Articles

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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I am feeling fine after a minor car accident. Will skipping a doctor’s visit now hurt my chances of a personal injury settlement later?

I always would have to recommend that you get yourself checked out at a doctor. Its critical to make sure you are not suffering from any latent injuries that may become more apparent after time. It quite normal that with the rush of adrenaline and nerves you experience immediately after an accident, your body may suppress pain as part of its ancient survival mechanisms. Frequently, you do not realize you are injured until you have had a chance to calm down. Injuries, even serious ones, can take days to manifest themselves and may not always have obvious symptoms. For your own health and safety, go to a doctor immediately after a car accident. Financially, the longer you wait to use your insurance, or make claims against the other party, the longer you may be stuck with unpaid medical bills or lost wages. The longer you wait to treat injuries, the

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Construction Site Accidents, What you need to know

Workplace accidents happen far too often, especially on or near construction sites. Workers are often subjected to serious industry specific hazards due to the dangerous nature of their profession. In Rhode Island the construction industry is thriving and the number of construction accidents is unfortunately rising. Statistics from the United States Department of Labor  (DOL) tells us that twenty percent of all workplace fatalities nationwide were in the construction industry. In 2014, there were 899 deaths, or more than two deaths per day! The DOL goes on to state that the four most common types of construction injuries, AKA the “fatal four”, are: Falls Electrocutions Being struck by an object Being caught on, or crushed by equipment or collapsing buildings. Other reasons, or causes, construction workers are vulnerable to injuries include; exposure to chemicals, and injuries sustained from faulty or poorly maintained equipment.

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How To Start Your Personal Injury Case in Rhode Island

Suffering an injury due to an accident can be an upsetting time. Finding a personal injury lawyer who will protect your rights and fight for just compensation is essential. After all, it’s the only way that you can be sure that you receive the care you need. The Law Offices of Christopher Heberg can help, whether it is immediate care for a broken bone or longer-term care such as physical therapy, or other rehabilitation, to help you get back to where you were before the accident. You almost certainly will require both medical and legal guidance in determining how to proceed in recovery, physically and monetarily. Our attorneys understand not only the stress and physical burdens you will endure but also the financial challenges that lay ahead. Serious personal injury can change your life and you need an experienced legal team by your side.

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Consequences of Devastating Head Injuries

In a single year, 50,000 people lose their lives, 280,000 are people hospitalized and 2.2 million people are seen in emergency rooms: these statistics from the Centers for Disease Control (CDC) show the impact of head injuries in the United States. The magnitude of these statistics is worthy of discussion; particularly since a traumatic head injury can be the result of car accidents, slip and fall accidents and assaults. Head Injuries Pose Potential for Long-Term Consequences to the victim. While a head injury can have immediate repercussions for victims including headaches, temporary memory loss and feelings of sleepiness, the long-term consequences should not be ignored. Even those victims who suffer very mild symptoms of a head injury after a car accident need to use caution; repeat head trauma has been associated with higher incidence of Parkinson’s Disease and Alzheimer’s Disease. Those with severe head injuries immediately after an accident can

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