All Posts

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

Read More »

I suffered an injury on a wet floor at the gym. The manager says I can’t sue because I signed a “general release” when I joined. Is this true?

While it’s standard procedure for a health club or gym to require members to sign a liability waiver, members still have rights. The purpose of a general release of liability waiver is to protect the gym from injuries caused by members. It’s common to sustain an injury while exercising. For example, pulling a muscle by lifting too much weight, misusing an exercise machine, or overexerting are typical injuries covered members are prohibited from bringing about legal action. However, when an injury is sustained due to the gym’s negligence, a release is not enough to excuse the gym from liability. Similar to other slip and fall accidents, gym owners are bound by a general duty of care. This means gym members must be adequately warned of wet floors, slick surfaces, and faulty equipment. Areas such as freshly mopped floors or shower rooms that are frequently wet should display warning signs to

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

How does contributory and comparative negligence affect my car accident lawsuit?

Anyone who has experienced an auto accident knows how quickly things can spiral out of control. With any luck, all parties involved can walk away from such an event unharmed. Unfortunately, this is not always the case. In the event an auto accident leads to injury, it’s crucial to determine who is at fault and the level of culpability they contributed to the accident. Comparative fault and contributory negligence are models for determining who bears responsibility for an auto accident. This is central to car accident lawsuits as there is often no clear answer. Oftentimes more than one person may have acted with negligence. The level of negligence will determine whether or not and how much a plaintiff may recover in damages. Negligence is generally accepted as a failure to employ reasonable care. For instance, not paying attention to the road or texting on your mobile device while driving. How

Read More »

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

Read More »

Schedule your free consultation

Committed. Experienced. Compassionate.

Call Today