Rhode Island Injury Lawyer Blog

This is a bit of a dual topic post, but they share similarities. What I am referring to is the number of ways in which an insurance company can spy on a plaintiff during a personal injury claim. The two most common ways that adjusters and defense attorneys can try to obtain information about a claimant are: 1) social media and 2) video surveillance. It is important to remember that your activities and statements may not be private if you are in the middle of a personal injury claim against an insurance company, in particular, if your case has gone into litigation. Regardless of whether your injury was caused in a car accident, slip and fall, or other type of accident or injury, it is ALWAYS in your best interest to keep details of the case or lawsuit private.

Social Media

Almost everyone is on Facebook and Twitter, including this office. (Please click the links to follow our pages). If you are in the middle of a personal injury claim, however, you may want to keep quiet about the details of your claim and your injury status especially if your Twitter and Facebook accounts are open to the public. If the insurance company believes that: a) your injury is not as severe as you claim, or b) that you healed from the injury much sooner than the medical records indicate, then the insurance company may look for evidence to support their opinion which includes looking at your Twitter or Facebook profiles. If you make statements or post updates that suggest you are feeling better or if you upload pictures of yourself performing manual labor or exercising, then rest assured the insurance company will use that evidence against you. If you were injured in an auto accident or other type of incident and want to update your friends and family regarding your condition, it is best to make your posts private or to keep your posts vague so that it can not be used as evidence against you. Also, do not accept friend requests from people that you do not know since this may be an insurance adjuster or an employee of the defendants law firm.

Video Surveillance

Many people are shocked to find out that they may have been the subject of a private investigation. It is true, however, that insurance companies will hire private investigators for 10-20 hours to videotape your behavior if they believe that you are "faking" or "exaggerating" your injuries. If these videos show that you are able to work in a physical profession or exercise, then that evidence will be used against you in your personal injury claim. Surprisingly, this is not illegal or a violation of your privacy. I do not want to scare anyone into thinking that they are being followed. In fact, this tactic is very rarely used and usually only in cases in which the insurance company truly does not believe your injury claim.

In the end, it is important to remember that you and your attorney should control your personal injury case. You do not want to hand over control to the insurance company by saying or doing things that can be used against you at a later time.

A number of people have recommended that I post a results and testimonials page on my website to show the great results that we are obtaining for our clients. I understand that there are a lot of personal injury attorneys that you can hire for your accident case and I also understand that the words of your friends and neighbors might be very helpful in deciding if my firm is the right choice for you. To that end, I have added a testimonials and results page to my website which includes emails, letters and cards that I have received from clients thanking our office for a job well done.

In a few short years my office has grown tremendously thanks, in large part, to the kind referrals of past clients. A personal injury attorney needs to not only be an aggressive professional but also a trustworthy friend. I go to great lengths to forge long lasting and solid relationships with all of my clients who are very important to me. I want to thank all of my clients and I invite any past or current client to comment on this blog post sharing your thoughts and observations about my law firm.

The results and testimonials page will continue to be updated. Please take a chance to look at the page and see what customers are saying about our firm. Testimonials are included from auto accident victims, slip and fall victims, medical malpractice victims, etc.

When you are looking for a personal injury attorney to take your case you will see that all bodily injury attorneys offer a free consultation and a no fee unless we win policy. My firm goes above that and tries to do things differently by keeping open lines of communication, pursuing quick and aggressive results and by making all of our clients feel like the most important client. Please take a minute to talk to us and see what sets us apart from the rest.

Many years ago, I worked as an adjuster for a major insurance company and since then I have been explaining on this blog and my website the many ways in which insurance companies attempt to devalue your personal injury claim and poke holes in your liability claim to make you appear at fault. I have used this personal experience to the benefit of my clients resulting in fantastic and quick personal injury settlements. Despite my previous writings, I was surprised to see an article about the "secrets of insurance adjusters" on a major website such as MSN.com. Nevertheless, there it was... This is a very interesting article covering many of the insurance industries tactics and tricks to ensure you do not receive what you are entitled to for your personal injury claim.

Although they are contractually obligated to protect their insured and pay for all reasonable damages, it is essential to note as this article points out that insurance companies did not become multi-billion dollars businesses by giving away their money!

Devalue the Case!!!

This is insurance adjusting 101. As soon as the accident is reported to the company an adjuster is on the phone talking to you. He or she may try a number of tactics to ensure that you do not get full value for your case:

1) The adjuster will tell you that you do not need an attorney because they value cases the same way with or without an attorney and that the attorney will just take your money. Ask my recent client about this strategy. She attempted to work with the insurance company directly until they offered her an insulting amount of money (less than $20,000). Just a few months after hiring me we settled the case for the at-fault drivers policy limits - $100,000. After hearing this you should understand why insurance adjusters want you to stay away from auto accident lawyers.

2) They will try to convince you to settle quickly. Releases are binding contracts and the insurance companies know that if they throw a few thousand dollars at you early on before you know the full extent of your injuries they can receive a binding Release which will prevent you from seeking any further damages in the future. Never settle early and without first speaking to a Rhode Island personal injury lawyer.

3) They will try to steer you to "preferred" auto body shops. Do not get me wrong, many "preferred" auto body shops do a wonderful job repairing your vehicle, but they do not press the insurance companies for certain repairs that other body shops might. This is because they receive a good amount of business referrals from the insurance companies. Go to the shop you want to go to and if it happens to be a "preferred" body shop then that is fine you can still be confident that they will do a great job!

4) They will look to take a recorded statement from you. Remember that you are under no obligation to give any kind of statement to the other driver's insurance company. They are taking the statement, in part, to confirm the facts of the accident, but also in hopes that you might trip up and say something damaging to your own case. If you make a statement against your own interest, they know have it on tape and will use it against you to offer you less than 100%. In Rhode Island, as I have discussed in the past, the insurance company can withhold any percentage of money that they feel you contributed to the accident. If they believe you were speeding do not be surprised to find out they are reducing your payout by 10-20%. Do not give a statement to the other driver's insurance company without first speaking to a car accident lawyer.
Do not confuse this with your own insurance company who you are contractually obligated to cooperate with.

5) Devalue your injury. The insurance adjuster will attempt to settle your case early, even if you are still seeking medical treatment. They will try to convince you that the injury is not very serious and that their offer is fair. They may even tell you that this is all the money you would receive even if an attorney were involved or if the case went to trial. If you think the offer is too low, it probably is.

As you can see the insurance companies set out early with a plan to cut costs and devalue your case. If you do not hire an experienced personal injury attorney they will use one or all of these tactics to ensure that you do not receive all the money you are entitled to. Don't fall into any of these traps... even MSN money wants to make sure you do not make bad financial decisions following an accident or injury, this is no longer just my office speaking. Call my office today for a free initial consultation. There is no fee unless we obtain money for you!

From time to time, I like to take this forum to share great results and this week has seen another personal injury victory for attorney Joseph Lamy. In this case, my client was T-boned by a drunk driver in downtown Providence suffering a fractured ankle. She did not immediately hire a car accident attorney and chose to work directly with the insurance company. After several months to a year of recovery and working directly with the insurance company, they extended an insultingly low offer that barely covered her medical bills. Of course, personal injury attorneys such as myself are not at all surprised by such tactics. Unfortunately, too many people accept these offers in the belief that it is all their case is worth. Particularly after the insurance company tells the victim that they will receive less money if they hire an attorney, etc.

Fortunately, my client understood that the offer was far too low and contacted my office. We filed suit and quickly went to work proving my client's case. After depositions, expert testimony and aggressive discovery, the defense attorney has offered the policy limits in this case to the tune of $100,000.00. Not only is this offer more than FIVE TIMES what my client was initially offered but the offer was made only six months after my taking the case!

This is a fantastic result, particularly given the speed with which the offer was made. Litigation too often takes several years to end in a good result. Results like this, however, remind us that if an offer seems too low it probably is. Litigation while time consuming and at times, stress-inducing, is sometimes the only way to ensure that you are fairly compensated for your serious bodily injury.

If you have been seriously injured in an auto accident or other type of personal injury and are considering which attorney to hire for your representation, remember that most lawyers can settle a case, but only a few know how to win your case! Contact my office right away for a free consultation.

I recently published a post regarding spinal and nerve injuries following an auto accident which in addition to demonstrating the need for an experienced Rhode Island personal injury attorney, highlighted the severity and risk of spinal injury in a serious car accident. Several cases have come into my office recently with nerve damage to other parts of the body, in particular, the ulnar nerve which runs the entire length of the arm.

The ulnar nerve originates at the C8-T1 vertebrae (the neck and upper shoulder region) and travels the entire length of the shoulder to the fingers. The nerve supplies sensation to the forearm, wrist, and the 4th and 5th digit of the hand. It is the largest unprotected, meaning not protected by muscle or bone, nerve in the body making it especially susceptible to injury. An ulnar nerve injury can be sustained in a car accident, motorcycle or bike accident, or slip and fall, especially if there is direct contact between your arm (in particular the elbow) and some other object such as a fall to the floor or being thrown into the dashboard in a car accident. Trauma can cause the nerve to be directly damaged, or entrapped by muscle. The most common form of ulnar nerve entrapment is cubital tunnel syndrome which often requires surgical intervention.

If you have been injured in any kind of accident and experience a loss of sensation, a tingling sensation, or pain in your arm you must seek medical attention. A referral to a neurologist will likely be necessary to confirm the diagnosis of nerve damage. An EMG will most likely be conducted to evaluate the injury. Physical therapy and pain medication may be sufficient to remedy the injury, but serious nerve damage is likely to require surgical intervention. Even following surgery, it is possible to still experience pain and numbness in the affected arm.

These are very serious and often permanent injuries. It can be particularly damaging if the injury is to your dominant hand. As they are want to do, insurance companies often challenge the causal relationship between a fall or car crash and the ulnar nerve injury. It is imperative that you hire an attorney experienced with these types of injury and who is ready to take the case to trial, if necessary to prove your case. If you were involved in some form of accident or injury and have been experiencing arm pain as described in this post discuss your symptoms with your doctor and ask if he or she feels that there is possible nerve damage. In addition, contact my office so that we can discuss your case to see if you have a right to be compensated for your ulnar nerve injury.

Continue reading "Ulnar Nerve Damage in a Car Accident or Slip and Fall" »

If you are involved in a serious personal injury claim that is on its way to trial in Rhode Island it is important to understand that Rhode Island is the only State in the Country that allows evidence of subsequent remedial measures to suggest negligence on the part of another. My non-attorney readers are probably lost, but I promise to explain why it is important. As a Rhode Island personal injury trial attorney, this rule of evidence gives us a tremendous tool that most of our sister States do not have.

First, the obvious question - what are subsequent remedial measures. These are steps taken by a person to remedy or fix a situation that previously led to injury. For example, if you slip and fall down a flight of stairs in your apartment building because of a broken step and the landowner repairs the step that night - he or she has taken subsequent remedial measures to insure that no one else is injured. The very fact, however, that the landowner needed to do a repair suggests that something was wrong that needed to be fixed. In Rhode Island, according to Rule of Evidence 407, you can use the evidence of the repair to impress upon the jury that something must have been wrong if the person took steps to correct the problem.

When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is admissible.

The Federal Rules of Evidence and the other 49 States do not allow this evidence to be used against a person to demonstrate negligence. Why? Every one else believes that it is better public policy that a person remedy a potentially harmful situation rather than leave it unchanged because he or she is afraid of the repair being used as evidence of negligence at trial. In other words, if a person knows that he may be admitting fault by making necessary repairs, he is less likely to do so and this leaves the possibility that more people may be injured. Therefore, in the Federal Courts and the other 49 States you can only use evidence of subsequent remedial measures to demonstrate ownership of the property and not as evidence of negligence.

This scenario comes up most frequently in Rhode Island slip and fall cases, i.e. a crack in the sidewalk, or a loose stair, or broken rail that causes one to fall and sustain personal injury. If you are aware that the owner took steps to fix the situation, try to obtain pictures of the changes because at your trial in Rhode Island it is admissible evidence.

Continue reading "Subsequent Remedial Measures in Rhode Island" »

Normally an argument over medical bills with an insurance adjuster is something that your car accident attorney will handle, but if you are trying to resolve the case on your own, you may have recently been told that your medical bills are unnecessary or unreasonable. Of course, you are simply following doctor's orders and obtaining the treatment he or she recommends for you to get better. You may ask, how on Earth are my bills unnecessary or unreasonable?

The first thing you should understand about insurance adjusters is that they believe everyone should be healed within 6 weeks of the accident. Whether you broke a leg or suffered a whiplash injury, it is expected that you stop treating quickly. When doctor ordered treatment goes on for a lengthy period of time (because you are still in pain and the doctor is advising you to seek additional treatment) the adjuster may begin to argue that the bills are unnecessary or unreasonable.

In a Rhode Island personal injury lawsuit, you are entitled to medically necessary and reasonable medical bills. This is why, in an effort to cut costs and the value of your case, the insurance company will attempt to argue that your bills are too high. In order to obtain all of your medical bills for any given case, we must prove that your treatment was medically necessary (i.e. doctor's orders) and that the treatment is causally related to the auto accident, slip and fall, or other accident. Causal relation is extremely important and it is often the subject matter of a personal injury lawsuit. Defense attorneys love to argue that your back pain stems not from the auto accident but from some pre-existing injury such as your days playing college football or a different auto accident ten years ago. It is on your Rhode Island car accident attorney to show that the treatment was medically necessary and causally related to the accident at hand.

If the insurance company is beginning to give you a difficult time or pressure you into settling quickly, contact my office right away. We can discuss your case for free and if I take on your representation there is no fee until I obtain money for you.

With the 4th of July approaching, a number of doctors have expressed their concern over the potential for injury this Holiday. Dangers exist not only from the illegally obtained fireworks from neighboring States, or the complex and large-scale displays put on across Rhode Island, but additional dangers exist now that the State of Rhode Island has legalized certain fireworks. So called "sparkler" fireworks, or non-explosive fireworks have been legalized in Rhode Island and are readily available. These fireworks, while they do not contain explosive elements and are not projectile, still raise the risk of burn injuries, eye injuries, and other serious injuries. The US Consumer Product Safety Commission cautioned that children should never be allowed to play with sparklers because these fireworks can reach tempatures of nearly 2000!!! degrees fahrenheit. Children are at the highest risk of firework related injury. Last Year nearly four thousand children under the age of 15 were injured by fireworks. The injuries ranged from minor to fatal.

Fireworks obtained from New Hampshire which will be shot at thousands of houses across Rhode Island this weekend, continue to possess the greatest danger. These devices contain explosive elements which can fail and explode too lose to ground level near onlookers, instead of in the sky as intended. Also, an inexperienced user of fireworks may "set off" the firework improperly causing it to project towards people instead of in to the sky, or explode early.

Injuries resulting from fireworks can be extremely serious and do not need to be outlined in this article. If you or someone you know was injured while viewing a firework display, properly licensed or not, it is imperative that you speak to an experienced personal injury attorney right away.

Tomorrow morning I will be at Providence Superior Court for a hearing on a so-called "friendly lawsuit". It occurred to me as I prepare for the hearing that many people may have heard of a friendly lawsuit, or been told that they will be part of a friendly suit, and may not know what it is all about.

Even though it sounds like an oxymoron, a friendly lawsuit occurs when the parties have agreed to terms but want Court approval of the Agreement. In the area of personal injury, in which I practice, and where friendly suits are not uncommon, they are filed because the plaintiff is a minor and the settlement is over $10,000. Under Rhode Island law, a settlement over ten thousand dollars for a minor child must be approved by a Judge after the Guardian Ad Litem has drafted a report and confirmed that the settlement is in the best interest of the child.

The purpose of this extra step is so that an impartial third party will look at the interests of the child to ensure that the settlement is fair for the plaintiff who is unable to make his or her own decision. Since a minor can not enter into a contract legally, a friendly suit, will also make the signed Release binding on the minor. Otherwise, a minor plaintiff can bring a personal injury lawsuit after his or her 18th birthday.

If your child was seriously injured in any kind of personal injury action and negotiations have begun for settlement, you may begin to discuss the need to file a friendly lawsuit. If you are working without the help of a personal injury lawyer, I would advise contacting one to help you through this tricky additional step.

Continue reading "What is a "Friendly Lawsuit?"" »

Portable pools, ranging from small plastic wading pools to relatively large constructions that hold 3-4 feet of water are increasing in popularity because they are easy to assemble and are a cheap alternative to formal pool systems. A new study, however, suggests that these portable pools may be very dangerous to young children. According to the study, in the last several years there has been 244 serious incidents involving portable pools, with 209 of those cases resulting in death by drowning. 94% of the victims were children under the age of 5, and most injuries occurred at the child's home.

The reason for this high risk of danger is unclear but there may be many factors:

• Portable or temporary pools do not have the same protective and/or safety equipment that formal pools have;
• parents are less likely to be in the pool with the child when and if a problem occurs;
• some parents may wrongfully assume that the pool is too small to pose a risk;

Drowning can occur in a flash and so suddenly that even monitored children are at risk. It is imperative to constantly monitor children in a pool and if the child is particularly small, to always be within arm reach so that you can save the child immediately.

All pools, above ground, in-ground, or portable are a serious danger to children and parents and supervising adults must act with extreme caution to prevent catastrophe.

Continue reading "Drowning Risk is High for Kids in Portable Pools" »

Are you currently trying to work directly with the insurance company for your personal injury claim? Are they pressuring you to settle your auto accident injury claim? Are they telling you that you do not need an attorney to represent you because they will treat you fairly?

I know there are a lot of you out there and I know that you are nervous about how things are going to work out with the insurance company, but maybe you are afraid that you can not afford an attorney or that the attorney will cost too much. I used to work for the insurance companies and I know how they think - I can assure you that you need a personal injury attorney to handle your auto accident claim. If not me, hire someone else.

The reason is, quite simply, that insurance companies do not want to pay you. It is their money and they would prefer to keep it. There are two methods insurance companies often take regarding unrepresented injury victims: 1) They ignore you and make you wait as long as possible to pay you as little as possible; or 2) Pressure you in to signing a Release for very little money shortly after the accident.

The fact (and I know this since I've been on the insurance side) of the matter is that you will receive much less money without an attorney than if you had one. Furthermore, almost all personal injury attorneys, including myself, work on a contingent fee basis. This means that we only take a percentage of what you earn and we are not paid until you are paid. You do not need to worry about affording an attorney because you will not pay anything until the case settles. And, I am convinced, that in almost all cases you will still make more money after paying the attorney than you would earn working directly with the insurance company.

There are a couple of reasons why you can never be fully compensated for your personal injury claim without an attorney. First, you may not be aware of what you are entitled to. Second, you may not understand your options for paying medical bills. Third, and most important, the only real threat to the insurance company to force them to pay what you deserve, is a lawsuit. Without an attorney, the insurance company knows that you are not going to file suit, so why should they make a reasonable offer to you? An unrepresented injury victim has no bargaining power with the insurance companies.

If you are currently trying to work with the insurance company for your injury claim, call my office for a free consultation. It is never too late to hire a personal injury attorney for your accident claim. I have many clients who tried to settle directly with the insurance company only to be offered an embarrassingly low amount of money. After the shocking offer, they called my office for help. Let my office handle your auto accident claim for you and avoid the frustration and work of dealing with the insurance companies.

Continue reading "Let Attorney Joseph Lamy Handle Your Auto Insurance Claim" »

The civil litigation system has been subject to a PR attack since the 80's launched in large part by large corporations and insurance companies determined to convince the public that tort cases are destroying the economy and benefit only greedy attorneys. While this is obviously untrue, the PR campaign has been effective.

Interestingly, it seemed to gain real traction with the case of Stella Liebeck, who was notoriously injured after hot coffee spilled on her lap at a McDonald's drive-thru. The Hot Coffee case became a part of our culture, joked about in the media and talked about by nearly everyone. The majority were quick to quip - "Coffee is supposed to be hot!" "It was her own fault, how can she sue", etc. Outrage mounted after the jury awarded Ms. Liebeck millions. Did anyone, however, understand the true facts of this case.

No one mentions that Ms. Liebeck suffered third-degree burns over 6% percent of her body and required skin grafting. Nor do they mention that Ms. Liebeck was initially only seeking her medical bills to be covered but McDonald's refused to seriously consider her case even though they had a corporate policy of keeping their coffee much warmer than other coffee suppliers.

The Hot Coffee documentary is about to re-ignite debate on this infamous case. It stands to be interesting and while it will hopefully shed light on the facts of this case, it is certain to re-open debate on the civil litigation system.

Like a good percentage of Rhode Islanders, I celebrated St. Joseph's day with my family and zeppole. Unfortunately, the Providence Journal is reporting that the holiday tradition caused at least 23 Rhode Islanders to become ill with salmonella. Of those 23 at least 13 required hospitilization for the illness and several remain hospitalized.

The dangerous pastries were from DeFusco's Bakery in Johnston which has since been closed following a Rhode Island State health inspection showed that the cream was kept in unsafe or unsanitary conditions which may have led to the salmonella outbreak. DeFusco's products are also sold and distributed in several other bakeries including Crugnale, Calvitto's, and Sal's Bakeries.

Salmonella is a foodborne illness that can begin to show symptoms a few days after infection. Symptoms include nausea, vomiting, dehydration and diarrhea, among others. An infection, if untreated, can be extremely dangerous and anyone who feels they may have been infected should contact a doctor immediately and the Rhode Island Department of Health.

Anyone injured by this foodborne illness, or another, is entitled to personal injury benefits, including medical bills, lost wages and pain and suffering. If you or a family member has been sickened or hospitalized because of this outbreak of salmonella, contact Attorney Joseph Lamy right away to protect your rights.

Continue reading "Salmonella Outbreak Linked to Zeppole from Johnston Bakery" »

This week a new client came into my office following a very serious car accident. He suffered significant injuries and was rushed to Rhode Island Hospital. The accident happened over a week ago and he told me that he thought he had to wait for the police report before contacting an attorney. For my client, the delay did not effect the case, but it occurred to me that other people may also be under the belief that they need to wait for the police report.

This is absolutely untrue. In fact, in order to ensure that things go smoothly and that you receive fair compensation, it is best for your personal injury attorney to get started right away on your case. For my clients, I begin working cases immediately after the consultation. In addition, my office handles the property damage claim and we can get started on that right away so that you are not without your car for longer than necessary.

Your lawyer will obtain the police report when it becomes available. Depending on where in Rhode Island your accident occurred, the police report can take anywhere from 2-7 days to become available. It is not worth waiting this much time before calling your attorney. After all, police reports are helpful to identify insurance information and confirm the facts of loss, but they rarely make a major difference in a personal injury case.

Continue reading "Don't Wait For the Police Report Before Contacting Your Attorney" »

A herniated disc is one of the more common serious injuries to occur following an auto accident. It is a potentially life changing injury that may require high risk spinal surgery. It is a more serious injury than ordinary whiplash and must be treated as such by your attorney.

What is a Disc Herniation?

Each of us has a small gel like cushion (the disc) between each vertebrae in our spinal column. This disc is what allows us to bend, twist, and turn our spine without pain. In a serious auto accident, the shock to the spine can cause this disc to rupture. This causes a great deal of pain for two reasons. First, you no longer have the necessary cushion to protect the vertebrae from "rubbing" against each other. Second, the herniated disc can move inside the spinal column and rub against spinal nerves causing a great deal of pain not only to the back, but radiating into the arms and legs. If your pain extends away from your back and into your limbs, your doctor will likely order an MRI to confirm the existence of a herniated disc.

The Insurance Company Will Almost Always Deny These Claims

If you have suffered a bulging disc (a disc injury that has not completely ruptured) or a herniated disc, you need to have an experienced personal injury attorney who understands how insurance companies think and who is willing to file a lawsuit to ensure you receive fair compensation. This is because insurance companies frequently deny that a herniated disc is related to an auto accident. Here's why...

The vertebral discs, like every other part of our body, tends to break down as we age. People as young as 30 can already show signs of disc deterioration and a high percentage of the population already have bulging discs. Men and women who are athletic or work in physical occupations are very likely to show some evidence of disc damage even before an auto accident. For this reason, insurance companies will always argue that the disc injury was pre-existing and unrelated to the auto accident.

Don't Let the Insurance Companies Ignore Your Disc Herniation

Most auto accidents result in damage to the soft tissue of the neck and back, a so-called whiplash injury. A disc herniation is not the same as whiplash and your settlement amount should not be the same as a whiplash victim, either. As a former insurance adjuster, I know how the insurance companies approach spinal injury claims, and I will use that knowledge to obtain the best possible result for you.

Continue reading "Herniated Disc Following an Auto Accident" »