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 , 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.


Rear End Car Accident Injury Lawyers in Rhode Island & MA

April 18, 2015

Rear end collisions in Rhode IslandRear end collisions in RI and MA often produce catastrophic results, where the victim suffers serious injuries or death. Nearly every rear end car accident in Rhode Island and Massachusetts is preventable and often occurs through negligence, recklessness or inattention. In addition to severe property damage, these types of accidents in Mas. and Rhode Island often produce catastrophic results caused by speeding, distracted driving or tailgating.

A rear end motor vehicle crash happens when the front of an automobile collides into the back of another one. Statistics maintained by the NHTSA (National Highway Traffic Safety Administration) claim that six percent of all vehicle accident fatalities in 2011 were caused by a rear end collision. Survivors often suffer serious injuries including:

• Serious back or neck injuries such as herniated discs and whiplash
• Disfiguring injury
• Lacerations, cuts and bruises
• Seatbelt injury
• Head injuries including TBIs (traumatic brain injuries)

Auto Crash Liability in Boston MA and Providence RI

Nearly every type of rear end auto crash in Rhode Island is caused by the negligent actions of one or both drivers. By law, all drivers following another must provide adequate distance between vehicles to ensure there is sufficient space to come to a complete stop. This distance is based on numerous factors including the conditions of the road, weather, speed and driving behaviors.

Every motorist is expected to provide a specific level of care to maximize safety for themselves, their passengers another’s on the roadway. The rear end collision in RI can be avoided if specific rules of the road are followed including:

1. Operate the vehicle at or below the posted speed limit
2. Change from one lane to another only when safe
3. Follow vehicles at a distance that is both prudent and reasonable to ensure no accident occurs

Car Drivers who do not follow the three specific rules listed above can be found legally liable for the crash and responsible for financial damages.

There may be incidences where there are multiple parties at fault for causing the rear end collision. As an example, the collision might involve a third vehicle that was behind the driver that struck the victim’s car. One crash might contribute to a second collision because drivers were tailgating, speeding, or not paying attention to the roadway. These types of cases can be complex because fault must be apportioned to the different negligent parties before determining the extent of responsibility each party has in a claim.

Recovering Damages in Providence Superior Court or Massachusetts Courts

Any victim of a rear end collision has the legal right to file a claim or lawsuit for damages. However, these types of cases are often complex. Because of that, many victims in RI and Boston Massachusetts will hire a Rhode Island personal injury attorney or a MA car accident lawyerwho specializes in rear end car accidents.

A competent East Providence Injury lawyer will seek damages on behalf of their client to recoup hospital in medical care, lost wages, property damage, pain, suffering and mental anguish. In cases where the collision was fatal, some surviving family members of the victim have the legal right to seek damages. A reputable wrongful death car accident attorney in Rhode Island can file a wrongful death lawsuit to provide compensation to cover the relatives’ losses including:

• Medical bills associated with the deceased loved one
• Funeral and burial expenses
• Lost wages and loss of potential future earnings
• Loss of companionship and consortium
• Property damage

Car accident personal injury attorneys in RI and Mass. provide legal representation and advocacy to ensure the rights of their clients are protected. A seasoned Rhode Island law firm will handle every aspect of a personal injury claim or wrongful death lawsuit including negotiating an out-of-court settlement or taking the case to trial. Most of these types of cases are handled on contingency, meaning that victims and surviving family members can receive instant legal assistance without the need of paying any upfront fees.

http://www.nhtsa.gov/Research/Crash+Avoidance/Office+of+Crash+Avoidance+Research+Technical+Publications

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.


Steps To Take After an Injury In a RI or MA Car Accident

February 14, 2015

What to do after a Car Accident in Rhode IslandIt can happen in a flash. You’re driving down the street, and the next thing you know you’ve been in a Rhode Island car crash. Any time you’re in an accident, it’s a shock, but if you’re injured the situation can be even more confusing and frightening. That’s why it’s always important to know exactly what to do in the case of injury, so you’re prepared in the event that the unthinkable happens.

Call for Help

If you’re injured in a car accident in Rhode Island or Massachusetts and you’re able to get to a phone, the first and most important thing to do is call the police. By doing this, you’ll be able to ensure that you and whoever else is involved in the car accident will get the help they need as soon as possible. Describe the situation to the authorities as accurately as possible when you call including: number of people, if there are any children involved, number of injuries, type of accident, and so on. This will help the dispatcher know which services you need, and can help you and those involved, get help much faster than if you only provide vague details.

Don’t Leave the scene of a RI or MA motor vehicle crash

Never leave the scene of a Rhode Island or Massachusetts (MA.) accident until you are cleared to leave by the police or medical personnel. It is important that everyone stay where they are and in a safe place, and that all of those who were involved in the accident are available to answer questions, give reports, exchange insurance information, and get medical treatment. While it’s acceptable and advisable to move over to the side of the road (if you can) or get out of the way of traffic if you’re located in an unsafe area.

If you can stay where you are without increasing the risk to you or others, do so. When police and medical personnel arrive at the scene, they will help guide you to a safe place without increasing the risk to those involved in the automobile crash and other drivers.

Check on Others

Check on the other passengers of your car first to see if anyone is seriously injured. You should do this while you’re calling for medical help. That way, you’ll have an accurate injury count to provide to the dispatcher. If you’re able to get to the other car to see if they are injured without endangering yourself or furthering your injuries, you may do so. However, if you’re injured, it’s best not to move unless staying in the car poses an eminent threat to your safety.

Solicit the Help of Witnesses

If other people saw the car or truck accident and are standing around the scene (or otherwise available for conversation) be sure to ask them if they’d be willing to talk to the police and medical personnel who arrive. Eyewitnesses can corroborate each other’s stories, and also help to provide support for your claim. Physical evidence is important, but it can only go so far in telling the medical and legal professionals handling your case what happened. Eyewitness testimony can go a long way to proving your case should it go to trial, but they can also provide crucial information for your insurance company and the first responders, as well.

Capture It
Take as many pictures as possible immediately after the RI or MA auto accident/ crash. Even if you can’t leave your car, if you have access to a camera or a smartphone with a camera app, start taking as many pictures as you can. Once the accident has been cleared from the road, it’s much more difficult to determine what happened. The more images you can take, the better your case will be, and the more efficient the legal and medical professionals acting on your behalf can be. Pictures are often the proof you need to convince others of your version of what happened. Also, all the pictures you take may go into your insurance file, so even if it never goes to court, you still might be able to help yourself financially in this manner.

Track Expenses
It’s crucial that you track any medical, legal, or other expenses related to your motorcycle , bicycle or semi truck accident, and keep them in a folder or file that you can easily access. Your insurance company, personal injury lawyers, other medical professionals, and anyone else related to or working on the case will need this information, and it will be particularly helpful to you if you have to go to trial due to your motor vehicle accident.

Remember: safety is your first priority. Gather all the information you can, call emergency services, get to a safe place if possible, and let the professionals do their job and help you and those with you. However, be your own advocate as well by taking pictures, tracking expenses, gathering witness testimony, and keeping a file with all of this evidence. Accidents can happen, but now you’ll be prepared.

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 Personal Injury Lawyer | Types of Car Accidents in Rhode Island

September 17, 2014

RI Types of Car Accidents Car accidents top the list of personal injury cases filed in the U.S. every year. Nearly one out of every two vehicle accidents cause injury to motorists and passengers, and almost all have extensive vehicle damage.

Car accidents colliding with other vehicles, objects and commercial trucks can cause significant injuries from bruises and scrapes to permanent disability and, in some incidences, death. Many accidents in Rhode Island and Massachusetts involve the need for medical professionals, even minor fender benders. The most common types of car accidents nationwide and in RI and MA include:

• Rear End Collision – The U.S. National Safety Council indicates that there are more than 2 million car accidents each year. Most are caused by driver inattention, tailgating, intoxication, weather conditions, road defects, construction, faulty brake lights and areas involving law enforcement with radar guns.

• Head-on Collision – Fatal car accidents in Rhode Island and Across the U.S. often involve a head-on collision. Even when both vehicles are traveling at a slow speed, the accident can be catastrophic. Often times, survivors are faced with astronomical medical bills and permanent disability. Sleepiness, driver fatigue, phone use, failed traffic signs and signals, younger and older drivers, and intoxication are some of the leading causes of a head-on collision.

• Side-Impact – When a driver is T-boned or hit from the side, they can suffer extensive, crippling injury. This is typically because the body makes a whip-like motion before taking a forceful blow from the side-impact. This type of accident can be caused when the vehicle slams into a lane divider, bridge abutment, or is hit by another vehicle.

• Multiple Vehicle Collision – A variety of conditions including bad weather, excessive speed, fatigue, intoxication, cell phone use and police chases can be the root cause of a multi-vehicle collision in Rhode island. Often times, the victims suffer catastrophic injury and death because the pile-up increases the potential of bent steel, broken glass and leaking fuel.

• Hit and Run – Unfortunately, leaving the accident scene is an all too common problem in the US and in Rhode Island and Mass. The responsible party leaves without providing identification or rendering aid. Motorist responsible for a hit-and-run often face extensive civil and criminal penalties when found. The driver may leave the scene because of intoxication, drug use, or when fleeing the law. When involved in any type of accident in Massachusetts and Rhode Island and Providence Plantations it is important to stay calm, check others for injuries, and call the police.

• Parking Lot Accident – Oddly, one in every five accidents happen in a commercial parking lots. Unfortunately, serious injuries can still happen in this type of accident, when the motorist backs up over pedestrian or hits another vehicle when not paying attention.

• Minor Collision – A minor car accident can happen when backing out of the driveway, not properly stopping at an intersection, or when driving in inclement weather. Unfortunately, serious injuries can result in a minor car accident, especially when driving at an unreasonable speed through a school zone, in a mall parking lot, or in construction areas.

Law enforcement is often involved in a car accident, documenting the collision and gathering information. In many incidences, the police officer will determine which driver is at fault. However, their decision might not always be based on the facts involved. Because of that, it is important to consider hiring a skilled Rhode Island personal injury attorney or a MA car accident lawyer that specializes in vehicle accidents when filing a claim for financial recompense.

http://www.nsc.org/Pages/National-Safety-Council-Estimates-First-National-Increase-in-Traffic-Deaths-Since-2005-.aspx

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 and MA Car Accident TIPS by a Mass. & Rhode Island Auto Crash Attorney

November 28, 2013

Car Accident Lawyer Tips Rhode Island (RI) and Massachusetts (MA) Car Accident Tips

1) Never admit fault for a Rhode Island or Mass motor vehicle crash at the scene of the accident. After the collision, you should make sure everyone is ok and notify the police of the mishap.

2) Take pictures and videos of the scene of the wreck and the automobiles involved. If you are bruised, scarred or have a visible physical condition then take a picture when the condition looks its worst.

3) Be aware of your surroundings and take notice of all traffic signs, traffic signals as well as road or highway conditions. If necessary take pictures of any pertinent signage or road conditions. If you were involved in a big rig or tractor trailer accident take pictures of the truck, signs indicating ownership or maintenance of the semi and any warning signs on the big rig.

If there was a motorcycle involved, take pictures of any skid marks caused by the bike. Especially in the case of a trucking accident, such as semi truck crashes, be aware if the accident may have been caused by drowsy or sleepy driving. If you suspect that the truck driver is tired then alert the police to your suspicions.

4) If you are injured or feeling any pain make sure that you bring it to the attention of the officer at the scene of the crash.

5) If you are cited for a motor vehicle violation then retain an experienced lawyer to represent your legal interests. If you are found guilty of an infraction it may preclude your injury recovery in a RI or Massachusetts negligence claim.

6) If you were distracted by a phone, gps, computer or were texting at the time of the automobile accident then refuse to answer any questions of the police concerning that issue and take the fifth amendment, if asked. Any distracted driving accident could cause a reckless driving criminal case or even a negligent homicide/ reckless driving death resulting if the accident was fatal.

If the police asks permission to see your cell phone or mobile device then tell them that you do not consent to any searches. The fifth amendment is particularly important in distracted driving cases if someone was killed or seriously injured and you could face serious criminal charges as a result of the wrongful death.

7) Observe the conduct of the other drivers in the accident to see whether the other operators were under the influence of drugs or alcohol. If you suspect that any operators were drunk then notify the police of your suspicions that the accident was caused by drunk driving.

8) If the other driver was texting, distracted, using his gps or on the cell phone/ smart phone make sure you notify the police officer who arrives at the scene

9) Do not answer any questions from the insurance adjuster concerning the accident until you have consulted with a Rhode Island Personal Injury Lawyer

10) If you are injured or in pain make sure you seek medical treatment as soon as possible. If you wait too long, the insurance adjuster will try to discredit you and claim that any injuries were not caused by this particular motor vehicle or motorcycle wreck. If you are seriously injured in the RI auto crash then request an ambulance to go to the hospital. Do not miss medical appointments and make sure you treat for your injury. If you do not treat for your injury then you will not be compensated for your pain and suffering If you go long periods while you are in pain but not under the care of a medical provider, receiving physical therapy or treating with a chiropractor then the Insurance company will claim that you were not injured during that time period!

11) Keep accurate records of all medical appointments, treatment facilities, treatment providers with address phone numbers and dates of treatment. Also keep records and receipts of all prescriptions and medical devices.

12) If you were injured in the motor vehicle accident contact a Rhode Island or Massachusetts Personal Injury Attorney AS SOON AS POSSIBLE!

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.