Personal Injury

How long do I have to file a medical malpractice lawsuit in Rhode Island?

When a patient is harmed by a medical professional due to negligence, the patient can file a medical malpractice suit. These personal injury cases are very complex, and plaintiffs are required to comply with procedural rules unique to this type of lawsuit. Rhode Island follows a specific statute of limitations for medical malpractice lawsuits, a law that sets a time limit on when you may file a suit. However, there are rules surrounding when the time period begins. Under the Rhode Island statute of limitations law, an injured patient has three years to get the lawsuit process started. The three-year period generally begins when an injury occurs, but this isn’t always the case. Courts can apply the “discovery rule” in medical malpractice cases to protect injured patients who may not know about an injury immediately. This means the three-year period doesn’t begin until the injured patient learns or reasonably discovers

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Dog Bite Injuries and The Law

Dog Bites: An Injury Worthy of Legal Representation About five million Americans suffer dog bite injuries every year. Dogs of any breed and size, whether unfamiliar animals or family pets, can bite and cause injuries. Dog bite injuries can cause life-long and life-altering injuries as well as psychological trauma. Victims of dog bites have a path to seek compensation through the legal system. A Potentially Life-Altering Injury Most dog bite victims are children. Not only are children less likely to be cautious around a dog and ignore the dog’s cues, but children are smaller and more easily injured overall. Children’s continued growth and development can also require years of repeated surgery, physical therapy, and/or other treatments. Adults also can suffer major injuries because of dog bites. The average insurance claim for a dog bite in 2014 was over $32,000. In addition to medical costs, in the case of a serious

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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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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

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How Does Legal Marijuana Impact Personal Injury Cases?

While marijuana use is legal in many places for people over the age of 21 and is decriminalized, it does not change whether or not a person under the influence can be considered at fault in a personal injury case. Marijuana use, legal or not, is treated similarly to alcohol and other substances when it comes to things like driving, operating heavy machinery, and personal injury cases. Like alcohol, cannabis impairs a person’s reaction times. Most states have passed a range of laws governing the legal use of cannabis to keep people safe. Just like it is illegal to drive under the influence of alcohol or with an open container, the same goes for marijuana. If you are injured by a person found to be under the influence of marijuana, they cannot use its legality as a defense in a personal injury case. People who use marijuana have a duty

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Injured While Ridesharing: Can Passengers Sue the Company as Well as the Driver?

Ridesharing has been hailed as one of the great conveniences of modern life: easier than designating a driver, cheaper than a cab, and faster than waiting for the bus. When it comes to injuries incurred because of a rideshare driver’s recklessness or negligence, however, it is less clear how victims can receive compensation. The average driver, even working fulltime, is almost certainly lacking insurance, assets, and earnings substantial enough to cover millions of dollars in medical treatment expenses and lost wages. As of 2021, however, the rideshare industry was valuated at $61 billion. For such a massive, profitable industry, the next logical step for an attorney to get compensation for an injured client would seem to be suing the rideshare app through which the ill-fated ride was scheduled. Things are not so straightforward, however. Pending Litigation on the Issue As of January 2022, in nearby Massachusetts man is suing Uber

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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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