Successfully resolving a Rhode Island personal injury case for compensation can be complex. This is because every tort lawsuit, whether it is based on strict liability, negligence or intention, involves two crucial legal issues – damages and liability. To resolve a RI car accident case, the victim must establish that the defendant is liable for the victim’s damages and, if true, to what extent. If the victim can prove causation, duty, damages and liability, a jury or a claims adjuster will award the victim the compensation they deserve. A Providence car accident lawyer can help you get the justice and compensation you deserve. In most cases, victims will hire a Providence car accident attorney who specializes in tort law and automobile accidents. Below are the most common frequently asked questions concerning personal injury claims in Providence. A car accident lawyer from Providence RI answers the following questions.
How does a personal injury truck or motorcycle accident claim work in Rhode Island?
The lengthy process of resolving a trucking wreck case begins in a consultation with a RI personal injury attorney to discuss all potential legal options. If the case has merit, the Providence car accident lawyer will begin the discovery process. The discovery process is the process where evidence is gathered, witnesses are interviewed, and the incident is fully reviewed. This might involve a complete evaluation of medical records and police reports to build a solid case for compensation. Most cases are resolved by a RI auto crash attorney negotiating with an adjuster working for the insurance company policyholder. If the amount of compensation is not acceptable to the victim, the RI personal injury attorney will file a lawsuit in Providence Superior Court to present the case at a jury trial.
How much money do I need for my personal injury case?
Reputable RI personal injury lawyers accept these types of cases on contingency. This means the the injured victim pays nothing for legal services until the Rhode Island personal injury lawyer successfully settles the claim through a negotiated out-of-court settlement or wins a jury award at trial.
What constitutes legal personal injury in a filed claim for compensation?
Personal injury attorneys in Rhode Island and a Providence auto accident lawyer can handle a large variety of cases from vehicle accidents / car collisions to medical malpractice and more. A small sampling of common Rhode Island personal injury cases involves:
- Accidental death / Rhode Island wrongful death
- Dog bite or animal attack
- Childbirth injuries
- Vehicle accidents including truck accident, boats, motorcycles and passenger cars
- Nursing home abuse or negligence
- Defective product liability
- Bad drugs / defective and dangerous drugs
- Premises liability including RI slip and fall accidents
- Public transportation accidents
- Medical malpractice in Rhode Island
- Bicycle and pedestrian accidents
- Wrongful death / Fatal RI car accident
- Hernia mesh lawsuit
How much is my case for compensation in Kent County Superior Court worth?
Determining the value of a case for automobile accident injury compensation can be difficult. However, your Warwick, Cranston or Woonsocket car accident attorney will review the merits of your claim, evaluate the severity of the injuries you endure, and review the insurance limits of all policies involved. The Providence RI car accident lawyer will identify every defendant responsible for your damages. In most cases, the value of the RI injury claim is based on five specific factors that include:
- Past and current medical expenses including the cost of hospitalization, rehabilitation and physical therapy.
- All future medical expenses to allow you to heal completely including the cost of managing temporary or permanent disabilities.
- Lost wages from time missed from work.
- Loss of earning capacity due to physical or mental constraints directly associated with your injuries.
- Intangible damages including pain, suffering, emotional trauma and mental anxiety.
Your Providence car accident lawyer will use numerous factors to determine the actual value of the case. The following factors my be significant:
- diminished capacity to enjoy your previous life,
- the cost of ongoing medical treatments and
- your litigation history.
How long does a case for tractor trailer accident or motorcycle crash compensation take?
The amount of time it takes to resolve a RI personal injury lawsuit or Rhode Island motorcycle accident can take months or even years. However, if the claims adjuster working for the indemnity insurance company does not offer you adequate recompense, the resolution of the case may take longer if the lawsuit goes to trial.
Is a RI motorcycle accident attorney necessary for my case? | Car accident lawyer Providence RI
Most cases require hiring a Providence car accident lawyer or 18-wheeler injury attorney to ensure the victim’s rights are protected and to insure the victim receives adequate compensation. Reputable Barrington, Bristol and Warren personal injury lawyers handle these types of cases on contingency and will offer a free, no obligation consultation to discuss the merits of the case and provide various legal options on how to proceed.
Car accident lawyer RI
Driving on the roadways is getting more dangerous as the years go by. There are currently more than 208 million people with a driver’s license in this country. While driving provides you with ample freedom, it can also bring on some serious issues. Data show that there are more than three-million car accidents each year. Did you know that 16 percent of those misfortunes are caused by people not paying attention behind the wheel? People are on their cell phones, texting, putting on makeup, or engaging in some other distraction. If you were injured in a car accident in Rhode Island, contact a RI personal injury lawyer. A personal injury attorney RI will help you get the compensation and justice you are entitled to.
Vehicle crash types used by police
While most people depend on their vehicles to get them to and from work and other places, there is a chance that you could have an accident. You can be seriously injured, and many incidents go to court seeking damages for personal injuries. When you are involved in an automobile accident, your report will classify the type of incident that occurred. The classification means everything, especially since it can help to determine fault. Here are the vehicle crash types used by both police and insurance agencies:
A head-on-collision is where two cars crash head-on. In this instance, either party can be at fault. However, a head-on-incident can also include just one car and an object. If a vehicle runs off the road and hits a tree or other thing from the front, it can be classified as this type of crash. The unfortunate part about dealing with these types of incidents is they are more likely to cause a fatality than any other kind of wreck. About two percent of all accidents are considered a head-on-collision. However, of those accidents, more than 10 percent will have fatalities.
When an accident happens at the rear of the vehicle, it is classified as a rear-end collision. In most cases, the fault almost always goes to the person who hits from behind. The theory behind this is that they are following the other car too closely. They are usually cited with “unassured clear distance” for not allowing sufficient room between the vehicles. However, there are some cases when the other party may be at fault. Only an attorney can help determine who is truly at fault for this type of crash.
A T-bone crash is where one car hits another from the side. The side impacts are often very messy accidents. These accidents can be categorized as being broadsided or a side-swipe too. One car hits the side with the back or front of their car. It can also be an object that is hit. Most of these accidents occur at a stop sign or a traffic light.
A hit-and-run incident is not really a classification as much as it is an occurrence. When someone hits a vehicle and leaves the scene of the accident, the insurance company and police will determine that it is a hit-and-run. Since there is no other party to hold responsible for the charges, your insurance must pay for the repairs. You will have to pay the insurance deductible to get your vehicle repaired.
The side-swipe accident is usually a mild incident. One car swipes another car or object. The damages are usually not as bad as a side occurrence from a T-bone. In many cases, a side-swipe happens with a mailbox, road sign or other objects close to the roadway. Property damage is usually more severe than vehicle damage when these occur. While many are harmless accidents, if one of the persons loses control of their vehicle, then it can turn into a major accident. Regardless of the type of crash, when a total loss of the vehicle occurs, it can result in a fatality.
Rollover accident in RI
A rollover wreck often causes all sorts of medical problems, specifically with the neck and back. The vehicle can flip on its side or completely in the air. This type of incident is often seen with the larger sport utility vehicles. Drivers go too fast around curves and the top-heavy vehicles turn over. In fact, 29 percent of all rollover accidents include a fatality. While statistics show that some types of accidents have a higher chance of causing physical damages than others, you can be hurt anytime there is a collision. You need a good lawyer on your side to help you get compensation to cover your pain and suffering. Never make a statement about an accident without an attorney present. Anything you say can be used by the insurance company to decrease the amount they must pay. Get a medical evaluation right away and call a car accident lawyer ri.
things you need to know
Car accidents are one of the primary causes of personal injury claims in the United States today. In Providence, Rhode Island heavy traffic and winter weather can make accidents more likely. If you have been injured in a car accident in Providence, here are some things you need to know about filing a personal injury claim.
Providence Car Accident Lawyer
Statistics show that one of the primary causes of car accidents in the United States, is distracted driving. According to the Center for Disease Control or CDC the most common types of distracted driving are:
- Losing Concentration While Driving
- Removing Hands From The Wheel Resulting In A Loss Of Control
- Taking Eyes Off The Roadway While Driving
Today, so many motorists are using their cell phones while hurrying to work which increases the odds of having an accident. Some other common causes of accidents are speeding, impaired driving and reckless driving.
Statute Of Limitations for Providence car accident
If you have been injured in an accident in Providence, you have a certain amount of time to file a personal injury lawsuit. When filing a case for personal injury caused by another driver, the statute of limitations is three years from the date of the accident. In these cases, it is best to seek the advice of a Providence car accident attorney as soon as possible to avoid confusion. Pursuant to RI Injury law: “(b) Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.” TITLE 9Courts and Civil Procedure–Procedure Generally CHAPTER 9-1 Causes of Action SECTION 9-1-14 § 9-1-14 Limitation of actions for words spoken or personal injuries.
People who are injured in car accidents can sue the other driver and their insurance company for a variety of expenses. Here are some things you may be able to recover money for:
- Medical Bills
- Transportation costs
- Loss Of Wages
- Cost Of Therapy Or Ongoing Treatment
You may also be able to obtain a monetary settlement if you have been disabled as a result of the accident. The court will use information such as lost income and the loss of earning capacity for the future to determine how much to award. If you have been involved in an accident and are injured, it may benefit you to seek the advice of an experienced Providence personal injury attorney or a Providence car accident lawyer. These specialists can evaluate your case and help you decide how to go forward. In many cases, a Rhode island personal injury attorney can take the stress out of the legal process so you can focus on recovering and returning to your life.
serious matters requiring the attention
Car accidents in Rhode Island are serious matters requiring the attention of a top Rhode Island car accident lawyer. In order to prevail and receive compensation for your injuries resulting from an auto accident in RI, the injured victim is required to establish that the tortfeasor was at fault. To be at fault for a RI car accident, the other motorist must be negligent. If a driver is negligent for a motor vehicle crash, their insurance company is liable to pony up cash to resolve the cause of action.
Rhode Island car accident lawyer
If you were injured in a RI car accident or Providence auto crash it is important that you protect your legal rights. Never admit fault at the scene of the Warwick, Cranston or Pawtucket automobile collision. Taking pictures and videos of the scene of the Woonscoket, North Providence or Newport motor vehicle wreck will help support your negligence claim. Preferably, get pictures of skid marks, signage, road configurations as well as the various motor vehicles involved in the auto crash. If possible, obtain pictures prior to the vehicles being relocated by the authorities or individual involved in the Rhode Island car accident. All the while, make sure that you are emphasizing your safety as well as the safety of others at the scene of the automobile crash.
If you are legitimately injured in a Rhode Island car accident, it is imperative that you obtain treatment for your injuries. Insurance adjusters will not compensate you for periods of time when you are not treating for your injuries pursuant to your doctors recommendations. Do not speak to the insurance defense car accident negligence attorneys or insurance adjusters. Immediately, retain one of the best car accident lawyers in Rhode Island who is also a top RI personal injury lawyer.
How is negligence determined in a Rhode Island car accident
” This court established that the “prudent person” rule is the standard by which conduct is to be measured in ascertaining whether due care has been exercised; that is, “[o]rdinary care is such care as a person of ordinary prudence exercises under the circumstances of the danger to be apprehended.” Id. (quoting Leonard v. Bartle, 48 R.I. 101, 104, 135 A. 853, 854 (1927)). 502 A.2d 827 (1986)Carol H. HUESTONv.NARRAGANSETT TENNIS CLUB, INC.No. 83-115-Appeal. Supreme Court of Rhode Island.January 10, 1986.828*828 John T. Walsh, Jr., Joseph V. Cavanagh, Higgins, Cavanagh & Cooney, Providence, for plaintiff. Edward L. Gnys, Jr., Richard O. Lessard, Gunning, LaFazia & Gnys, Inc., Providence, for defendant. OPINION SHEA, Justice.
RI car accident attorney sets forth common types of vehicular collisions
There are hundreds of different types of car accidents in Rhode island. These include:
- rollover accident
- rear-end collision
- side impact(T-bone)
- texting while driving crash
- drunk driving collision
- distracted driving
- drowsy, fatigued and tired driving
- lane violation accident
- merge accident
- fatal (deadly) auto wrecks
- intersection accident
- multi vehicle crash
- single car accident
Rhode Island car accident cause hundreds of different types of injuries specifically including:
- fractured leg
- fractured and broken arm
- traumatic brain injury (TBI)
- whiplash injury
- internal injuries
Laws related to driving in Rhode island to prevent RI car accident ( Rhode Island car accident)
- u-turn – “§ 31-16-4 Places where U-turns prohibited. – No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to, or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet (500′). Violations of this section are subject to fines enumerated in § 31-41.1-4. ”
- § 31-27-1 Driving so as to endanger, resulting in death. – (a) When the death of any person ensues as a proximate result of an injury received by the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in death”. (b) Any person charged with the commission of this offense shall upon conviction be imprisoned for not more than ten (10) years and have his or her license to operate a motor vehicle suspended for no more than five (5) years
- § 31-27-2 Driving under influence of liquor or drugs. – (a) Whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.
“The crash involved a group of six motorcycles with nine total riders on the six motorcycles and a pickup truck. Five of the six motorcycles were involved in the crash with the pickup. The six motorcycles were traveling west on US 14/16/20. The pickup, a 2003 Chevrolet C/K 1500, driven by 61 year old Ontario, Oregon resident Manuel Defuentes, was traveling east on US 14/16/20. The vehicles met in a gradual curve in the highway. The truck driven by Defuentes crossed the centerline of the road while in the gradual curve and entered the westbound lane of travel. After crossing the centerline, the pickup struck five of six westbound motorcycles with seven total riders on the five motorcycles that were struck. The five motorcycles struck were all 2015 Harley-Davidsons. The majority of the riders involved in the crash were wearing helmets. Whether all the riders involved were wearing helmets is still being determined. The four non-fatal riders involved in the crash were all transported to West Park Hospital in Cody. Three of the four non-fatal riders were then airlifted to Billings, Montana. The fourth was treated at West Park Hospital and released. The three that were airlifted to Billings” KTVQ
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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.