Rhode Island Personal Injury Lawyer | Slepkow Law (1932 Tradition)

The Rhode Island personal injury lawyers at Slepkow Law are committed to ensuring aggressive representation concerning car accidents, truck crashes and motorcycle accidents. We help clients get top dollar settlements. Slepkow Law has a Family legal tradition since 1932. David Slepkow was voted a best three lawyer in Rhode Island. A Rhode Island personal injury attorney at our firm will help you get a high dollar settlement, even if the motorist at fault for the accident is an uninsured motorist.

Rhode Island personal injury lawyer

We do everything in our power to help you get the best settlement possible to compensate you for your injuries. A Rhode Island personal injury attorney not a paralegal, will guide you through the Personal Injury settlement process and a potential lawsuit. We offer contingent fee arrangements. This means that there is no fee unless we are successful in obtaining a legal settlement or judgment for you. A Rhode Island personal injury lawyer at Slepkow Law will advance out of pocket expenses, medical expert fees, medical record fees and deposition costs in all negligence and injury lawsuits. We are only reimbursed when you obtain your settlement or prevail after a full negligence trial on the merits

David Slepkow, has authored numerous articles

Please contact us with your legal questions and inquiries and a lawyer will respond as soon as possible.

Evening Appointments with a Rhode Island personal injury lawyer are available,
Home and hospital visits,
Limited weekend appointments available.
If you need legal representation in workers compensation for work related injuries or social security disability (ssi/ ssdi) then we will refer you to a top RI workers compensation lawyer or a top RI SSDI attorney.
A Rhode Island personal injury attorney will help you get the compensation you are entitled to.

How do I find the best personal injury attorney in Rhode Island?

Traditionally, many people found the best personal injury attorneys in Rhode Island through word of mouth. Often, the local traffic ticket attorney or probate lawyer would refer an injured victim to his buddy down the street who settled some rear-end car accidents claims. These local car crash lawyers were usually not the best auto accident lawyers in RI.

Best personal injury lawyer in Rhode Island

Finding the best Providence personal injury attorney. Injury claimants with lucrative premises liability, pedestrian accident and car wreck causes of action can utilize the internet to research: “who are the best car accident lawyers in RI?” The internet is an invaluable resource to find the best slip and fall lawyers and high powered RI wrongful death attorneys in Rhode Island. Looking at the websites of personal injury law firms in Rhode Island and Massachusetts will allow you to evaluate the various firms.

We all know that the cream rises to the top and that usually means the top of the google natural search results, as well. If a lawyer is not talented and well regarded enough to get to the first page of google search results, how in the world is that same Providence injury attorney going to get you the most amount of money for your Rhode Island injury and car collision claim?

Through the vigorous vetting process

Be careful of local lawyers who cheat the system and purchase google ad words to get to the top of the paid search results. These injury lawyers have not gone through the vigorous vetting process that is the google search algorithm.

Of course, getting to the first page of the natural search results does not make you a great RI personal injury attorney but it certainly is often a prerequisite. This does not mean that an East Providence injury attorney must be at the top of every single search results. However, if a number of searches are performed and a local lawyer cannot find his way to the first page of google search, then it is time to move on to another attorney.

Once you have found the top lawyers on google natural search, you need to examine the respective lawyers experience, resources, ratings, reputation among his peers and reputation in the community. Next you need to meet the Rhode Island slip and fall lawyer to determine whether you are comfortable with the lawyer.

Personal Injury Frequently Asked Questions

Article by a Rhode Island personal injury lawyer at Slepkow Law.

If I am injured in a rear end or other type of automobile accident / car crash, what do I do?
How do I determine how much compensation I am entitled to as a result of a rear end, t-bone collision or other type of motor vehicle auto crash when another negligent motorist is at fault?
Does Rhode Island and Providence Plantations have a statute of limitations for personal injury, motorcycle accident, pedestrian mishap and car wreck cases?
What if I am injured in a Providence, Warwick or Cranston crash and the other party is at fault but has no insurance and is an uninsured motorist?
How do I get compensated fairly if I am hit by a hit and run, drunk driving or reckless driving criminal motorist?
If I am injured by an uninsured motorist, will I be compensated?

Steps to take after an injury in a car accident in Rhode Island

Make sure you stop at the scene of the Providence car accident and notify the local police department immediately about the wreck. If possible, please get the information about the other parties involved in the crash, including their name, address, telephone number and insurance information. If it is possible, take pictures and videos of the scene of the auto wreck. Make sure you receive proper medical treatment for your injuries with a medical provider as soon as possible. If you wait too long to visit the emergency room, primary care doctor or chiropractor then the insurance company will try to discredit you, claiming that your injury was not caused by this motor vehicle collision.

At the time of the mishap, please get the names, addresses and phone numbers of any witnesses to the car crash. If you have a camera or a cell phone with a camera, please take pictures of your automobile as well as the other van, SUV, truck or Motor Vehicle. Don’t forget to take videos and pictures of the scene of the car wreck. 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. Please call Rhode Island Car Accident Lawyer / Rhode Island personal injury lawyer, David Slepkow.

How do I determine how much money I am entitled to?

In order to determine the value of the Rhode Island Personal Injury case, the Providence slip and fall attorneys or Rhode Island personal injury attorney must look at a combination of factors including pain and suffering, lost wages, permanency of the injury, any scarring or disfigurement, loss of consortium, medical bills, periods of disability, etc. Determining the value of a negligence cause of action is an art rather than a science. The amount of the medical bills incurred by the injured victim will be one important factor in determining the value of a tort claim.

In the event of a fatal motorcycle / bus crash or fatality in a RI tractor trailer accident, the executor of the estate of the deceased person would need to file a wrongful death case in Providence Superior Court or the applicable county seeking damages for the beneficiaries of the estate on account of the deadly crash. Only the executor or administrator of the estate of the person killed in an auto or motor vehicle collision can seek compensation on behalf of the statutory beneficiaries as a result of the fatal motorcycle accident.

Does Rhode Island have a statute of limitations?

There is a 3 year statute of limitations to file a lawsuit for most negligence and slip and fall causes of action in Rhode Island (RI). 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. If the claim is for personal injuries against a city or a town, there are very strict notice requirements. Please consult with a personal injury attorney in Rhode Island concerning how to comply with those notice requirements. This statute of limitations does not only apply to garden variety car accidents but also applies to RI wrongful death claims and semi trucking accidents as well as motorcycle collisions.

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.

How do I recover if I am hit by a drunk driving, hit and run motorist?

If the hit and run driver cannot be found or he has no insurance you may have an uninsured motorist claim. If you have uninsured motorist protection with your own insurance carrier, you may be entitled to make a claim against your own insurance carrier. If the drunk driver does not have enough insurance coverage to pay the damages, lost wages, pain and suffering and =medical bills that you incurred

What are the different types of premises Liability Claims?

There are thousands of different types of premises liability claims in Rhode Island including Bouncer Assaults, Negligent Security, Elevator and Escalator Accidents, Construction Accidents, falls on stairs or in stairwells, electrical fires, landlord tenant accidents, porch collapse, dog bites, swimming pool accidents etc. It is important that you retain one of the best premise liability attorneys or Rhode Island personal injury attorney if you are injured in an accident.

Does SS&A represent clients in workers compensation and social security disability (ssi / ssdi) cases?

No. but if you were injured in a work/ employment related accident we would be happy to refer you to a Top RI Workers Compensation Attorney. Likewise, if you are disabled and unable to work as a result, we will refer you to one of the best Social Security Disability lawyers in RI. (Social Security disability includes both federal SSI and SSDI claims.)

Information concerning stiffness, low back pain, dizziness, shoulder pain, headaches, neck pain concerning the diagnosis and treatment of whiplash injuries from auto accidents and rear end collisions from accidents.

RI Car Accident Information

Car accidents are among the most frequent types of motor vehicle accidents causing personal injuries in Rhode Island. Personal injury law, also called tort law or negligence causes of action, cover any injury suffered by anyone as a result of a trucking accident, auto crash, slip and fall, motorcycle collision, or other mishap caused by another person’s negligent actions or inactions. If you were seriously injured in a motor vehicle wreck in RI then contact a RI personal injury lawyer or a RI personal injury attorney.

A large percent of motor vehicle accidents are caused from a motorist’s failure to obey motor vehicle codes, ordinances and laws. In some instances, the accident and resulting injuries is related to product liability. Negligence on the part of manufacturers is oftentimes the cause of car accident injuries.

To help solve these problems, your RI Personal Injury Attorney will ensure that those injured in car accidents will be able to obtain the services of qualified health care professionals. In addition, a good providence car accident lawyer will fight to help you get compensated financially for lost wages or income if your lost wages or income is as a result of the car wreck.

The best RI Auto Accident Attorneys will fight the insurance

Many brand-new cars, trucks, SUVs and other vehicles can, unfortunately, potentially pose dangerous risks as soon as they are driven off showroom floors. Faulty design has resulted in a disproportionate number of deaths from so-called rollover car accidents. This type of accidents can kill drivers and occupants of vehicles which were designed with faulty roofs. When a vehicle flips or rolls over, the roof may not be able to sustain the weight of the vehicle and instantaneously kill or severely injure the occupants. Someone dies in one third of all rollover accidents, according to recent studies. If the motorist at fault for the accident is an uninsured motorist, the victims’ problems are compounded.

Other cases of manufacturer negligence that can cause severe injury or death that otherwise would not occur in car accidents are: defective and exploding gas tanks, defective seat belts that fail to function properly and poorly manufactured tires, among many others. Very specialized knowledge is needed to successfully represent clients in such cases.

Below you will find some of the most common moving violations that result in car collisions, wrongful death (fatal RI Accidents), trucking accidents or pedestrian accidents in RI

Speeding:

Many motor vehicle accidents are caused by the person at fault speeding. A person could be speeding even though they are technically not above the speeding limit. This is sometimes called conditions requiring reduced speeds and is enumerated in RI Law 31-14-1 (§ 31-14-1 “Reasonable and prudent speeds. – No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. Violations of this section are subject to fines enumerated in § 31-41.1-4.”)

Texting and Driving AKA ‘Distracted Driving’:

Distracted driving is a major cause of automobile accidents in RI. Distracted driving has always been in existence since the first motor vehicle and even in the days of travel on horses. Back in the old days, typical distracted driving accidents were caused by mental distraction, eating and driving, conversations with passengers, children in the auto, listening to the radio etc. In the last 10-15 years there has been a huge increase in distracted driving in Rhode Island as a result of electronic devices especially devices that have text (sms) messages.

Illegal u turn accidents

Motorists illegally maneuvering a u-turn cause a small percent of the automobile accidents in RI.

“§ 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.”

Running a red light or stop sign accidents:

Some motorists intentionally do not stop at red lights or stop signs. Other motorists are acting carelessly, recklessly or otherwise distracted causing them to negligently not stop at a stop sign hitting another vehicle.

“§ 31-13-4 Obedience to devices. – The driver of any vehicle shall obey the instructions of any official traffic control device applicable to him or her placed in accordance with the provisions of chapters 12 – 27 of this title…”

Auto – pedestrian accidents:

Motorists must be particularly careful to avoid pedestrians in the street, sidewalk, garage or parking lot. If you were injured in a pedestrian accident, contact a RI pedestrian accident Lawyer

31-13-6 Meaning of traffic control signals

“…(ii) Pedestrians facing a circular green signal, unless otherwise directed by a pedestrian signal or other traffic control device are permitted to proceed across the roadway within any marked or unmarked associated crosswalk. The pedestrian shall yield the right-of-way to vehicles lawfully within the intersection or so close as to create an immediate hazard at the time that the green signal is first displayed…”

Texting While Driving Vehicle Accident Statistics

Five seconds is the least amount of time a driver’s eyes are off the road when sending or reading the text. If traveling 55 miles an hour, the amount of distance the driver covers with their eyes off the road is as long as a football field. Within that distance, anything can happen, including being involved in a serious accident with injuries or death.

While smart phone technology has changed the lives of us for the better, it can often cause more harm than good for drivers on the nation’s roads, city streets and highways. This is because during sunlight hours, more than 650,000 motorists in the United States attempt to use their phone to make a call or send a text while operating a vehicle. The number of driving distractions caused by cell phones tends to be increasing at an alarming rate. Because of that, it is essential to understand the statistics and facts to make better decisions while driving.

Common Texting Accident Statistics

Drivers receiving and sending text messages must use three specific levels of responsiveness including their manual, visual and cognitive attention. This includes taking the manual step of interacting with the phone, visual attention to watch the screen and cognitive abilities to write or read the text. Visual distractions take the eyes off the road, manual distractions take the hands away from the wheel and cognitive distractions take the driver’s mind away from driving. website

The following common cell phone statistics are from the U.S. Department of Transportation (DOT), National Highway Traffic Safety Administration (NHTSA), National Safety Council (NSC), Centers for Disease Control and Prevention (CDC) and others. The statistics include:

In 2012, more than 3300 individuals lost their lives through distracted-related vehicle accidents.
• Twenty five percent of all vehicle accidents nationwide occur because a motorist is texting while driving.
• Using cell phones while operating a vehicle causes more than 1.5 million vehicle accidents every year.
• Approximately 325,000 injuries each year are the direct result of texting while driving.
• Texting while operating a vehicle is potentially six times more dangerous than driving drunk.
• On average, 11 teenagers lose their lives each day because a motorist was texting while driving.
• More than one out of every five teenage motorists involved in an accident with fatalities were distracted because of their mobile phone.
• Teenage drivers with an additional passenger in the vehicle are twice as likely to be involved in a fatal accident, and five times as likely with more than one passenger in the car.
• One out of every four teens respond to one text message or more every time they get behind the wheel.

Talking or texting on the phone are the two leading distractions that cause a majority of vehicle accidents in the US. Younger drivers are the most susceptible to texting while driving and have the least amount of experience, especially motorists 19 years old and younger. Nearly one in five high school students in the U.S. with a driver’s license claim they have sent or received text messages and emails while operating a vehicle.

Hiring a RI car accident lawyer

If you have suffered injuries, harm or property damage in a motor vehicle accident and believe that texting or smart phone use was a factor, it is essential to hire a East Providence personal injury attorney who specializes in accident cases. Your RI Negligence lawyer can ensure that your rights are protected while the evidence is amassed and the collision is investigated.

Successful texting while driving vehicle accident attorneys in Rhode Island have access to useful resources that are necessary to build a solid case for compensation. Personal injury law firms as well as a Rhode Island personal injury attorney in Providence usually accept these types of cases on a contingency basis, so there is no need to pay any retainer or upfront fee. It is essential to file a claim or lawsuit for recompense before the expiration of the statute of limitations.

“Annual United States Road Crash Statistics

Over 37,000 people die in road crashes each year
An additional 2.35 million are injured or disabled
Over 1,600 children under 15 years of age die each year
Nearly 8,000 people are killed in crashes involving drivers ages 16-20
Road crashes cost the U.S. $230.6 billion per year, or an average of $820 per person
Road crashes are the single greatest annual cause of death of healthy U.S. citizens traveling abroad” Association for Safe International Road Travel ASIRT

This RI law injury legal article series sets forth the basic foundations of negligence, compensation and personal injury law in Rhode Island. Hopefully, these frequently asked questions and answers will answer basic questions concerning Rhode Island personal injury law. This is part 1 of a 5 part series

Motor vehicle accidents can be catastrophic and cause serious personal injuries and, in some cases, death. In fact, many individuals involved in car collisions suffer a high-impact injury one part of their vehicle collides or slams into another object or vehicle causing devastating results. Most common motor vehicle accident injuries in Rhode Island involve extensive broken bones caused by impact forces along with laceration and cuts from torn metal and broken glass. In rollover crashes, occupants riding in the vehicle are often ejected into harm’s way or tossed around inside the automobile, which causes serious injuries or death.

Statistics maintained by the National Highway Traffic Safety Administration (NHTSA) estimates that more than 3.3 million individuals suffer injuries in motor vehicle accidents every year. The facts indicate that head-on collisions and side impact crashes tend to cause the most devastating injuries to numerous body parts including the head, chest, pelvis and abdomen, even in vehicles with front and side airbags.

Common Motor Vehicle Accident Injuries

The most frequent motor vehicle accident injuries necessitating a Rhode Island personal injury lawyer involve:

• Skull Injuries and Brain Trauma – A hard impact to the head or blow that causes a piercing head injury can lead to extensive brain damage that is often referred to as TBI (traumatic brain injury). Not all TBIs are detectable, especially damage caused by a mild concussion. More serious TBIs can cause irreparable damage that impairs the victim’s critical functions including vision, speech, memory and concentration.

• Other Head Injury – Motor vehicle accidents can cause significant eye injuries that often results in total or partial blindness, injury to the ear that causes a loss of hearing or dental injuries, jaw fractures and facial bone fractures.

• Back and Neck Injuries – Rear end collisions, head-on crashes inside impact accidents can cause whiplash where the neck stretches out of place before quickly snapping back as the vehicle stops suddenly or accelerates. In addition to whiplash, other serious back and neck injuries include damage to spinal discs, vertebrae, ligaments and the spinal cord that runs from the base of the skull to the tailbone. These types of injuries can cause temporary or permanent paralysis or functional loss of the extremities.

• Chest Injury – In many incidences, a collision will cause a crushing impact and break the victim’s ribs or breastbone (sternum) especially if the occupant was not wearing a seatbelt. Airbags have significantly reduced the number of serious chest injuries though many victims still suffer damage to internal organs.

• Ruptured Diaphragm – Penetrating or blunt force trauma to the lower chest or body trunk can rupture the diaphragm, which is the muscle under the rib cage that assists in respiration (breathing).

• Foot Injury – The feet, ankles and toes can easily break (fracture) or become strained/sprained in a head-on crash.

• Knee and Leg Injury – The majority of knee and leg injuries resulting in car accidents involve crushing damage to the bones causing multiple fractures. In addition, impact to the knee can cause a meniscus tear, when knee cartilage tears from being turned or twisted.

• Abdominal and Pelvis Injuries – Many hip fractures are the result of compression on the pelvis in vehicle accidents as is damage to abdominal organs including the kidneys, spleen and liver.

• Accident-Associated Amputation – Motorcycle accidents tend to have a high incident rate of accident associated amputations where toes, feet, legs, hands and arms are severed during impact.

No fault Insurance and compensation in RI?

Does Rhode Island have no fault injury compensation? No. Rhode Island is a fault based state. The one exception is workers compensation which is no fault. However, compensation is very limited and only for employees injured during the scope of employment. Rhode Island has not adopted personal injury protection (pip) no fault benefits similar to other states such as Massachusetts.

Is Rhode Island a fault based negligence state for car and motorcycle accidents?

Yes. In RI an injured victim must establish that an alleged tortfeasor was negligent and such negligence caused the plaintiff damages. The personal injury claimant must also establish that the alleged negligent party or corporation owed the injured victim a duty of due care.

What happens is if an injured victim was partially at fault for an accident?

Rhode Island has adopted pure comparative fault. This means that an injured victims compensation as a result of an accident is reduced based on his or her percentage of fault. (For example, a victim of a fatal car accident who ran a red light while texting and driving could still receive compensation from a car motorist who was excessively speeding and failed to get their brakes inspected despite obvious signs of mechanical failure. It is possible that the texting driver who is determined to be 98 percent at fault could get 2 percent of their damages from the other negligent party. Some states such as Massachusetts have modified comparative fault. This means that if an injured victim is more than 50 percent at fault for a crash or slip and fall then they get no compensation for their injuries from the alleged tortfeasor.

What is a subsequent remedial measure?

Rhode Island is the only state in the country which allows evidence of subsequent remedial measures solely to prove liability in a premises liability or other negligence causes of action. Why do the other states prohibit subsequent remedial measures to establish liability? In, Raymond v. Raymond Corp., 938 F. 2d 1518 – Court of Appeals, 1st Circuit set forth the rationale for the majority position by stating that rule 407 “is based on the policy of encouraging potential defendants to remedy hazardous conditions without fear that their actions will be used as evidence against them. Gauthier v. AMF, Inc., 788 F.2d 634, 637 amended, 805 F.2d 337 (9th Cir.1986). A non defendant will not be inhibited from taking remedial measures if such actions are allowed into evidence against a defendant. Causey v. Zinke (In re Aircrash in Bali, Indonesia), 871 F.2d 812, 816-17 (9th Cir.), cert. denied [___ U.S. ___], 110 S.Ct. 277 [107 L.Ed.2d 258] (1989). Raymond v. Raymond Corp., 938 F. 2d 1518 – Court of Appeals, 1st Circuit 1991” Does Rhode Island follow the every dog has one free bight rule? What is the statute of limitations in Rhode Island?

What duty does a landowner owe to guests?

“Under our law, a landowner has a duty to exercise reasonable care for the safety of individuals reasonably expected to be on its premises. A landowner has the duty to use reasonable care to keep and maintain the premises in a safe condition, and to protect those individuals reasonably expected to be on the premises against the risk to be apprehended from the dangerous condition existing on the premises…. In order to find that the landowner, the defendant here, is liable to the plaintiff, you must find that the landowner knew, or should have known of a dangerous condition on the premises, and failed to exercise due care to remove the dangerous condition [within a] reasonable time [after] having discovered the condition. Source

If you suffered injuries through the neglect, abuse or mistreatment of another person or entity, you are likely entitled to receive fair compensation for your damages, losses and injuries. However, these types of cases are often complex and require the skillful attention of a top Rhode Island personal injury attorney who has a comprehensive understanding of tort law.

Selecting the best personal injury attorney in Rhode Island can make all the difference in attaining adequate compensation through a successful trial or negotiated out-of-court settlement. The information below provides the most effective tips on finding the best Rhode Island personal injury lawyer to handle your case.

#1 Begin the Search for a Rhode Island personal injury lawyer

Not every workers compensation (workers comp) or social security disability (ssi /ssdi) lawyer has success in handling complex motorcycle , truck or bicycle accident personal injury causes of action because it is a highly specialized area of civil negligence law. A skillful Providence car accident attorney will understand the complexities and legal strategies of RI personal injury law and how to build a case to achieve the most successful automobile crash tort outcome. It is essential to seek out RI personal injury attorneys or Rhode island slip and fall lawyers with extensive knowledge in working with insurance companies and claim adjusters.

#2 Assess Potential RI premises liability and trucking collision Attorneys

Assessing any potential RI trip and fall attorney begins with building an initial list containing all personal injury lawyers and auto accident attorneys in the ocean state who specialize in your exact type of incident or accident. Some law firms in Providence, Pawtucket, Warwick and Woonsocket specialize in Rhode island medical malpractice cases, RI wrongful death lawsuits, premises liability claims like slip and fall accidents or backyard drownings, nursing home abuse or product liability cases like bad drugs or defective automobiles. Begin building a list by looking online. An Internet search should include the name of the RI attorney or Barrington, Bristol or Warren lawyer and the types of cases the law firm prefers to litigate.

#3 Examine Their Online Presence

Details of the law firm posted online can speak volumes to the type of business they do and the financial outcomes of cases they have previously handled. In many cases, a East greenwich, Johnston or Lincoln law firm will offer valuable information through social media accounts. Part of your examination should include:

• Checking Online Review Sites – This includes typing in the name of the Bus, van or pedestrian crash attorney with the word “complaint” or “review” to see what information pops up.

• Checking Facebook Pages – The attorney’s Facebook presence, LinkedIn page or Twitter profile can provide valuable insight to the Providence lawyer’s attitude or philosophy on legal issues.

• Is the Content Up-To-Date? – Civil negligence, tort and liability law changes every year. Because of that, any RI pedestrian or RI fatal car crash attorney you may choose to handle your case should maintain content that is up to date. Any old outdated articles posted online might indicate the law firm’s lack of attention in important details concerning current cases they handle.

#4 The Interview

If you have an extensive list of potential North providence, Newport, Cumberland or East Providence negligence attorneys to handle your case, it is time to whittle down the names from those most likely to be hired to least likely. Most reputable Crasnton, Central Falls, Warwick or North kingston personal injury attorneys offer a free, no obligation consultation to discuss the merits and evidence in your case that usually takes about 45 minutes to complete. When you arrive at the Rhode Island liability attorney’s law office, you may actually be interviewed by an associate or paralegal. It is crucial that you understand who in the office will be handling your case specifically.

What the RI personal Injury Attorney Should Know

A skilled Rhode Island personal injury attorney who specializes in personal injury and RI car accident claims will understand that there are many layers to the accident, incident or wreck that led to your injury or the wrongful death of your loved one. A reputable personal injury lawyer or a Rhode Island wrongful death claim lawyer will understand your need for continuous medical care, recovery for your lost wages due to your accident or incident and making accommodations for your injuries that might include the need to purchase special equipment like a wheelchair.

Because of the complexities of civil tort personal injury cases, the uninsured, under insured motorist claims lawyer you choose will need to have access to valuable resources to build a successful case for compensation. To develop an effective strategy for your case, the wrongful death attorney in Rhode Island lawyer may need to hire an automobile accident reconstruction experts and medical professionals who can provide expert testimony as to how the mishap happened and why your injuries require a substantially large amount of financial compensation. “Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.” American Bar

We refer all of the following personal injury and workers compensation claims to the best personal injury lawyers in Rhode Island: workers compensation (workers comp), medical malpractice, AFFF firefighting foam lawsuit, surgical malpractice as well as RI product liability claims (defective products). If you are considering filing a Rhode Island personal injury case using a RI injury attorney, you likely have many unanswered questions. Do you need a personal injury lawyer in Rhode Island? How much are you likely to recover? The FAQs (frequently asked questions) below are answered by a reputable Rhode Island personal injury attorney.

RI injury attorney, David Slepkow helps injured victims with a wide spectrum of cases involving RI vehicle accidents, medical malpractice, Paraquat lawsuits, premises liability, slip and fall, hair relaxer lawsuits , car accident, mesothelioma lawsuits pedestrian accident, elmiron lawsuit, nursing home abuse, wrongful death, automobile collision, bad drugs, and others.

Do I Really Need a Rhode Island Injury Attorney?

There are numerous reasons why hiring a RI Injury attorney to handle your case makes good sense. In fact, personal injury claims for compensation are complex and require a comprehensive understanding of Rhode Island tort law, rules of procedure and negotiating the claim. Usually, the insurance company assigns a specially trained claims adjuster to settle cases with accident victims who do not have legal representation. These adjusters will typically deny the claim, delay payout or settle the case for an amount way below its actual value. Alternatively, having a RI Injury attorney on your side can assure you receive adequate recompense for your damages, injuries and losses.

How do I know if I have the right to recover my financial damages?

Typically, individuals who are injured through the negligent, recklessness or intentional disregard of another have a legal right to seek damages by proving how the other person is at fault. A reputable personal injury law firm an Rhode Island car accident lawyers can provide a free initial consultation to discuss your case and evaluate its merits to show you all the legal options you have to seek financial recovery.

I never went to the hospital after the auto accident. Do I still have a case?

Because of the heightened adrenaline rush following a car accident in Rhode Island or a Rhode Island motorcycle crash, many victims are unaware of the the full extent of their injuries for hours, days or even weeks after. However, seeking medical treatment is important and the sooner you obtain a diagnosis and plan of treatment the better for your case. In addition, having a diagnosis and prognosis by a doctor can help the RI injury attorney prove the case by showing a causal relationship between the accident and your injuries.

Can I just use my own primary care physician to seek medical care and advice?

Absolutely. Make an appointment with your primary doctor as soon as possible after the motor vehicle collision. This is an effective way to begin the treatment process to ensure you heal. However, most primary caregivers are general practitioners and might not have the skills to treat your specific injuries. This is why your personal injury attorney will likely have you set an appointment with a neurologist, chiropractor, physical therapist, surgeon, orthopedic physician or other specialists to ensure you heal completely.

Can my local family law attorney take charge of my accident case?

Possibly. Personal injury law is complex and not every Rhode Island lawyer is well-versed in handling and settling these types of tort and negligence liability cases through negotiation or presenting the evidence at trial. This is because your personal injury case, workers comp claim or truck accident requires skills in performing and analyzing results to build a case for compensation. Some of these include:

A complete reconstruction of the motor vehicle accident scene
Access to various personal injury resources including expert witnesses who can explain your injuries, future medical needs and details of exactly how the accident occurred to the jury or adjuster
Gathering evidence and reviewing medical records and accident reports

The accident aggravated an old injury. Can I still file a case for compensation?

Certainly. However, presenting the case to a claims adjuster or jury at trial presents many challenges. Because of that, it is essential to hire a skilled Providence personal injury attorney who specializes in your type of case. Your RI injury lawyer will establish how the injury became significantly worse after being involved in the accident. Be sure and discuss this problem with your attorney during your free case evaluation to ensure you still have grounds to file a negligence or liability claim.

“More than 2.5 million Americans went to the emergency department (ED)—and nearly 200,000 were then hospitalized—for crash injuries in 2012. On average, each crash-related ED visit costs about $3,300 and each hospitalization costs about $57,000 over a person’s lifetime. The best way to keep people safe and reduce medical costs is to prevent crashes from happening in the first place. But if a crash does occur, many injuries can still be avoided through the use of proven interventions. More can be done at every level to prevent crashes and reduce injuries, but state-level changes are especially effective.” Motor Vehicle Crash Injuries Center for Disease Control and Prevention (CDC)

“Seat belts prevent drivers and passengers from being ejected during a crash. People not wearing a seat belt are 30 times more likely to be ejected from a vehicle during a crash. More than 3 out of 4 people who are ejected during a crash die from their injuries.” (Source: CDC: Injury Prevention & Control: Motor Vehicle Safety – Policy Impact: Seat Belts) Rhode Island State Police , Department of Public Safety

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?

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

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.

Rear end car accident laws

A frequent type of motor vehicle crash in Warren, Bristol, East Providence and Barrington causing injuries such as whiplash and fractures is a rear end car wreck. If an Ocean State victim is injured in a Providence motor vehicle collision then they should immediately speak with a RI personal injury lawyer. These East Greenwich, Warwick and Cranston automobile mishaps have thousands of causes. Causes include reckless driving as well as careless / inattentive driving. Other causes are: texting while driving, driving too fast for weather conditions, distracted driving, speeding and drunk driving (dui/ dwi/ oui), Further accidents in Pawtucket, Newport and North Providence RI result from: using a cell phone when driving, following too closely, weather conditions (icy roads / snowy and slick streets / rain) and mechanical failures such as defective tires and brakes.

Under RI law if a motor vehicle rear-ends another car or truck, there is a prima facie negligence. “a prima facie case of negligence against the driver of the car in the rear is established * * *.” Maglioli v. J.P. Noonan Transportation, Inc., 869 A.2d 71, 75 (R.I. 2005). see: Roland DeMaio et al.v.Raymond A. Ciccone et al. “(noting that the prima facie evidence principle applies “where a rear-end collision is established” (emphasis added)). Id. See Rachiele v. McGovern, 107 R.I. 241, 245, 266 A.2d 36, 38 (1970)

U-turn crash

At many intersections and roads in Rhode Island and Providence Plantations, U-turns are not permitted because they are too dangerous to other motorists and pedestrians. Often, U-turns are unreasonably risky to motorcyclists, auto motorists, pedestrians, truckers and bicyclists Because of that, U-turns are typically not allowed at busy intersections and along high traffic roads and highways. If you were injured in a car wreck in Rhode Island then you need to contact a Rhode Island personal injury attorney.

The applicable law in Rhode island concerning u-turns is 31-16-14. “§ 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. ”

Advanced Negligence Issues for the best Rhode Island personal injury attorney

Some clients have very poor health insurance coverage and are thus basically uninsured. Assisting seriously injured victims so they can obtain proper and advanced medical treatment by chiropractors, physical therapists and medical doctors is part of the role provided by a negligence attorney in Providence. Without proper health insurance, these clients may not be able to receive medical treatment. A Rhode Island personal injury lawyer may need to find the auto accident victim a medical doctor who can provide treatment solely based on a lien against the cause of action.

Liability and car crash lawyers in the Ocean State must have an understanding of the collateral source rule and how it can benefit a seriously injured victim “The collateral source rule is a well-established principle of Rhode Island law.” Moniz v. Providence Chain Co., 618 A.2d 1270, 1271 (R.I. 1993). Absent a statutory provision to the contrary, this common law rule prevents defendants in tort actions from reducing their liability with evidence of payments made to injured parties by independent sources. Votolato v. Merandi, 747 A.2d 455, 463 (R.I. 2000). Although this rule may allow plaintiffs to recover damages in excess of their injuries, the rationale underlying the rule is that it is better for the windfall to go to the injured party rather than to the wrongdoer. Colvin v. Goldenberg, 108 R.I. 198, 202, 273 A.2d 663, 666 (1971); Oddo v. Cardi, 100 R.I. 578, 584-85, 218 A.2d 373, 377 (1966). Maria Esposito, as Executrix of the Estate of Marion T. Thomson : v. : James P. O’Hair et al. : Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. Supreme Court No. 2004-186-Appeal. (PC 01-1542)

Future medical expenses and pain

The best Rhode island personal injury attorney will not only consider past medical bills, pain and suffering and medical bills but also factor in future medical expenses and costs. If the victim is catastrophically injured, planning for future care could be a necessary part of the accident attorney’s representation. The RI injury lawyer must demand and estimate the cost of future medical care, future physical therapy and future medical treatment. A trial attorney in Providence Superior Court will need testimony and / or affidavits from medical doctors regarding the inability of an injured victim to work or concerning the loss of earning capacity.

The Affordable Care Act (ACA) and Injury claims

A top RI injury lawyer and the best Rhode Island personal injury attorney will need to be conversant in Obamacare laws and regulations. “The passage and enactment of the Patient Protection and Affordable Care Act (ACA), often colloquially known as “Obamacare,” has the potential to radically change how victims pay for future medical expenses in cases involving personal injury or medical malpractice.” Settlements and Awards for Medical Damages Under the Affordable Care Act” Victor A. Matheson College of the Holy Cross Department of Economics and Accounting, Box 157A Worcester, MA 01610-2395 (508) 793-2649 Jon Karraker, CPA Expert Witness and Litigation Consultant 14221 East 4th Avenue, Suite 2-315 Aurora, CO 80011 Warwick, Cranston an East Greenwich lawyers must be adept at drafting appropriate and convincing demand letters which convince the liability and indemnity company to open up their figurative wallet and pay compensation

At the negligence jury trial in Providence Superior Court, the best Rhode Island personal injury attorney will be tech savvy and can use technology to prepare convincing exhibits. A good personal injury lawyer in RI will be savvy at cross examination and will effectively challenge the insurance company’s hired gun experts. Most injured victim in Rhode Island and Providence Plantations do not want a jury trial, they want justice and a top dollar settlement to compensate them for their pain and suffering, medical bills etc.. Therefore a lawyer must be aggressive yet practical and know when arbitration, mediation and alternate dispute resolution will be in the best interest of their client. Most laypeople forget that insurance coverage issues can play a critical role in litigating an injury claim in RI. It is not uncommon for an insurance company to deny coverage to their insured. If you seek a Camp Lejeune water lawsuit lawyer, or a mesothelioma class action suit contact us.

If you were injured, you should seek out medical treatment as soon as possible If you are seriously injured you should leave the accident by an ambulance. Otherwise, you should immediately go to the emergency room, urgent care center or to your primary care physician. Your primary care Doctor may refer you to a specialist.
You need to notify the police of the crash. Pursuant to Rhode Island law, the police must be informed of nearly all motor vehicle accidents.
Keep your RI accident attorneys informed of all medical providers, chiropractors, hospitals, physical therapist, and urgent care centers that you have treated with. Keep track of dates of treatment and what occurred during the treatment. Keep track of all medication prescribed.
Inform your medical provider of all areas where you are injured or in pain. Please attend all scheduled appointments. Frequent cancelled or missed appointments do not look good. Do not minimize your pain and suffering. Certainly, do not exaggerate your symptoms and pain and suffering. Keep your medical provider informed of all symptoms. The Insurance Company will be reviewing your medical records looking for inconsistent statements or to minimize your damages. According to most insurance adjusters, if you are not receiving medical treatment then you are not in pain. You will not receive compensation for long time periods when you are not treating even though you still are in pain.
Retain a lawyer A good attorney never charges any fee unless successful. The Insurance Adjuster is not your friend. The Insurance Company will try to give you the least amount of compensation. In many instances they deny claims.
After the accident, use your cell phone or camera to take pictures. Do not repair your automobile until you have taken pictures.
If you get cited for a violation, hire an attorney to represent you.
Do not allow the insurance company unfettered access to your medical records. Do not sign the medical releases they will give you. The lawyer will collect your medical records for you and submit them to the insurance company. You do not want to give the Insurance Company unfettered and uncontrolled access to your medical records!
Do not let the insurance adjuster influence you to settle the claim prior to retaining a lawyer. The insurance adjuster wants to trick you and give you as little money as possible. The insurance company wants to keep you away from a lawyer who can explain your rights to you.

If you are considering filing a Rhode Island personal injury case using a RI injury attorney, you likely have many unanswered questions. Do you need a personal injury lawyer in Rhode Island? How much are you likely to recover? The FAQs (frequently asked questions) below are answered by a reputable Rhode Island personal injury attorney.

RI injury attorney, David Slepkow helps injured victims with a wide spectrum of cases involving RI vehicle accidents, medical malpractice, premises liability, slip and fall, car accident, pedestrian accident, Camp Lejeune lawsuits, nursing home abuse, wrongful death, automobile collision, bad drugs, and others.

Do I Really Need a Rhode Island Injury Attorney?

Can the Insurance Company require me to give a recorded statement?

Pursuant to Rhode Island Personal Injury Law , you cannot be required to give a recorded statement to an insurance adjuster for the person who caused the RI accident. In the event that a lawsuit has been filed, then the Lawyer for the person who caused the accident can require you to give a recorded statement via deposition.

However, if the insurance company seeking a recorded statement is your insurance company, you may be obligated by contract to participate in giving a recorded statement. However, you should never give a recorded statement unless you have a Rhode Island Car Accident Lawyer representing . Your lawyer should demand a transcript or recording of the statement.

How do I know if I have the right to recover my financial damages?

I never went to the hospital. Do I still have a valid case for motor vehicle wreck compensation?

Can I just use my own primary care physician to seek medical care and advice?

Can my local family law attorney take charge of my accident case?

A complete reconstruction of the motor vehicle accident scene
Access to various personal injury resources including expert witnesses who can explain your injuries, future medical needs and details of exactly how the accident occurred to the jury or adjuster
Gathering evidence and reviewing medical records and accident reports

The accident aggravated an old injury. Can I still file a case for compensation?

When is a lawsuit considered commenced for statute of limitations purposes?

Rhode Island general law section 9-1-12 is the applicable statute concerning when a cause of action commences as far as a statute of limitations is concerned. “§ 9-1-12 When action is commenced for purposes of statute of limitations. An action is commenced for purposes of the statute of limitations when the complaint is either filed with the court, deposited in the mail addressed to the clerk, or delivered to an officer for service.”

If I am injured in accident what should I do first?

After an accident resulting in your injury, get medical attention as soon as possible. Make sure you get pictures of the scene of the accident, incident or crash. If required under Rhode island law, notify the police of the accident. Contact a Rhode Island personal injury attorney, Providence auto accident attorney or RI slip and fall lawyers.

Do I need an attorney to be compensated for a car accident?

It is not legally required to be represented by a personal injury attorney in a personal injury claim but it is highly advisable. Representing yourself and negotiating with an insurance company and their highly trained liability adjusters is usually a very bad idea. You are not a personal injury lawyer and have not handled car accident and slip and fall claims before. People who represent themselves are usually not cognizant of the real value of their injury claim. The adjuster who represents the indemnity corporation will take advantage of your inexperience. Insurance adjusters typically will offer pennies on the dollar to a pro-se litigant representing themselves than they would to an attorney representing a client. A pro-se litigant could also make a mistake that could doom their negligence cause of action.

Furthermore, when you are representing yourself in a Rhode Island personal injury or slip and fall case, the insurance company knows that you do not know how to litigate a lawsuit. Therefore you don’t have as much leverage with the insurance adjuster.

Are Providence personal injury attorneys better than than car accident lawyers in other areas of Rhode Island?

It is a myth that Providence personal injury lawyers are the best injury attorneys in Rhode Island. Rhode Island and Providence Plantations has many great injury attorneys across the state including solicitors in Warwick, Cranston, East Providence, Barrington. Bristol, Warren, Newport, Coventry and Cumberland RI.

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 Rhode Island personal injury lawyer maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.