Rhode Island Injury Lawyer Blog

Some injury victims do not choose to pursue a personal injury claim. There may be a few reasons for this. Some reasons that I have heard include:

• "I'm not comfortable with lawyers and courtrooms"


• "It was just an accident...it happens"


• "I don't want to sue anyone and ruin their lives"

You should be aware that almost all personal injury claims whether auto accident, dog bite, slip and fall, product liability, or medical malpractice, are covered by some form of insurance. Insurance companies bear the costs of defending the case and paying out any potential settlement or jury verdict. The entire premise of the insurance industry is that everyone pay a small amount to help spread the risk when something serious happens. Therefore, it will most often not directly effect the person or corporation which the claim is made against.

Even if circumstances require a lawsuit to be filed to ensure that you recover an appropriate amount of money, the insurance company will pay all the defense and litigation costs. The defendant or defendant corporation will almost never have any out of pocket loss because you made a claim against them.

Continue reading "What if I was Hurt but I Don't Want to Sue Anyone?" »

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?" »

The 4th of July is just around the corner and that means barbecues and fireworks. In Rhode Island, fireworks have been heavily discussed in the news thanks to a new law that allows the sale of certain types of fireworks in the State.

According to the general assembly, only the most basic types of fireworks, such as sparklers and smoke bombs, are legal under the new law. The most fun fireworks, projectile and loud, such as roman candles and bottle rockets, still require a license. Nevertheless, I expect to see an increased use of fireworks of all kinds throughout the State this summer.

Of course, the reason that fireworks require a license for use, is that they are extremely dangerous. Fireworks are, after all, controlled explosions. Accidents can occur in private backyard barbecues or in large public audiences, such as the injuries sustained at McCoy Stadium a few years ago. Fireworks accidents can result from lack of instructions or safety warnings, defective fireworks, fireworks that detonate early, or detonating fireworks too close to spectators.

The most common injuries from fireworks are to the hands, face, eyes and ears. Injuries can range from minor burns to amputations, blindness, and even death.

I urge everyone to enjoy the holiday safely. If fireworks are part of that enjoyment, respect how dangerous they can be and stay safe. If you are the unfortunate victim of a fireworks accident, contact our office right away. We will investigate the facts of the incident to identify who the responsible parties may be in order to obtain financial compensation for your injuries.

Continue reading "Rhode Island's New Fireworks Law and the Danger of Injury" »

Three years after introduction, the Massachusetts House of Representatives, overwhelmingly voted to ban use of ATV's by riders under the age of 14. The current State law allows riders as young as 10 to operate ATV's which can be extremely dangerous. Across the country, 77% of all ATV related injuries and deaths involved riders younger than 14.

Under the new law riders 14-16 will only be allowed to ride ATV's with an engine capacity under 90cc, or in a sanctioned race supervised by someone over the age of 18. While there are opponents to the measure, I would expect to see this law quickly passed. Massachusetts has had a high number of tragedies involving young children and off-road vehicles, such as ATV's. In the last few years, Massachusetts has investigated over 300 reported accidents and 21 fatalities caused by ATV accidents.

I have previously discussed the laws surrounding ATV accidents in Massachusetts, and I have a great deal of experience in handling these types of cases. ATV accidents result in very serious injuries, and even death. It is imperative that you contact an experienced ATV accident attorney right away.

Continue reading "Massachusetts May Raise the Minimum Age to Operate ATV's" »

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" »

Rhode Island law requires that an injury caused by the negligence of a Town or City be reported to that Town or City within sixty (60) days of the accident, or the case will be dismissed. This is a topic that has been on my mind for the past week or so because I have a new client who broke her ankle on a Providence sidewalk and because the Rhode Island Supreme Court just discussed the law in a recent ruling.

The plaintiff in the recent Rhode Island Supreme Court Decision, Susan McNulty, had her case dismissed by summary judgment because she did not adequately notify the City of Providence of her fall. Ms. McNulty spoke with the City clerk but never actually notified the City in writing, as per the statute, and the City moved for Summary Judgment. Summary judgment was granted meaning that her case is dead and buried. The Supreme Court affirmed the granting of summary judgment.

Rhode Island General Laws 45-15-9 and 45-15-10 state that a person injured on a highway, causeway or bridge, must give notice to the Town or City obliged to keep the road or bridge in a safe condition, of any injury within sixty days of occurrence. The notice MUST be in writing and signed by the injured party (or his or her attorney) and indicate the time, location (with specificity), and manner of the injury that occurred on public property. Because Ms. McNulty only notified the City of Providence by phone, she was in violation of the Statute and lost her case.

The general public is unaware that this statute even exists and may falsely believe that they have three (3) years to bring a suit against a town or city because that is the statute of limitations. Unfortunately, this is a costly mistake. There are additional provisions in the statute as well which require a formal demand before the filing of a lawsuit, etc.

Regardless of the nature of the accident, whether slip and fall or auto accident, you must notify the city or town if they are a potential defendant. This is the law throughout Rhode Island. Therefore, if you were injured on public property, it is imperative that you speak to an experienced personal injury attorney right away so that you do not lose your rights to compensation. This is a legal minefield and not an area of law which you want to travel alone.

Continue reading "Be Aware of Rhode Island's 60 Day Notice For Accidents Caused by the Negligence of City or Town" »

Today I came across an interesting case out of Virginia. A judge has approved a $1.75 million dollar settlement in a case arising out of the death of a teenage girl who was sleeping over a friends house. The parents of the victim told the parents hosting the sleepover that they did not want their daughter to drive in any cars with boys. Unfortunately, the host mother gave permission for the girls to go for a car ride with a teenage boy that ended in the tragic death of the victim. The lawsuit sought money from the homeowner's policy of the hosts alleging that they were negligent in caring for the girl.

In approving the settlement, the Supreme Court of Virginia stated that a parent who agrees to supervise and care for a child has a common law duty to do so with reasonable care. One could make an argument that it was not unreasonable to allow the girls to get in a car with a properly licensed driver - but considering that teenagers often drive recklessly, particularly when in a group setting, an accident is arguably foreseeable. Furthermore, the parents of the victim specifically requested that the daughter not be allowed to get into such a situation.

I am unsure if any other State has similar case law (searching the case law of all 50 States isn't all that appealing) but I thought this was a novel and interesting ruling.

Recently I was speaking with a client who was involved in a serious car accident. Negotiations have been ongoing with the insurance company for over a month already, but I felt that their offers to settle the case were too low. I presented the offer to my client and reminded him that it is his choice whether to accept the offer, and that if he feels it is too low we can proceed to a lawsuit.

My client then asked me - how is a lawsuit going to affect me and my case? I realized that this might be a question that a lot of personal injury victims share and will be a good topic for a blog post.

In a previous post "Some Thoughts on Settlement", I offered some advice regarding the decision to accept or decline an auto accident or other personal injury settlement. Here is some additional information to consider if you choose to decline the offer.

A lawsuit is filed directly against the person, persons, or corporations that caused your injury from an auto accident, slip and fall, motorcycle accident, wrongful death, etc. His or her insurance company is not named in the lawsuit, but they will likely supply the defense attorney.

Your personal injury attorney will handle all of the additional work required with a lawsuit. Personally, the impact on you as plaintiff should be very little. You will be required to assist in discovery (answering questions and producing documentation that the defense requests) and you will likely have a deposition (a lengthy interview concerning the facts of the accident and the injuries sustained).

Beyond these obligations there should be little other impact on you personally. Of course, a lawsuit will greatly delay the amount of time before you recover the money to which you are entitled. The amount, however, is likely to be greater.

Filing a lawsuit does not always end in an actual trial. In fact, more often than not, a lawsuit will never make it to trial. Often, personal injury cases can be resolved by settlement, mediation or arbitration after a lawsuit was filed. Mediation and arbitration are similar dispute resolution processes. An impartial third party (not a judge) hears both sides and makes determinations as to a fair and equitable settlement.

If you have a strong case, then filing a lawsuit can really give you leverage in negotiations. The insurance company knows that they will have to pay a defense attorney to defend the case and that you are willing to wait for your day in Court rather than accept what little money they are offering you at the time. Of course, you need to speak with your attorney about your individual case and filing a lawsuit is not always the right thing to do.

Continue reading "What to Expect in a Lawsuit Following a Personal Injury Claim" »

Social media is so entrenched in our everyday lives that one would wonder how we ever lived without it. Everyone is on facebook, myspace, twitter, youtube, and the like. In fact, my office has a facebook page to help inform current clients and build my client base.

If you are involved in an ongoing personal injury case, you may want to be aware of what you post in your social media accounts. There is a very good chance that insurance companies, private investigators, and defense attorneys will look into your social media accounts for damaging information. I recently heard a story from another attorney who had a client who was injured in an automobile accident. A few months after the accident, the client posted a facebook status indicating that he was sore from the gym. Needless to say, the value of his case was greatly reduced.

Any facebook status that indicates you were capable of hard work, (i.e. "painted the house today") or are playing sports (such as the example above) can have a negative effect on your case. Even vacation or "night out" pictures which show you having a good time with family or friends could be used by the defense to show that you were not really hurt.

This is just one more thing to consider when you are discussing your private life in an open forum. It is always best to wait until the case settles or reaches trial before discussing your physical condition to the public.

Continue reading "Facebook and Your Personal Injury Claim" »

I have written about the ongoing debacle at Toyota Motor Corp. regarding their accelerator problems and numerous product liability lawsuits, and I have received a lot of calls from people who feel they have been victimized by a defective Toyota vehicle.

The more I investigate the situation, the more incredible it becomes. Toyota apparently was well aware of their problems, hid the evidence, and chose to ignore the problems. This may go down in history as a classic example of corporate greed overtaking public safety...not unlike the Ford Pinto, the tobacco industry, or asbestos manufacturers.

As product liability cases are launched across the country, attorneys have discovered that Toyota withheld potentially damaging information in previous lawsuits. The so-called "Book of Knowledge" was uncovered under subpoena by the House Committe on Oversight and Government Reform. According to Committee chair, Edolphus Towns, Toyota conducted a "systematic disregard for the law" and routinely violated "court discovery orders in litigation."

Among the information uncovered, Toyota has been concerned about the unintended acceleration problems as far back as 2005 and conducted numerous meetings and safety assessments. Toyota would often enter into negotiations during these early product liability lawsuits rather than disclose damaging evidence in discovery. These early plaintiffs would walk away satisfied that they were able to settle the case, but future victims were left in the dark regarding the dangers of these Toyota vehicles. The Committee has already placed the death toll from "runaway toyotas" at 39 (12 more than the afformentioned Pinto disaster).

One of the most interesting stories (at least to me) to develop from the recent discoveries at Toyota, involves a Minnesota man, Koua Fong Lee, who was convicted of vehicular manslaughter after an accident he caused killed a family of three. Mr. Lee defended from the onset that he was unable to stop his car or avoid the crash, but the Minnesota jury did not believe his testimony and he was subsequently convicted and sent to prison. In light of recent information, his case will be reviewed. I certainly hope for Mr. Lee that justice will prevail if he truly was not at fault for this accident.

Continue reading "Problems for Toyota Go From Bad to Worse" »

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.

Anyone who has been seriously injured at work may have a love/hate relationship with the Worker's Compensation system. The benefit to the system is that anyone injured at work can be compensated for lost wages and medical bills regardless of who was at fault for the accident. Even if you caused your own injuries, you are covered under worker's compensation. The drawback... victims injured at work can not sue their employer and can not collect damages for pain and suffering. Even if your employer did something negligent or put you in a dangerous situation, you can not sue for pain and suffering.

That said, I think it is important that people realize the many instances in which damages can be obtained for pain and suffering even if you were injured while at work.

• If you drive a truck or personal automobile for a living and are injured in an automobile accident caused by the other driver, you can still collect damages from the at-fault driver in addition to worker's compensation;
• if you are working outside and are struck by a vehicle, the victim of a pedestrian accident, you can pursue damages against the driver;
• if your employer sent you to another building or residence and you suffered a slip and fall, you can sue the owner of that building for the injury if there was a defect on the property;
• if you are a construction worker injured by a defective product, you can seek damages against the manufacturer of the faulty product.

As you can see, you are not limited to the constructs of the worker's compensation system just because you are entitled to worker's comp or were injured at work. If you were injured in a car accident, pedestrian accident, slip and fall, construction accident, or other similar accident while working, it may still be possible to collect damages from the at-fault third party. The above list contains only common examples and is not a complete list. It is important to speak with an attorney right away to understand your rights regarding worker's compensation and damages against at-fault third parties.

Continue reading "Obtaining Damages Beyond Worker's Compensation" »

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" »