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TIPS to get best injury settlement | Slepkow Law (est. 1932)

  • Do not go long periods of time  after an accident without obtaining medical treatment. As far as the Insurance Company is concerned, if your not treating- your not hurting. Insurance companies will not take your word that you were in pain and partially disabled when you were not under the care of a physical therapist, primary care doctor or chiropractor. If you are receiving medical treatment as a result of a Providence car wreck then contact, Providence car accident attorney, David Slepkow. ( “An experienced Rhode Island motorcycle attorney has years of hands on experience handling accidents involving a car or truck hitting a bike or other types of motorcycle accident.
  • Don’t cancel or miss medical appointments. This shows that you are not serious about your case and will lower your potential settlement. (According to the National Highway Traffic Safety Association, roughly 5,000 pedestrians perish and roughly 80,000 sustain a significant injury in collisions involving motor vehicles. Pedestrian accidents also cause numerous injuries and deaths in Rhode Island. 
  • Your not a Providence car accident lawyer and have no experience acting as a Rhode Island Car Accident Attorney.  Why do you think it is a good idea to represent yourself and negotiate your own auto accident settlement in RI? The liability insurance company will exploit your inexperience and lack of knowledge and offer you peanuts as a settlement. The adjuster knows that you will not be filing a lawsuit in Providence Superior Court, so you have no leverage. A Providence Automobile accident Lawyer knows all about the laws concerning automobile accidents, and can guide the victim in obtaining reasonable compensation.
  • If you receive a citation for texting and driving,  speeding, reckless driving, failure to yield or any other motor vehicle offense, do not represent yourself in traffic Court. If you are found guilty of a motor vehicle violation then you may ruin your chance of receiving compensation for whiplash, herniated disks or other injuries as a result of you Rhode Island automobile or motor vehicle crash case.
  • If you are seriously injured in a RI motor vehicle collision then you should leave the scene of the accident by ambulance. Otherwise, obtain medical treatment as soon as possible. If you wait too long to see your primary care doctor or obtain physical therapy or begin treatment with a chiropractor then the Insurance Company may seek to discredit your allegations. The adjuster will claim that your injury was not caused by the Providence Car wreck. ( Dog Bites – Claim Rightful Compensation with the Help of an Attorney:  

If you are suspicious that a motorcycle or truck motorist was:

then notify the police officer at the scene of the automobile accident. If you have evidence of criminal or reckless driving then it is imperative that you bring this to the attention of the police investigating the accident. The police may overlook something important.

  • Do not post information on Facebook, twitter or other social networks which indicates or tends to indicate that you are not injured or that your RI Personal Injury claim is not legitimate. Do not allow others to post such information either! If you are asserting that you are unable to work and are totally disabled then the picture of you lifting 200 pound barbells at the local gym, that your buddy Jonathon posted,  will not help your case. In fact such information may derail your Rhode Island Car Accident cause of action. (Rhode Island Truck  Accident Information – Semi Trucks, Tractor Trailer and Big Rig Crash)

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all  lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility. providence car accident

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Slip and Fall on Ice & Snow in Rhode Island | Slepkow Law

Rhode Island Falls on Ice & Snow
Slip on ice

Sadly, falls on ice and snow can never be curtailed 100 percent, but common sense precautions can greatly reduce accidents and create a safer environment. All homeowners and businesses in Rhode Island need to properly comprehend risk concerning slip and falls on ice and snow in RI. If you were injured in an accident in which a landlord, owner or business was negligent and at fault for your slip and fall accident then you need to retain a Personal Injury Attorney in Rhode Island.

Slip and fall on black ice and slippery wet floors

Black ice is a major cause of slip and fall premises liability Claims in Rhode Island.  There are hundreds of falls at malls, shopping centers, retail stores, restaurants, supermarkets, playground, parks, schools, stores and private residences. If you were injured on a slippery floor, sidewalk, parking lot or other surface then you need to contact a RI Slip and fall Attorney or a Providence Premises liability Lawyer

Stair accident | stairwell accident

There are also many slip and falls on stairs, stairwells that are caused by inadequate lighting , improper guardrails or other defects. The RI Supreme Court sitting in Providence adopted the “Connecticut rule” when the TOP Court ruled “…landlord or business invitor owes a duty to a tenant or business invitee to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.” BERARDIS v. LOUANGXAY 969 A.2d 1288 (2009) However, the Rhode Island Supreme  Court stated “The landlord or invitor, however, must be afforded a reasonable time after the storm has ceased to remove the accumulation. ”Id.

There are thousands of different types of injuries that can result from a slip on ice in Rhode Island. These include: fractured or broken bone traumatic head / brain injury and concussions, herniated disk, back and neck injury, spinal cord injuries and broken/ fractured legs.

Pedestrian accident injury lawyer in RI

Motorists must be particular careful to steer clear of pedestrian walking on icy sidewalks, parking lots or on icy street / road. A pedestrian slip and fall into oncoming traffic could be fatal and lead to wrongful death litigation in Providence Superior Court. Slip and falls in winter weather commonly occur in parking garages and parking lots. There are also many accidents on icy, snow covered and slippery ramps, driveways, lobbies, entrance ways, sidewalks, alleys and stairs.  Often, the most damaging winter weather can be a wintry mix because sleet, icy rain and snow can quickly turn to ice or black ice when it gets colder.

Lack of traction

Zurich asserts “The obvious reasons for most slip and fall incidents on snow and ice is a lack of traction. Restoring that traction on exterior surfaces may involve removal of the accumulation, to a wet surface condition, and applying rock salt or other ice melt products in most regions….”  Zurich 

Ice and snow accumulations

“Walking surfaces should be monitored for “black ice” or refreezing and de-icing and/or traction enhancing materials applied as needed, proactively and/or reactively. De-icing or traction materials such as cinders, sand, etc. should be used where ice and snow accumulations require additional melting or additional traction is needed for pedestrian or vehicle safety.” Id.

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Key Provisions in RI Wrongful Death Law by a Rhode Island Attorney

Rhode-Island-wrongful-death-law
RI wrongful death attorney

Below you will find the key facets of RI Wrongful Death Law. This article was authored by an East Providence Attorney. If your loved one or a family member was a victim of a fatal automobile accident, truck crash, pedestrian accident, slip and fall or fatal collision then contact a Rhode Island Wrongful Death Lawyer.

RI wrongful death law

How are wrongful death  pecuniary damages determined under RI Law? Determine the gross income over the decedents life expectancy and bring the amount to present value minus personal expenses the decedent would have spent on himself. If the person who was killed in the accident was a homemaker then the beneficiary may collect the fair value of the homemakers service. § 10-7-1.1  Pecuniary damages – How determined.

Who may recover for loss of consortium as a result of a fatal accident?

Who is entitled to recover a settlement for a fatal car, truck, motorcycle or other deadly crash in RI? The decedent’s spouse is entitled to recover damages as a result of a fatal Rhode Island truck crash or deadly providence bicycle or  premises liability accident causing a person to be killed. “…minors may recover damages against the person for the loss of parental society and companionship….the parent or parents of the minor may recover damages against the person for the loss of the minor’s society and companionship.” http://www.lawserver.com/law/state/rhode-island/ri-laws/rhode_island_general_laws_10-7-1-2

What is the Wrongful death law in RI?

§ 10-7-1  Liability for damages for causing death. – Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who, or the corporation which, would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.  “§ 10-7-1  Liability for damages for causing death. –

Who can pursue a wrongful death lawsuit in Rhode Island?

Who may pursue a Rhode Island Wrongful Death Cause of action using a RI Personal injury Attorney as a result of a fatal Rhode Island car accident or other  deadly negligence cause of action?

The executor or administrator of an estate may bring a cause of action on behalf of the beneficiaries of the estate. A spouse, brother, sister, sibling, aunt , uncle, cousin, son, daughter or child may not bring a direct action in Providence Superior Court as a result of a fatal car, truck, motorcycle, pedestrian or construction accident.

How are damages apportioned between the beneficiaries?

How are damages split between the beneficiaries of the estate in a RI wrongful death lawsuit as a result of a result of a motor vehicle accident?

  • “…one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate…” Law server 

What is the statute of Limitations for a wrongful death in RI?

The case must be filed within three years of the accident. However do not wait too long before you retain a Providence Personal Injury Lawyer.

Are death cases an asset of the estate of the deceased?

No.  Pursuant to Rhode Island General Laws 10-7-10 damages go to the beneficiaries and are not assets of the estate. Therefore they are no able to be revored by the creditors of the estate.

Are Punitive damages possible in a wrongful death case?

Yes. Punitive damages are more likely to be awarded in the following types of  cases involving reckless conduct such as:

What types of accidents most often are fatal in Rhode Island?

 

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Crosswalk Accident Lawyer in RI | Intersection Accident

Rhode Island crosswalk accidents
Crosswalk accident- hit by a car

Crosswalk and intersection accident often result from driver error / negligence. Most people think that if they are in a car they own the road and sometimes they fail to obey laws that are in place to protect pedestrian traffic. While cars have four sides and a plethora of safety features to keep them safe from impacts, pedestrians have no such protection and therefore are in the most danger of becoming victim of poor driving habits. Bicyclists and bikers are also in great danger if they are hit by an automobile.

Crosswalk accident causing injury

“Whenever possible, cross streets at crosswalks or intersections, where drivers expect pedestrians. Look for cars in all directions, including those turning left or right. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.” NHTSA

If you live in an urban area such as Providence RI or Boston Massachusetts, then you are most likely all too familiar with the experience of almost being clipped on a crosswalk by an impatient motorist.

Rhode Island drivers who behave in this way by blatantly ignoring traffic safety laws in Providence are not only putting others at risk but are also in violation of RI law. The RI State police and local police departments such as the Providence PD cannot be everywhere and cannot see everything. So if you have been the victim of a pedestrian motor vehicle accident it is imperative that you have a strong and knowledgeable legal representation to protect your legal rights and ensure you are properly compensated.

Pedestrian hit by a car in RI

Pedestrian motor vehicle accidents can causes serious injury or could even be fatal. You could experience trauma from physical injuries but could also suffer severe emotional distress from a near deadly crash. If your RI pedestrian / car accident was serious and you are looking at months of recovery as well as mountains of medical bills further stress may be induced by possible money problems.

Why should you be expected to pay for the mistakes of others, especially when you have already most likely paid a worse price in terms of physical injury? Having a good Rhode Island personal injury lawyer will relieve you of the burdens that come with obtaining a RI car accident judgment in a lawsuit. A Rhode Island Personal injury Attorney will ensure your rights are upheld and that any settlement reached is in your best interest.

 Rhode Island pedestrian accident

If you have been involved in a Rhode Island pedestrian accident, it is paramount that any injuries are properly diagnosed and documented by a doctor. If you did not leave the scene of your accident in an ambulance, make sure to see your primary care physician immediately not only for your health but to ensure everything is documented by an expert. Next be sure to talk to a RI Car Accident attorney before filing any type of paperwork.

If you are a family member of a person who was killed in a pedestrian – auto accident then it is crucial that you seek out a Rhode Island Wrongful Death Attorney. This Providence or East Providence Injury Lawyer should have substantial experience in personal injury law in RI as well as experience representing bicycle accident and pedestrian crash victims.

A good personal injury lawyer in Providence

Insurance companies are a business and as such they are constantly thinking about the bottom line. This mode of thinking often victimizes those who have been injured in Rhode Island crosswalk accident. Insurance companies in RI often offer inappropriate compensation to pedestrian accident victims. Good personal injury lawyers will not only handle the claim paperwork and coordination but they will keep your insurance company honest and your legal interests protected. If you or someone you know have been involved in a pedestrian accident in a crosswalk in RI, make sure to protect your rights and hire a negligence lawyer.

Legal Notice per Rules of Professional Responsibility: The RI Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

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Rhode Island Boat Accident Lawyer | Types of Boating Accidents

Boating accidents in Rhode Island
RI boat accident lawyer

Surprisingly, a large percent of recreational and commercial boating accidents occur on or near land or on a dock.  There are literally hundreds of different boating related mishaps that could occur on land. These range from motor boats becoming unhinged and crashing into cars on the highway to a slip and fall in the living quarters of the sailboat. Boating tort claim can include workers compensation claims for commercial fishermen injured while unloading lobsters or other fish from their vessel.

Rhode Island boat accident lawyer

If you are involved in a sailboat, motorboat or personal watercraft accident in Rhode Island it is imperative that you contact a Rhode Island Boat Accident attorney. Accidents on or near boats can happen anywhere from a harbor, river, lake, pond, ocean or the open sea. A boating related accident on land includes a slip and fall on a dock or a fall on a slippery boat ramp. Even an improperly secured docked dinghy could crash into a motorboat or houseboat as a result of a storm or blustery wind. An East Providence Personal Injury Attorney or RI Slip and fall lawyer can help you navigate through a boat related premises liability claim.

Fatal Boating Accident

Sadly many personal water craft, jets ski and motorboat accidents result from careless and negligent operation. Some of these boating mishaps are fatal leading to wrongful death litigation in Providence or Newport Superior Court. “In 2011, the Coast Guard counted 4588 accidents that involved 758 deaths, 3081 injuries and approximately $52 million dollars of damage to property as a result of recreational boating accidents.” Safe boating 

Interestingly, there is a major correlation between operator safety preparedness and instruction and deadly boating collisions.  “Only eleven percent of deaths occurred on boats where the operator had received boating safety instruction. Only seven percent of deaths occurred on vessels where the operator had received boating safety instruction from a NASBLA-approved course provider.” Safe Boating In Rhode Island, a Barrington RI teenager was operating a motorboat recklessly and he killed his friend who was knee boarding.

Drunk Driving and Drugged Driving Boating Crash

Ominously, another notable deadly boat crash in RI happened at ‘Despair Island’.  In that crash, five friends went on a joyride after a night of drinking alcohol and partying.  The boaters borrowed a boat. They later crashed into a bunch of rocks that is commonly known as despair island in the community.  The operator was accused of drinking and reckless boating. Examiner

Throttle stuck open

The Providence Journal reported “”Just before 2 a.m., they were back in the boat with no spotlight, no GPS, no radar and no charts, and no way to see what they were heading for, environmental police officer Jennifer Ogren told a District Court judge on Wednesday. When the boat hit the rocks of small Despair Island, Ogren said, the impact punched it 106 feet across the island and landed upside down. Investigators, according to a DEM affidavit, later found the throttle stuck open and the speedometer needle frozen at 39 mph. The speed limit for nighttime boating, Ogren said, is 25.”

RI boat accident attorney

The boating accident operator was charged with operating a watercraft under the influence, death resulting as well as other charges. Boating accident claims are usually associated with sailboats and motorboats but run the whole gamut from Catamaran accidents to canoe accidents. Also included are barge, Dinghy, Row Boat, Kayak, Fishing boat, catamaran, ferry and raft collisions. Distracted boat accidents: Distracted driving is not just limited to car accidents. There are also many reported incidents of texting and power boat operation as well as distraction from horseplay.

These inexperienced boaters often have no idea what to do when other watercraft is approaching. This can lead to a very serious and deadly boat accident in Newport, Bristol, Tiverton or East Greenwich

Boating accidents on rivers, at sea, in lakes and on any open water in Rhode Island occur mainly because boaters underestimate the hazards of operating their watercraft or not following nautical safety laws. Many individuals piloting yachts, boats or personal watercraft operate the vessel without any comprehension of its operating characteristics

Boat accident stats

Statistics maintained by the U.S. Coast Guard indicates that there were more than 4000 boating accidents in 2011 nationwide, which resulted in more than 3100 injuries and almost 700 deaths. Three out of four deaths associated with these accidents were the result of drowning, where 80 percent of the drowning victims were found without life jackets. The extensive boat accident-related property damage totaled more than $35 million.

If involved and injured in a boat wreck or boating related accident in RI then contact boat accident attorneys in Rhode Island or a Providence Personal injury Lawyer / RI Personal Injury attorney.

Common Accident Causes In Newport, Bristol, East Greenwich and Narragansett RI

The high rate of boating accidents in RI often involves one or more of the three most common causes that include:

• Inexperience – Many boat operators lack adequate training or the much-needed experience to operate their water vessel or motor boat safely.

• Excessive Speed – While it is fun to enjoy the open water and freedom from speed limits, traveling too fast can cause the vessel to overturn or crash into other objects or watercraft.

• Reckless Boating – Reckless driving or “showboating” is a serious problem when the boater chooses to demonstrate their abilities of piloting the vessel. At any point, reckless boating in Rhode Island can cause the vessel to overturn, take on water and sink.

• Inattention – Rhode Island Boaters enjoy the open water as a way to relieve stress, relax and spend time with family and friends. However, vessel operators face limitless distractions causing inattention. Many RI, Newport, Barrington and Bristol boat accidents occur because of a lack of safety concerns or not focusing on channel markers or other vessels on the water.

• Intoxication – Operating a water vessel in Rhode Iland while intoxicated is just as dangerous as drunk driving on the nation’s highways and streets. Alcohol, drugs and other recreational substances can easily impair the boater’s focus, judgment, abilities and reaction time. Piloting the watercraft , sail boat or motor boat while impaired can create dangerous circumstances on the open water and increase the risk for an accident to occur.

• Maintenance Issues – Leaky boats, malfunctioning engines and defective parts can create life-threatening problems while on the water. Many boat maintenance issues can place the lives of boaters and passengers at great risk.

• Adverse Weather – Choppy waters, lightning, high winds and numerous water conditions can place the lives of boaters and passengers in great peril. If the boater is inexperienced or intoxicated, the boat can easily be lost even in shallow waters.

Avoiding a Boat Accident in Rhode Island

There are many effective tips for reducing the potential risk of being involved in a boating accident in RI. This includes staying sober, checking the weather forecast, not overloading the vessel, maintaining flotation devices for every passenger on board and completing a boating safety course.

In addition, the vessel should be inspected from stem to stern each time it heads out on open waters. A functioning fire extinguisher must be easily accessible on deck. Safety precautions concerning the propeller should be taken, especially when young children are in the water or on board.

Hiring a RI Boat accident Attorney

Rhode Island Boat operators are required to exercise the highest level of care to ensure all passengers and others on the waterway remain safe. Any individual injured from the reckless or negligent actions of boat operators might be entitled to receive financial compensation. This is because the negligent party responsible for the accident can be held legally liable for all monetary damages including medical expenses, lost wages, property damage along with non-economic losses including emotional trauma, pain and suffering. However, these types of cases are complex and often require the skills of an experienced Rhode Island personal injury attorney who specializes in boating accidents.

A Rhode Island boat accident lawyer or a RI boating accident attorney can help you get the most compensation for your RI boat mishap or Rhode Island boating collision. USCG

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Rhode Island Motorcycle Accident Lawyer| Slepkow Law

If you have been involved in a Rhode Island motorcycle accident and are seeking to recover damages because your injuries were the fault of another driver? A RI motorcycle injury lawyer with a comprehensive understanding of motorcycle tort accident law in Rhode Island can help. But exactly how do you find the best motorcycle injury attorney in Providence to ensure that you receive adequate recompense for your injuries, damages and losses? How much will the bike crash attorney cost and how much can you expect in compensation?

Rhode Island motorcycle accident lawyer

Rhode Island motorcycle accident lawyer

The injuries you suffer and the damages you have endured, it probably left you with extensive medical bills, pain, suffering and financial losses because of time away from work. Naturally, you are seeking the best injury lawyer you can find. In addition to receiving compensation for your expenses and time away from work, you are also likely entitled to rental reimbursement, replacement or repair of your damage motorcycle and recovery of any future losses directly associated with your injuries. Many people are seeking information on google about: “Motorcycle accident ri.”

Seasoned Experienced Rhode Island Motorcycle accident Attorneys

Because of common motorcycle rider stereotypes, most motorcycle accidents must be handled differently than a typical vehicle accident or car crash case. Movies and TV shows often show bikers as aggressive riders who are indifferent to the law and rules of the road. Pigeonholing all Rhode Island motorcycle riders as dark characters is often disadvantageous to the victim whose accident was caused through the reckless or careless actions of an automobile motorist not paying attention on the roadway.

Motorcycle accident ri

Additionally, claims adjusters working for insurance carriers of defendants in motorcycle injury accident cases in Rhode Island often attempt to divert responsibility away from their policyholder in an effort to blame the victim. In many incidences, the insurance company will deny or delay compensation. Without legal representation by a seasoned experienced attorney, you might be forced to accept an unfair low settlement.

Traits of a Good lawyer

The most common traits of a good attorney who specializes in motorcycle injury accidents include:

• Extensive Experience – The state’s tort laws concerning vehicle accidents are complex. Attorneys with extensive experience in personal injury claims involving motorcycles can provide aggressive representation because of the solid relationships they have built with opposing counsel, judges, paralegals and others who perform services in the civil court system.

• Access to Resources – A good attorney with a solid reputation will have extensive access to various resources including investigators to reconstruct the scene of the accident, expert professionals to provide testimony at trial and paralegals to ensure that all necessary paperwork is filed with the court system before the expiration of the statute of limitations concerning your case.

• Successful Negotiating Skills – The majority of personal injury cases in Rhode Island such as truck collisions , car accidents and suv crashes are settled out of court. Because of that, your RI Injury attorney must have successful negotiating skills to ensure you receive fair compensation for the injuries, damages and losses you have sustained.

• Solid Trial Experience – In some Providence motorcycle accident cases, insurance carriers and claims adjusters are unwilling to negotiate a fair settlement, forcing the victim to take their case to trial. The Rhode island personal injury attorney or Rhode Island motorcycle accident attorney you hire must have solid trial experience to build your case and present the evidence required for a successful outcome.

How Much You Will Receive as a result of the Ri motorcycle accident?

All personal injury cases involving motorcycle accidents with injuries are different. The amount of settlement or jury award you will receive is based on varying factors. Typically, the amount of compensation is determined by the extent and permanency of your injuries, the financial compensation you need to ensure your full recovery or manage daily health and hygiene assistance. In addition, the value of your lawsuit or claim will be based on the amount of funds you have lost from time away from work and your capacity to continue working in your job in the future.

Hiring a skilled personal injury attorney can be extremely beneficial to your case. Your Rhode Island motorcycle accident lawyer can make sure the insurance company, claims adjuster or defendant does not attempt to take advantage of you or provide you a level of inadequate compensation for your injuries. Most of these cases are accepted on contingency, so there is no need to pay for any legal fees up front.