Personal Injury

Auto & Motorcycle Accidents

Unfortunately, accidents do happen. When they do occur, however, they are ordinarily the result of someone’s “negligence,” that is, someone does something they should not do, (example: drive too fast) or fail to do something they had a legal duty to do, (example: pay attention). When an accident happens, there can be tremendous disruption of an individual’s life, and there can be mild, moderate or serious physical injury.

Obtaining appropriate legal representation as soon after the accident as possible is important to ensure you are properly compensated. Generally, after an automobile accident, an individual is entitled to recover for:

medical expenses (regardless of whether your own “health insurance” has paid medical bills);
lost wages/earnings capacity (regardless of whether your employer continues to pay wages);
loss of homemaker services;
loss of consortium;
loss of society and companionship; and
past and present pain and suffering.

Call Marasco & Nesselbush after an accident so that we can establish as early as possible whose fault caused the accident. Establishing “fault” as early in the process as possible is important to ensure prompt and full compensation. At Marasco & Nesselbush, we utilize a team of trained investigators to promptly obtain evidence and witness statements to establish fault or “liability.”

Marasco & Nesselbush’s professional and competent attorneys maintain excellent and effective communication with insurance companies and insurance adjusters. Marasco & Nesselbush’s attorneys and support staff maintain excellent communication with our clients. Effective legal and administrative development of your case ensures prompt recovery.

Marasco & Nesselbush skillfully employs negotiation, arbitration, mediation, and litigation to obtain outstanding results for our clients. Do not settle for less. Marasco & Nesselbush will achieve a prompt and equitable settlement of your case. In the overwhelming majority of cases, Marasco & Nesslbush is able to resolve your case and obtain a full and fair settlement for you without you ever having to go to court. We fully consult with our client at each and every stage of the process. Insurance companies understand that unless they offer our clients a fair settlement, we will sue them and bring them to justice in court so that you receive what you deserve. Because of our reputation and willingness to fight for justice, we are generally successful in obtaining excellent settlements for our clients without them ever having to go to court.

Uninsured Motorists

Uninsured Motorist protection refers to insurance coverage which most Rhode Islanders have to protect them in the event they sustain injuries due to the negligence of someone who is driving without insurance. Similarly, most Rhode Island insurance policies have a provision for “uninsured motorist” or “underinsured motorist” protection. “Uninsured motorist” coverage ensures protection if an individual sustains serious injuries and the negligent party does not have sufficient insurance to fairly compensate for those injuries. Fair and complete compensation occurs since the injured innocent party is compensated by his or her own uninsured or underinsured policy.

Uninsured/Underinsured Motorist protection is often available to household members or passengers in a vehicle, whether or not they are a named insured on the policy. In general, Uninsured/Underinsured Motorist coverage protects the person insured, her/his family members, and occupants of the insured person’s vehicle from negligent parties who do not maintain insurance or do not maintain insurance sufficient to compensate injured parties. In addition, Uninsured/Underinsured Motorist coverage applies in scenarios involving hit and run drivers who may or may not be identified. Call Marasco & Nesselbush for more information regarding uninsured/underinsured motorist coverage.

Slip and Fall

Slip and fall cases, or premises liability actions, occur when people are injured as a result of homeowners or land owners who fail to maintain their property in a reasonably safe condition. Ordinarily, it is necessary to establish that a homeowner or landowner did something that created an unreasonable risk of harm.

Most frequent examples involve failure to remove snow and ice. In addition, an improperly constructed, designed, or maintained stairway may result in injuries. Obtaining prompt legal representation from Marasco & Nesselbush is essential in these cases so that we can perform a timely investigation to establish the cause of the fall and other issues involving negligence.

At Marasco & Nesselbush, we pursue slip and fall matters that involve moderate to serious personal injury. Generally, we anticipate insurance companies will raise a number of defenses to slip and fall actions, including “assumption of the risk” or “comparative fault.” We recommend pursuing slip and fall cases when the party who owns or maintains property has engaged in injurious conduct which results in moderate to severe injuries.

Liquor Establishment Liability

Under Rhode Island Law, if a nightclub, bar, tavern, restaurant or any person negligently serves alcohol, they may be held responsible for injuries caused by those who were negligently served alcohol.

We hear so often about tragic injuries, including death, suffered by individuals and families as a result of drunk driving, drunken fights or serious falls after drinking. Liquor liability or “dram shop actions” are intended to hold establishments or people responsible if they negligently serve alcohol.

Statutes of Limitations

Ordinarily, in personal injury actions, an injured person must file a lawsuit in court within three (3) years from the date the negligence occurred. This three (3) year time period is called the “statute of limitations.” However, there are many exceptions to this three (3) year rule or three (3) year “statute of limitations.” The most common exception to the statute of limitations is what is referred to as the “discovery rule.” This rule stands for the proposition that the statute of limitations does not begin to run three (3) years from when the negligence occurred, rather three (3) years from the date when the negligence could reasonably have been discovered. Particularly in the medical negligence arena, it is sometimes difficult or impossible for the victim to be aware of the medical provider’s negligence at the time it occurs. Quite often, a victim of medical negligence only learns of the medical error when further medical complications arise and the individual seeks additional care. If the victim learns of the medical error more than three (3) years after the medical error occurred, s/he may still be able to receive compensation for the medical error.

Other common exceptions to the statute of limitations also may be applicable. For example, the statute of limitations, with respect to injuries sustained by a child, begins to run when that child reaches the age of eighteen. Similarly, if someone is under a “disability,” the statute of limitations may be tolled during the period of disability. Call Marasco & Nesselbush if you have questions about the “statute of limitations.”

Finally, cases which may otherwise be considered personal injury actions sometimes can be also considered contract actions. For example, the statute of limitations in an uninsured motorist case is ordinarily ten years because the right to recovery is based upon an insurance contract.

Obtaining legal representation as soon as possible after an injury occurs is always best. However, do not assume you will be precluded from recovery for your injuries simply because of the passage of time. If you have a question about whether an action is timely, seek a legal opinion. Marasco & Nesselbush would be happy to investigate whether your case may fall under one of the many exceptions to the general “statute of limitations” rule.

Attorney’s Fee

In all personal injury actions, Marasco & Nesselbush charges a “contingency fee.” This means we will only receive a fee if we win your case, and we are successful in obtaining a recovery or settlement for you. Ordinarily, our fee is 33.3% or 1/3 of the total recovery.