Fairlawn Personal Injury Lawyer

the incident that caused your injuries was purely accidental. However, upon further investigation, you may be surprised to discover that someone else’s recklessness was the direct or indirect cause of the injuries you suffered.

In the meantime, you will likely have excessive medical bills, trouble paying monthly expenses if you are out of work, and struggle to cope with the emotional trauma of the accident. Find out whether you have the right to pursue a legal claim when you contact a highly experienced Fairlawn personal injury lawyer from Gemma Law. You can request a 100% free consultation today and get the legal support and advice you need when you need it most.

The Elements of Negligence

The type of injury you were diagnosed with, or the accident you were involved in does not determine whether you can move forward with a lawsuit. Your claim against the at-fault party can only be successful if your personal injury attorney in Fairlawn can prove the elements of negligence apply as detailed in 08-99S Corkum v. Ng in your case. The evidence must demonstrate that:

• The defendant owed you a duty of care
• They breached that duty of care
• This was the cause of your injuries or accident
• You suffered serious injuries or damages

Too many injury victims worry that their injuries are not “severe enough” to take legal action. However, if someone else is even remotely responsible for causing your injuries, you should not be forced to absorb the consequences alone. With help from a dedicated personal injury attorney at Gemma Law, you can make the liable party pay.

For a free legal consultation with a Personal Injury lawyer serving FairlawnCall 401.467.2300

We Are Ready to Demand Total Compensation

There are multiple ways you may be able to demand compensation for your losses, whether you were injured in a slip and fall, car accident, construction accident, or were a victim of medical malpractice. In many cases, liable parties will have insurance coverage to protect them. However, those who do not have any coverage or enough coverage to meet your needs may be held liable in civil court, where you can demand reimbursement for:

• Medical expenses
• Diminished quality of life
• Loss of employee benefits and services
• Pain and suffering
• Personal property losses
• Loss of enjoyment of life
• Loss of household services
• Mental anguish
• Future healthcare expenses
• Disfigurement
• Shame and fear
• Embarrassment and indignity
• Inconvenience

These are just a few examples of potentially recoverable compensatory damages. Some of these damages may be covered by the liable party’s insurance company. But if there are any remaining damages or the insurance company does not compensate you for the total value of a specific type of covered loss, filing a personal injury lawsuit may be in your best interests.

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Here Is How the Personal Injury Claims Process Works

If you are feeling intimidated by the thought of going to trial, you are not alone. After everything you have been through, taking legal action can seem like a nightmare. Understanding how the claims process unfolds can help you feel more confident in your decision to pursue your case. Here is a general rundown of how personal injury claims in Fairlawn work:

• You hire a legal advocate to represent you
• We begin investigating the cause of the accident
• We collect compelling evidence to support your claim
• We determine who is at fault
• We consider whether you have the right to file a claim with the insurance company
• We prepare necessary claim filings and negotiate with insurance adjusters
• We prepare to bring your case to trial
• We go through discovery with the defendant and their legal representative
• We then advocate for total compensation before the judge and jury

In some cases, we do not need to go to trial. If the liable party has sufficient insurance coverage in place, a settlement from the insurance company may be enough to cover the total value of your losses. However, if going to court is the only way to recoup your damages in full, we are prepared to demand fair compensation at trial.

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Fairlawn Personal Injury FAQ

What Are Contingency Agreements?

A contingency agreement makes it possible for injury victims to hire a lawyer without paying an hourly rate or putting a retainer down per Rule 1.5 – Fees., R.I. Sup. Ct. R. 1.5. When you work with a Fairlawn personal injury lawyer on contingency, you do not pay for their services unless they win. This means attorney’s fees will only be paid if your lawyer produces a financial recovery.

What Is the Burden of Proof in a Personal Injury Case?

When pursuing a personal injury settlement through a civil claim, the burden of proof is based on a preponderance of the evidence as described in 09-340M FV Erin Renee v. Promet Marine Services Corp. While liability does not need to be proven beyond a reasonable doubt, the way guilt needs to be proven beyond a reasonable doubt in criminal court, the evidence must be clear and convincing. As long as the evidence demonstrates the defendant is more than likely at fault for causing your injuries, the jury will need to return a verdict in your favor.

Will I Be Awarded Punitive Damages?

It depends on whether the defendant’s actions were grossly negligent or intentional. If the person or party who caused your injuries had a history of engaging in similar conduct, a reprehensible decision, or was trying to cause injuries, punitive damages may be appropriate as described by General Laws of Rhode Island §10-7-7.1. However, we never encourage our clients to expect punitive damages since they are awarded so rarely.

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Consult a Dedicated Fairlawn Personal Injury Attorney Today

The catastrophic nature of your injuries may make it impossible for you to get back to your life after a serious accident. The liable party should not get away with their negligence or misconduct. They should be compelled to compensate you for your damages in full so you can return to some sense of normalcy.

Unfortunately, at-fault parties often refuse to take responsibility for their actions. They need to be compelled to do so in civil court. Reach out to a high-powered Fairlawn personal injury lawyer from Gemma Law today and request a no-cost, risk-free consultation via our contact form or by phone so we can put our 50+ years of experience to work for you and your family.

Call or text 401.467.2300 or complete a Free Case Evaluation form