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Suffered a Serious, Life-Changing Injury? Our Providence Catastrophic Injury Attorneys Can Help
A catastrophic injury can permanently affect a person’s health, ability to work, independence, and need for daily care. When the harm was caused by another person’s negligence,
Rhode Island law may allow the injured person to seek compensation for medical treatment, lost income, future care, and the lasting effects of the injury.
A Providence catastrophic injury lawyer can investigate responsibility, document current and future losses, and pursue the maximum compensation available under the facts and applicable law.
At Marasco & Nesselbush, our attorneys represent seriously injured people throughout Providence and across Rhode Island while pursuing the fair compensation they deserve.
Marasco & Nesselbush: Representing Rhode Islanders Since 1999
Rhode Island law provides no legal definition of a catastrophic injury, but an injury may be considered catastrophic when it causes permanent disability, long-term impairment, or a substantial loss of independence.
These cases often involve traumatic brain injuries, spinal cord damage, amputations, severe burns, organ damage, or other conditions requiring extensive treatment and ongoing assistance.
When someone else’s negligence causes life-changing harm, the injured person may be able to pursue compensation for medical expenses, lost income, reduced earning capacity, rehabilitation, home modifications, and future care.
The recovery may also provide essential financial support for family members who must reduce their work hours, assume caregiving responsibilities, or adapt their household around the injury.
Establishing the full extent of the claim may require medical specialists, life-care planners, vocational experts, and economists who can assess how the injury will affect the person over time.
If the injury ultimately results in death, surviving relatives may have rights through wrongful death claims governed by separate Rhode Island laws.
Since 1999, our personal injury law firm has represented Rhode Islanders in catastrophic injury, medical negligence, motor vehicle accident, workplace, and fatal injury cases.
If you or a loved one has suffered a catastrophic injury, Marasco & Nesselbush can review your case, explain your options, and handle the claim from start to finish.
We offer free consultations and take these cases on a contingency fee, which means you pay no attorney fees unless we recover compensation for you.
Why Catastrophic Injury Victims in Providence Choose Marasco & Nesselbush
Catastrophic injury claims require careful documentation of both the immediate harm and the medical, financial, and personal losses that may continue for years.
Our personal injury lawyers build each case around the injured person’s prognosis, ability to work, loss of independence, future care needs, and the effect on the family.
Since 1999, we have represented injured Rhode Islanders in complex personal injury cases and recovered more than $500 million for our clients.
Clients choose Marasco & Nesselbush for reasons that include:
- Extensive Serious Injury Experience: We represent people affected by traumatic brain injuries, spinal cord damage, amputations, severe burns, permanent disfigurement, medical negligence, and other life-changing injuries.
- Detailed Evaluation of Future Losses: When appropriate, we work with physicians, life-care planners, vocational experts, and economists to document future treatment, rehabilitation, assistive equipment, reduced earning capacity, and daily support needs.
- Preparation for Settlement and Trial: We negotiate with insurers and responsible parties while preparing each case for litigation and trial when a fair resolution cannot be reached.
- Proven Results for Injured Clients: Our attorneys have secured substantial settlements and jury awards in cases involving brain injuries, amputations, permanent disability, medical negligence, and other catastrophic harm.
- Accessible Rhode Island Representation: With offices in Providence, East Providence, Warwick, Wakefield, and Woonsocket, we provide injured clients and their families with convenient access to our legal team.
- Free Case Evaluation: We offer a free case evaluation to discuss how the injury occurred, the losses involved, and the legal options that may be available.
- English- and Spanish-Language Support: Our bilingual team communicates with clients in English or Spanish at every stage, from the initial consultation and intake through settlement negotiations, litigation, and resolution.
Families should act quickly when important evidence may include surveillance footage, vehicle data, inspection records, witness accounts, or other information that can be lost over time.
Our personal injury lawyers can begin preserving evidence, identifying responsible parties, and evaluating available insurance coverage while the injured person focuses on medical care and recovery.
Our Providence Catastrophic Injury Attorneys Get Results
The results below come from serious injury and wrongful death cases we have handled for Rhode Island clients, and they reflect the range of harm a catastrophic injury can cause.
They run from permanent disability to the loss of a loved one.
Each case is decided on its own facts, and no prior result is a promise about any future case.
Our verdicts and settlements in serious injury and wrongful death cases include:
- $9 Million Secured: For a client who suffered life-altering complications from medical negligence during and after a routine procedure.
- $8.49 Million Secured: For a client who underwent an avoidable amputation caused by negligence during a knee replacement surgery.
- $7.27 Million Jury Verdict: For a client left with life-altering injuries after a stroke was not treated in time.
- $6.25 Million Secured: For the family of a client who died from a fall caused by an unsafe property condition.
- $6.2 Million Awarded: For a client who sustained serious injuries in a rollover crash caused by a distracted driver.
- $4.5 Million Recovered: For a client who suffered a traumatic brain injury in a car crash.
- $3 Million Settlement: For a client left with permanent disabling injuries after a negligently performed neck surgery.
- $1.5 Million Secured: For a family after a hospital was found responsible for a wrongful death involving an undiagnosed brain injury.
- $1.025 Million Pre-Trial Award: For a brain injury survivor who was struck by a vehicle while walking.
How a Providence Catastrophic Injury Lawyer Can Help
A catastrophic claim turns on two kinds of work.
The first is proving what the injury will cost across a lifetime.
The second is protecting the recovery so the money reaches the person who needs it.
Insurance companies rarely pay the full value of a serious claim without a dispute over liability or the extent of the harm.
An attorney handling a catastrophic injury claim generally works to:
- Establish the full extent of future damages: Most of the claim’s value lies in the years ahead. Proving it means documenting a lifetime of medical care, lost earning capacity, pain and suffering, and future needs, often with the help of physicians, life-care planners, and economists.
- Identify every source of insurance: An attorney can review all potentially applicable insurance policies, including commercial, employer, umbrella, product liability, and other coverage when supported by the facts.
- Determine every liable party: Responsibility can reach past the obvious defendant to an employer, a contractor, a property owner, or a manufacturer.
- Resolve medical liens and reimbursement claims: Health insurers, Medicare, and Medicaid that paid for treatment often have a right to be repaid from a settlement. An attorney can identify, verify, negotiate when permitted, and resolve valid reimbursement claims before settlement funds are distributed.
- Protect a client who cannot act alone: A brain injury can leave someone unable to manage their affairs, and a family member may need to be appointed guardian before the claim can move forward.
No two catastrophic cases involve the same combination of responsible parties, insurance coverage, and long-term needs.
Much of a claim’s value depends on accounting for all of them before a settlement is signed.
Good representation also comes down to communication, from explaining how litigation costs are handled to providing regular updates on the case’s progress.
Our attorneys handle each of these steps for injured clients, so a family can focus on recovery rather than on the machinery of the claim.
What Is Considered a Catastrophic Injury?
Rhode Island law does not provide one universal legal definition of a catastrophic injury, and the term may be interpreted differently depending on the medical condition and its long-term effects.
In personal injury cases, the term is often used more broadly for injuries that cause permanent disability, long-term impairment, or a substantial loss of mobility, cognition, communication, employment, or independent living.
An injury does not become catastrophic solely because of its diagnosis; the prognosis, need for future treatment, and effect on daily life also matter.
Two people with similar initial injuries may experience very different outcomes, making the long-term medical evidence central to the claim.
Injuries that may be considered catastrophic include:
- Traumatic Brain Injuries: Brain damage that causes lasting problems with memory, concentration, communication, judgment, mood, or physical function.
- Spinal Cord Injuries and Paralysis: Damage that causes partial or complete paralysis, impaired sensation, chronic pain, or loss of bladder, bowel, or respiratory function.
- Amputation or Loss of Limb: The traumatic or surgical loss of an arm, leg, hand, foot, finger, or other body part.
- Severe Burns: Deep burns that cause nerve damage, permanent scarring, disfigurement, infection, or the need for repeated surgery and skin grafting.
- Permanent Disfigurement: Lasting changes to a person’s appearance or physical structure that may also affect movement, function, and emotional health.
- Internal Organ Damage: Injuries to the heart, lungs, kidneys, liver, or other organs that cause permanent impairment or require ongoing medical support.
- Loss of Vision, Hearing, or Speech: Permanent sensory or communication impairments that affect safety, employment, and independent living.
- Multiple or Crush Injuries: Severe fractures, nerve damage, and soft-tissue injuries that result in lasting physical limitations or disability.
Marasco & Nesselbush handles catastrophic injury cases involving brain injuries, spinal cord damage, amputations, burns, disfigurement, organ damage, and sensory loss.
Whether an injury is considered catastrophic ultimately depends on its permanence and how significantly it changes the injured person’s ability to work, care for themselves, and participate in everyday life.
Injured and not sure what your case is worth? Find out for free.
Types of Catastrophic Injuries We Handle in Providence
Catastrophic injuries take many forms, and each carries its own medical path and its own long-term cost.
They all share a lasting effect on the body and on a person’s independence.
Many require surgery, months or years of rehabilitation, assistive devices, or full-time care.
The most severe are first stabilized at Rhode Island Hospital in Providence, the state’s only Level I trauma center and its only burn center.
As the long-term prognosis often drives the value of a claim, documenting the medical reality of each injury, from the first scan to the final diagnosis, is central to the case.
Common catastrophic injuries our attorneys handle include:
- Traumatic Brain Injuries: Head injuries such as a blow or jolt to the head can cause lasting changes in memory, concentration, mood, and speech. Even a traumatic brain injury that leaves no mark on a scan can end a person’s ability to work or live independently.
- Spinal Cord Injuries and Paralysis: Spinal cord damage can cause partial or complete paralysis, chronic pain, and loss of bladder or bowel control. According to the National Spinal Cord Injury Statistical Center, about 18,000 people suffer a traumatic spinal cord injury in the United States each year, and motor vehicle crashes are the leading cause.
- Amputation and Loss of Limb: Losing a limb permanently changes mobility and independence, and it often requires prosthetics that must be replaced and refitted for the rest of a person’s life.
- Severe Burns: Deep burn injuries can destroy tissue and nerve endings, leaving permanent scarring and requiring repeated surgeries and skin grafts.
- Permanent Disfigurement: Scarring from burns, surgeries, or trauma can be physically disabling and emotionally difficult to live with.
- Internal Organ Damage: Damage to internal organs and internal bleeding can be life-threatening and may require emergency surgery followed by long-term treatment.
- Multiple and Crush Fractures: Severe fractures can require surgical hardware and lengthy recovery, and they can leave lasting physical limitations.
- Vision or Hearing Loss: The loss of sight or hearing permanently affects independence, safety, and the ability to work in many jobs.
Each of these injuries brings a long and costly recovery.
The type and severity determine the care ahead and, in turn, the value of any claim.
Common Causes of Catastrophic Injuries in Providence
A serious injury can result from almost any accident, and how the injury happened often decides who is responsible and which insurance applies.
The cause points to the evidence a case will need, the parties who may be at fault, and the coverage available to pay for the harm.
In Providence, serious injuries tend to happen where heavy traffic, industry, and dense development meet.
High-volume routes like Interstate 95, Interstate 195, and the Route 6/10 connector see frequent high-speed collisions, while construction sites and the Allens Avenue waterfront carry hazards of their own.
Common causes of catastrophic injuries include:
- Motor Vehicle Accidents: High-speed truck accidents, motorcycle crashes, and car accidents are a leading cause of serious harm, especially for pedestrians and cyclists who have little protection in a collision.
- Construction and Workplace Accidents: Construction accidents involving falls from height, falling objects, or heavy machinery cause serious injuries on job sites, and these cases often involve more than one company.
- Medical Malpractice: Surgical errors and delayed diagnoses can turn a treatable condition into a lifelong disability. Serious medical malpractice can leave a patient permanently worse off.
- Premises Liability and Falls: A premises liability claim can arise when an owner fails to correct a known hazard and a serious fall accident or other injury follows.
- Defective Products and Medical Devices: A dangerous product or a defective medical device can cause serious harm, and the manufacturer may be held responsible even when no one else was careless.
A serious injury does not always trace back to the obvious cause.
A defective vehicle part, an untreated road hazard, or an unsafe worksite can share the blame, and each one is easy to miss without a careful investigation.
Who May Be Liable for a Catastrophic Injury?
Responsibility may rest with one person or extend to several individuals, businesses, medical providers, manufacturers, contractors, or public entities.
Liability generally turns on whether a party owed a duty of care, failed to meet it, and caused the injury as a result.
In many of these cases the defendant owed the injured person a clear duty, and the real dispute is over who breached it and by how much.
Responsibility can also extend well beyond the most obvious negligent party.
Identifying every potentially responsible party helps determine which claims, evidence, contractual relationships, and sources of insurance may apply.
Identifying every responsible party at the outset can decide how much compensation is actually available.
Parties who may be liable for a catastrophic injury often include:
- Negligent Drivers: A driver whose careless or reckless conduct caused a serious crash.
- Employers and Commercial Companies: A company responsible for an employee’s actions or for unsafe practices on a job site.
- Property Owners: An owner or occupier who failed to correct a dangerous condition on their property.
- Contractors and Subcontractors: On construction sites, more than one company can share responsibility for a single safety failure.
- Product Manufacturers: A manufacturer that made or sold a defective product or medical device.
- Healthcare Providers: A provider whose negligent care caused or worsened a serious injury.
- Government Agencies: A state or local agency responsible for a hazardous road or public property, though these claims follow special rules and shorter deadlines.
More than one of these parties often shares the blame for a single injury.
Some of them, like an employer, bring their own set of rules, and that is where a workplace catastrophic injury becomes its own kind of case.
Workplace Catastrophic Injuries and Third-Party Claims
A serious injury on the job raises a separate set of questions that many injured workers never hear explained.
In Rhode Island, an injured worker is generally limited to workers compensation benefits from their employer, even when the injury is life-changing.
It generally does not pay for pain and suffering, and it may replace only a portion of a lifetime of lost earnings.
A second claim is often possible when someone other than the employer helped cause the injury, such as a general contractor, a property owner, or the maker of defective equipment.
That worker may bring a separate third-party claim against the party responsible.
One rule decides how much of that recovery the worker keeps.
Under R.I. Gen. Laws § 28-35-58, the workers compensation insurer holds a lien on a third-party recovery for the benefits it already paid.
Reducing that lien is part of protecting the worker’s final recovery, and it is one of the more technical parts of a workplace catastrophic case.
What Compensation Can Be Recovered After a Catastrophic Injury?
The compensation available depends on the severity of the harm and its long-term effect on the injured person’s life.
In these cases, the largest losses usually lie ahead.
Rhode Island law allows an injured person to pursue both economic and non-economic damages, and in rare cases an additional award meant to punish serious misconduct.
Documenting the full value of these losses, present and future, is the heart of pursuing fair compensation for injury victims.
Economic Damages
Economic damages account for the measurable financial cost of the injury, both now and across a lifetime.
In a serious case, the future portion holds most of the value, which is why a life-care plan and an economic analysis matter so much.
Economic damages may include:
- Current and Future Medical Care: Emergency treatment, surgeries, hospital stays, rehabilitation, medication, and the extensive medical care a serious injury can require across a lifetime.
- Lost Wages and Lost Earning Capacity: Income lost during recovery, along with the reduced ability to earn a living when a permanent injury limits future work.
- Life-Care and Rehabilitation Costs: Long-term nursing care, physical and occupational therapy, and vocational rehabilitation.
- Assistive Devices and Home Modifications: Wheelchairs, prosthetics, and changes to a home or vehicle needed for independent living.
- Out-of-Pocket Expenses: Transportation to appointments, in-home help, and other costs that follow a serious injury.
Non-Economic Damages
Non-economic damages cover the losses that do not come with a bill.
In catastrophic cases, where the effects last a lifetime, they are often as significant as the financial ones, and sometimes greater.
Non-economic damages may include:
- Pain and Suffering: Compensation for the physical pain and daily limitations the injury causes.
- Emotional Distress: Damages for the anxiety, depression, and trauma that often follow serious injuries.
- Loss of Enjoyment of Life: Compensation when an injury prevents someone from taking part in activities and relationships that mattered before.
- Permanent Disability and Disfigurement: Damages reflecting lasting physical limitations, scarring, and permanent damage.
- Loss of Consortium: In certain cases, compensation for the effect of an injury on a marriage and family relationship.
Punitive Damages
In rare cases, Rhode Island law allows punitive damages when a defendant’s conduct went well beyond ordinary carelessness.
This form of recovery is meant to punish extreme or malicious behavior, and Rhode Island sets a high bar before a court will award it.
Wrongful Death Damages
A catastrophic injury that ends in death may allow surviving family members to bring a wrongful death claim.
When a catastrophic injury results in death, Rhode Island’s wrongful death statutes may permit claims for prospective financial contributions, certain losses sustained by qualifying relatives, and damages incurred between the injury and death.
The main action is generally brought by the executor or administrator, while spouses, children, or parents may have separate claims for losses recognized by statute.
Rhode Island wrongful death cases follow different filing, damages, and distribution rules from nonfatal personal injury claims.
Families can review the dedicated Rhode Island wrongful death guide for a fuller explanation.
Rhode Island Laws That May Affect Your Catastrophic Injury Case
Several Rhode Island laws can affect how a claim is handled and how much compensation is available.
Filing deadlines, fault rules, and the type of defendant involved each affect the path of a case.
A mistake on any of them can reduce or end a claim.
The sections below explain the rules that matter most, though each case is different and a lawyer should confirm how they apply to your situation.
Rhode Island’s Statute of Limitations for Personal Injury Cases
Under R.I. Gen. Laws § 9-1-14(b), most Rhode Island lawsuits seeking compensation for personal injuries must be filed within three years after the cause of action accrues.
In many accident-based cases involving another party’s negligence, the three-year period begins on the date the injury occurred.
Filing an insurance claim or continuing settlement negotiations does not necessarily extend the deadline for commencing a lawsuit.
Missing the applicable statute of limitations can prevent the injured person from recovering compensation, regardless of the severity of the harm or strength of the evidence.
Comparative Negligence
An injured person is sometimes blamed for part of an accident.
Rhode Island follows a pure comparative negligence rule under R.I. Gen. Laws § 9-20-4.
It allows recovery even when the injured person shares some of the fault, reducing damages by their percentage.
A person found 20% at fault would generally recover 80% of their damages.
A larger share of blame means a smaller recovery, which is why how fault is divided is often one of the most contested issues in a serious case.
Rhode Island Damage Caps
Some states limit the amount an injured person can recover in a serious injury or medical negligence case.
Rhode Island does not cap compensatory damages in most personal injury cases.
That matters a great deal in catastrophic cases, where the losses are large and significant compensation may be at stake.
A notable exception involves certain claims against the state, cities, towns, fire districts, and other public entities, although the governing statute and available exceptions depend on the defendant.
Claims Against Government Entities
Different rules apply when a public agency is responsible.
Under R.I. Gen. Laws § 9-31-2, damages against the state or its political subdivisions are generally capped at $100,000, with the same limit set for cities and towns under § 9-31-3.
This cap does not apply when the government was engaged in a proprietary function, meaning an activity normally carried out by a private business.
Some public-entity claims may involve special notice, presentment, immunity, or procedural requirements that must be addressed separately from the ordinary personal injury filing deadline.
Wrongful Death
A catastrophic injury that results in death falls under a separate Rhode Island law.
Under R.I. Gen. Laws § 10-7-2, a person or company found liable for a wrongful death is responsible for a minimum of $350,000.
The claim is generally brought by the estate for the surviving family.
That minimum is only a floor, and damages in a fatal catastrophic injury case can be far greater depending on the losses involved.
How Much Is a Providence Catastrophic Injury Case Worth?
There is no fixed formula for determining the value of a catastrophic injury case.
The amount depends on the severity and permanence of the injury, the strength of the liability evidence, the injured person’s age and earning history, available insurance coverage, and the effect on daily life and independence.
Medical records and expert opinions may establish the need for future surgery, rehabilitation, medication, assistive equipment, home modifications, transportation, and long-term personal care.
Vocational experts and economists may also assess lost earning capacity when the injured person cannot return to the same occupation or work at all.
A life-care planner can organize anticipated medical and support needs into a detailed projection covering the years ahead.
The claim may also include compensation for pain, emotional distress, permanent disability, disfigurement, and loss of enjoyment of life.
Comparative negligence can reduce the amount recovered if the injured person shares responsibility for the incident, while policy limits and the financial resources of the responsible parties may affect how much compensation is realistically available.
Our attorneys work with appropriate medical, vocational, and financial professionals to document current losses and reasonably anticipated future needs before evaluating a settlement or preparing the case for trial.
When catastrophic injuries result in death, the case may involve separate wrongful death and estate claims.
The family may face funeral expenses and burial expenses, while Rhode Island law separately recognizes prospective earnings and homemaker services lost because of the death, along with medical costs and other expenses incurred between the injury and death.
An attorney can determine which losses may be pursued and how each part of the recovery would be distributed under Rhode Islan law.
Talk to a lawyer and get a free case evaluation today.
Evidence That Can Strengthen a Catastrophic Injury Claim
A catastrophic injury claim must establish both how the incident occurred and how the injury will affect the person over time.
Liability evidence can identify who caused the harm, while medical and financial records document the severity, permanence, and cost of the resulting losses.
Because future treatment and reduced independence often represent a substantial part of the claim, expert analysis may be needed to explain needs that extend beyond the current medical bills.
Preserving evidence early can also reduce disputes over causation, prognosis, earning capacity, and the value of future care.
Evidence may include:
- Medical records and diagnostic imaging: Hospital records, surgical notes, scans, test results, treatment plans, and rehabilitation records documenting the injury and care provided.
- Expert medical opinions: Assessments from physicians and specialists concerning prognosis, permanent impairment, future treatment, and anticipated complications.
- Life-care plans: Detailed projections of future medical care, therapy, medication, assistive equipment, home modifications, transportation, and personal assistance.
- Employment and income records: Pay statements, tax returns, employer records, and work history showing lost wages and reduced earning capacity.
- Vocational and economic analysis: Expert evaluations of the person’s ability to return to work and the present value of future financial losses.
- Police, incident, and investigation reports: Official records documenting the scene, parties involved, reported conditions, and initial findings.
- Photographs and video: Images of the accident scene, hazardous condition, property damage, visible injuries, and changes in physical function.
- Witness statements: Accounts from people who observed the incident or can describe how the injury changed the person’s abilities and daily life.
- Accident reconstruction and engineering evidence: Technical analysis explaining how a collision, structural failure, defective product, or other event occurred.
- Caregiver and daily-life documentation: Records showing assistance with mobility, hygiene, transportation, household tasks, communication, and other routine needs.
- Insurance and business records: Policies, maintenance logs, inspection reports, employee records, safety procedures, and internal documents relevant to liability or coverage.
What to Do After a Catastrophic Injury in Providence
The steps taken after a serious injury can affect both a person’s recovery and any future claim.
With a severe injury, urgent medical treatment comes first, and the legal questions can wait until the injured person is stable.
Often a seriously injured person cannot manage any of this alone.
In the first days, the work of gathering information and making decisions falls to the victim’s family while their loved one is still in the hospital.
The steps below can help protect a claim once the immediate crisis has passed:
- Get Medical Care First: Follow the treatment recommendations you receive and keep copies of records related to your care.
- Report the Incident: Make sure the crash, fall, or workplace injury is reported to the police, property owner, or employer, and request a copy of the report.
- Preserve Evidence: Keep photographs, damaged items, and the names of any witnesses while the details are still fresh.
- Track the Costs: Save medical bills, receipts, and proof of lost income, as these build the economic side of the claim.
- Record the Impact: Note how the injury affects your work, daily activities, and family life, which supports a claim for non-economic damages.
- Do Not Rush to Settle: Avoid giving a recorded statement or accepting a settlement offer before the full extent of the injury is understood.
- Speak With an Attorney: An experienced Providence catastrophic injury attorney can review your case, protect your rights, and handle the claim so you can focus on recovery.
Marasco & Nesselbush: Providence Catastrophic Injury Attorneys
A catastrophic injury affects health, income, and independence, often for the rest of a person’s life.
The right law firm carries that burden so a family can focus on recovery.
Since 1999, our personal injury attorneys have represented seriously injured Rhode Islanders in catastrophic cases, from truck accidents and workplace injuries to medical negligence and fatal accidents.
We understand how the state’s local laws affect each claim, and we provide steady legal assistance from the first investigation through settlement or trial.
Throughout the case, we set clear expectations about the timeline and what a claim may realistically achieve.
If you or a loved one has suffered a life-changing injury, our compassionate attorneys are ready to review your case and explain your legal options.
We handle catastrophic injury cases on a contingency fee basis, so there are no attorney fees unless we recover compensation on your behalf.
Contact Marasco & Nesselbush today to speak with a Providence catastrophic injury attorney, or visit one of our offices in Providence, East Providence, Warwick, Wakefield, Woonsocket, or Quincy, Massachusetts.
