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ANSWERS TO YOUR COMMON QUESTIONS COURTESY OF SERRANO | MCGUIRE

Frequently Asked Questions

We know you have questions about the law, and we are pleased to provide answers. We bring our extensive knowledge and dedication to the practice of law straight to you with our frequently asked questions.

WHAT RIGHTS DO I HAVE IF I HAVE BEEN DISCRIMINATED AGAINST OR HARASSED AT MY WORKPLACE?

The Civil Rights Act of 1964 and Florida Statutes establish your right to work free from discrimination. The terms and conditions of your employment may not be compromised because of your disability, race, sex, marital status, color or religion. Similarly, your work experience should be free from any unwelcome harassment from supervisors and/or other co-workers.

WHAT DO I DO IF MY EMPLOYER REFUSES TO PAY ME FOR OVERTIME?

The Fair Labor Standards Act sets basic minimum wage and overtime standards and mandates that employers compensate employees fairly. If an employer refuses to issue overtime pay as mandated by law, the employee has the right to pursue compensation by filing an unpaid wage claim. You should be aware that some employees are exempt from receiving overtime pay. You should consult with our attorneys to discuss your rights to receive overtime benefits.

CAN YOU GET FIRED FOR USING MEDICAL MARIJUANA?

Currently, there are no protections for employees that are fired or discriminated against because of their use of medical marijuana under federal or state laws. However, you may be able to pursue a claim for discrimination based on the disability for which you were prescribed medical marijuana. Call us at 813.929.4231 for a free case review.

CAN I BE FIRED FOR FILING A CLAIM WITH THE EEOC AGAINST MY EMPLOYER?

Briefly, an employer is prohibited from firing an employee for bringing a lawful claim under the EEOC. If you are terminated based solely on the fact that you filed an EEOC claim, you may have the right to seek reinstatement or lost wages. Contact our attorneys for a consultation.

WHAT RIGHTS DO INJURED PARTIES HAVE IN PERSONAL INJURY AND WRONGFUL DEAT CASES?

If the accident is caused by another party’s negligence, the victim (or their family) has the right to receive compensation for damages, including past and future medical bills, lost wages, and pain and suffering. Florida law provides protection for these rights, and victims should explore their options after an accident. You should consult with an attorney to explore your options so that you can recover for the full extent of your damages.

WHAT OPTIONS FO I HAVE FOR RESOLVING MY CASE?

There are multiple avenues for an injured party to pursue recovery after an accident. Your lawyers may negotiate a settlement with the at-fault party’s insurance carrier, or your case may be litigated to pursue a jury verdict or judgment. Many of the decisions regarding monetary resolutions are up to the client. Either way, a settlement cannot be reached until your lawyer knows the full extent of your injuries. Our firm is equipped with years of experience in litigating and trying cases. It is important to have the guidance of an experienced personal injury lawyer who is committed to helping you recover the maximum compensation possible.

WHAT IS THE MOST IMPORTANT THING TO DO AFTER AN ACCIDENT?

The first concern for someone injured in an accident is to seek medical care. In addition, an injured party must contact their own insurance carrier to report the accident. After these matters have been addressed, an accident victim should contact an attorney as soon as possible to discuss the ramifications of insurance and ongoing medical care. During the case, our firm deals with your and the at-fault party’s insurance carrier and collects evidence to dramatically improve your chances of receiving the maximum benefits available to you under the law.

HOW LONG WILL MY PERSONAL INJURY CASE TAKE?

The length of time that a personal injury case may take varies greatly based upon a number of factors. Accidents involving clear liability and severe injuries may resolve more quickly than cases where liability is disputed or prior injuries are involved. It is not uncommon for a complicated case to take several years to resolve. Although your attorney will work to resolve your case as quickly as possible, you should be prepared for circumstances beyond your attorneys’ control that may delay your case.

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Hannah D.

“Hiring Mike was one of the best decisions I made. Not only did he take care of my case very well, he made me feel as though he genuinely cared my well being and not just about how much my case was worth. If you’re looking for a PI attorney, you can’t get much better than Mike and his staff.”