrageous, but if you're in a real jam (especially this close to the holidays), then that's at least one more option for you.

If you have not yet retained an attorney, I would be happy to offer you a free consultation. In any event, good luck to you.

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Answered on 12/11/07, 10:47 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Job Loss Due to Car Accident

You were rear-ended by a dump truck? I'm not surprised at all that the truck's insurance company is trying to deal with you. Please contact our offices right away. I will put you in touch with a very reputable firm that does all automobile accidents. They can also help with your employment problem too. Give our offices a call or e-mail me directly and I'll give you their contact information. They never charge unless you recover.

-Danny Cevallos

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Answered on 12/11/07, 10:48 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Job Loss Due to Car Accident

1. If you have lost wage coverage on your own auto policy you should make a claim to your own auto insurer - but see below about hiring a lawyer

2. Trucking insurers are notorious for jerking people around

3. You really should not try to do this on your own- it's likely you'll mess up your claim. You should contact an experienced injury attorney before doing anything else!!!!. I have handled these types of cases for over 25 years. Please feel free to call me - there's no fee for a brief consultation. If I'm not located in your area I can get you in touch with an experienced injury attorney in your area. Good luck!!

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Answered on 12/11/07, 11:18 am
Richard Senker Senker Law Office

Re: Job Loss Due to Car Accident

The proper answer to your question (and the answers to the questions that you didn't ask but should have asked!) are too complex to write here. I think you need an experienced personal injury attorney (I'm biased!). Please visit my website (www.autocrash.biz) to learn more. Feel free to call to discuss your question (and the ones you didn't ask).

Richard Senker 1 866 AUTOCRASH (toll free)

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Answered on 12/11/07, 12:09 pm


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