Articles

Filing a Personal Injury Claim for Whiplash After a Car Accident

Whiplash is a common injury resulting from minor to severe auto accidents. Compensatory damages for whiplash injuries may be filed when an accident involves a negligent driver. If you’ve been in an auto accident and have already suffered whiplash injuries, you should seek immediate medical attention. Then call our office for information about filing a personal injury claim. What is whiplash? Whiplash is common among victims who are involved in rear-end collisions. The term whiplash is a non-medical term that refers to the rapid backward and forward motion that can occur during an auto accident. Rapid movement can cause damage to the soft tissue of the neck. What are the symptoms of whiplash? A wide range of symptoms can occur with whiplash, including headaches or migraines, neck pain, back pain or stiffness, blurred vision, and difficulty sleeping. Sometimes, people don’t realize they have received a whiplash injury due to a

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Rhode Island Medical Malpractice Frequently Asked Questions

Whether you’ve received a misdiagnosis, delay in treatment, or experienced adverse drug reactions, you have the right to file a claim for medical malpractice. Medical malpractice suits can be tricky to navigate, see the answers to frequently asked questions below. What Is Medical Malpractice? Patients have the right to expect a consistent standard level of care to be administered by health care providers. When a medical professional fails to provide appropriate care resulting in harm, injury, or death to a patient, the patient or loved one can claim malpractice in a court of law. Medical providers are legally required to administer a level of care consistent with standard practices. When a doctor deviates from care considered standard by other professionals under similar circumstances, they may be held liable. In addition to a violation of standard care, a malpractice claim must also meet the following factors in order to be pursued

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When An Injury Occurs At A Short-term Rental Property

When an injury occurs at a short-term rental property (e.g. Airbnb), can the injured party recover damages from the property owner, the rental app/service, or both? Who’s to Blame When an Airbnb Goes Awry? Premises Liability and Short-Term Rentals While you may be able to take a vacation, gravity never does. If you slip and fall on the freshly mopped floor of a hotel lobby, it is pretty clear that the hotel proprietor is responsible for the condition of the floor. But what if you fall down the narrow, railing-less stairs of a short-term rental you found on a platform like VRBO or Airbnb? Can you sue the platform that helped you rent the property? The short answer is: No, you cannot sue Airbnb for your injury. But, you still have options to recover damages when you are injured at an Airbnb property. In this article we will provide a

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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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