i was recently rear ended in a company vehicle and sustained personnel injury, my boss is wanting to file the vehicle damage, lost wages and my personnel injury as 1 claim, and I want to know what my rights are and if i can file my own claim
Your boss has a claim for property damage, you don't own the vehicle.
Get a good personal injury lawyer on this asap.
Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.
Car / Auto Accident Lawyer
Your boss is the owner of the vehicle so he has the right to make a claim for his property damage, loss of use, and possible diminished value of his vehicle. Your bodily injury claim for injuries, pain and suffering, wage loss, etc. is separate and distinct from your boss's claim. Contact a personal injury attorney to provide you with a free consultation so you do not mess up your claim.
If you were on the job, you should receive Worker's Compensation benefits if your employer has Worker's Compensation coverage. In addition, you (not your boss) will have your own claim for your personal injuries against the negligent driver. The Worker's Compensation insurance company will have a limited right to be reimbursed (called subrogation) for payments it makes to you if you get a settlement from the driver. All of these issues are complex and you should consult with a personal injury attorney to help you with your case.
Call Clark toll free for a free consultation on your TX, NM or AZ case. 877-565-6753. Harmonson Law Firm, P.C. accepts cases throughout TX, NM and AZ. No attorney-client relationship is established by S. Clark Harmonson / Harmonson Law Firm, P.C.'s reply to your query on AVVO. The reply provided is general in nature and should not be construed as specific legal advice under any circumstances. The only manner in which an attorney-client relationship can be established with S. Clark Harmonson / Harmonson Law Firm, P.C. is through a written fee agreement signed by S. Clark Harmonson / Harmonson Law Firm, P.C.
Car / Auto Accident Lawyer
The answer is "yes." Any injury to your body caused damage to YOU, so you are entitled to pursue that claim. Any damage to the car caused damage to your company's property, so the property damage claim likely belongs to the company. But the two claims are distinct: you can bring the former, and your company can bring the latter.
If you were hurt in the wreck, the first thing you should do is seek medical attention. Next, if you want to seek a recovery, contact a qualified personal injury lawyer to analyze and pursue your claim.
Insurance Law Lawyer
Your boss can file a claim for his property damage. Yo can file a claim for bodily injury. Speak with a personal injury attorney.
Get a local Mesa personal injury lawyer to handle your injury claim.
If you were in the course and scope of your employment, you may also have a worker's compensation claim, as well as the claim against the driver that hit you.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Campbell Law PC 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210
Don't wait for your employer to do anything. You should contact a personal injury attorney today.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
Personal Injury Lawyer
You have the right to pursue a personal injury claim as well as a workers compensation claim, assuming the person that rear ended you was not a co-worker. The worker's compensation insurance company will usually have a right to be reimbursed for the benefits they pay. The time limits for pursuing this type of claim is little tricky, so you would be wise to seek a free consultation with a personal injury lawyer to find out what you need to know.
This answer is for general education purposes only. It does not create an attorney-client relationship nor is it intended to provide legal advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
Personal Injury Lawyer
You can and should consult a personal injury attorney right away. Just as your boss/company has every right to recover for the property damage, you also have every right to take necessary steps to ensure full recovery for yourself.
Keep in mind that your interests and those of an involved third-party may not always be the same. To be sure that you obtain the result which is best for you, go have a free consultation with a personal injury lawyer who can represent your interests.
This answer does not create an attorney/client relationship.
Yes you can. The vehicle's owners has a claim for property loss, diminished resale value and potentially loss of use. The bodily injury portion of the claim is yours to assert. Now, since you presumably were in the course and scope of your employment, you must notify your employer who in turn must notify the Industrial Commission. Worker's compensation benefits may be available to you. Now, if the worker's compensation carrier pays any benefits on your behalf, those funds will have to be reimbursed. This is a whole new can of worms that does require the assistance of attorney. I would seek attorney representation ASAP.
John E. Kelly, Esq.
KELLY LAW TEAM, P.L.L.C.
1 East Washington Street, Suite 500
Phoenix, Arizona 85004
Telephone: (602) 283-4122