Legal Question in Personal Injury in Washington
Personal Injury and resulting job termination
I was injured in a car accident in Jan. 2003 which resulted in injuries to my head, neck, and lower back. The other driver admitted fault. I am having difficulty finding a personal injury attorney due to the complexity of my medical condition prior to this accident. Additionally, I was terminated from my position as a cytotechnologist due to excessive absenteeism. Some of this absenteeism resulted from illnesses of my minor children and some from personal illnesses and for treatment of my injuries. I had worked for the hospital for only six months and therefore did not qualify for the FMLA act. Do I have any recourse against my former employer? Also, I am no longer able to operate as a cytotechnologist because of my back injury. May I be compensated for my lose of vocation and need for retraining? I have currently applied for disability and this decision is pending. I have not worked since my termination. The seriousness of my injuries where discovered after my dismissal and a change in vocation was suggested by a specialty surgeon. How should I proceed? And do I have personal jurisdiction in Oregon, or must I pursue an action in Washington where the accident occured? Thanks, Lisa
3 Answers from Attorneys
Re: Personal Injury and resulting job termination
Ordinarily, to answer your last question, you'll probably have to proceed in Washington, since the accident was there. BUT, it doesn't mean you have to file anything yet. A lawyer (who could be an Oregon lawyer, or even an Oregon lawyer who is licensed in WA as well -- and there are more like that now, since the recent relaxed reciprocity laws for lawyers in OR, WA and ID) would typically FIRST try to settle your claim, after your doctors decide you're medically stable.
I would ENCOURAGE you strongly to continue to try to find a lawyer. Because you have those pre-existing medical conditions (which you don't discuss -- this is obviously a significant factor, as to the nature and extent of the pre-existing problems, and related issues), it's all the more reason you should be represented.
Please note that the WA statute of limitations for claims such as this one is THREE YEARS. This just means that if you haven't already settled your claim by the three-year anniversary of this accident, then in order to preserve your claim beyond that date, you have to have a proper lawsuit filed in the appropriate court by that anniverary date. If not, you'll likely be barred from making a claim beyond that date.
Best of luck to you!
Sam Hochberg
Attorney at Law
Re: Personal Injury and resulting job termination
I do not handle this type of case, but I know that the Kafoury firm does take cases like this and has lawyers licensed to practice in
Washington. Try 503-224-2647 or [email protected].
Re: Personal Injury and resulting job termination/addendum
I replied to your message previously, but I was essentially just referring to the MOTOR VEHICLE claim, and NOT any sort of "wrongful termination" claim. I think when you posted your question, you categorized as an accident claim, which of ourse it is.
To get more information about the EMPLOYMENT LAW CLAIM you may or may not have, including the correct STATUTE OF LIMITATIONS for that claim, you need to re-post your question in the LawGuru service, with it categorized as an employment claim. We don't handle employment cases in my firm, so I'm not the one to give you advice on THAT portion of your claim.
Best wishes for a successful conclusion to your claims.
Sam Hochberg
Attorney at Law
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
