MA & RI Victims Should Not go PRO-SE in Injury & Accident Claims!

May 8, 2015

Recoverable Damages in RI and MAMany victims of a personal injury or car accidents in RI and MA believe that they can obtain suitable compensation in an out-of-court settlement or jury award by representing themselves in a claim or lawsuit. While self-representation in premises liability, automobile collisions or tractor trailer wrecks might appear on the surface to be an easy endeavor, the insurance carrier in charge of paying harmed individuals for their injuries hire the best legal minds to minimize their financial outcome to the victim.

Statistics indicate that there are five leading factors that prove that hiring legal representation provides a better outcome for the MA and RI victim. They include:

1. Rhode Island Injury Attorneys and Mass. negligence lawyers typically obtain larger amounts of financial compensation for their clients than individuals can acquire on their own.
2. Claims and lawsuits in Rhode Island and Providence Plantations and the Commonwealth of Massachusetts for car accident compensation are filled with pitfalls that can often cause the victim all or some of the amount they are owed.
3. Reputable personal injury attorneys and car accident lawyers have years of experience in handling insurance reimbursement claims and dealing with medical liens.
4. Victims in Rhode Island and Mass. handling their own cases often miss filing necessary paperwork before the expiration of the statute of limitations or fail to follow court procedures.
5. Successful Rhode Island personal injury lawyers and RI wrongful death attorneys have honed their negotiation skills and litigation experience to generate larger out-of-court settlements or jury awards based on the true value of the case.

The education of the skilled Massachusetts tort lawyer can provide solid legal advice and counsel to empower you in filing a claim for compensation.

Recoverable Damages in RI and MA

Nearly all individuals wanting to represent themselves in a personal injury case or car accident lawsuit and Mass. and RI are seeking recoverable damages to recoup medical bills and lost wages. However, providence and Boston personal injury attorneys can use complex legal theories to seek damages for compensation to cover all additional losses endured by the victim. There are two specific types of damages that are recoverable by an injured individual. They include:

• Compensatory Damages – The attorney will seek to obtain all compensatory damages for financial compensation. These include any losses and injuries that involve bodily harm, the impact of the victim’s injury in their ability to function. In addition, it will include compensation for their physical pain, inconvenience, mental anguish, medical expenses directly associated with the injuries, lost wages, the loss of capacity to earn a living and any property damage.

• Punitive Damages – Under limited circumstances, the court may allow your attorney to seek punitive damages. This financial award is usually much higher than compensatory damages and used as a way to make an example or punish the wrongdoer for misconduct that is deemed intentional or careless to a high degree to the point that it demonstrates the defendant had a willful disregard for the rights, health and well-being of others. Though awards for punitive damages are rare, many Massachusetts and Rhode Island attorneys will file for it through a lawsuit on behalf of their clients.

Proving Negligence in Providence and Boston MA Injury claims

Many victims of a minor or serious truck, motorycle or car accidents believe they are entitled to receive compensation automatically. However, the legal system requires the victim to prove negligence or intention of others to a claims adjuster or jury at trial. By law, the victim or an auto, bicycle or semi truck crash must prove three specific elements that include:

• An individual or company was negligent
• The negligence was the direct cause of the victim’s injuries
• The injured individual is not negligent in any action that caused their injury

The burden of proof is based on the weight of the evidence or the “preponderance of evidence.” All the facts of the case need to be persuasive including eyewitness accounts, extenuating circumstances and expert testimony. Because of that, it is essential to consider hiring a RI skilled personal injury attorney who specializes in car accident , hernia mesh lawsuits  boating accident and slip and fall claims and personal injury cases.

An experienced RIlaw firm can determine what parties are at fault, the extent of your injuries, the amount of your financial losses, how would a jury will react to the case, any issues with the case and other factors. Nearly all cases involving personal injury in car accidents are handled on a contingency fee basis to avoid the need of paying any upfront fees.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.


RI & MA Moped Crash Attorney : Vacationing Tourist Moped Accidents

April 3, 2015

Vacationing Tourist Moped Accidents in Rhode IslandMany vacationing tourists in Rhode Island and Massachusetts want to engage with the local scene and will often rent scooters and mopeds to enjoy their surroundings. However, Block Island, Nantucket and Martha’s Vineyard tourist-related scooter and moped accidents occur because of numerous reasons including lack of driving experience, unfamiliar surroundings and dangerous roadway conditions.

Mopeds and scooters tend to be an affordable solution, especially compared to renting a car. The narrow streets of quaint villages, tropical islands and family vacationing destinations make two-wheel travel a convenient option. However, these motorized machines can cause significant injuries or fatalities when involved in a Rhode Island or Mass. accident with a car, pickup truck, SUV or van. This is because riders and passengers in MA and RI usually have little more than their clothing and a helmet to provide protection should a serious accident occur in Nantucket, Martha’s Vineyard or Block Island.

Unique Risks and Dangerous Conditions

Scooter and moped accidents in Rhode Island and Massachusetts usually happen because small-motorized vehicles are not as easy to spot as an automobile, car, truck, motorcycle or commercial truck. Riders and passengers in Mass and Rhode Island on these motorized scooters are often at the greatest risk by other tourists, residents and visitors driving motor vehicles distracted. In fact, many roads in vacation areas such as Nantucket, Martha’s Vineyard or Block Island are filled with automobile (auto) drivers unfamiliar with the local area and common traffic patterns.

It is risky trusting your case to a local lawyer in these vacation spots who normally handle wills, trusts, real estate and local matters. These ‘townie’ type lawyers may be in over their head almost immediately when they are trying to litigate a catastrophic or wrongful death moped crash injury cause of action.

The unique risks involved in riding mopeds and scooters in Massachusetts and Rhode Island and Providence Plantations tend to create potentially dangerous scenarios at nearly any vacation destination. These unique risks include:

• Limited Visibility – The small frame and low stature of mopeds and scooters make them nearly invisible to others on the roadway. Many scooter riders will attempt to maneuver their machine between other vehicles, increasing the potential of being involved in a collision with other drivers. The low profile of the machine makes it nearly invisible to vehicles backing up, turning or making a lane change.

• Quiet Operation – The engines of mopeds and scooters tend to run relatively quiet compared to other motorized vehicles on the roadway. Many times, drivers, pedestrians, bicyclists and others on the road never hear the approaching scooter until it is too late to take evasive action.

• Quick Unexpected Stops – Mopeds, scooters and other small engine two-wheel vehicles often make quick stops at red lights, stop signs and behind other stalled traffic. However, these quick stops tend to confuse other drivers who can easily misjudge distance and the required braking time and space needed to prevent a collision.

In many of these types of accidents, moped and scooter riders and passengers suffer catastrophic injuries or death. As a result, they often need to file a claim for compensation to recoup their losses including medical bills and funeral expenses.

Filing a Claim for Compensation in Rhode Island or Massachusetts

Insurance companies tend to blame scooter and moped riders for accidents, collisions and injuries. This stereotypical, outdated notion of reckless behavior often makes it more challenging for victims to seek and obtain financial compensation in Rhode Island and Massachusetts. This is important because these types of accidents can cause serious injuries including broken bones, traumatic brain injuries (TBIs), lost limbs, road rash, bruising, lacerations and disfigurement.

As a result, many injured victims in Mass. or RI will hire a personal injury attorney who specializes in scooter and moped accidents. The amounts of compensation the victims receive are usually adequate to pay for various losses including:

• The costs associated with hospitalization and medical care
• The expense of rehabilitation and physical therapy
• Recouped funds from time away from work while healing
• Intangible damages including pain, suffering, emotional trauma, mental anguish and grief
• Funeral and burial expenses

Handing over the claim which occurred in Block Island, Nantucket or Martha’s Vineyard to a reputable Providence Rhode Island personal injury attorney or Boston Massachusetts car accident lawyer who specializes in moped and scooter accidents is a wise decision. The Rhode Island or Boston law firm can help you prove the negligence of other automobile drivers at fault for your injuries.

The RI car accident lawyer can handle every aspect of your case. This is important because of their vast resources to conduct a thorough investigation. This means they will gather evidence, obtain eyewitness accounts and re-create the scene of the accident to ensure you receive maximum compensation for your injuries and losses.

In the event of a fatal moped accident in RI or MA it is important that you retain RI or MA personal injury or car accident lawyers / attorneys who also have experience in wrongful death causes of action. A Rhode Island wrongful death attorney will help the family or loved ones obtain compensation as a result of the deadly / fatal crash.