Articles

Pedestrian Injured By Car Accident – What You Need To Know

Any person on foot is considered a pedestrian. Most pedestrian accidents involving an automobile occur at intersections, crosswalks, and parking lots. If you or a loved one is hit by a vehicle while walking, running, jogging, or even sitting on a bench, you have legal options. Immediate Steps The actions taken immediately following a pedestrian and car accident are vital in protecting your wellbeing and legal rights. Start by calling 911 if anyone involved requires immediate medical attention but also to get the police on scene for a police report and perhaps investigation. Next, you’ll want to obtain contact and insurer information with the driver and/or vehicle owner. Avoid discussing who caused the accident, legal options, or your own fault. If additional witnesses are present, request their contact information as well. Following an accident, you’ll want to contact local law enforcement to document the incident if the police were not

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Workplace Injuries: Is a Lawsuit an Option?

Workplace injuries happen—even in workplaces that might be considered relatively safe, or in a workplace where safety really does come first. But what if your injuries and loss of income far exceed the resources provided by workers’ compensation? What if your employer tries to argue that you were not really an employee, or otherwise fails to provide workers’ comp benefits? Can you file suit? Workers’ Compensation: What It Is and How It Works Most private employers are required to carry workers’ compensation insurance for each and every employee. Coverage for an individual worker begins on his or her first day of employment, whether full-time or part-time. If a worker is injured in the course of their everyday job, he or she may be eligible for a variety of benefits. These may include: Disfigurement or loss of function: when a serious cosmetic or functional issue arises from an injury, compensation may

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What You Need to Know About Filing a Wrongful Death Suit in Rhode Island

When processing the death of a loved one caused by someone else’s bad choices, you need skilled legal representation to advocate for your—and your late loved one’s—interests in the judicial system. Below, we lay out the basics of filing a wrongful death suit in Rhode Island. The Basics of a Wrongful Death Suit In general, whenever a living person could file a personal injury suit on behalf of himself or herself, the estate of a deceased person may file a wrongful death claim. As specified in Rhode Island General Laws section 10-7 et al, the Commonwealth defines a “wrongful death” as a death caused by: Neglect A wrongful act A default of another There are a number of circumstances which could result in a death and a subsequent wrongful death suit. These may include medical malpractice, incidents of negligence (commonly car accidents), or even an intentional act (including crime). The

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The Preponderance of Evidence Standard and What It Means for Your Personal Injury Case

Aside from those of us who choose the law as our professional calling, most people will find the inside of a courtroom a disorienting, unfamiliar place, populated by the plotlines of police procedurals and award-winning dramas. When you are confronted with the prospect of not only visiting a court, but placing all your faith and hope for restitution in the court system, such as when you are already coping with physical pain and financial loss after an accident, trip, slip, or fall, it becomes even more daunting. Competent and caring legal professionals, like our team, can make the legal process less frightening and challenging not only through our excellent advocacy on your behalf, but by explaining the legal process and its terms to you. Most of us are familiar with the phrase “beyond a reasonable doubt” from true crime series and detective capers, without being aware of its technical meaning—or

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How does the court determine fault for injuries suffered in a car accident?

The terms comparative fault and contributory negligence are legal doctrines often referred to during auto accident lawsuits to address who is at fault. More precisely, these terms determine the percentage of each party at fault to determine how and if damages will be awarded. If you are injured in a car accident, you may be entitled to recover damages from the responsible party. Under Massachusetts law, anyone operating a motor vehicle has a duty to standard care. All drivers are expected to obey traffic laws and exercise caution based on driving conditions. When it comes to auto accidents, it’s not uncommon for more than one party to act with negligence; therefore, there can be more than one defendant in a crash case. As a plaintiff in an auto accident lawsuit, you can recover damages, even if you are found to be partly at fault. When blame is shared, damages are

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How can parents receive compensation for the death or injury of their child?

A Lawsuit No One Wants to File  The worst thing a parent can imagine is harm coming to their child—be that serious injury or even death. Indeed, even people without children cringe at the thought of a little one’s suffering. Unfortunately, in the world we live in, the most vulnerable among us are not shielded from injury and accident. As such, the law has remedies for parents that they wish they never would have needed—financial compensation for the injury, disability, or death of their child. Damages: A Primer  In any discussion of personal injury or wrongful death cases, it is necessary to address the two primary distinctions in American law regarding damages. The first distinction is between punitive and compensatory damages. Punitive damages are intended to punish bad behavior by a defendant who is found liable for an injury or death and so deter that behavior in the future to

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Will the type of care I receive following an injury impact my personal injury case?

Many clients ask if their personal injury compensation is affected by choosing between an Emergency Room or Urgent Care center. When facing an injury, it’s always important to take the proper steps when seeking medical treatment. First, you need to consider your injury. If it requires immediate medical attention, you should not hesitate to go to an emergency room for care. Even if you experience a minor injury, you should seek medical attention. For non-immediate medical needs, treatment from an urgent care center or your healthcare provider may be appropriate. There are many situations where you can sustain an injury and not feel the damage right away. In these cases, an emergency room visit may not be needed. The most crucial aspect of any personal injury case is documenting your care, treatment plan, expenses, and time from work. Getting appropriate medical care is essential for your health and recovery, documenting

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The Truth About How Much Your Personal Injury Case Is Worth

When determining how much a personal injury case is worth, it’s important to remember that every case is different and must be evaluated independently. Personal injury cases are anything but cut and dry, and there is no mathematical formula to determine how much one is owed for sustained injuries. Be wary of lawyers who claim they can immediately value your personal injury case as each case depends on many factors, such as the nature and severity of an injury, the extent of medical expenses, and the permanency of the injury. How an injury impacts an individual’s ability to work and enjoy life and who is responsible for an injury are also significant factors when determining a case’s worth. It’s not uncommon for an insurance adjuster to conduct a quick investigation following a serious personal injury accident. However, this often results in a very low offer of settlement, which is often

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DUI Accidents, Personal Injury, And Business Liability in Rhode Island

Going for the Source: How Liquor Liability Laws May Help in Your Fight for Personal Injury Compensation When someone gets behind the wheel of a car when intoxicated, we all know that he or she can damage or end more lives than their own. But does the liability for injuries caused by a drunk-driving accident also extend beyond the single operator of a single vehicle? In a word, yes. Liquor Liability and Dram Shop Laws: Why Your Injury Can Be a Bar’s Fault Rhode Island, like most states, has a series of laws about business liquor liability known as “dram shop laws.” The term comes from another name for a Victorian-Era gin parlor. Under dram shop laws, businesses such as bars and restaurants are required not to serve alcohol to an intoxicated person nor to allow someone to become too intoxicated. Under these laws, businesses that serve or sell alcohol

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Punitive Damages and Personal Injury Cases

American law commonly recognizes two major types of compensation, or damages, that are available to victims of personal injuries: compensatory and punitive. In general, Rhode Island and the other New England states do not allow for punitive damages.. Compensatory Damages: An Overview In short, compensatory damages seek to provide an equivalent dollar amount to make up for the losses incurred by an injury. These can include the cost of medical bills, loss of income, loss of future earning potential, pain and suffering, and loss of companionship if one’s spouse is injured or killed in an accident. Compensatory damages can be both monetary (a dollar-for-dollar exchange) and non-monetary (a dollar amount assigned to an intangible loss). The Basics of Punitive Damages Punitive damages are awarded not to “make up for” a loss suffered by the victim of an injury, as compensatory damages are, but are imposed by the court on the

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