Personal Injury

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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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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