Rhode Island Injury Lawyer Blog

I had a new client come in yesterday morning who was severely injured in a motorcycle accident. He very rarely rode the motorcycle and did not maintain insurance on the bike or have a current registration. He was concerned that because his bike was unregistered and uninsured that he would be found at fault for the accident.

I thought that this is a question or concern that other people might have and decided to write this post. The short answer is that the insurance and registration status of a vehicle has nothing to do with a liability determination. Liability is a complex determination made by asking whose negligence ultimately caused this accident. In other words, which driver failed to act with due care and caused the accident. This determination does not consider the insurance or registration of a vehicle or motorcycle.

My client was 100% not at fault for this accident. That said, I certainly do not recommend operating a car or motorcycle without proper insurance and registration. For one, you will be subject to fines from the police. Even though you are not at fault for the accident, it is against the law to operate an uninsured and unregistered vehicle, and you will have to pay the consequences.

Also, if my client maintained an adequate insurance policy he might have had underinsured motorist available to him. Underinsured motorist is much like uninsured motorist. In the case of underinsured motorist, if the at fault driver does not have enough insurance coverage to compensate for the serious injury, you can then turn to your own insurance policy to cover the gap. That is why it is imperative not to cut corners with your insurance policy because you never know when you will need it.

Continue reading "Am I at Fault if I am Driving an Uninsured and/or Unregistered Vehicle?" »

It has been an exceptionally difficult month for Massachusetts State troopers. In the past five weeks alone, five state troopers have been injured on duty by drunk drivers. In one case, Sgt. Doug Weddleton was killed in an accident caused by a drunk driver. In the most recent incident, a thirty-three year old Massachusetts trooper was injured while writing a ticket for an uninvolved Brockton woman, Fatima Baptista.

In light of this increased string of drunk driving incidents, the Massachusetts Police Union is seeking extra patrols on the roads to identify impaired drivers before they cause injury. The union believes that more patrols will increase drunk driving arrests and keep dangerous drivers off the road.

It is important to remember that .08 is not a very high standard for DUI, but it is the law in Rhode Island and Massachusetts. Even a few drinks can impair your ability to drive and subject you to arrest for drunk driving. Additional penalties will be added to your case if you injury, or God forbid, kill someone while operating under the influence.

Continue reading "Massachusetts Police Union Seeking to Limit Drunk Driving" »

It seems the most obvious and important question and one that I am asked in every personal injury case, namely, how much is my personal injury claim worth? Regardless if resulting from an auto accident, motorcycle accident, slip and fall, or medical malpractice, all clients are curious what their case is worth.

The only easy answer to that question is to say: Your case is worth the amount a jury of your peers says that it is worth. Unfortunately, juries are wildly unpredictable and can return with a shockingly high award or an embarrassingly low judgment. Furthermore, waiting for a jury verdict requires several years of waiting and a long and expensive litigation process.

That said, experienced personal injury attorneys such as myself, consider a number of variables in determining a fair settlement value of your case. Attorneys and insurance companies consider recent jury verdicts in the State, recent settlements in the State, along with other variables to determine a fair value for the injury suffered. Therefore, attorneys and insurance adjusters will assign a value to the neck or back injury, fractured arm, or concussion. For instance, if a jury recently awarded $160,000 to a man who broke his leg in a truck accident, this may be a starting point for negotiations if you suffer a similar broken leg in an auto accident.

What are the other variables to consider? Among other things:

• the strength of the liability case


• cost of litigation


• amount available through insurance


• nature and severity of the injury

If the injury you sustained is soft tissue in nature (neck and back pain) then your settlement will depend largely on the length and severity of your disability and whether there is diagnostic evidence (i.e. an MRI report showing injury) to help substantiate the claim. An experienced personal injury attorney, will know how to negotiate with an insurance company to obtain the highest value possible.

This should be understood as a shorthand version of how the value of your personal injury claim is determined. There are literally hundreds of variables that have to be considered and only a skilled and experienced attorney can use all of these variables to obtain the highest amount possible in settlement. Furthermore, the negotiating skills of an attorney are important as well as the attorney's reputation for success.

The next time you ask your attorney: What is my case worth? do not be surprised if he or she is afraid to answer. It is because each personal injury case is so unique that it is hard to determine, especially early in the case, how much the injury is worth.

As a former insurance adjuster I have settled hundreds of personal injury cases of all levels of severity. I understand the full value of your case and how an insurance company will try to poke holes in your case to lower the final value. As a personal injury attorney, I have succeeded in obtaining excellent settlements for my clients often exceeding the amount they were hoping to receive.

Therefore, part of the answer to the question: How much is my case worth? depends on whether you hire the right attorney.

Continue reading "How Much is My Personal Injury Case Worth?" »

While neck and back strains might be the most common injury to occur in auto accidents, many people experience injury to their knee. Knee injuries can occur in a variety of car accidents, such as rollovers, side impact, or front end accidents. If the knee strikes the door, or the dashboard,or is twisted, it can result in serious injury. Another cause of injury occurs when the driver braces for the accident by slamming on the brakes and hyperextends the knee on impact.

The most common injury is a strain or total tear of the ACL (anterior cruciate ligament) and the MCL (medial collateral ligament). A strain of either of these ligaments will cause pain, discomfort, and temporary disability that requires physical therapy. A total rupture of these ligaments is a much more serious injury that will likely require surgical repair and lengthy rehabilitation. Two less common knee injuries that occur in car accidents are tears of the meniscus (tears in the cartilage in the knee) and a tear of the PCL (posterior collateral ligament) which can result from a direct violent impact to the knee such as striking the dashboard.

In the most serious situations, accident victims can experience tears of two or more ligament tears at the same time. A tear of both the ACL and MCL will require surgery and result in a lengthy period of total disability.

Knee injuries are serious and debilitating. Even a minor strain can cause a great deal of discomfort in walking, standing, and even driving a car. This can result in total disability, extensive need for rehabilitation, and lost wages.

Continue reading "Knee Injuries in Auto Accidents" »

If you have been involved in an auto accident in Massachusetts or Rhode Island involving three or more cars or trucks it is important to contact an experienced auto accident attorney right away. For the most part, the process surrounding your personal injury claim will not be any different because multiple vehicles were involved. If you were not at fault, you can still collect money for your medical bills, lost wages, and pain and suffering. The liability decision, however, may be more difficult and will require thorough investigation on the part of your attorney.

Rhode Island maintains joint and several jurisdiction. What this means is that if you were in an accident with multiple vehicles and were not at fault you can go after either at-fault party or both. For example (hopefully an unlikely example), you driving "Car A" legally drive through a green light and "Car B" runs a red light striking you from the left and "Car C" runs a red light and strikes you from the right at the same time. Both cars B and C are at fault for your personal injuries. You have the option of going after Car B for 100% of your injury; or Car C for 100% of your injury; or go after each for 50%. This is extremely helpful if your injuries are severe and one of the drivers only has the state minimum of auto insurance. Also if Car C has a 300k policy and Car B has a 25k policy, then you can go after Car C for everything.

Unfortunately, unlike the above scenario, multiple vehicle accidents can be often difficult to determine fault. For this reason, you need to involve an experienced auto accident attorney from the onset to investigate liability by: looking for witnesses, taking pictures, hiring a reconstructionist (if necessary), examining the scene of the accident, etc.

An accident involving multiple cars and trucks also increases the risks of sustaining serious injuries. You may be struck two or more times and from different directions. This will cause your body to shift and jolt in many direction with tremendous force causing severe muscle strain. A more serious impact can also result in fractures, head injuries, and even death.

Continue reading "Auto Accidents Involving Multiple Cars or Trucks" »

I'm gonna take everyone back to my first day at Boston College Law School and torts class because it is important to understand how a determination of fault will affect your ability to collect damages following an accident. These rules of comparative liability are most commonly used in auto accident cases but may also apply to slip and fall, construction accidents, motorcycle accidents, etc. Interestingly, Rhode Island and Massachusetts have very different laws in this regard.

This article is not concerned with rear-end accidents because in rear-end accidents the person in the back is 100% at fault with very few exceptions. This article is concerned with auto accidents at intersections, or in which one party is turning in front of the other. In these cases, one person might be the majority at fault but not 100% at fault for the accident.

For instance, Driver "A" is turning left out of a parking lot and does not see Driver "B" coming from the left. Driver "B" is speeding and strikes Driver "A" very hard. Driver "A" is the majority at fault because he was turning left and failed to yield the right of way to Driver "B". Driver "B", however, was speeding and caused a potentially minor accident to become a major accident.

In this above scenario (assuming you followed me) the insurance company, or jury, might find Driver "A" 80% at fault (for failing to yield the right of way) and Driver "B" 20% at fault for speeding. This is where comparative liability laws become important.

In Rhode Island, Driver "A", even though majority at fault, would still be able to collect 20% from Driver "B" for damages. This includes property damage to his vehicle and damages for personal injury. If the injury sustained is very serious, or fatal, 20% may still be a lot of money to help the injured person get back on their feet.

In Massachusetts, which adheres to a modified comparative negligence system, Driver "A" would not be able to collect anything. This is because, in Massachusetts, a driver who is majority at fault can not collect ANY damages. In Massachusetts, a driver must be 50% or less at fault in order to recover any damages.

It is also worth noting that these laws do not apply to passengers. Because passengers are not behind the wheel and do not contribute to accidents, they are not punished by the fact that "their driver" was at fault for the accident. Passengers can collect all of their damages from either at-fault driver.

Continue reading "Understanding Rhode Island's Pure Comparative Liability Laws" »

This topic is a big one and comes up very often. While our federal government is working out a new health plan for our Country, the fact remains that roughly 46 million people in America do not have any health insurance, including 140,000 people in our small State of Rhode Island. Many people without health insurance have no idea what to do following an auto accident even though they are seriously hurt.

The at-fault driver will be responsible for all of your medical bills. Unfortunately, you will not receive this money until the case is settled or a verdict is reached at trial. That means you could be waiting several months to a few years. There are options, however, and an experienced auto accident attorney can help you through the process.

In Rhode Island, many auto policies contain Medpay.

Medpay acts just like health insurance. If you, or the owner of the vehicle you were in at the time of the accident, has medpay on the auto policy, this coverage will pay all of your medical bills up to either $2500 or $5000 depending on the policy. Many people are unaware that medpay exists, but it is a very affordable coverage that is often grouped with a "full coverage" policy. This money comes directly from your insurance company so you do not have to wait as with a settlement or jury verdict.

Massachusetts drivers have personal injury protection (PIP)

PIP will cover you for up to $8000 in medical bills if you have a Massachusetts auto policy and no health insurance. Like medpay, this money is available to you right away and can help with emergency room bills or necessary diagnostic testing such as MRI's and CT scans.

What if there is no medpay, no PIP, and no health insurance?

Honestly, this could get a little tricky. Understand that you have a right to be seen at an emergency room following an auto accident. If they know that you have no health insurance, the care may not be the best, but they will at least stabilize your injuries. Hospitals and emergency rooms often have to wait for payment and if they know that you are represented by an attorney, they will often wait to receive payment at the time of settlement.

In addition, many doctors, chiropractors, physical therapists, and other specialists, are willing to treat your injuries right away and wait for payment from the accident settlement. The more trusted your attorney, the more likely a doctor or specialist will trust him or her to pay the bills when the claim is resolved.

I have an excellent reputation among doctors and medical providers in this community and can always find a physician willing to treat your injuries while delaying payment. In one case, in which my client suffered traumatic brain injury, I was able to arrange treatment with a neurologist and psychiatrist who both agreed to delay payment until the case settles.

In summary, if you hire an experienced personal injury attorney such as myself, there are always options to ensure that you get the medical care that you need right away. Never feel pressured into settling early and for little money in order to pay your medical bills.

Continue reading "Some Answers if you Have Been Hurt in a Car Accident and Do Not Have Health Insurance" »

The news has been covering the story of Kevin Killoran who is now being charged with leaving the scene of an accident, death resulting; driving on a suspended license; and, driving to endanger following the tragic death of his passenger and employee, David Clinton.

The family of the victim is quite rightfully enraged that the victim was left in a car to die while the driver fled the scene and alluded police. Speculation is rife with reasons why Killoran fled the scene, but regardless of his reasoning he may face additional and much more serious charges. If medical examination shows that David Clinton could have survived his injuries if he received prompt medical attention, the State could increase the charges against Killoran (the facts of the case once fully uncovered might also give the State cause to levy additional charges). Charges including, but not limited to involuntary manslaughter could reasonably be brought forth.

Of course, the family of the victim will be able to pursue Killoran in a civil Court as well and proceed against any and all assets including his insurance policies and the Z bar & Grille which Killoran owns. A tragic and sad story that most certainly was avoidable. I wish the family the best.

Many people injured in car accident, whether in another vehicle, a pedestrian, or on a bicycle, may not be aware that uninsured motorist will cover their damages if the at-fault driver flees the scene. While uninsured motorist obviously covers you if the other driver fails to maintain mandatory liability insurance, or if they fail to carry enough insurance to pay all of your damages, it will also cover you in a hit and run auto accident.

Regardless of whether the at fault driver who flees the scene is ever caught by police, your coverage under uninsured motorist will cover all of the typical damages that you can recover in an auto accident claim including: medical bills, lost wages, and pain and suffering.

It seems that Rhode Island has had a flurry of hit and run accidents in recent weeks including the terrible story of Earlene Sally and Nikia Phillips, the mother and daughter who were seriously and permanently injured by a driver who fled the scene. The driver accused of hitting the two women with his car and fleeing the scene has been charged with two counts of driving under the influence - serious injury resulting, and other counts.

Continue reading "Uninsured Motorist Will Cover Your Damages if Injured in a Hit and Run" »

In recent years, Geico Insurance has become one of the leading insurer's throughout the Country, including a strong foothold in Rhode Island. Their popularity has skyrocketed thanks to effective ad campaigns featuring the lovable English accented gecko and the highly civilized cavemen. Unfortunately, Geico is anything but lovable, friendly, or civilized when it comes to settling personal injury claims.

Geico Insurance has taken, a la Allstate, to making insultingly low offers without justification. Regardless of the injury sustained or the amount of damage to an automobile, Geico responds with a very low offer. I have often asked the adjuster how they arrive at such a low amount, only to hear that a computer gave them their negotiation range.

So why am I telling this to Rhode Island and Massachusetts accident victims? It is important to understand that if you are injured in an auto accident that was not your fault and the other driver is insured with Geico, you may need to file a lawsuit in order to receive fair compensation. For this reason, it is all the more important that you hire the right attorney when involved in an auto accident with a Geico insured driver.

Be sure that you speak with your attorney to discuss what amount you are looking for in settlement. If that amount is unobtainable in settlement be sure that your attorney is prepared to go to trial, if necessary. Geico Insurance is counting on the fact that most auto accident victims are unwilling to wait for a fair settlement and that most attorneys are unwilling to file suit following a car accident, motorcycle accident, or ATV accident (Geico insures all three). Therefore, most of their unreasonable offers are accepted. My office now has the majority of it's Geico cases headed to litigation.

Continue reading "Settling Auto Accident Claims with Geico Insurance" »

An auto accident can be a traumatic experience especially if you have been injured as a result. You may find yourself confused, upset, or nervous about what is going to happen next. Such conditions might lead to mistakes. Here are some common mistakes that might occur following an car accident, and how to avoid them.

Regarding the Insurance Company - You are obligated by contract to comply with your insurance company. This means reporting the claim in a timely fashion and giving a recorded statement if requested. You are not, however, obliged to cooperate with the opposing insurance company. The other driver's company will be looking for you to give a recorded statement, as well, hoping that you say something damaging.

Damaging Statements to Avoid -
1) Never admit that it is your fault. You may very well have caused the accident, but there is no need to admit fault. Liability is a complex determination that can be made only after all of the evidence and circumstances are considered - do not make the insurance company's job easier by accepting liability. Furthermore, you may accept fault for an accident that really was not your fault.

2) Don't state that you are not injured - Many injuries, particularly muscle injuries such as those sustained after whiplash, take time to manifest. Sometimes a whiplash victim will not experience any pain until 2-3 days after the accident occurred.

3) Avoid Opinions - If you do speak with the insurance company, avoid making statements based on opinion or belief. Only state facts. If you can not remember the facts, tell the insurance company that you are not sure. If you make a statement, the insurance company will believe that it is true, even if you were not stating a fact.

What you should do following an accident - Contact an attorney. Only an experienced car accident attorney will help protect your rights. Insurance companies will offer you very little money for your injury if you do not have an attorney. Furthermore, they will act to settle the case quickly, even if you have not fully recovered.

Hiring an attorney may not be enough. You have to hire the right attorney. Unlike many personal injury attorneys, my office will go the full length, including trial, to ensure that you receive the money you properly deserve. Furthermore, I am a former insurance adjuster and I know how they evaluate claims and how to obtain the absolute maximum for your injury claim.

Continue reading "Some Mistakes to Avoid Following an Auto Accident" »

According to a new GMAC Insurance report, the answer is yes. GMAC conducted testing of average americans to see if they could pass a driver's test today, and found with startling results that we would not. Teenagers endure hours of driver's education to learn obscure rules of the road in order to pass a test that they will never have to take again. According to GMAC, without the pressure of ever being tested again, we become lazy and dangerous drivers. Drivers in the Northeast, Rhode Island in particular, are the worst.

The study concluded that 1 in 11 drivers, or roughly 18 million people, would fail a driver test if it were given to them today.

The report identifies pedestrians as a group particularly harmed by our inept driving. Roughly 1 in 3 drivers would not stop for a pedestrian in the road even if they are in a crosswalk or at a yellow light. This might explain why pedestrian accidents constitute the second largest category of auto accident related deaths in the US. 43% of all pedestrian injuries and 22% of fatal injuries to pedestrians occur in collisions with motor vehicles at intersections. In addition, many pedestrians are killed on sidewalks, median strips and traffic islands.

Another problem is the growing rise of texting while driving, which while illegal in Rhode Island, is almost impossible to police. Texting while driving is more dangerous than drunk driving and is causing an increase in the number of auto accidents and accident related injuries.

Continue reading "Are Rhode Islanders the Worst Drivers in the Country?" »

El abogado Joseph Lamy está aquí para ayudar a las víctimas de accidentes u otro daño corporal dentro de nuestras comunidades Latinas en Providence, Pawtucket, Fall River, Woonsocket, Central Falls y otras áreas a sus alrededores. En mi oficina se habla Español y podemos asistirle con todo el proceso, de principio a fin.

Soy un abogado licenciado para ejercer en Rhode Island y Massachussets. Mi especialidad son los casos de daño corporal, incluyendo: accidentes de auto, accidentes de camión, accidentes de motocicleta, lesiones causadas por resbalón y caída, muerte por negligencia, negligencia médica y la responsabilidad civil del fabricante. Soy un abogado muy atento y agresivo y manejo todos los casos personalmente, de principio a fin. Antes de graduarme de la escuela de Leyes de Boston College, trabajé para una compañía de seguros nacional como mediador de reclamos por lesión. Sé exactamente como las aseguradoras evalúan esos reclamos y sé como obtener la mayor cantidad de dinero disponible para su reclamo de lesión corporal.

Me enorgullezco en ofrecer un excelente servicio al cliente. Contesto todas las llamadas telefónicas y correos electrónicos que recibo dentro de veinticuatro horas. Me aseguraré que usted entienda todos sus derechos y opciones antes de decidir si llegar a un acuerdo en el caso. Aunque mi oficina se encuentra en el centro de Providence, siempre estoy dispuesto para una consulta a domicilio o para visitar a una víctima en el hospital.

Aunque mi portal en Internet esté escrito en Inglés, tengo una página que resume mis servicios legales en Español.

Si usted, un amigo o un familiar ha sido herido en un accidente de auto, de camión o de motocicleta, o debido a un resbalón y una caída, y está buscando un abogado para daños corporales que trabaje con talento y efectividad, llame de inmediato a mi oficina para recibir una consulta gratis.

Deciding which attorney or law firm will represent you for your personal injuries sustained in an auto, truck, or motorcycle accident is a huge decision. You should conduct research (the internet has made this incredibly easy) and even talk to a few attorneys before deciding who is best to handle your case. Regardless of which attorney or law firm you decide to hire for your personal injury, it is in your best interest to hire someone to represent you.

Years ago, before law school, I worked as an injury adjuster for a national insurance company. I can say with experience that insurance companies do not want you to hire an attorney because they know the settlement for a car or truck accident without an attorney will be much lower than if you hire an attorney. That is not to say that ALL insurance companies are evil corporations looking to rob and ignore injury victims (but I do believe that may be the mission statement for at least a few insurance companies!)

There is a series of television commercials in this state for a well-known law firm (I refrain from stating their name since their advertising budget is high enough and they do not need my help) which depicts an adjuster trying to coerce an unrepresented car accident victim into singing a release only to find out that they are represented by _______ law firm. Cut to the adjuster choking on some form of food.

While these commercial spots clearly take artistic license, it is true that insurance companies would prefer that you not hire an attorney for your car or truck accident. That is because insurance companies are in the business of making money, and they do this best by withholding money from injured victims. But if you really want the insurance company and adjuster to choke on their sandwich, you need to hire the right attorney.

Attorneys across the country attend seminars and buy books regarding the inner workings of insurance companies and how they evaluate auto or truck accident cases. I, on the other hand, was on the other side and know exactly what an insurance company will do to try an find flaws in your case and how they will ultimately evaluate your injury. This knowledge is essential to helping you obtain the best possible settlement for your car or truck accident injury.

A few things to consider and take away from this post:

• It is in your best interest to hire an attorney to represent you for injuries sutained in a car or truck accident


• insurance companies know who the best attorneys are, so it is imperative that you perform some research and hire an attorney with a great reputation


• if your injury is a minor one that required only minimal or no treatment, you might be able to work directly with the insurance company

Continue reading "Hiring an Attorney for Your Auto, Truck, or Motorcycle Accident" »

We've discussed the effects of cell phones (talking, texting, etc) in automobiles in past posts. Rhode Island is one of the many States to ban texting while driving but a recent report suggests that such laws may be ineffective in preventing auto accidents. The study compared auto accident statistics between States that have enacted cellphone bans and those States that have not enacted such bans and found little evidence that the laws were effective.

The growing concern comes amidst a University of Utah study which indicated that using a cell phone while driving was as dangerous, if not more dangerous, than driving drunk. Earlier this week Transportation Secretary,Ray LaHood, recently announced laws to prevent cell phone use by commercial truck drivers and bus drivers. However, effective efforts to curb cell phone use by the majority of drivers continues to be slow.

There is now substantial evidence that cell phones adversely affect drivers and can lead to auto accidents. If you have been involved in an auto accident and believe that the other driver was distracted by cell phone use, tell the police of your suspicion or attempt to secure eyewitnesses who can confirm the other driver was on the phone. This may help your case if liability (fault) for the auto accident is not already clear.

Continue reading "Cellphone Bans While Driving May not Prevent Auto Accidents" »