If you have suffered injuries in a vehicle accident, you likely have the right to file a personal injury claim or lawsuit against any individual or entity responsible for your damages. A reputable Rhode Island personal injury attorney has answered many of the common FAQs (frequently asked questions) below involving tort law, car accidents and receiving financial compensation.
How do I know if negligence caused my accident?
Nearly all passenger car accidents are the result of negligence of one or both drivers. To determine negligence, a RI personal injury attorney will evaluate the evidence to see if various conditions existed at the time of the accident that could include:
- The other driver was inattentive to current road conditions
- The other motorist was driving distracted
- The accident occurred because the other motorist was exceeding the speed limit
- The other driver signaled improperly or failed to use a signal when making a turn or changing lanes
- The other vehicle in the RI car accident was improperly maintained
- Some defect in the vehicle’s components or equipment caused the accident
- The other motorist was driving drunk or under the influence of drugs
The other driver does not have insurance. Can I still file a claim pursuant to Rhode Island personal injury law?
At least 25 percent of all drivers on Rhode Island highways, side streets and roads are uninsured, and many of these motorists cause accidents every year. However, just because the other driver has no insurance or you are the victim of a hit-and-run accident, you may still have recourse to collect your damages to pay for medical care, automobile replacement/repair and other compensation for your pain and suffering. Your personal injury attorney can help you file a claim against your own insurance using uninsured or under-insured motorist coverage in your policy.
The claims adjuster settling my case wants me to make a recorded statement. Should I?
Never give a recorded statement to the insurance adjuster or anyone else without speaking with a Rhode Island personal injury attorney. While you are obligated to be cooperative to the insurance carrier providing coverage for your injuries, you are not obligated to provide a recorded statement and should not do so without consulting your personal injury attorney. In some instances you may have a contractual obligation to give a statement to your own insurance carrier. Anything you say can be turned against you, which could minimize the financial outcome of your negotiated settlement or jury award at trial.
What is the amount of financial compensation I can expect to receive?
The amount and type of financial recompense you can expect to receive is dependent on the type of accident involved and the extent of your injuries. Your Providence personal injury lawyer will seek to recover financial compensation for your damages that could include:
- Medical expenses such as ambulance fees, emergency room costs, medical treatment, surgical procedures and any other costs associated with your recovery
- Lost earnings due to your injuries
- The loss of any future earning capacity because of a temporary or permanent disability
- Physical therapy and rehabilitation expenses
- Compensation for your disfigurement, disability or emotional trauma
- Pain, suffering, mental anguish and grief
- Compensation for wrongful death that could include the loss of financial support, consortium and companionship
The other driver’s insurance carrier denies liability, claiming I do not have a case. What now?
Disputing liability is what insurance companies do. In fact, many claims adjusters will use this tactic as a way to avoid making a payout on a claim. Other times, they will use schemes to delay payment or use your words against you to disprove their policyholder’s responsibility of causing your injuries and damages. However, because you will be expected to prove their liability, it is best to hire a reputable Rhode Island personal injury car accident attorney to handle your case. This will ensure that you receive the financial compensation you deserve.
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.