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It is important to take notes on your accident

Many car accidents pass by in a flash, all the shock and stress that results from the trauma can have an adverse effect on your ability to remember the event exactly as it happened.  The need to take notes of what occurred is probably the last thing on your mind after you get into an accident, but good notes on an accident can mean the difference between a swift recovery of damages and prolonged, arduous legal proceedings. Good notes are an incredible asset to your attorney, legal case, and insurance company. It is always a good idea to keep a pen and paper, as well as a disposable camera in your vehicle in case of an accident, when you will need to create a record of what occurred.

Your notes of the accident will be best if written like a news report, with the 5 W’s (Who, What, When, Where, Where, Why) in mind:

Who was involved? Who was injured? Who was responsible? Try to recall any potential witnesses. Try to write down names, license plate numbers and contact information if possible.

What happened? Focus on the details, even those you think might be too mundane, these details may help you remember the event more clearly later on. What were the road, weather, traffic conditions etc? What did you immediately before, during, and after the accident?

When did it happen? Try to remember the events right before the accident – what you were doing, discussing, etc. – it might give you a more lucid memory of the car accident. Did the time of day have an impact on the events that occurred?

Where did the accident occur? Make sure to note the exact location street, traffic light, or intersection.

Why did the accident occur? This will help to reveal who was responsible. If you are injured, try to record how it occurred, or why, for example, your neck injury is likely a result of being rear-ended.

If you were injured take notes about how the injury occurred and how it is affecting you. Write everything down, even the minor effects of the accident, as they may develop into greater, more serious issues.

Finally, once you meet with an attorney, make sure to bring all of your notes, photos, and records of the accident. This will greatly facilitate the investigation of your case and aim you in the direction of a successful settlement.

It is important to take notes on your injury

If you were injured in an accident – be it a car accident, work related injury, or personal injury  – you will need records of your injuries to receive compensation. If the injury is very serious, you should see a doctor immediately and take notes of how you are feel immediately after the accident, before, and during treatment. Even if the injuries seem minor, you should take note. All minor injuries and slight discomforts have the potential to become serious, chronic injuries if not treated immediately and properly.

Write down where it hurts and what kind of pain you are feeling. Some words to describe your pain are listed below. Try to be as accurate and detailed as possible, using as many of the words above as possible. They will help a doctor to evaluate and diagnose your pain and treatment.

You may describe your pain resulting from injury as:

throbbing, pulsing, pounding, shooting, sharp, cramping, pressing, pulling, hot, burning, tingling, itching, stinging, dull, sore, aching, tender, numb, tight, tiring, frightening, blinding, annoying, troublesome, miserable, intense, unbearable, spreading, piercing…

It is important to bear in mind that not all injuries are purely physical. After an accident you might experience mental discomfort, anxiety, memory loss, and perhaps depression and other serious mental maladies. Mental injuries can be just as serious as physical injuries and it is essential that you record your metal state after an accident.

It is important to take these notes as close to the accident as possible, the sooner you write this information down the more reliable it will be. Courts and juries strongly favor personal records that were created as close to the accident as possible. Likewise, your case will do better in the courts if you seek medical or legal assistance immediately after the accident as opposed to days, weeks or months after. In all accidents involving injury, you should see a doctor immediately, as to quickly address your injuries and to establish medical records that can be used in court as evidence or for insurance purposes.

Record your financial losses resulting from an accident

While an accident can result in physical and mental injuries, it is likely that an accident will result in financial damages or losses as well. The types of financial losses that occur from accidents can be incredibly varied, from minor property damages to lifetime physical impairment and reduced work capacity. While your lawyer or legal representative will be able to keep track of your medical and major property damage expenses, it will be your responsibility to keep track of the minor expenses caused by the accident. Make sure to keep all your receipts for the extraneous costs you incur - they are your best proof of purchase and evidence for reimbursement.

The minor expenses you incur after an accident can add up and should not be overlooked. Some causes for financial losses include reduced working hours or the inability to work at all, lost job opportunities, missed engagements, or other financial benefits missed as a result of an accident.

In vehicle accidents, there is likely property damage of the vehicle and items in the vehicle. Take notes or a photo of the items in the vehicle at the time of the accident to make sure all damaged items are repaired or replaced. Any expenses incurred as a result of an accident may be compensable and reimbursed if you have a detailed record. Airfare, gas mileage, vehicle rental, hotel, and other transportation related expenses might be incurred while searching for jobs, relocating family members, or simply trying to get back on track after a life altering accident.

As long as you maintain a record and proof of your expenses incurred due to an accident, you have the potential to be reimbursed. By not keeping notes, records, and proof of your expenses you only cheat yourself.

The Fair Labor Standards Act (FLSA) requires that most employers pay a minimum wage and pay employees overtime if they work more than 40 hours in a workweek.

What is a workweek?

A “workweek” is defined as one period of 168 hours, or seven consecutive twenty-four hour periods.  The workweek may start at any time, as long as the starting day and time are applied consistently.

What does the law say about overtime pay?

• The Fair Labor Standards Act (FLSA) does not limit the number of hours an employer can require an employee to work, but if the work hours exceed 40 hours, the employee must be paid overtime.
• The rate of overtime pay is one and one-half times the employee’s regular rate of pay, and must be paid in wages, not in goods or time off.
• Overtime pay earned during a particular workweek must be paid on the workweek’s normal pay day.
• Employees who are eligible for overtime pay may not waive their right to receive overtime.
• Effective August 23, 2004, U.S. Department of Labor regulations state that all employees are automatically entitled to receive overtime pay if they earn less than $455 per week, or $23,660 per year.
• The FLSA requires that employers pay the same wages to all workers performing the same job, regardless of race, color, national origin, religion, sex, age or disability.

Are some workers not covered by overtime laws?

Workers who are not covered by the minimum wage and overtime laws are sometimes referenced as being “exempt.” Such workers include:

• Executives
• Professionals
• Outside salespeople
• Small farm employees
• Computer specialists
• Apprentices
• Seamen and fishermen

The compensation for the work that you do becomes a major factor in the choices you make—where you work, where you live, and when you retire. The federal and state governments recognize the importance of wages and have laws designed to protect your rights to receive fair pay for your work.

Current Minimum Wage Law:

The federal minimum wage is established by and regulated under the Fair Labor Standards Act of 1938.

As of July 24, 2009, the current federal minimum wage is set at $7.25 per hour. However, your age, type of employment, and location can change the legal minimum hourly wage your employer is required to pay.

Anytime the state minimum wage rates differ with the federal rate, the higher wage rate always applies.

Exception to the Minimum Wage Law:

Youth Minimum Wage

• If you are under 20 years of age, you may be paid as little as $4.25 per hour during your first 90 consecutive calendar days of employment.
• This lower wage rate is sometimes called a “training wage” or “youth minimum wage.”
• An employer may not terminate or “fire” one worker who is paid more in order to pay another worker the lower wage.

Workers who earn tips:

• Employers who allow workers to keep tips must pay a cash minimum wage of at least $2.13 per hour IF they claim a “tip credit” against their federal minimum wage obligation of $5.85 per hour.
• Under federal law, an employee who regularly receives tips as a part of his or her pay also gets a minimum wage of $2.13 per hour.
• In order to have this exemption apply, the employee must regularly receive more than $30 per month in tips, and be allowed to keep all tips earned.
• However, if your tips plus cash wages do not equal at least $5.85 per hour, your employer must make up the difference.

Other Cases:

• Many laws mandate that certain types of employees (executive, administrative, professional, and outside sales employees) are exempt from minimum wage requirements, provided they meet certain tests regarding job duties and responsibilities and are compensated “on a salary basis.”
• Full-time college students, workers on some farms, workers employed in fishing enterprises, and other types of employees may be paid less than the minimum wage.

Even if you are not performing your job, the federal law entitles you to earn pay for the time spent under your employer’s control or benefits. Although this generally excludes the time spent commuting to and from work, it may include other time that you cannot spend as you wish because of your job.

You may have the right to be paid for time you spend not working:

Education and Training

• If your employer requires you to attend a lecture, meeting, or training session, you must be paid for that time, including the time you spend traveling to the event.

Travel Time

• The employer is generally not obligated to pay for your commuting time but you are entitled to wages for the time you spend traveling during the job.
• For example, if your employer requires you to go out on service calls, the time you spend traveling must be paid.

On-Call Time

• On-call time refers to hours you have little or no control and cannot use for your own enjoyment or benefit.
• Your employer must pay you for the time you are required to stay on your employer’s premises while waiting for a work assignment, even if you don’t spend it actually performing job tasks.
• For example, if your employer places significant restrictions on you and call you often to be on-call, requiring that you remain close to the workplace, you may be entitled to compensation for all your on-call hours.

Meal and Rest Breaks

• Many states have laws that require employers to provide meal or rest breaks, specifying the minimum time that must be allowed.
• In the states that do not require paid break times, employees must be free of all job responsibilities during breaks.
• For example, if your employer requires you to perform any job duties during regular breaks, such as staffing a reception area or answering phones, that time must be paid.

Sleep Time

• Any time you are allowed to sleep during a shift, you are entitled to be paid for the hours.
• For example, if you are on duty for 24+ hours at a time, you and your employer may agree to count certain amount of the hours as unpaid time for meals and sleeping. However, if you end up working during that unpaid period or if your work conditions keep you from getting at least five hours of sleep, your employer must pay you for the entire shift.

You may be eligible for pay you might not be receiving. Stay informed and know your rights. For more information about ways to protect your right to receive fair payment for your employer, contact us at The Barrera Law Firm.

When you are injured due to the negligence of someone else, you not only have to deal with the pain of your injuries but also, the complex legal process of fighting for justice.

The legal terms used in law can seem like a new language and the legal process often leaves people confused. When filing a personal injury claim, victims encounter new terms and concepts that help define and classify their injuries. To move forward with confidence, it is important for the victims of personal injury to develop a working knowledge of some key legal terms.

Terms that describe the anticipated duration of an injury:

Personal injuries are classified as either “Permanent” or “Temporary” Disability. These two terms are used to describe the anticipated duration of an injury, not the degree of its severity. For example, if the injury is one that would remain in an individual’s lifetime, it is classified as “Permanent.” On the other hand, if the victim is predicted to attain a complete recovery in the future, the injury is classified as “Temporary.”

Terms that describe the extent of the injuries:

The terms “Total” and “Partial” Disability refer to the actual extent of the victim’s injuries, regardless of whether they are permanent or temporary in duration.

Four Categories Used in Personal Injury Litigation:

1. Temporary Total Disability: Seriously injured person temporarily hospitalized/completely impaired, but expected to regain full function
2. Temporary Partial Disability: Following the period of “Temporary Total Disability” seriously injured person recovers and regains some (but not all) ability to participate in formal activities
3. Permanent Total Disability: Seriously injured person with a total bodily impairment that is expected to remain for a lifetime
4. Permanent Partial Disability: Injured person retains a substantial bodily function but the injury is expected to remain for a lifetime

Regardless of your type of disability, if you have suffered a personal injury due to someone else’s negligence, it’s important you contact and consult a qualified, experienced attorney.