The road ahead can feel unbearable when life takes an unexpected turn because of a personal injury. You may find yourself with endless medical bills, missed income, and the uncertainty of how to deal with legal difficulties.
During these challenging times, having a Woonsocket personal injury lawyer in your corner can make all the difference.
At Gemma Law, we’ve seen firsthand the devastating impact a personal injury can have on individuals and families. Our team of personal injury lawyers is dedicated to providing the support, guidance, and fierce representation you need to secure the potential compensation you feel you deserve. No outcome is guaranteed but we will do everything in our power to achieve the best outcome.
What You Should Know About Personal Injury Law in Rhode Island
Personal injury law, also called tort law, enables individuals to pursue compensation when they are harmed due to another’s wrongful actions.
In Rhode Island, the claimant (plaintiff) is required to demonstrate that the opposing party (defendant) behaved either negligently or with intent. This conduct must have directly caused the injuries and is known as the burden of proof.
Negligence occurs when a person fails to exercise the level of care that a reasonable person would under similar circumstances. For instance, a driver who runs a red light and causes an accident could be deemed negligent. To establish negligence, it must be shown that the defendant owed a duty of care, breached that duty and the breach led to the injuries sustained.
In some cases, the defendant’s conduct may be considered intentional rather than negligent. Intentional torts involve a deliberate act that causes harm to another person, such as assault or battery.
If you’ve been hurt because of an intentional tort, you may be able to seek compensation for your injuries in addition to any criminal charges the defendant may face.
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Shared or Comparative Fault in Personal Injury Cases
Rhode Island follows a strict comparative negligence rule when it comes to personal injury cases. This means that you may be partially responsible for your own injuries, and your compensation may be reduced by the percentage of the fault that is attributed to you.
For instance, if you are awarded $100,000 in damages but are found to be 20% at fault, your compensation would be reduced to $80,000.
It’s important to note that Rhode Island has a “pure” comparative fault system. This means you can recover damages even if you end up being more than 50% at fault for the incident. However, your compensation will still be reduced by the percentage of your fault.
Insurance companies often try to shift blame onto the injured party to minimize their payout. A personal injury attorney in Woonsocket can help you fight against these tactics. Without knowing how to fight against the tactics, you could lose your chance at an ideal outcome.
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Types of Personal Injury Cases We Handle
Personal injury law covers several types of accidents and incidents that can lead to physical, emotional, and financial harm. Understanding the different types of personal injury cases is important when seeking legal options and compensation for losses. Some of the most common types of personal injury cases are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Medical malpractice
- Premises liability
- Product liability
- Workplace accidents
- Dog bites
- Wrongful death
It’s important to note that personal injury law extends beyond physical harm, as emotional distress and mental anguish can also be grounds for compensation in certain circumstances. When considering a personal injury claim, consult with an attorney who can evaluate the specific details of your case and advise you on the best course of action. Make sure you work with your Woonsocket personal injury attorney to gather evidence to support your claim so you can fight for potential compensation.
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The Statute of Limitations on Personal Injury Cases
In Rhode Island, the statute of limitations for the majority of personal injury cases is three years from the date of the injury. This implies that you have a three-year window from the date of the accident or incident to initiate a lawsuit for compensation for your injuries. Failure to file within this period may result in the inability to seek any compensation.
There are some exceptions to this general rule. For example, if your injury was not immediately apparent or the defendant’s negligence was not discovered later, the statute of limitations may be extended. If the injured party is a minor, the statute of limitations may not begin to run until they reach the age of 18.
You will need to consult with a lawyer as soon as possible after your injury to ensure that you don’t miss any important deadlines. At Gemma Law, we can help you understand your legal rights and options. Our team will guide you through the process of filing a claim or lawsuit.
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How a Personal Injury Lawyer in Woonsocket Can Help
After a personal injury, there can be a whirlwind of emotions like uncertainty and financial strain. As you focus on your physical recovery, the thought of going through the legal system and dealing with insurance companies can be stressful. This is where the guidance and support of a personal injury lawyer can make a world of difference.
A lawyer acts as your advocate, protecting your rights and securing any potential compensation you may get. They have the knowledge and experience to help you through the legalities, ensuring you don’t fall into the trap of insurance company tactics designed to minimize your payout. By handling the legal aspects of your case, your lawyer allows you to focus on what matters most, which is your health.
One of the key advantages of working with a personal injury lawyer is their ability to accurately assess the value of your claim. They take into account not only your current medical expenses and lost wages but also factor in future costs, such as ongoing treatment or the impact of your injuries on your earning potential. With this comprehensive understanding of your damages, your lawyer can negotiate with insurance companies from a position of strength, fighting for a settlement that truly reflects the extent of your losses.
Contact a Woonsocket Personal Injury Attorney
Let Gemma Law fight for your rights and help you potentially secure the outcome that you’re trying to achieve. With someone on your side, it can make a significant difference. Contact us to start with a free consultation to see how and if we can help you.
Call or text 401.467.2300 or complete a Free Case Evaluation form