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Rhode Island RI Personal Injury Law FAQS – Automobile – Car Accident – Damages – Pain & Suffering

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1) If I am injured in an automobile accident, what do I do?

Make sure you stop at the scene of the car accident and notify the police department immediately about the accident. If possible, please get all of the information about the other parties involved in the accident, including their name, address, telephone number and insurance information. Make sure you receive treatment for your injuries with a medical provider as soon as possible.

At the time of the accident, please get the names, addresses and phone numbers of any witnesses to the accident. If you have a camera or a cell phone with a camera, please take pictures of your automobile, the other automobile and the scene of the accident. If you have any bruises or physical conditions that are noticeable, please take pictures of the physical condition as soon as possible. Please do not give any statement to the insurance adjuster until you have had the opportunity to speak with an attorney.

2) How do I determine how much money I am entitled to as a result of the accident?

In order to determine the value of the case, the attorneys must look at a combination of factors, including lost wages, pain and suffering, permanency of the injury, any scarring or disfigurement, loss of consortium, periods of disability, etc. Determining the value of a case is an art rather than a science. The amount of the medical bills incurred will be one important factor in determining the value of the case.

3) Does Rhode Island have a statute of limitations for personal injury cases?

There is a three year statute of limitations to file a lawsuit for negligence in Rhode Island. If you do not file a lawsuit within three years from the date of the accident, you will be forever barred from filing a claim as a result of the accident. In the event that the claim is for personal injuries against a city or a town, there are very strict notice requirements.

4) What if I am injured and the other party is at fault but has no insurance?

You have the legal right to file a claim against the person or corporation whose negligence caused your injury. However, in many cases the negligent party does not have the assets or funds to be able to pay your damages. So long as you have uninsured or under-insured motorist protection, you will be able to file a claim against your own insurance company for uninsured or under-insured claims.

5) How do I recover if I am hit by a hit and run motorist?

If you have uninsured motorist protection with your own insurance carrier, you may be entitled to make a claim against your own insurance carrier.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers 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.

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5 Reasons To Contact A Workers’ Compensation Attorney

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Occupational injuries are much more common than you might think. According to the U.S. Bureau of Labor Statistics, more than 3.0 million nonfatal workplace injuries were reported in 2013, resulting in an alarmingly high incidence rate of 3.3 cases for every 100 full-time workers. Although many of these accidents occurred in traditionally risky workplace environments (e.g., construction sites, coal mines, and oils rigs), most were reported by employers in relatively safe settings.

What Is Workers’ Comp?

The good news is that most companies are required carry workers’ compensation, which is a type of insurance that provides coverage for work-related illnesses and injuries. The bad news is that there is no guarantee you will by fully reimbursed for your medical expenses, lost wages, and pain and suffering you experience as a result of an accident at work. With that in mind, here are five reasons you might decide to contact a workers’ compensation attorney.

1. You Can No Longer Work

Severe occupational accidents may result in a disability that prevents you from working ever again. Because the insurance companies that provide workers’ comp coverage are not in the habit of cutting huge settlement checks unless they absolutely must, you will need the services of an experienced workers’ compensation attorney to handle negotiations for you. It is important to note that permanent disability settlements must last you and your family for the rest of what would have been your working years. Expert legal representation is needed to secure the largest possible settlement.

2. Your Employer Did Not Have Insurance

Because workers’ comp can be expensive, some unscrupulous employers do not carry it. If you were hurt on the job and your boss informs you that he does not have insurance, you can sue him for damages. As an employee, you have the right to be reimbursed by your boss for any out-of-pocket medical expenses, lost wages due to the injury, as well as your pain and suffering.

3. Your Employer Denies Your Claim

Because insurance premiums get more expensive the more claims you submit, employers are often reluctant to approve a claim unless they must. An experienced attorney can ensure that your boss understands the legal ramifications of denying a legitimate claim only because it might end up costing him more money for coverage.

4. Negligence Was Involved

Even if an accident caused the injury, gross negligence is grounds for a lawsuit. Whether the negligent party was your boss or another employee, you should explore your legal options with the help of a lawyer.

5. You Need Surgery

Once again, insurance companies are often reluctant to approve surgeries unless they are deemed necessary. An experienced attorney may be able to convince the insurer that your surgery is not only necessary, but also cost-effective.

If any of those mentioned above are true, you should contact a workers’ compensation attorney as soon as possible.

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Can I Make A Road Accident Compensation Claim If The Road Caused The Accident?

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What if you had a road accident and the at fault party was the poor condition of the road? Can you make a road accident compensation claim? Is the government (city, county or state) responsible for your damages and injuries?

Not A Far Fetched Scenario

There are many accidents that are caused by faulty or roads that are in disrepair because of many factors including weather. Roads aren’t static, they are affected by the type of vehicles that travel over them (large trucks can damage roads) as well as weather condition, a combination of the two and other factors.

Governmental agencies are given the responsibility of maintaining roads, but with budget cutbacks and other bottlenecks, don’t always keep the roads in tip-top condition. This can and does cause road mishaps that may cause serious injuries.

What Does It Take To Win

Governments aren’t like people when it comes to liability or everyone would be suing them an winning all the time. An agency would need to be shown to been clearly negligent. Things that might be considered in an action:

  • Was the agency responsible for the roads aware of the problem with the road? One or many complaints would be proof that they had knowledge of the problem, if nothing was done about those complaints.
  • Did the governmental agency put up any kind of warning, such as temporary signs to warn citizens of the dangers. If the dangers were clearly marked, the agency is doing the right thing.
  • How soon was the road damage repaired? Things have to be prioritized in government and the greater the danger, the sooner the repair. Can it be proved that the agency didn’t react quickly enough to the danger based on the severity of the problem?
  • Were there any other factors involved in the mishap. Were any of the drivers exceeding the speed limit or perhaps found to have been drinking? If the drivers involved were not following the law, the road’s condition, unless severely damaged may not matter.
  • Can a pattern of mismanagement be proved against the agency with other road repairs? If there are other dangerous road repairs that are not being tended to, this could be a problem.

The Bottom Line

Compared to a road accident compensation claim against an individual or their insurance company, this type of claim can be more difficult to prove and win and unless the road problem is particularly egregious.

Many cities and counties do carry liability insurance for this type of accident, but I believe that you will have to go the extra mile to win. You would probably want a law firm that is well versed in this type of law and has had successful experience in these types of road accident compensation claims.

This article is for informational purposes only is not to be used for legal or medical advice. Please consult with a legal or medical professional for the appropriate advice.

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Things To Learn About Hiring An Expert Vehicle Rollover Lawyer

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Even in this modern age and our futuristic technology, car manufacturers still haven’t invented a way for automobiles to be perfectly safe. We cannot dismiss the fact that some vehicular accidents happen due to the negligence of the car companies.

This is partly because in car designs nowadays, safety is no longer the first thing in the minds of manufacturers. They tend to overlook some errors thus compromising the safety of every passenger.

Even some prominent names in the car industry have made headlines due to being involved in a number of car rollovers. Most cars that get into rollover accidents are SUVs. They have a significantly higher chance to roll over compared to passenger cars. This is because they are highly unstable and they have a higher center of gravity.

SUV fatalities have already risen to an alarming rate of 11 percent in 2003 to 4,451 people. This is threatening to the public since many families use this type of vehicle. SUVs have accounted for 25 percent of vehicle sales in 2004 reaching over 22 million.

Other facts and statistics on rollover accidents:

o Taller, narrower vehicles are more likely to rollover

o A person is 75% less likely to be killed in a car rollover if he or she is wearing his/her seat belt

o Rollover crashes account for 33% of all passenger vehicle fatalities

o More than 10,000 people a year are killed in rollover crashes

It is very troubling that information about these accidents are withhold from the consumers. Though rollover accidents only comprise 3 percent of vehicular accidents, people should not risk their chances. Rare as they may be, rollover accidents comprise a very high rate of causing severe injuries to passengers among vehicular accidents.

Some Causes of Rollovers are:

o Vehicle-type- All types of vehicles can rollover but cars that have higher center of gravity are more susceptible to rollover

o Speed – Rollovers are speed-related

o Driving Under the Influence – Impairment from alcohol intake can make more drivers likely to lose control of their car

o Location – Rural roads that do not have barriers or division are more likely to be a scene of a rollover accident

Like other types of vehicular accidents, there also are lawyers who offer their services and assistance to the drivers and families injured in rollover accidents. Do not be afraid to seek their advice since you do deserve compensation for the damages that the accident has caused you.

If you are in serious need of an expert and competent lawyer, you may able to find one through the web. Of course, several law firms will appear. So make sure that you seek only the best.

Hire a lawyer coming from a respected law firm and one who has the expertise of handling personal injury cases and car accidents.

However, if the victims only suffered minimal damages, negotiations may be settled between the parties instead. If you know how to handle and understand negotiations, then you can probably work one out with the other party. But, if you are uncertain and need legal advice, better consult one, rather than bearing all the burden on your own.

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