Workplace Discrimination Lawsuits in 2022

When looking for more information about how much pain and suffering is worth in a car accident you have to consider the other parties involved. You may file a lawsuit with your own insurance carrier or the insurance carrier of the other party. Each insurance carrier has their own methods for calculating damages. There is no standard or required method for evaluating pain and suffering, which makes it very difficult to prove in court. This is yet another reason to get an experienced lawyer on your side immediately after you have been diagnosed with one or more medical conditions from an accident. Your lawyer can easily paint the picture of how the medical conditions have changed your life but you will also need to rely on them to make a compelling argument about your pain and suffering damages. Most insurance companies have internal computer programs looking at multiple factors to complete these calculations to answer how much pain and suffering is worth after a car accident. 

This means that the payment they suggest for you can vary significantly based on the specifics of your accident and the insurance company. This is an essential component of your personal injury case, for example, and you might have to be prepared to fight about it if they do not present you with a fair offer. Your lawyer should start looking at pain and suffering damages at the beginning of your case. 

Research from Northwestern University School of Law evaluated the factors that influence the end settlement amount to answer the question of how much is pain and suffering worth after a car accident. When an insurance company is involved in this calculation, some of the issues included caps within the individual policy or whether or not the person took on a pain and suffering insurance policy for supplemental coverage, a cost algorithm, the types of injuries, the severity of injuries, local laws that might influence this amount, and the medical treatment needed.

In general, there is no strict limit about the amount of compensation you can recover for pain and suffering damages. However, certain states do have damage caps based on the kind of case. Florida's medical malpractice damage cap is $500,000 for pain and suffering damages. 

You've probably missed time at work, you're dealing with medical bills and spent time in the hospital. Pain and suffering can help you to accommodate for the many ways that your life has been affected by this accident but only when you receive a fair settlement offer. 

One of the most important components of how much pain and suffering is worth after a car accident has to do with your lawyer's ability to negotiate. The insurance company might offer a settlement amount relatively early on in the process. If you have retained the right lawyer who has already done pain and suffering calculations on your end and someone who has represented other victims in cases like this before, it will be much easier for you to attempt to suggest and fight for a higher offer. There are two primary methods used to calculate pain and suffering methods. 

The first is known as per diem and the second is known as the multiplier strategy. The per diem method translates to per day in which your full economic damages like lost wages and medical bills are totaled and assigned a daily cost. The pain and suffering damages your lawyer fights for will relate back to this original amount. 

The multiplier amount, however, assesses a number from 1 and 5 to your non-economic damages based on injury severity. More serious injuries lead to a higher number. The total amount possible incorporates your base economic damages multiplied by the severity number. You often shouldn't accept the first settlement offer presented by the insurance company because this may not incorporate all of your possible pain and suffering damages. 

The lump-sum offer can seem very tempting at the moment when you're already grappling with all of the financial impacts of your accident but you need to take a breather in this moment and rely on the support of your knowledgeable personal injury lawyer to verify that you have considered all other aspects of your claim.

Now that you know your rights, you understand that you don't necessarily need to accept the first settlement offer presented by the other side. This is especially true if you believe that your pain and suffering damages are far beyond what the insurance company alleges or is willing to offer.

This certainty can seem beneficial in the immediate future, but if you waive your right to pursue any future lawsuits or claims by accepting the settlement offer, you might find out down the road that you could have obtained more money. Since you likely don't have experience in this area of the law, it is beneficial to retain a personal injury lawyer who does and who can help advise you about situations in which the insurance company is attempting to take advantage of you.

If you are unable to come to terms of agreement with the insurance company, you may have to pursue a civil claim as your best effort to recover compensation. This is when it becomes all the more important to have a personal injury lawyer who has handled cases like this before and one who is ready to fight for you. Your lawyer can also give you further information specific to your case about when it is in your best interest to seriously consider a settlement offer before fighting back. 

If you’re not sure what to do next, your lawyer can help. You deserve to know what you might expect to receive in pain and suffering, but remember that your lawyer can only give you a general idea and that this is not a guarantee of what you might get. Instead, it is your lawyer's recommendation based on the perception of your case with all of the evidence you've previously provided to them. You can also benefit from your lawyer's past involvement in cases like this to give you a good idea of what other victims have walked away with in terms of pain and suffering payments. Remember, however, that each case is unique. 

For more information about how to prepare for economic damages and some of the challenges you might experience in that process, contact the experts at Morgan & Morgan for a free case evaluation to get started on the road to recovery. Don’t let time slip by, as this could be valuable time to prepare your case. 

Workplace discrimination is when an employer mistreats a job applicant or employer because of their gender, race, color, sexual orientation, nationality, or disability.

Some workplace discrimination incidents might be so obvious while others require a deeper look. Keep in mind that many employers know it is against the law to discriminate against employees or potential employees. However, they still do it by using certain tactics that make it difficult for workers to tell that they are being discriminated against.

Common examples include:

Discrimination based on age:  A good example is when an employer pays a 40-year-old worker less than what they pay a 20-year-old worker to do the same work.

Discrimination based on religion: An employer bans employees from wearing turbans while on shift, despite knowing that some workers in the company wear turbans for religious reasons. The employer then fires employees who wear turbans for “violating” company policy.

Discrimination based on pregnancy: When an employer refuses to approve a pregnant employer's leave request and orders them to work until the last week of pregnancy or risk losing their job., this could be a form of workplace discrimination.

Discrimination based on gender: When an employer recommends only men for promotion, leaving the other junior positions vacant for women, even though there are women who qualify for the promotion, this could be a case of discrimination.

Discrimination based on race: You may have a valid workplace discrimination case if your employer refuses to hire your workers from your race because they are 'not as hard-working as their counterparts from other workers.

When an employer discriminates against you based on any of the reasons we discussed above, or even more, such actions will likely negatively impact your professional life. Some common effects of workplace discrimination include:

• Termination
• Reduction of hours of work
• Denial of employee compensation or benefits
• Denial of promotion
• Denial of use of company benefits of facilities
• Denial of employment opportunity

If an employer discriminates against you, you will need to prove the following:

• You were employed or hired by the employer when the discrimination occurred
• The employer took a negative action against you, such as denying you company benefits
• The negative action was as a result of your protected status, such as race, religion, sexual orientation, etc.
• You were harmed by the employer's discriminatory actions against you

It is important to know what to do if an employer discriminates against you. This is because the steps you take after such an incident could make or break your case, that is, if you plan on taking legal action against the employer. Consider the following steps:

Stay Calm

When an employer discriminates against you, you may be tempted to give them a piece of your mind. But this is not the time to fight back. That time will come later. For now, focus on collecting as much information as you can about the discriminatory actions.

Gather Evidence

Collect as much information about the discriminatory incident as you can. For example, if the employer made discriminatory comments, write down exactly what they said and then obtain the contact information of any witnesses. If they sent you an email notifying you that they took certain action against you, make sure you have copies of such emails.

Report the Complaint

All states have agencies responsible for addressing cases of workplace discrimination. Locate the appropriate state agency and file your complaint. The agency will investigate your complaints independently and attempt to resolve the issue.

Depending on the specifics of the case, the agency might also decide to take legal action against our employer. However, if you wish to sue your employer independently, you may need to obtain a right-to-sue letter from the agency you submitted your complaint to.

Contact a Labor and Employment Attorney

Next, contact a seasoned labor and employment attorney. The attorney will review the specifics of your case and decide the best legal pathway to take. Remember, when you have the right-to-sue letter, it means that the agency that issued the letter believes you have a valid case against your employer.

In other words, the letter gives your attorney the go-ahead to pursue other legal avenues on your behalf.

While getting fired by your employer could be a form of discrimination, it all depends on your employer's reason for making such a decision. It is important to note that not every action an employer takes counts as discrimination.

Here are some factors that can help determine whether you have been discriminated against:

Did the employer have a valid reason for taking action against you? And if the reason is valid, did your employer have a hidden motive? For example, suppose you were fired for being late for a day. In that case, this could be a case of your employer waiting for the perfect opportunity to terminate your employment without making it obvious that they are discriminating against you.

Did the employer treat other members who did not belong to your protected class differently? For example, did the employer treat American workers differently from immigrant workers?

Is your protected class underrepresented in the workplace? For instance, is there only one Hispanic-speaking worker compared to their English-speaking counterparts?

Did the employer follow company protocol and policies when they took action against you? For example, if they are required to hold a board meeting to discuss your conduct before making a decision about your future at the company, was such a meeting held, or did they just fire you without consultation?

Lastly, would the employer have treated you better if you did not belong to a certain protected class?

If you file a successful claim, you might be able to recover certain damages from your employer. These damages are known as remedies.

While the exact remedies will depend on your specific situation, the following are the most common:

Back Pay

The court might order the employer to pay you back pay. This is the amount you would have earned had it not been for your employer's discriminatory actions. For example, if your employer fired you as a form of workplace discrimination, you might be able to recover the wages you would have earned from the date of termination up to the date the court read the verdict.

Reinstatement

The court might also order your employer to reinstate you. However, it is important to note that most states follow the at-will employment principle. This principle allows employers to hire and fire employers at will. Therefore, the court will explore other options if reinstatement is impossible.

Front Pay

The employer might be required to pay you front pay. This pay covers your losses from the day the court entered the judgment against your employer to the day you get a new job. Let's say you earned a fixed salary of $5000 a month before getting fired; your front pay might be equivalent to $5,000 a month until you find another job.

Keep in mind that front pay does not last forever. Therefore, it is your duty to seek new employment as soon as possible.

Compensatory Damages

You may also be able to recover compensatory damages if you can prove certain elements of your case. For example, if the workplace discrimination incident caused you extreme stress, anxiety, or depression, and you can prove it, you may recover compensatory damages. These damages do not usually have anything to do with financial losses (because the front and back pay already covers that).

Punitive Damages

The judge or jury might award you punitive damages if they determine that the employer was extremely reckless in their behavior. Keep in mind that punitive damages are not guaranteed; they solely depend on the court's judgment. These damages are meant to punish the defendant for their gross negligence or recklessness and warn others in similar positions against such behavior.

The deadline for filing a claim varies from one jurisdiction to another. However, in most cases, victims of workplace discrimination have 180 days from the date of the alleged discriminatory action to file a claim. Because these deadlines vary from state to state, it is important that you speak with an experienced labor and employment attorney immediately.

Your employer cannot punish you for taking action against workplace discrimination. If they do so, they will make the situation even worse for themselves. You may be able to take separate legal action against them for retaliating against you.

Remember, some employers know that such actions are illegal. Instead, they will bank on the assumption that you do not understand your rights. It is, therefore, important to contact an experienced labor and employment lawyer, even if you are unsure whether your employer's actions amount to retaliation.

Experienced employment attorneys have dealt with countless cases and can tell whether your employer's action amounts to retaliation. Creating a hostile work environment is a good example of employer retaliation.

A hostile work environment is when an employer, supervisor, or other senior members of the organization make it difficult for you to work. For example, your employer might tell offensive jokes about workers from your home country. If you raise the issue and your employer fails to address it, allowing it to go on for an extended period, this could be a case of a hostile work environment.

If you or your loved one is a victim of workplace discrimination, Morgan and Morgan labor and employment lawyers can help. Besides being the largest personal injury law firm in the United States, our law firm files the most employment litigation cases in the country. This is enough proof of our experience in handling these cases.

Many rogue employers get away with workplace discrimination until when they have to face Morgan and Morgan attorneys in and out of court. Workplace discrimination is the last thing we would want to tolerate as a law firm that employs professionals from different genders, nationalities, races, sexual orientations, religions, and other protected characteristics.

It is high time we create a culture of speaking up against such actions by rogue employers. They take advantage of workers unaware of their rights, violating labor and employment laws in this country.

That said, it is never easy to battle such employers in or out of court without an attorney. Because they know how serious these allegations are, these employers will likely have defense attorneys representing them in and out of court, and so should you.

Not sure how to get started? Fill out our free case evaluation form.