Personal Injury

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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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

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$410,000.00 – Motorcycle Accident

Our client was a 32 year old machinist who was the operator of a motorcycle and was not wearing a helmet. He was cut off by a van, turning directly left in front of him. He drove directly into the side of the van and received a traumatic brain injury. He suffered vertigo and tinnitus. Through the use of experts to rate the nature of his permanent impairment and the video documentation of his daily life we were able to maximize the value of his case. We had to seek recovery form several insurance policies in order to do so. The insurance company obviously questioned how serious the vertigo was, but regular treatment and close work with care providers who kept excellent notes convinced them that settlement was the best option as a jury may have awarded him an even greater amount of money. Our client was extremely pleased as

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$125,000.00 – Rear End Collision

Our client was a 38 year old welder who was injured in a rear end collision. The force of the impact was somewhat benign and the client never thought his “soft tissue” injuries would be as serious as they became. As with any personal injury case, and more particularly soft tissue injuries, we are never certain the true level of injury until the client undergoes a regime of treatment. Initially, it appeared conservative treatment with a chiropractor would resolve the discomfort he had in his mid-back. Unfortunately, it did not resolve and actually the pain gradually increased with time. We carefully managed his care and reviewed his medical records. Eventually, he treated with a specialist, who ordered an MRI and discovered he had suffered a traumatic pseudomeningocele, or cyst. The cyst was directly and causally related to the accident and was growing and had become intertwined in his back requiring

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$170,000.00 – Loss of Consortium

Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word consortium means ‘(the right of) association and fellowship between two people / married people. Client was the daughter of a gentleman who died while undergoing surgery in a hospital. She was an adult, lived in another state and has a family of her own. She had a strong and ongoing relationship with her father. They communicated on a daily basis and had almost daily direct interaction when she lived locally. The value of the case was only related to her loss of relationship with her father and had nothing to do with the underlying death. Critical to the valuation and ultimately settlement was the development of their relationship. In a loss of consortium claim

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