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If you suffer a personal injury due to someone else’s negligence, you may be able to hold the at-fault party accountable. To do so, you may want to consult with a personal injury lawyer in Cranston. Then, you can explore your legal options and figure out if now is the ideal time to submit a claim for damages.
As you consider what to do next, consult with the legal team at Gemma Law Associates, Inc. Our Cranston personal injury lawyer may be able to help you seek the most damages possible. To learn more, reach out to us.
Personal Injury Definition
If someone causes a personal injury, they inflict bodily harm. This type of injury varies in terms of severity. It may happen for many reasons, such as:
- Car, truck, or motorcycle accident
- Defective product
- Medical malpractice
- Slip and fall accident
- Workplace accident
If someone else causes your injury, they may be liable for your losses. Gemma Law Associates, Inc. is a law firm that takes the guesswork out of injury claims. Contact us today to discuss your case with our Cranston personal injury attorney.
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Who Is Responsible for a Personal Injury
Every injury case is different. The at-fault party in your injury claim depends on the facts surrounding your case. Defendants commonly named in injury lawsuits include:
- Car and truck drivers
- Business operators
- Government entities
- Healthcare professionals
- Property owners
To prove fault, you must meet the burden of proof. A personal injury attorney in Cranston may help you gather medical records and other evidence to support your claim. They may also help you build an argument to prove an at-fault party was negligent.
Cranston Personal Injury Lawyer Near Me 401.467.2300
When to File an Injury Claim
Based on Rhode Island General Laws §9-1-14, you may have up to three years to seek compensation from anyone who is responsible for your injury. For example, you may buy a product that proves to be faulty and causes you to suffer an injury. In this situation, if you do not file your claim within three years of the date of your injury, you may be solely responsible for all of the losses associated with it.
You may pursue economic and non-economic damages relating to an injury. Economic compensation may be provided for your medical bills and other quantifiable losses. Non-economic damages may be awarded for pain, suffering, and other subjective losses.
Filing a claim for compensation does not guarantee you will receive damages. Your attorney may work with you to craft an argument that compels a judge or jury to rule in your favor. Regardless, the defendant in your case may work hard to convince the court to rule against you.
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How an Injury Insurance Claim Works
You may have concerns about how to handle injuries after a car accident or any other incident. It may be beneficial to continue to receive care for your injuries. Along with this, you may want to submit a claim through an at-fault party’s insurance company.
There are times when a liable party’s insurer may cover your injury expenses. As an example, a negligent driver may crash their vehicle into yours, and you may suffer an injury. Since there are minimum Rhode Island car insurance coverage requirements, you may be able to pursue damages from the at-fault motorist’s insurer.
Just because a liable party is covered under insurance does not automatically mean their insurer will pay you damages. An insurance company is more likely to focus on its clients’ best interests over yours. If you partner with an attorney, you can receive legal help with insurance settlement negotiations.
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Personal Injury Cost
You may wonder how to respond to the first personal injury offer you receive. To determine the best course of action, it may be a good idea to evaluate your losses. Your personal injury attorney in Cranston may help you calculate your damages and determine approximately how much your injury costs.
An injury may be expensive. You may require extensive treatments to manage your injury. Each time you receive medical care, the cost of your injury goes up.
Your Cranston personal injury lawyer can account for the immediate and long-term costs of your injury. They can work with you to request damages that will give you enough money to cover your losses. If your attorney succeeds, you will get sufficient compensation to help you recover from your injury.
Comparative Negligence in an Injury Case
To prove negligence in your injury case, you must show an at-fault party was legally responsible for avoiding careless and reckless acts toward you and violated this obligation. Also, you must verify the party’s actions led to your accident and injury and that you are now dealing with damages. In addition, you must show you were in no way at fault since you are subject to Rhode Island’s pure comparative negligence statute.
With comparative negligence, you may be found partly responsible for your injury. If this occurs, you may not be able to get the full damages you initially requested. This means you may have to cover some of your injury-related losses out of your own pocket.
For instance, you may get hurt in an auto accident. A judge or jury may say you were 10% at fault for your collision. At this point, you may receive 90% of the damages you originally requested.
Injury Settlement
If you are offered an injury settlement, it may help to consider how much your case is worth. Your lawyer can evaluate a settlement offer with you. They can provide you with tips and recommendations about how to respond to it.
Your personal injury lawyer in Cranston advocates for you and protects your legal rights. If they feel a settlement offer does not align with your best interests, they will let you know. Your attorney can answer any questions you have about a settlement, and you make the final decision on it.
Accepting a settlement that falls short of what you want may hurt you in the long run. If you are offered a lowball settlement, you will not be penalized if you decline the offer. From here, you and your attorney can continue to develop your argument.
Connect with a Cranston Personal Injury Lawyer
It pays to have a Cranston personal injury attorney at your side who has decades of legal experience. Gemma Law Associates, Inc. can put you in touch with a lawyer who knows the ins and outs of the legal process. To schedule a free consultation, contact us today.
Call or text 401.467.2300 or complete a Free Case Evaluation form
