December 18, 2014

RI Lawmakers Look to Crackdown on Uninsured Drivers

Welcome news this morning as I was reading the Turn to 10 webpage. It appears that RI Lawmakers have put in place mechanisms to check and ensure that Rhode Island drivers have active automobile insurance coverage. Failure to maintain active auto insurance can result in suspension of your driver's license. A link to the story can be found here.

This is certainly welcome news since 1 in 5 vehicles on the road in Rhode Island is currently uninsured. Every week I have to give the extremely upsetting news to a car accident client that the at fault driver did not have auto insurance at the time of the accident. That means that despite thousands of dollars in vehicle damage and serious bodily injury, the at fault driver will not be able to compensate the victim. Luckily, on many occasions my clients have uninsured motorist coverage on their policy and they are able to receive compensation through their own insurance company. Many clients, however, do not have this coverage and are out of luck.

Theoretically, you can sue the at fault driver for damages with or without insurance. Unfortunately, this is a time consuming and complex process. There are also quite a few costs associated with a lawsuit. Drivers who do not possess auto insurance on their vehicle are also very unlikely to have any money or assets since a person of wealth would never risk driving their vehicle without insurance. So, you have a time consuming and complex lawsuit against a defendant with no money. That is why a personal injury attorney is unlikely to help you if there is no insurance.

One thing you can do to avoid being in this position is to call your insurance company or agent and make certain that you have uninsured motorist on your policy for BOTH property damage and personal injury. You may be very surprised to see that this can cost as little as $100/year. While uninsured motorist is not required by law in the State of Rhode Island, an extra $100/year might just save you tens of thousands of dollars in unpaid property damage, medical bills and lost wages.

That said, it is good to see Rhode Island taking proactive steps to reduce the number of uninsured motorists on the road. Other states also have similar programs. In some states the insurance company is required to notify the DMV when a policy is cancelled, not renewed, etc. The DMV will investigate and if the person does not have a policy with a different company, the license will be suspended.

License suspension is a much more serious harm than the $500 fine currently given to those in Rhode Island caught driving without insurance. If you are caught driving on a suspended license, you will be arrested! It is a misdemeanor. Furthermore, Rhode Island does not have any hardship provision for license suspensions. It does not matter to a Judge in RI if you have four kids and drive 100 miles a day to work. No matter what, your license will remain suspended. The threat of a night in jail and criminal record is much more scary than a fine and I hope it will be enough to encourage more people to drive with proper auto insurance on their vehicle.

We should continue to encourage our lawmakers to push for better laws and stricter punishments against uninsured drivers. Their negligence can destroy lives without the means to help put the pieces back together.

December 8, 2014

Traumatic Brain Injuries and Personal Injury

No matter how the injury is sustained, whether auto accident, slip and fall or by defective product, there may be no more serious or devastating injury than a brain injury. In addition to the life altering physical symptoms, we also understand that there are equally devastating personality and emotional changes.

I work in tandem with another trial attorney who himself has experienced traumatic brain injury. He lost nearly ten years of his life and career while rehabilitating from this traumatic injury and now dedicates himself to helping others who have experienced similar injuries.

We understand that brain injury cases are more than headaches, nausea or other physical symptoms. We know that your entire personality can be altered affecting not only your life but your relationship with family and friends. We understand that large sections of your memory and life can be forgotten and erased. We understand that you have uncontrollable rage at times and that you make decisions that you never would have made prior to the injury. We look past the MRI and physical symptoms to look at the whole picture to see how your brain injury has affected your life.

Our collaborative expertise guarantees the best possible result for your complex and serious brain injury case. If you or a loved one has sustained a brain injury from an accident, contact our office for a free consultation.

December 3, 2014

Attorney Lamy Please to Announce $5 Million Dollar Medical Malpractice Settlement

After five years of work on a complex medical malpractice case, and in collaboration with an excellent Providence law firm, I am absolutely thrilled to announce the $5 million dollar settlement for a young girl whose life will never quite be the same due to doctor's negligence.

The mother of the young girl first brought this case to my attention when her daughter was just five months old. The young girl had a very difficult delivery resulting in approximately 20 minutes without appropriate oxygen. She was immediately airlifted to the NICU at Women & Infants where everything was done to save her life and reduce the trauma suffered. Despite an admirable job at the second hospital, the damage was already done at the first. As a result of the medical negligence, the young girl, now 6, is destined to experience cognitive difficulties, organ failure and kidney problems. Her life expectancy was also dramatically reduced.

Not unlike this case, medical malpractice injuries are often devastating and life changing. The cases are complex and vigorously defended. As we did with this case, I look to work with the best expert witnesses and collaborative attorneys to ensure the best possible result in medical malpractice cases.

Errors made during child delivery are often the cause of traumatic and life altering injury, including cerebral palsy and the types of injuries sustained in this case. Contact our office for a free consultation. We will immediately review the medical records at our own expense and review the potential of the case with a medical expert witness. If you have a case, we promise to represent you with the same intensity as we have done in this case.

November 27, 2014

Happy Thanksgiving

I want to take this opportunity to wish everyone a happy thanksgiving, in particular our past and current clients, staff and everyone who helps us do what we do every day. It's been a wonderful year for us with a record level of new cases and a recent $5 Million dollar medical malpractice settlement.

Here's a wish for everyone for this year and next!

November 5, 2014

Mental Anguish and Panic Attacks Following an Auto Accident

Ive recently become involved in an interesting auto accident case and I thought it might be informative to others out there having a similar experience. My client has been experiencing frequent panic attacks and mental anguish following an automobile accident. While insurance companies, and even juries to some extent, are able to quantify damages for broken arms and/or legs, they are much less equipped to quantify damages for mental anxiety and suffering. The relative lack of these types of cases can make them difficult to settle and make determining a value difficult.

To anyone who has ever experienced a panic attack, I empathize. I understand that many people would rather have a broken arm or leg than live through five minutes of a full blown panic attack. Anything can bring on these attacks and for some it is difficult to even get in a car again or drive down the same street where the accident occurred. Because panic attacks are unpredictable, it does not require an extremely serious or traumatic accident. Even a moderate impact can have devastating results. Sometimes the auto accident is the last straw in an otherwise stressful life - work, kids, bills and life are sometimes enough to deal with before an accident occurs and your car is destroyed, you are unable to work and your life is flipped upside down.

Rest assured, that while difficult to monetize, these claims have merit. Like any other injury suffered in an accident, the claim has to be supported by medical evidence. This means that a therapist, psychologist or social worker has to actively treat your condition, much like an orthopedist would mend your broken leg. With a proper diagnosis and treatment these cases can be handled if your personal injury attorney is experienced with dealing with such circumstances.

If your injuries are more than just physical in nature, contact our office for a free consultation and we will discuss your options and rights. Be certain, these cases can be complex and it is important that you speak to an experienced auto accident attorney.

October 6, 2014

In an Auto Accident and the Other Driver Takes Off?

I've written about hit and run accidents on this blog in the past, but it still seems to come up quite a bit so I thought it merited another post. What are your rights and what can you do if someone causes an accident injuring you and damaging your car and then takes off? Hit and run accidents, unfortunately, are quite common especially in Providence. There are a number of reasons why someone might take off after causing an accident such as:

  • He or she has an outstanding arrest warrant;
  • He or she does not have a license and/or insurance;
  • They are drunk or on drugs;
  • And sometimes, he or she is just a jerk who thinks they can get away with it.
If a driver flees the scene, all is not lost. While many police departments do very little in their "hit and run" departments, our law office may be able to identify the driver if you have a license plate. The RI DMV allows access to insurance and registration information if you have a plate of the hit and run vehicle. If you were unable to obtain a license plate, you may still be protected.

Depending on your insurance coverages you may be fully protected and able to obtain compensation for damages to your car, a rental vehicle, and a personal injury claim including medical bills and lost wages. Many people have uninsured motorist coverage on their auto policy and do not even know it. This coverage means that your insurance company will take the place of the insurance company that the at-fault driver should have had if they did not flee the scene. Bear in mind that uninsured motorist coverage is very affordable, so if you do not currently have it on your policy, get it! You never know when you might need it.

The point of this post is to remind you that if you are struck by a hit and run driver, you still have many options not only for your vehicle but also for your personal injuries. Contact our office for a free consultation and we will search high and low to find coverage for your losses.

July 17, 2014

Lawsuit Filed for Woman Badly Injured on a Party Bus

Party buses and vans have grown increasingly in popularity for over a decade now taking business away from standard limousines for group functions. Bachelor, bachelorette parties and other group outings often rent a party bus for the evening. In one regard, it is much safer because it hires a designated driver for people who know they will be drinking. On the other hand, the lack of standard seating and the impetus to dance and walk around the party bus can make them dangerous even without an accident occurring.

One such company out of California which has rooftop access has been sued by a woman who claims she was struck by an overhanging tree branch causing significant injury to her face. The lawsuit claims that the company failed to monitor the overpass clearance for patrons standing and partying on the rooftop. The poor woman who was visiting New York at the time of the accident suffered a fracture of her orbital socket and numerous other facial injuries. Shockingly, this horrific accident came only one week after a young man was killed while riding on the top level of a party bus. In that case the poor victim struck a concrete overpass. This demonstrates disregard for patron safety, lack of awareness of safe and proper routes, and poor training for the bus operators. It is also important to note in this case that no warnings of any kind were given to the patrons.

Operators of sightseeing and party buses, particularly those with upper level access, have to apply strict safety standards even if it is contradictory to their intended purpose of fun.

July 14, 2014

Walmart Sued over Deadly Trucking Accident

In what is probably the least surprising story of the year, the NY Times has reported that Tracy Morgan has filed suit against Walmart for the deadly truck accident he was involved in near Atlantic City. Anyone not living under a rock for the past few months knows that the actor and comedian was very seriously injured in the accident caused by a Walmart tractor trailer, which also killed comedian Jimmy Mack.

Commercial trucking accidents, like this one, are often very serious because of the sheer size and mass of the trucks and the load they are carrying. Tractor trailers crashing into a common car are absolutely no match and result in serious accidents such as those sustained by Tracy Morgan.

The NHTSA and other organizations sets standards by which commercial truck drivers should operate. In addition to having a specialty license, the CDL, commercial truckers must operate within a particular set of safety standards. For instance, speed must be controlled and drivers should not drive for more than 8 hours at a time. Drivers need to take frequent breaks and get enough sleep on the road else they are prone to lapses in concentration that lead to tragic accidents. In this case, it has been reported that the driver had not slept in over 24 hours and was driving for 13 hours straight. These are pretty serious violations of safety standards. Truck drivers are responsible for meeting deadlines and in some cases get paid by the mile so it is financially lucrative for them to drive even when tired to make sure the delivery is on time and they are maximizing profits. This, however, runs contrary to known safety standards.

Walmart as the employer of this driver and presumably as owner of the truck can be named as a defendant in this matter because an employer is vicariously liable for the negligence of its employees. This means that if an employee, in the course of his work, injures a person the employer can be sued as well. Walmart could also potentially be sued as the owner of the tractor trailer, if that is the case here.

If you or a friend or family member has been injured in an accident caused by a tractor trailer or other commercial vehicle, contact our office right away for a free consultation. These cases can be complex with multiple possible defendants and serious injuries.

July 9, 2014

Bar Owner Covered Up Evidence of a Patrons Injury

This story not only seemed appropriate for the blog, but also struck close to home for me. A bar owner in Brighton, Mass, is facing criminal charges for covering up and hiding evidence about an injury sustained at his bar, Roggies. It struck close to home for me since every Boston College Law student in the past 10-15 years spent some time at Roggies, including myself. In a way I am sad to see the owner in such trouble, but the details of the case are truly shocking.

roggies.jpg

Apparently, a 20 year old Irish exchange student was seriously injured after falling down a flight of stairs at Roggies Bar. When the bar owner found out about the injury, he allegedly told his employees to take the victim to the back parking lot and call the police. The cops, however, were never called and the victim sat in the back parking lot with serious injuries for over a half hour until a passerby noticed him and alerted police. He finally arrived at the hospital with life threatening injuries and is lucky to be alive. To make matters worse, the owner of the bar allegedly offered to pay off witnesses regarding the incident.

It is not clear what caused the young mans fall but it likely due to negligence on the part of the bar else they would not feel the need to hide the incident. it is possible that the young man was sober and fell down a faulty stairwell, or it could be that the young man was highly inebriated when he fell down the stairs. This latter scenario would cause considerable problems for the bar since the young man was under the legal drinking age. Even for adults a bar can be held responsible for injuries sustained if the victim is over served and his or her inebriation is a direct cause of the accident or injury. When the victim is under the legal drinking age, however, any drinks served to him is negligence.

Injuries caused at a bar or nightclub can be extremely difficult but our office has a great deal of experience handling premises liability cases, dram shop cases and incidents of violence at bars or clubs leading to injury. If you or a family member was injured while at a bar or nightclub, contact our office for a free consultation.

July 4, 2014

Happy 4th of July!

Our office would like to wish everyone a happy and SAFE 4th of July! Between fireworks and drunk driving accidents, its far from the safest day on the calendar so be sure to keep yourself safe.

July 3, 2014

GM Creating Compensation Fund for Car Accidents in Recalled Vehicles

Not dissimilar to the asbestos trust created for victims of asbestos related diseases, GM is now creating a fund to pay out claims stemming from auto accidents in recalled vehicles. GM has indicated, rightly so, that it will not matter if the accident occurred before or after the safety recall so long as it can be proven that a defect caused or contributed to the injury sustained.

GM has been hit very hard with safety recalls in the past year with over 20 million cars affected by some form of recall. This compensation fund is intended to directly address the 2.6 million defective small cars with faulty air bag switches. GM has come under very heavy criticism regarding these defects which they allegedly knew about for over 11 years without taking proper action. GM is offering settlements based on the severity of injury if the air bag's failure to deploy caused or contributed to the victims injury. Wrongful death claims will be compensated by at least 1 million dollars.

Creation of a fund like this does not limit a persons civil right to bring a product liability claims but it creates a means for settlement while limiting the extensive costs of a product liability claim. If you or someone you know was injured in an automobile accident with a GM vehicle and the airbag either failed to delpoy or improperly deployed, contact our office right away for a free consultation.

May 14, 2014

Risks and Dangers of Driving While Pregnant

A fascinating study released this week from a Canadian research team suggests that pregnant women, particularly those in their second trimester have a much higher likelihood of being involved in auto accidents. In fact, the numbers are close to women who suffer from sleep apnea. There is no clear indication as to the cause of the spike in auto accidents for women during the second trimester, but it is suggested that increased hormones may be causing distraction or fatigue which results in car accidents.

Anytime a woman is involved in an auto accident while pregnant it is very serious. The babies safety is paramount and hospitals will generally place the expectant mother on a fetal monitoring machine for 24 hours to ensure no harm to the baby. Expectant mothers are limited to what prescriptions they can take and often have to endure tremendous amounts of pain and discomfort following an accident because they can take nothing more than tylenol.

Our office has represented many pregnant women who were injured in car accidents. Some of the more serious cases require emergency Caesarean section delivery of the baby and in some cases the unborn child has also been harmed. These can be immensely complex and serious personal injury cases and requires an experienced personal injury attorney.

May 7, 2014

Settlement Set to Create $100 Million Fund for Meningitis Victims

A potential settlement in Federal Court will create a 100 million fund for victims of the Meningitis outbreak caused by a Massachusetts pharmaceutical company. The outbreak of meningitis caused by a tainted steroid has sickened over 700 people and killed 64 according to the Center for Disease Control. Victims were from over twenty states with Michigan, Tennessee and Indiana the hardest hit.

The pharmaceutical company filed bankruptcy soon after the outbreak hit. Under federal bankruptcy laws, the company would not have to pay their civil lawsuits and debts. As part of the agreement to enter bankruptcy, a trust fund worth approximately 100 million has been created to aid the victims.

Meningitis is a very serious illness which inflames the lining of the spinal cord and brain. It can result in paralysis and death. If approved the money will be set aside to pay the victims much like the multi-billion dollar trust created for asbestosis/mesothelioma victims created by the manufacturers of asbestos.

If you or a family member was a victim of this tragic outbreak and is looking for a local Boston attorney to represent you, please contact our office for a free consultation. There is no fee for my services unless we are able to recover money for you.

May 1, 2014

Talk About Cut Rate Insurance

Many of you may have seen the surprising news that Wal-Mart plans to start selling auto insurance in many of its stores. There is a precedent for this. Sears and Allstate insurance had a similar relationship for decades (at least while Sears was still relevant). While there are plenty of reasons to attack Wal-Mart, and I'll leave that for another post, one thing you most certainly do NOT want at a cut-rate is auto insurance. The cheapest possible policy is almost never the best answer and I'll tell you why.

First, if you buy the absolute cheapest policy available you may not be covered for damages that you cause or which are caused by storms or floods. You may not be covered for hit and run accidents or if you are struck by someone who does not have insurance. In RI, you would be surprised by how many people are driving without any insurance at all. Also, you may not have enough coverage if you seriously injure someone in an accident you caused or if you total someone else's Mercedes. If you do not have enough auto insurance coverage, then you may be personally liable and are subject to having your wages levied or house attached.

Second, I do not trust Wal-Mart to pay enough money to someone educated enough to tell you about insurance. In other words, do you want to take insurance advice from someone making a cashier's hourly wage?

My third and final point - There is a huge difference between insurance companies. You should talk to a respected and educated insurance advisor to understand the reputations of each company. The ultra cheap insurance is cutting costs somewhere and it likely means that when you need them, you may never receive a phone call or they will tell your auto body of choice that they want to put cheap second rate parts on your car. You should understand that sometimes for $100 more per year you might end up with an insurance company with a much friendlier and respected reputation.

The point of this rant is that you should always do your homework when selecting auto insurance. It is NOT as easy as finding the cheapest rate available. Make sure that $50 savings do not come back to hurt you for thousands of dollars later. For all of those reasons, I'm not sure I would be picking up auto insurance with my dog food.

March 10, 2014

A Long Time Coming...

This blog has been very very good to me and helped build my business when I left Boston four years ago, but alas, it has been long ignored. Not by intent but merely because we have been too busy during an exceptional period of growth. Starting today, however, I vow to return to the multiple postings per week that generated a lot of buzz and helped bring in many of my clients.

Here are just a few of the things we have been up to in the few months since my last post:

Be sure to call with any personal injury and criminal defense questions and we will be happy to assist you. The initial consultation is always free!