Common Questions About Personal Injury Cases

What is personal injury?

The term “personal injury” is a broad one that encompasses any kind of accident or occurrence that leads to an injury of the body or mind. It is also an area of law designed to protect and compensate those harmed by the negligence, recklessness, malpractice, or inaction of others. Examples include:

• Auto Accidents
• Construction accidents
• Medical malpractice
• Motorcycle accidents
• Nursing home abuse
• Products liability
• Slip and fall accidents
• Toxic substances
• Truck accidents
• Workplace accidents
• Wrongful death

What is negligence?

We all have an obligation to be careful in our actions to avoid harming ourselves and those around us. When a person’s carelessness causes injury to another, they are said to have been negligent. Simply put, negligence under the law is the failure to use reasonable care that other reasonable people would use under the same circumstances. To be successful in a negligence claim, an injured person must prove that he was owed a legal duty by the person who caused the harm (the defendant) and that the defendant’s breach of the duty caused the injury. If the injury would not have occurred without the breach of that duty, then the defendant is liable for the damage caused by the breach. The injured person must also prove the amount of his or her damages.

Is there any other basis for personal injury liability besides negligence?

Yes. Some individuals or companies may be held “strictly liable” for certain activities that harm others, even if they did not act negligently or maliciously. For example, a person injured by a defective product can recover compensation from the manufacturer or seller of the product without showing that the manufacturer or seller was negligent. In limited instances, civil personal injury lawsuits can be pursued in addition to criminal charges under the principle of an intentional wrong, also known as an “intentional tort.” An experienced personal injury lawyer should be consulted to determine which theory of liability applies to the facts of a particular case.

How soon after I am injured should I file a lawsuit?

If you have been a victim of a personal injury accident, you have a limited amount of time to file a claim. This time period, known as a statute of limitations, varies from claim to claim and from state to state. All jurisdictions allow victims at least one year from the date of injury or the date the personal injury was discovered to file a lawsuit. In Rhode Island, the statute of limitations is typically three years for a negligence action. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

Do I have a personal injury case?

You were in an accident — perhaps a car accident, construction accident, or a slip and fall accident. You were injured. While you may feel that another person is responsible for your accident and injuries, you may not be sure if you have a personal injury case.

Factors of a Personal Injury Case

Four factors must exist for you to have a case: you must have suffered an injury, your injury must be the fault of another person, there must be a source of financial recovery, and your claim must not be too old.

1. Do you have an injury? You must have an injury that a medical professional can document. It is not enough to say that your back hurts or you have a headache. Your injury must be diagnosed, treated, and formally documented by a medical professional. In other words, you must show you are not pretending to be injured.
2. Was the accident another person’s fault? Your injury cannot be purely due to your negligence. For example, if you are walking down the street texting and accidentally walk into a telephone pole, ending up with a huge gash on your forehead, only you are at fault.

As Rhode Island is a comparative negligence state, for you to recover damages in a personal injury lawsuit, another person must have been at least partially at fault. Even if you were 99% at fault and another person 1%, it is possible for you to recover damages. However, your damage award will be reduced by the amount of your fault compared to the fault of the other person.

3. Is there a source of recovery? To have a claim, there must be a source of recovery to pay any damages you are awarded should you prevail. Typically, the money will come from auto insurance, homeowner’s insurance, malpractice insurance, or business insurance.
4. Have you waited too long? Your accident must have occurred within the past three years. With a few exceptions, the statute of limitations for personal injury cases in Rhode Island is three years from the date of the injury. If you fail to bring your claim within that time period, your case will be considered stale, and you will be forever barred from bringing your claim. This is true even if evidence overwhelmingly points to someone else as the cause of your injuries.

Factors in Establishing the Value of Your Claim

Once it is established that you do have a claim, you may wonder how much your claim is worth. While it is hard to assess the amount of damages to expect, factors that will impact a personal injury damage award include:

1. Seriousness of Injury. In any personal injury case, the successful plaintiff will be awarded compensation to cover past and, in some cases, future medical expenses. The more severe the injury, the more you will be awarded for medical expenses.
2. Your Job. Another common component of a damage award is lost wages. The higher your income was at the time of the injury, the higher your damage award for lost wages. If you cannot continue working at the same type of job earning the same money, you may also receive compensation for loss of earning capacity.
3. Type of Injury. Some injuries are particularly painful, incapacitating, or disfiguring such that you may be awarded a significant sum for pain and suffering. For example, if your injury results in a limb being amputated or a permanent scar on your face, you will likely receive more for pain and suffering than if you broke your arm.
4. Shocking Behavior. Your total award may also include punitive damages. Punitive damages are occasionally awarded in cases where the defendant’s actions that caused the victim’s injuries were so shocking, so egregious that the court feels that the defendant needs to be “punished.” An example of egregious or shocking behavior is drunk driving.
5. Source of recovery. The amount of insurance or other resources available will impact the award amount. If the pockets are deep, the award is likely to be higher. If an employee of a local superstore is negligent, causing you to be injured, you could sue that minimum wage employee. However, it would be more lucrative to sue the superstore as you could recover more money.

We Can Help You Decide

Do you think you might have a valid personal injury claim? The Providence, Rhode Island law firm of Gemma Law Associates, Inc., will thoroughly evaluate your case and provide you with all your legal options. Contact Gemma Law Associates, Inc., today at 855-631-1448.

What are actual damages?

Damages that cover all financial expenses and all ailments associated with the personal injury are known as actual or compensatory damages. Actual damages refer to the amount of money it would take to fully compensate you and place you in the same position you would have been in had the injury never happened. This includes:

• Earning capacity impairment
• Emotional distress
• Loss of profits
• Lost wages
• Medical bills
• Mental impairment
• Pain and suffering
• Permanent disability

What are punitive damages?

Punitive damages are awarded to a plaintiff in a personal injury lawsuit when the defendant’s conduct has been especially reckless or egregious. Punitive damages are awarded separately and in addition to compensatory damages. They are intended as a punishment for the defendant and a deterrent to others who might engage in similar actions.

Will I be able to recover compensation if I was partly at fault?

Many factors go into determining the value of a case, including who was at fault for the accident, the extent of the damages, and the amount of insurance held by the defendant. In personal injury lawsuits, a settlement may be made if an agreement about the case’s worth can be reached with the insurance company. If not, the case must be presented to the trial court to determine its value. Considerable compensation may be obtained if your injuries are severe, permanent, require extensive medical treatment, and cause absences from work.

What is my personal injury lawsuit worth?

Many factors go into determining the value of a case, including who was at fault for the accident, the extent of the damages, and the amount of insurance held by the defendant. In personal injury lawsuits, a settlement may be made if an agreement about the case’s worth can be reached with the insurance company. If not, the case must be presented to the trial court to determine its value. Considerable compensation may be obtained if your injuries are severe, permanent, require extensive medical treatment, and cause absences from work.

Should I deal directly with the insurance company?

Insurance companies may not give you a fair assessment of the value of your case. As businesses, insurance companies collect as many premiums as possible and pay out as few claims as possible. An attorney’s expertise is particularly vital for accident victims when an insurance company is trying to settle the case.

Do I have a personal injury case?

You were in an accident – perhaps a car accident, construction accident, or a slip and fall accident. You were injured. While you may feel that another person is responsible for your accident and injuries, you may not be sure if you have a personal injury case. There are four factors that must exist for you to have a case: you must have suffered an injury, your injury must be the fault of another person, there must be a source of financial recovery, and your claim must not be too old. For the opinion of a qualified and experienced legal team, turn to the Rhode Island law firm of Gemma Law Associates, Inc. We will thoroughly evaluate your case and develop the most effective strategy to help you obtain the compensation to which you are entitled. We represent clients throughout the state of Rhode Island, including Providence, Newport, Pawtucket, Bristol, Woonsocket, and Warwick. For immediate legal assistance in Providence or throughout Rhode Island, contact Gemma Law Associates today at 855-631-1448.

1. Do you have an injury? You must have an injury that can be documented by a medical professional. It is not enough to say that your back hurts or you have a headache. Your injury must be diagnosed, treated, and formally documented by a medical professional. In other words, you must show you are not pretending to be injured.
2. Was the accident another person’s fault? Your injury cannot be purely due to your negligence. For example, if you are walking down the street texting and accidentally walk into a telephone pole, ending up with a huge gash on your forehead, only you are at fault. As Rhode Island is a pure comparative negligence state, for you to recover damages in a personal injury lawsuit, another person must have been at least partially at fault. Even if you were 99% at fault and another person 1%, it is possible for you to recover damages. However, your damage award will be reduced by the amount of your fault compared to the fault of the other person.
3. Is there a source of recovery? To have a claim, there must be a source of recovery to pay any damages you are awarded should you prevail. Typically, the money will come from auto insurance, homeowner’s insurance, malpractice insurance, or business insurance.
4. Have you waited too long? Your accident must have occurred within the past three years. With a few exceptions, the statute of limitations for personal injury cases in Rhode Island is three years from the date of the injury. If you fail to bring your claim within that period, your case will be considered stale, and you will be forever barred from bringing your claim. This is so even if evidence overwhelmingly points to someone else as the cause of your injuries.

Once it is established that you have a claim, you may wonder how much your claim is worth. While it is hard to assess the amount of damages to expect, factors that will impact a personal injury damage award include:

1. Seriousness of Injury. In any personal injury case, the successful plaintiff will be awarded compensation to cover past and, in some cases, future medical expenses. The more severe the injury, the more you will be awarded for medical expenses.
2. Your Job. Another common component of a damage award is lost wages. The higher your income was at the time of the injury, the higher your damage award for lost wages. If you cannot continue working at the same type of job earning the same money, you may also receive compensation for loss of earning capacity.
3. Type of Injury. Some injuries are particularly painful, incapacitating, or disfiguring such that you may be awarded a significant sum for pain and suffering. For example, if your injury results in a limb being amputated or a permanent scar on your face, you will likely receive more for pain and suffering than if you broke your arm.
4. Shocking Behavior. Your total award may also include punitive damages. Punitive damages are occasionally awarded in cases where the defendant’s actions that caused the victim’s injuries were so shocking, so egregious that the court feels that the defendant needs to be “punished.” An example of egregious or shocking behavior is drunk driving.
5. Source of recovery. The amount of insurance or other resources available will impact the award amount. If the pockets are deep, the award is likely to be higher. If an employee of a local superstore is negligent, causing you to be injured. While you could sue that minimum wage employee, it would be more lucrative to sue the superstore as you could recover more money.

We Can Help You Decide

Do you think you might have a valid personal injury claim? The Providence, Rhode Island law firm of Gemma Law Associates, Inc., will thoroughly evaluate your case and provide you with all your legal options. Contact Gemma Law Associates, Inc., today at 855-631-1448.

Do you need a lawyer?

If you’ve suffered a serious injury caused by another person, the answer is usually yes. Your interests in any legal engagement are better protected when represented by a lawyer, but this is particularly true of cases involving personal injury. Insurance companies would prefer to deal with you directly and settle quickly, but that arrangement places all the legal expertise on one side — the other side.

Know Your Legal Options

Before you sign anything from an insurance company, turn to the Rhode Island law firm of Gemma Law Associates, Inc. We will thoroughly evaluate your case, provide you with all your legal options, and pursue the most effective strategy to help you obtain the compensation you deserve. We represent clients throughout Rhode Island, including Newport, Woonsocket, Providence, Cranston, Bristol, Pawtucket, and Warwick.

As the injured party, you will fare better in your dealings with the other party’s lawyer and insurance company by having legal representation of your own. In cases where the other party settles or is found by court verdict to be responsible for your injury, any legal expenses you incur usually will be paid by the other party.

Why You Need an Experienced Personal Injury Lawyer

Not all lawyers and law firms are the same; those with less experience and expertise will generally get lesser results. Choose a lawyer from an experienced and well-respected law firm with expertise in personal injury cases. Look for a lawyer who has extensive courtroom experience in trying personal injury cases and a strong record of winning. Less than 25 percent of personal injury cases go to trial. Still, a lawyer’s reputation for courtroom success will be influential as insurance companies weigh whether to settle or fight your compensation claim.

It’s About When You Need a Lawyer, Not If You Do

The real question about choosing a lawyer isn’t whether it’s when. Ideally, you should obtain a lawyer immediately after your injury. If you’ve delayed, wait no more. A state’s statute of limitations could eliminate your right to file a case, and passing the time can erase key evidence and make it hard to find witnesses.

For immediate legal assistance in Providence or throughout Rhode Island, call Gemma Law Associates toll-free or use our online form.

How much is your case worth?

The value of your personal injury claim amount depends on many variables. On this page, you’ll find factors that can help you evaluate your case.

For the opinion of a qualified and experienced legal team, turn to the Rhode Island law firm of Gemma Law Associates, Inc. We will thoroughly evaluate your case, provide you with all your legal options, and pursue the most effective strategy to help you obtain the compensation you deserve. We represent clients throughout Rhode Island, including Providence, Newport, Woonsocket, Bristol, Cranston, Pawtucket, and Warwick.

For immediate legal assistance in Providence or throughout Rhode Island, call us toll-free or contact us via our online form.

What is my case worth?

The short answer is that no one knows at the outset of your case. It depends on multiple factors. An experienced personal injury lawyer can tell you whether your case is strong or weak and whether it is best to settle or press for a court verdict. Beyond that initial assessment, the factors that affect the worth of a personal injury case include:

• The extent and duration of your injury. Compensation can be affected by whether you can heal and recover from your injury or whether you will suffer permanent disability.
• Your medical costs, current and anticipated, plus lost wages and other financial losses.
• The extent of your pain and suffering.
• The amount of insurance involved and the extent of the other party’s assets.
• The extent, if any, to which you were responsible for your injury.
• Your ability to prove the other party’s liability in causing your injury.
• Whether a jury also awards you punitive damages to punish the other party and send a message to others who might engage in similar actions or conduct.

In assessing your case, the immediate issue isn’t the case’s worth but its strength. A case with the potential for a large amount of compensation isn’t worth anything if the plaintiff recovers nothing in court. A case in which compensation may be modest is still worth pursuing if the other party’s responsibility can be established.

The strength of your case is affected by the strength of the law firm you choose. Personal injury lawyers with deep experience will collect and organize evidence and witness statements, assess the current and potential costs of your injury, investigate the other party’s liability, negotiate with insurance companies, and, if necessary, present your case to a jury. These steps ensure that injured plaintiffs get the compensation they are due.

If you’ve suffered from a serious personal injury and want to know whether you have a valid legal claim, contact Gemma Law Associates toll-free or submit an online contact form. We’ve been helping clients in Rhode Island for nearly five decades – and we can help you.

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Serving the Greater Providence metro area, including Warwick, Cranston, Pawtucket, North Providence, South Kingston, Coventry, Cumberland, Woonsocket, and East Providence.