QUESTION

How should I know if I needed to hire a personal injury attorney?

Asked on Sep 04th, 2012 on Personal Injury - Florida
More details to this question:
I was hurt while working with a child with behavior needs. He hung off my neck, choking me. He hit, slapped, body rammed and verbally abuse me. He is calling me names and telling me how he was going to kill me. His voice changed and he had a look that scared me terribly bad. I have Post Traumatic Stress Disorder. I have been unable to do my daily living routine as well as return to work. I have a worker's compensation attorney. I am seeking a personal injury attorney as well per his advice. I want know how this works and what route to take.
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15 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You can have two attorneys working for you: one that handles the workers' compensation portion of your case and another that handles any claim against anyone other than your employer (your workers' compensation case is against your employer). These attorneys can work independently although it would make sense for them to share information and to discuss the cases as the workers' compensation cause does have an effect on the personal injury case. You do not have a personal injury case against your employer. An employee's only right to money for injuries against his or her employer is in workers' compensation. I cannot answer, with the information you provide, whether you have a personal injury case against the child that caused you injuries and threatened you. A lot would depend on your job and your job duties, his age, where the physical and verbal abuse occurred (such as his home or in an in-patient facility), his diagnosis and what his behavioral needs are as well as other information. If your job was to assist this child and he his behavioral problems are such that he does physically assault and verbally abuse people, you likely do not have a claim against him. His condition should have been known and expected. Again, while your employer may have been able to do more to protect you, that does not give you a personal injury case against your employer. With the information you provide I cannot identify any other person or entity you might have a case against. However, there could be situations in which you would have a personal injury case such as if you were sent to another facility, owned by someone other than your employer, to work with this boy and you were never told he could act out verbally or physically. You may want to talk to your current workers' compensation attorney and ask him or her what personal injury claim he or she thinks you might have.
Answered on Sep 14th, 2012 at 12:33 PM

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Ronald A. Steinberg
If this arose during your employment, you would have a workers compensation case. I doubt that you would be able to do anything about the child; he is obviously deeply disturbed and might require inpatient psychiatric care.
Answered on Sep 14th, 2012 at 12:32 PM

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WHO are you suing? Does kid have money? Parents? Just look in phone book.
Answered on Sep 13th, 2012 at 10:55 PM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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You need to consult a personal injury attorney and ask whether he will take your case. Normally, if you are injured on the job, your only remedy is to proceed with the workers compensation claim.
Answered on Sep 13th, 2012 at 9:29 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Apparently, your workers compensation attorney thinks you have a potential lawsuit against a third party who is not your employer as a result of this incident (based on the facts you give here, I cannot identify any liable third party, unless it is the child). You just need to find a personal injury attorney. Your workers comp attorney might recommend someone, or you could do a search on the internet for a PI attorney. Once you find a PI attorney he/she can advise you how to proceed.
Answered on Sep 13th, 2012 at 8:56 PM

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Your workers' compensation attorney should handle both cases to avoid it being a rush to the courthouse.
Answered on Sep 13th, 2012 at 8:42 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Worker's Comp is your only remedy.
Answered on Sep 13th, 2012 at 8:36 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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You have to start calling lawyers to see if you can get anyone interested in taking your case.
Answered on Sep 13th, 2012 at 8:22 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Your exclusive remedy is Workers Compensation.
Answered on Sep 13th, 2012 at 8:20 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should seek specific legal advice and direction from a plaintiff's personal injury lawyer.
Answered on Sep 10th, 2012 at 10:25 AM

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You're probably going to need to talk with a workers compensation attorney, if you were injured on the job.
Answered on Sep 10th, 2012 at 10:25 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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If it happened during your job, workers comp is all you can claim. Your lawyer can explain the reasons.
Answered on Sep 10th, 2012 at 10:25 AM

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Personal Injury Attorney serving Boston, MA
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This would be a civil assault and battery, where no insurance covers this type of action because it is intentional. You could try to sue the parents of this child for this intentional act, but it would be a difficult venture, and I doubt too many lawyers would be interested. If you want to pay an attorney hourly, you may find one interested in taking the case.
Answered on Sep 10th, 2012 at 10:24 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You voluntarily work with people with disorders and you claim a disordered child caused you problems? Who are you going to sue? You cant sue the child. And you certainly would arguably be said to have participated in the problem by volunteering to deal with a dysfunctional person. You can talk to a personal injury lawyer but I don't think you have much to work with. Ask your comp lawyer why he thinks you have a personal injury claim worthy of handling and if you are sure he thinks you do, have him refer you to a good PI lawyerof his recommendation.
Answered on Sep 10th, 2012 at 10:23 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Without knowing your geographic area, I would recommend that you ask your workers' comp lawyer to refer you to a good personal injury lawyer. I would be quite surprised if he or she can't direct you to one.
Answered on Sep 10th, 2012 at 10:22 AM

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