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RI lawyer : “Filing a Homeowner Liability Claim for Compensation”

Rhode island homeowner insurance policyA homeowner’s insurance policy is a combination of property insurance and liability insurance as a way to cover nearly every kind of accident that could happen at home. As a condition of coverage, the insurance carrier holding the policy is required to provide a legal defense in the event that others sue the homeowner for any injury or fatality occurring on the property. These types of claims may appear to be clear-cut. However, numerous homeowner insurance policy disputes can make things complicated.

Homeowner liability accident claim

In some situations, the insurance carrier will fail to provide a defense to a homeowner facing a third party liability claim. Other times, the insurance company will delay or deny the claim, or offer minimal compensation for any property damage caused by vandalism, theft, sinkhole, wind, fire or other cause.

In many situations, homeowners filing a claim will disagree with the insurance carrier or the worth of damaged or lost property. Disputes are often decided on interpreting the policy and its exclusions. Usually, this requires the skills of a competent attorney who specializes in homeowner liability claims, especially when the insurance company acts in bad faith.

Kinds of Residential Home Accidents in Rhode Island

Common residential home accidents that happen to occupants and visitors in RI include:

• Slip and fall injury
• Drowning and other wrongful death
• Burns and scalds
• Dangerous insect bites
• Poisoning
• Building or remodeling construction injury
• Assault and battery
• Cuts
• Water heater, home appliance, fireplace and furnace injury
• Fire and smoke inhalation
• Choking and suffocation

Filing a Claim against the Homeowner in the Ocean State

While the home is considered a safe haven, it is often a dangerous place. When an occupant or visitor slips and falls in a home in Rhode Island, they can be hospitalized because of a hazardous or hidden condition. Falling off a ladder, drowning in the backyard pool or slipping on an icy entryway can cause death or serious injury. Even the household pet biting a visitor can cause significant harm, which can lead to a homeowner liability claim or lawsuit to cover damages and losses.

While a visitor might be reluctant in filing a claim against the homeowner who is likely a friend, family member or acquaintance, compensation is actually provided through the homeowner’s insurance policy. The claim is brought against the homeowner, but the insurance carrier usually pays the claim. The property owner in Rhode Island (RI) purchased the insurance as a way to protect against any bad event that could happen around the house.

Compensation Challenges in Homeowner’s claims

Filing a claim against the homeowner in Cranston, Warwick, or East Greenwich when injured on their property involves premise liability laws. Filing a claim or lawsuit in Rhode Island can be complex. Because of that, many injured victims will hire a Providence personal injury attorney to handle their premise liability claim. A skilled East Providence premises liability attorney can serve as a legal representative and perform a variety of services including:

• Identify the coverage and limitations on the homeowner’s insurance policy
• File a homeowner’s liability insurance claim for financial recompense
• Determine what type of negligence was involved in the accident or incident
• Negotiate with the claims adjuster for an out-of-court settlement or file a lawsuit to take the case to trial

A trip and fall attorney in RI

The Woonsocket, Pawtucket or Central Falls Slip and Fall lawyer can help determine negligence and the value of the claim. Through legal expertise, a skilled RI trip and fall attorney can maximize the amount of compensation paid from the policy. Allowing the RI negligence lawyer to provide legal services provides the opportunity for the injured party to focus on healing.

Barrington, Bristol and Warren Personal injury law firms accept RI homeowner liability claims and lawsuits on contingency. This means their legal services are paid through a jury award or out-of-court settlement. You can discuss your case with a skilled Providence personal injury attorney in a no obligation, free initial consultation where you will be provided with a variety of legal options to obtain financial compensation.

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Liability of Bars for Serving Intoxicated Patrons Who Cause Wrecks

When restaurants, taverns, bars, bartenders and wait staff serve a patron in Rhode Island who is visibly intoxicated and the customer is later involved in a car accident, the establishment can be held legally liable.

Rhode Island bars liability with intoxicated patrons who cause car accindets

Dram shop- Liability of bars for drunk driving

Their responsibilities are based on “dram shop” laws, which refers to places that serve alcoholic beverages including taverns and bars. These RI laws prohibit the sale of alcohol to any visibly intoxicated individual or minor who then subsequently causes injury or death to another because of an alcohol-related accident.

Bar or nightclub culpability for tragic car crash

Most commonly, dram shop liability where wait staff serves intoxicated patrons will involve a drunk driving accident with an injury or fatality. While these laws specifically outline which parties can be held legally liable at the bar or tavern, proving the case can be very challenging when seeking financial compensation. The victim is required to show how the actions or inaction of the defendant directly correspond to the accident. The victim must prove that the venue serving alcohol knew, or should have known, that the patron was intoxicated.

The Need for a Rhode Island negligence attorney

Proving a claim often requires hiring a skilled Rhode Island personal injury attorney who specializes in dram shop liability claims and lawsuits. The RI accident lawyer will often use a variety of tactics to build a solid case for recompense that often includes:

• Hiring an investigator to determine what bars or taverns the drunk motorist was served alcohol prior to the accident
• Accumulating evidence that the driver at fault for the accident acted intoxicated in front of the bartender or server and was still served alcoholic beverages
• Provide testimony from expert witnesses in the alcohol service industry to demonstrate how restaurants, bars and taverns have a legal requirement to safeguard the public by not serving alcohol to intoxicated patrons

Proving Negligence in a car accident

In addition to showing that the servers continue to supply alcohol to an obviously drunk customer, the victim’s Drunk driving victim auto crash attorney might be able to prove negligence by the wait staff, bartenders and establishment in numerous other ways including:

• Did the food service establishment or bar neglect to follow industry standards by not providing alcohol responsibility training to their managers and servers?
• Did the wait staff fail to inspect the patron’s ID properly to ensure they were serving alcohol to a customer of legal drinking age? (serving alcohol to a minor is criminally illegal and civilly negligent)
• Did the wait staff ignore the patron’s staggering walk or slurred speech prior to serving additional drinks while still allowing the intoxicated individual to drive the vehicle that caused the accident?

Any evidence obtained by the Providence Injury law firm can help strengthen the claim for financial recompense and hold all responsible parties accountable including the drunk driver.

Seeking Compensation in a Pawtucket, Woonsocket or Bristol collision

If you have suffered injuries, or a loved one has been killed in a drunk driving collision with a drunk driver, you likely have the right to file a claim or lawsuit for compensation. It is crucial to hire a Woonsocket personal injury attorney who specializes in dram law cases immediately. In many cases, police records from the accident scene do not always show direct responsibility for the accident. The Warwick auto accident lawyer can gather evidence that might be lost as time passes including obtaining facts about the alcohol level of the drunk driver prior to the accident.

Injuries

In all likelihood, the costs of recovery from your injuries are substantial. You may be suffering severe or serious injuries including TBI (traumatic brain injury), spinal column injury, broken bones, lacerations, burns, disfigurement or amputation. Your attorney can help identify every potential source of financial compensation, including receiving recompense from the commercial business that negligently served alcohol. If your spouse, loved one, family member or brother/ sister was killed in a fatal car accident in RI then it is imperative that you speak with to the customer who later caused your injuries.

 Rhode Island Wrongful death attorney

A Providence fatal car accident / wrongful death lawyer can represent the executor of the estate to obtain compensation of the deadly mishap.

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Fatal High Speed Police Car Chase Lawyers | Slepkow Law

High speed police chase accident in Rhode Island
Rhode Island fatal high speed police chase lawyers

RI high speed police chase lawyer, David Slepkow sets forth a very unique motorcycle, car and motor vehicle crash decision by the United States Supreme Court.  The tort case is COUNTY OF SACRAMENTO et al. v. LEWIS, et al., PERSONAL REPRESENTATIVES OF THE ESTATE OF LEWIS, DECEASED, 523 U.S. 833 (1998), see also,  Cornell 

A Supreme Court tort case

It is rare for the US Supreme Court to weigh in on a tort claim because such negligence car / motorcycle collision wrongful death claims rarely have constitutional implications. However, this negligence decision is actually applicable to Rhode Island car, truck, van and motorcycle accidents involving police chases.

Fatal motor vehicle crash

 If you were injured in an auto accident in Rhode Island and Providence Plantations then it is important that you contact an East Providence automobile accident lawyer. If a loved one, spouse, child or parent died as a result of a fatal motor vehicle crash in Rhode Island then you should seek out one of the best RI wrongful death attorneys. An experienced, Providence wrongful death lawyer will help you get the compensation your family deserves as a result of this deadly, fatal tragedy.

Police chase liability

Police officer’s  in Rhode Island and across the United States, sometimes, get so caught up in the emotions of a high speed auto chase they fail to take into consideration that they are endangering men , woman and children who can be casualties of these reckless decisions. In some cases, it would be prudent for an officer to make a decision that capturing the offending suspect does not warrant the possibility of killing innocent motorists, bystanders, passengers and pedestrians.

High speed pursuits by authorities

In some cases high speed pursuits by authorities are justified when a suspect poses an imminent risk to the public and is fleeing from the police. In the County of Sacremento case there was a very serious motor vehicle accident in Sacramento as a result of a wild, out of control high speed police pursuit. A couple of police officers responded to the scene of a melee. After resolving the brouhaha, the officers proceeded to their police patrol motor vehicle. The officers witnessed a motorcycle speeding down the street towards them. The motorcyclist operating the bike was an 18 year old teen who was carrying a 16 year old passenger. Id. This speeding motorcycle was totally unrelated to the fisticuffs.

High speed  police chase

The patrolmen attempted to stop the motorcycle, but were unable to do so. The officer  “turned on his overhead rotating lights, yelled to the boys to stop, and pulled his patrol car closer to Smith’s, attempting to pen the motorcycle in.” Id. The young man did not stop his motorcycle in response to the officer’s directions.

Pursuit at high speed

According to the United States Supreme Court: “Stapp turned on his overhead rotating lights, yelled to the boys to stop, and pulled his patrol car closer to Smith’s, attempting to pen the motorcycle in. Instead of pulling over in response to Stapp’s warning lights and commands, Willard slowly maneuvered the motorcycle between the two police cars and sped off. Smith immediately switched on his own emergency lights and siren, made a quick turn, and began pursuit at high speed. For 75 seconds over a course of 1.3 miles in a residential neighborhood, the motorcycle wove in and out of oncoming traffic, forcing two cars and a bicycle to swerve off the road. The motorcycle and patrol car reached speeds up to 100 miles an hour, with Smith following at a distance as short as 100 feet; at that speed, his car would have required 650 feet to stop.” Id.

High Speed police chases are often deadly to innocent pedestrians, motorists and civilians

“The chase ended after the motorcycle tipped over as Willard tried a sharp left turn. By the time Smith slammed on his brakes, Willard was out of the way, but Lewis was not. The patrol car skidded into him at 40 miles an hour, propelling him some 70 feet down the road and inflicting massive injuries. Lewis was pronounced dead at the scene.” Id.

Overzealous police officers

Sadly, the passenger of the motorcyclist who may be an innocent victim was killed as a result of overzealous police officers. Should the police have backed off this chase because the chase posed imminent risk to the public, pedestrians and others operating automobiles on the roads and highways.

The issue before the United States Supreme Court “whether a police officer violates the Fourteenth Amendment’s guarantee of substantive due process by causing death through deliberate or reckless indifference to life in a high-speed automobile chase aimed at apprehending a suspected offender.”

High speed dangers

Decision of the United States Supreme Court: “We answer no, and hold that in such circumstances only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation.” Id.  The Court reasoned:  “A police officer deciding whether to give chase must balance on one hand the need to stop a suspect and show that flight from the law is no way to freedom, and, on the other, the highs speed threat to all those within stopping range, be they suspects, their passengers, other drivers, or bystanders.” Id. See:  Campbell v. White, 916 F. 2d 421, 423 (CA7 1990) (“…police officer accidentally struck and killed a fleeing motorcyclist during a high-speed pursuit”) Id. See, e. g., Frye v. Akron, 759 F. Supp. 1320, 1324 (ND Ind. 1991) (“parents of a motorcyclist who was struck and killed by a police car during a high-speed pursuit could sue under substantive due process because no Fourth Amendment seizure took place”) Id.

Evading the police recklessly

Police in Missouri were pursuing a 2008 yellow Suzuki 600 motorcycle driven by a motorcyclist who was evading the police recklessly. The bike was going in a westerly direction when a 1994 Chevrolet Silverado Pickup Truck was turning left. The trucker unknowingly pulled into the path of the offending motorcyclist. Sadly, the biker paid for his transgressions with his life as he was killed in the motor vehicle wreck. The truck sustained heavy damage and the motorcycle was also destroyed.  Info

“Providence, Rhode Island, police say they’re looking for man who got away from officers after a high-speed chase that ended with a crash in Warwick.” NECN 

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RI New Years Eve Drunk Driving Accident Injured Victim Attorney

A New Years Eve car accident attorney authors this article about New Years auto accidents. Car accidents are on the rise in the United States. According to the National Highway Traffic Safety Administration, 36 traffic fatalities occurred every day from 2001 to 2005.

new-years-accident
New years Eve car accident causing injury

However, over the New Years  Eve. holiday those statistics jumped to 54 each day, proving the holiday is the most dangerous time of year to be on the road. The following is an overview of how a Rhode Island personal injury lawyer or a RI auto accident attorney may be able to help if you or someone you love has been injured due to the negligence of a drunk driver.

New Years Eve Drunk Driving Accident Injury Attorney

If you have been injured in a motorcycle accident, car, truck or SUV accident on new years eve caused by an impaired driver, you have the right to file a lawsuit and request compensation for your injuries. This lawsuit is filed in civil court, which is different than the criminal proceedings the driver may face. Below are some types of damages you may be able to receive compensation for in a Rhode Island and Providence Plantations personal injury claim:

• Hospital Costs
• Medical Bills / pain and suffering
• Therapy Fees
• Alternate Transportation Costs
• Vehicle Repair Cost
• Loss Of Income
• Future Lost Income If You Are Permanently Disabled

You may also be entitled to punitive damages from the drunk driver as a result of a new years eve drunk driving accident. Punitive damages are awarded to victims to punish the tortfeasor, so hopefully they won’t drive under the influence of alcohol again.

Punitive damages laws in Rhode Island

“Recently, in Murphy v. United Steelworkers of America, 507 A.2d 1342, 1346 (R.I. 1986), this court emphasized that punitive damages are not awarded as compensation for the plaintiff but in order to punish the offender and to deter future misconduct. Again, we have also emphasized that one seeking punitive damages is required to produce “`evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, that for the good of society and warning to the individual, ought to be punishedd.'” Morin v. Aetna Casualty and Surety Co., 478 A.2d 964, 967 (R.I. 1984).” 533 A.2d 541 (1987) Mary M. ALLEN, et al. v. Robert L. SIMMONS, et al. No. 85-542-Appeal. Supreme Court of Rhode Island. November 23, 1987. 542*542 Raymond A. LaFazia, Netti C. Vogel, Gunning, LaFazia & Gnys, Inc., Providence, for plaintiffs. Paul V. Reynolds, Boyer, Reynolds & DeMarco, Providence, for defendants. OPINION KELLEHER, Justice.

Proving Negligence in a motor vehicle intoxicated and drunk motorist wreck

When someone gets behind the wheel after drinking too much, they are acting in a reckless and negligent manner. This is usually enough to merit a civil settlement for your expenses. However, you must be able to prove that your injuries were caused by the driver in the accident. A Warwick personal injury attorney can speak with your doctors and medical experts to help prove the extent of your injuries.

Social host law

“Under the so-called “social host” law that was enacted in 2006, adults who allow underage drinking parties to be held in their homes can face criminal charges. That law added language to existing statute that enhanced the ability of law enforcement to charge adults who provide alcohol to minors. However, the Barrington incident uncovered a flaw in the new law. Police said that while they proceeded with action against the youths they encountered, they held off from charging the owner of the home because the underage drinking occurred not inside the home, but rather in the yard. Police were advised by the office of the Attorney General that, as a result, charges against the adult homeowners could not be sustained. The legislation approved by the General Assembly – sponsored by Rep. Jan P. Malik (D-Dist. 67, Barrington, Warren) and Sen. Walter S. Felag Jr. (D-Dist. 10, Warren, Bristol, Tiverton) — addresses that issue by extending the reach of the law to make adults liable for underage drinking anywhere on their property, not just within the confines of a house.” Insurance  Journal  https://www.insurancejournal.com/news/east/2008/07/23/92106.htm

  • holiday drunk driving statistics
  • what time of day do most car accidents happen?
  • what day of the year has the most car accidents

How an injury Lawyer can Help

Personal injury laws in Rhode Island regarding drunk driving accidents are complex and the legal process is difficult to navigate. Hiring an experienced Cranston or East Providence personal injury lawyer to guide you through this process will help ease your mind during this difficult time. In addition, it is very important that your expenses and lost wages be calculated correctly so you receive the best settlement possible. Your Barrington, Bristol or Warren RI lawyer has experience making these calculations, increasing your chances of getting the most money for your injuries.

If you have been hurt by a drunk driver, schedule an appointment with a Rhode Island personal injury lawyer for advice. Your RI injury attorney will go over your case and advise you in the best way to move forward. Having an experienced and competent Pawtucket or Woonsocket negligence car collision injury attorney on your side can help make the entire process easier.

https://www.bactrack.com/blogs/expert-center/35042821-the-most-dangerous-times-on-the-road

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Medical Balance Billing Shenanigans Trick Victims

Rhode Island Doctor Balance Billing
Balance billing

If someone goes and sees their doctor because they are sick or they fell over their own feet causing injury, they usually expect to pay their bill via their medical insurance plan. The patient pays the co-payment required by their health insurance plan and the medical insurance pays the remainder. Simple enough!

Unfortunately if you are sick or injured as a result of an accident caused by the negligence of a third party, the unscrupulous and greedy chiropractor, physical therapist or primary care doctor may try to get paid MORE for the SAME MEDICAL CARE!

Balance billing trickery

This does not sound right, does it? This is what is commonly known as balance billing. Sadly, some medical providers hear the words: “car accident”, “slip and fall”, “bicycle crash” or “truck collision” and they see dollar signs.

Medical providers often attempt to trick

The medical providers often attempt to trick, deceive or fail to provide proper information in an attempt to get paid more, while negatively affecting the best interests of their patients. This is particularly borderline unethical because they are in a fiduciary capacity with their patients who rely on them for their medical care. Why should someone pay more for the EXACT same medical care simply because their accident or injury resulted from the fault of a third party?

Physical therapist for medical treatment

Patients who have auto accident claims pay more for  the same service then non negligence related patients! When an accident victim visits their physical therapist for medical treatment for their injury, fracture or whiplash pain as a result of a motor vehicle crash caused by the negligence of another, it is in that person’s best interest that health insurance pay the bill. Under RI law, the health insurance company has an automatic lien against any compensation that the injured victim receives as a result of the mishap. This lien is NOT premised on the actual BILL for the medical services but for THE AMOUNT ACTUALLY PAID based on the negotiated rates that the health insurance company and the provider have agreed to.

Difference between the actual bill and the amount actually paid

Also according to Rhode Island Supreme court precedent, the injured person may obtain a reduction in the lien for the cost of the RI personal Injury attorney’s representation to secure payment of the lien. This is typically 25 percent off the lien. We all know that the amount paid by the health Insurance is a lot less than the actual bill / cost of that medical treatment. When a physician or physical therapist balance bills, they are attempting to receive the difference between the actual bill and the amount actually paid by health insurance companies such as Blue Cross,  Aetna and United Heath.

The shady Lien game perpetrated by medical providers:

Often, the chiropractor or medical facility will require the patients to sign a lien agreeing that if they receive compensation for their injuries as a result of the motorcycle or motor vehicle wreck their attorney will be legally required to pay the balance of the bill. This is why Rhode Island Car Accident Lawyers call this balance billing. The reason that balance billing liens is borderline unethical is because this practice is premised on trickery,  deception and quasi fraud of the medical providers. They hoodwink and strong arm their own patients to get the accident victims to sign these liens.

Lunch money stolen

They also know that the seriously injured person needs the treatment, has no legal experience or knowledge of the personal injury compensation process in RI and is in no position to negotiate or refuse to sign. Often the injured patient has no idea what they are signing or what is going on. The doctor knows that this lien is often signed before the person has retained a good RI personal Injury attorney.

The medical provider’s staff will make the balance billing lien perfunctory and a condition precedent to receipt of the medical care. It goes something like this: ‘Sign the hippa confidentiality form here, sign this authorization there and sign this document here to make sure we get paid and fill out this form”  The client does not realize they, practically, just got pick pocketed and got their lunch money stolen.

The Med Pay sham

Also, in many cases the medical facility will try to strong arm their patients to put treatment through med pay. They will not inform them to consult with their Providence Injury lawyer. Medical provider’s LOVE med pay because they get paid the full bill not the amount the health Insurance pays. The doctor will not inform them of the implications of paying medical treatment through med pay. The treatment provider will sometimes refuse treatment unless the services are put through available med pay. If a person has good health insurance it is never in the best interest of the injured victim to put his or her treatment through the med pay insurance policy! Med pay also has a lien against the injured person’s injury settlement or judgment.

The med pay provider has not negotiated rates with the treatment provider as is done by the health insurance. Therefore, their lien will be similar to balance billing and will be the full price of the medical services. Also med pay policies pursuant to federal law are not required to give a lawyer’s fee reduction!

http://www.taylorkinglaw.com/resources/med-pay-information.html

http://www.dmv.org/insurance/how-to-cover-medical-expenses-through-car-insurance.php

http://www.ehealthinsurance.com/accident-insurance

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Utilizing Experts to get the Best Lucrative Injury Settlement

Rhode Island top accident injury settlements
How to get the highest injury settlement

In many Rhode Island personal injury, negligence and car accident causes of action it is necessary for the Rhode Island personal injury lawyer to work with top experts and engineers. Only an expert with the proper training, education and experience can testify in the process of RI injury claim litigation.

The Providence negligence lawyer need not be an engineer or accident reconstruction expert but must be reasonably well versed in understanding cutting edge technologies and the issues that the engineer must address.

High powered attorneys retain a cadre of experts

More importantly, the RI personal injury lawyer must have a cadre of top engineers at his beck and call in the event he needs crucial testimony at a car, truck, slip and fall or construction accident trial in Providence Superior Court. Wrongful death vehicular accident or premises liability trials (slip and fall) in Rhode Island can be won and lost based on a battle of the experts. It is crucial that you have the best expert possible in your corner.

Utilizing cutting edge technology

The insurance company will also hire good engineers who will try to disprove your theory of the case. Therefore, the premises liability lawyer, semi-truck crash attorney or RI construction accident lawyer must use engineers who utilize a multi-faceted approach using Cutting-edge technology. In some wrongful death cases and catastrophic injury cases an engineer will use 3D imaging to reconstruct the scene of the crash. This can be a game changer at trial as the Jury will have a compelling visual aid to determine liability and damages.

Providence RI law firm

A good Providence RI law firm will have the resources to bring on the best accident investigators and reconstruction experts to get the top dollar injury settlement or judgment on your behalf Engineers and experts are often used in the following types of accident:bus accidents, work related accidents, wrongful death claims in RI (fatal car or motor vehicle accidents), construction accidents, premises liability, train accidents, slip and fall, deadly motor vehicle accidents, as well as semi-truck and tractor trailer / big rig / trucking collisions.

Engineers to win the case!

There are many different types of engineers that may be needed including: electrical engineers, structural engineers civil engineers, mechanical engineers, chemical engineers and other experts. The engineer must be well versed in the applicable state, federal and local safety regulations including OSHA regs.

Malove Henratty, P.A. attorneys in Florida state: “What Is Accident Reconstruction? Vehicular accident reconstruction is the process of investigating, analyzing, and drawing conclusions about the causes and events during a vehicle collision. MaloveHenratty P.A. may hire accident reconstructionists to conduct in-depth collision analysis to identify the contributing factors in different types of collisions, including the role of the driver(s), vehicle(s), roadway, traffic, lighting and the environment. It is essential, if not mandatory, that accident reconstruction be done in cases where death and/or personal injury are involved if evidence is missing or incomplete” Malovelaw 

Utilizing federal OSHA regulations to get the best injury settlement

“Under the OSH Act, employers are responsible for providing a safe and healthful workplace. OSHA’s mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards.” OSHA