At some point in your life it is an unfortunate fact that you may require the services of a personal injury lawyer. However, if there is any aspect of law that is full of unscrupulous lawyers looking to make a fast dollar off of your misery and pain, then this is the field. Educate yourself so you can make the smart choice.
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Sometimes steeling a personal injury claim is the best idea when facing a prolonged legal battle. However, this should only be an option when it is the most prudent decision: when you feel like you are being fairly compensated, or when you feel like there is no case of permanent or long term injury. Before settling, consider the following facts in order to make the best decision possible.
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When you purchase something from a retail establishment, you have a reasonable expectation that it should be safe if used as intended. In cases where there are substantial inherent dangers associated with the proper utility of an item, there are typically federal requirements governing information that must be included on the package so that consumers are adequately informed about potential dangers. For a variety of reasons, however, there are some products that reach the marketplace with design, manufacturing, or other defects that expose those who use them to the risk of serious injury or death.
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If you have been injured and it was not your fault, then you probably feel like you need to be compensated for what happened to you. However, you might be a little scared to go and hire a personal injury attorney to help you get the compensation that you deserve. This should not be a fear of yours and there are many ways to go about getting the right lawyer for you and for your situation. The bottom line is that you should be compensated and you need to have someone on your side to help you. Here are some things to consider when you hire a lawyer.
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The kitchen is one of the most frequently used areas in the home, and one of the most dangerous. Accidents both small and large happen in both home and office kitchens on a regular basis. Keeping your kitchen safe and using safe practices can help to diminish the risk of personal injury. Many of these things seem obvious but it amazing how often we forget.
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Making a personal injury claim can be a daunting process if you’re unsure about whether or not you’re eligible. Whilst it’s true that not every accident allows you to go about making a personal injury claim, many do. If you’re uncertain whether or not you have a case, then your best bet is to contact a no-win no-fee compensation agency.
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Probably one of the most life-altering and severe of personal injuries a person can suffer from is a spinal injury. While the level of injury, pain, and suffering can obviously differ from one case to another spinal injuries are nearly always permanent.
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Question: What is “premises liability” under Rhode Island (RI) law?
Answer: In Rhode Island, Premises liability pertains to the area of law, which attempts to hold a real estate owner or the person in possession of the real estate liable as a result of an accident causing injuries to a person who was using the property.
A premises liability case is a type of personal injury case. The broader term of Premises liability also encompasses “slip and fall” or “trip and fall” personal injury accidents. A premises liability claim typically involves the real estate owners or occupants failure to properly maintain the premises in a safe manner. It can also involve failure to fix an unreasonably dangerous conditions on the property of which they either knew or should have known about. This Rhode Island Law article should not be a substitute from seeking independent legal advice from a RI Personal Injury Lawyer.
The area of premises liability is not just limited to slip and fall but also includes: asbestos exposure, mesothelioma, lead paint exposure, dog bites, Inadequate security measures enabling assaults, Sidewalk or roadway defects, Poorly lit stair cases, falling debris, falling merchandise, or hanging hazards, carbon monoxide leaks, iced entrance ways, slippery or obstructed floors, electric shock due to exposed electric wiring.
What are the most frequently pursued Personal Injury / Premises Liability / Slip and Fall cases in Rhode Island (RI)?
Slip and fall, personal injury cases, are the most frequently filed types of premises liability lawsuits in RI. Many slip and fall accidents are caused by substances or foods such as water, liquids, foods, fruits, grapes, vegetables, condiments, salad, ice, slush and or oil located on the floor. The substance could be slippery or even sticky. Some slip and falls are caused by uneven surfaces, holes in the floor or defective conditions on the floor or stairs.
A RI “premises liability” personal injury case is not limited to only slip and fall cases but includes other personal injury claims such as dog bites and animal attacks, inadequate lighting, inadequate security, unsafe design or construction
Where do most slip and fall cases occur in Rhode Island.?
Slip and falls most frequently occur in restaurants, supermarkets, driveways, entranceways, porches, department stores, sidewalks, grocery stores, banks and hospitals. Any owner of property and certain occupiers of the property may be held liable for premises liability including but not limited to corporations, Limited Liability Company (LLC), partnerships, trusts, sole proprietorships, government entities such as cities, towns, or the state itself.
Many of the slip and fall cases are a result of food or liquid on the floor of a supermarket or restaurant. Slip and fall claims also can result from a landowner or occupier failing to take adequate steps to shovel snow, clear ice from an entranceway, remove ice from a sidewalk, driveway or parking lot.
If I slip and fall as a result of negligence of another person or entity who can be held responsible?
The Supreme Court of Rhode Island (RI) stated “[A] landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition. The burden of proving that sufficient evidence existed to show that the defendants knew or should have known of an unsafe condition on their premises is on the plaintiff.” Lieberman v. Bliss-Doris Realty Associates
Children and the elderly are more likely to slip and fall. Is it more difficult for them to recover damages for their injuries, medical bills, and pain and suffering?
Answer: No, In Rhode Island you take the injured party as you find them. As far as liability is concerned, Rhode Island law does not differentiate solely based on age or pre-existing conditions. Even people who aggravate an existing injury have a right to compensation, if negligence can be proved.
Property owners owe everyone who lawfully comes upon the premises (with exceptions for trespasser) a duty of due care. Everyone with the exception of trespassers should expect that the premises is maintained reasonably in a relatively safe manner. So long as the injuries are caused by the negligence of a person or entity, the injured person has the right to seek damages.
Keep in mind, that if the injured person was acting carelessly or not paying proper attention and that contributed or partially caused the accident than there may be comparative fault involved. Comparative fault is described below.
Also, keep in mind, that there are particular laws concerning children who trespass and are lured onto the property because of an attractive nuisance
What is comparative negligence in Rhode Island personal injury law?
Answer: Comparative negligence is the doctrine used in personal injury accidents in Rhode Island. Comparative negligence is a question of fact that a jury must determine. The jury must figure out what percent each party involved in the accident is at fault for the accident. In Rhode Island, even if an injured person is 99 percent at fault for an accident they are still eligible to obtain damages of 1 percent from the negligent landowner, corporation or person. You should contact a Rhode Island Personal injury lawyer / attorney to obtain an initial opinion as to whether or not there was comparative fault involved.
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According to the Humane Society of the United States, 1 in every 3 homes has at least one pet cat and nearly 2 in 5 homes have at least one dog. When taken together, these two kinds of pets alone number approximately 180 million, which is an absolutely massive population that does not even begin to take into account other small pets, exotic pets, zoo animals, and other creatures that are kept by individuals or business enterprises in this country. Animal owners are legally liable for the actions of their pets, and if you have been the victim of a dog bite or other animal attack it may be in your best interest to file a civil lawsuit seeking financial compensation for your injuries.
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There are many things that a lawyer will do in the event that he takes a case for you. Some of the most important things that an attorney does when acting in your behalf is to collect information, go over information, and calculate the personal injury claim and to communicate with the insurance companies. All of these things play a huge role when trying to win a personal injury claim.
Collecting information is one of the most crucial things that a personal injury law firm does to be successful at winning a claim. Without this one step there is little to no chance that the personal injury claim will ever get off the ground. The most common things that a law firm will ask of you is the basic who, what, where, when, how and if applicable a why. Using this simple method of investigation attorneys find out key details that they can use to bury their opposition with.
Going over the information is almost as important as collecting the information, this is why it is usually the second step that a personal injury attorney will follow in a case. Going over information helps the attorney in a number of ways. One of the ways that it helps the attorney is that if they know all of the details of the case then it will be hard for them to be stumped in court. Second it helps the attorney as their might be details that the plaintiff did not think of or give them that will help make or break the case.
Calculating the cost of a claim is also a really important part of what an attorney does when they are taking a case. The usual costs that are included in a claim are all medical bills, pain and suffering, if you have been out of work due to the incident, attorney fees. All of these figures will be added up and multiplied by either one point five or two. This is done to make sure that all of the bills will be covered and so that the plaintiff gets some money as well.
Another very important thing that a lawyer does when handling a claim is to communicate with the insurance company so that you do not have to. This is a good idea for a couple of reasons. For one the insurance company may try and have you settle for a low number. Two they may get you to admit to something that is not entirely true.
Attorneys have a lot of other jobs when handling a claim. The jobs above are just some of the most critical and important to the success of a claim.
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