Rhode Island Personal Injury Lawyer
When you or a loved one has been injured due to someone else’s actions or failure to act, Rhode Island laws say you deserve compensation. A Rhode Island personal injury lawyer’s job is to make sure the person at fault compensates you for all your expenses and losses suffered at their hand. Lawyers in this specialty help victims through the legal process and fight for the maximum possible award.
In accidents involving trucks, it’s almost always the people in the car that get seriously injured. Trucks are bigger and heavier, so their impact carries a bigger punch in a collision with a passenger car. A truck weighing more than 10,000 gross pounds is categorized as a large truck. Crashes involving large trucks killed more than 5,000 people in the U.S. in 2019, with almost 160,000 people suffering injuries in truck accidents.
In Rhode Island, 74 large truck accidents resulted in fatalities in 2019. Nationwide, 68% of fatalities in truck accidents are the people in the passenger vehicle.
Doctors and hospital staff can make errors in diagnosing or treating a serious condition that, left unchecked, can result in a patient’s death. Mistakes during surgeries or drug administration at nursing homes can also result in a patient’s death. The Rhode Island Hospital and the Newport Hospital are not unfamiliar with wrongful death lawsuits.
When such a death occurs, the family may file a wrongful death lawsuit. A wrongful death lawsuit involves complicated facts concerning medical conditions, the care given, and an analysis of whether the care met the medical profession’s standard of care. Lawyers must wisely select medical experts to successfully support their clients’ claims.
Proving Liability In A Rhode Island Personal Injury Case
- Duty. A personal injury lawyer must demonstrate that the defendant owed a duty to the plaintiff. That duty might be that of a reasonable person driving a vehicle on a highway at high speed. Or the duty might be specialized, such as a doctor’s duty to provide a certain standard of skill and care to their patients. A lawyer must prove that a defendant had a duty of care.
- Breach. For success in a negligence case, the Rhode Island personal injury lawyer must show that the defendant breached their duty.
- Causation. Thirdly, a plaintiff must demonstrate that a defendant’s acts or omissions were the proximate cause of the plaintiff’s injuries. Under Rhode Island law, a plaintiff must prove that “that the harm would not have occurred but for the [defendant’s] act and that the harm was a natural and probable consequence of the act.” The idea is that the defendant’s action played a “substantial factor” in the harm.
- Damages. Lastly, the person who brings the personal injury lawsuit must prove they actually suffered damages. This means providing evidence of an injury, medical diagnoses, costs, and lost wages. Plaintiffs can also claim they should be compensated for emotional distress, loss of enjoyment, and other impacts on their quality of life.
In Rhode Island, it’s important to know that your damages will be reduced by the proportion of your negligence compared to the defendant’s negligence. For instance, you might be found to be 25% at fault and the defendants, 75%. In this comparative fault example, a plaintiff’s award of $100,000 would be reduced to $75,000.
Types Of Available Damages In A Rhode Island Personal Injury Cases
The amount of money a responsible party will have to pay a victim is called damages. Every case is unique. The extent of injury and loss in your case will determine the total of potential damages in your case. You may be due three different types of damages under Rhode Island law.
First, there are economic damages. These are tangible damages, such as the costs incurred as a result of the injury, and include medical bills, rehabilitation and physical therapy costs, and hospital stays. If you are unable to work while recovering from injuries or the injuries impact your future earnings potential, you may also be due economic damages for current and future lost wages.
Property damage or loss from a car accident also qualify as economic damages.
In addition to economic damages, you may be entitled to non-economic damages, which cover less tangible losses or suffering. A loss of enjoyment of life — where your injuries prevent you from doing things you enjoyed before the injury — is an example of non-economic damages.
Serious personal injuries are traumatic events that often inflict pain and suffering on the victim and their family. The emotional distress suffered after a harrowing car accident can take a toll on the injured person and their loved ones. Compensation for both of these injuries is a form of non-economic damages in personal injury cases.
Certain family members of the deceased can bring wrongful death lawsuits in Rhode Island. In these cases, you can seek damages for the economic losses from the death of a family member. Non-economic losses such as grief, emotional distress and loss of consortium and companionship are also possible damages in a wrongful death case.
The third type of personal injury damages is called punitive damages. Courts impose these damages as punishment when the wrongdoer’s actions are particularly egregious.
Can Marasco & Nesselbush Recover Damages In My Case?
Our award-winning team of personal injury attorneys has recovered over $100,000,000 for clients who have suffered life-altering injuries.
Damages we have recovered for our clients include:
- Present and future accident-related medical costs, including emergency services, medical bills, hospital stays, OOP expenses, physical therapy, and rehabilitation costs
- Present and future accident-related lost wages
- Property loss or damage sustained in the accident
- Pain and suffering, including emotional distress and loss of enjoyment of life
- Wrongful death
Statutes Of Limitations For Rhode Island Personal Injury Lawsuits
If you’ve been injured and you know or suspect someone else is at fault, it’s important to remember that there are time limits on how long you can wait to file a claim. These limits are known as statutes of limitation. Here are some key filing requirements related to personal injury claims.
Three Years After Injury/Death
- Personal injuries, generally
- Medical malpractice
- Loss of consortium
- Wrongful death (loss of consortium, companionship or society in wrongful death action)
- Pain and suffering in wrongful death action
Ten Years from Purchase Date
- Products liability
Get The Rhode Island Personal Injury Attorneys At Marasco & Nesselbush On Your Side
If you suffered injuries or your car was damaged in an accident where someone else was at fault, you may have grounds for a lawsuit. A personal injury lawyer can help you assess your case chances and help you file a claim for damages. The attorney will guide you through the process and gather evidence to build a story proving that you should be compensated for the injuries the negligent party caused.
The death of a family member is an unspeakable sorrow and loss. When the death is caused by improper medical care or a lack of reasonable caution by a driver, a personal injury lawyer may advise you to file a wrongful death lawsuit. A lawyer will develop your case and file a legal claim in the appropriate court system to seek damages from the responsible party.
When you find yourself wondering if your personal injuries merit filing a lawsuit, you’ll want Marasco & Nesselbush in your corner. Our name partners founded the law firm in 1999 based on their friendship, an old-fashioned work ethic, and a drive to see justice done for Rhode Island citizens.
Our lawyers and legal professionals take each case to heart, treating clients with kindness and compassion while we vigorously fight for your just compensation.
We are honored to be part of the communities we serve and enjoy giving to worthy causes. The Rhode Island organizations we support include:
Our results show why Marasco & Nesselbush attorneys are Rhode Island’s best personal injury lawyers.
$6.2M Award in Distracted Driver Accident
As co-counsel, we secured this large settlement for a car accident victim who suffered catastrophic injuries in a rollover crash caused by a distracted driver. Our expert performed 3D mapping of the site and an analysis of all the variables and teamed with an esteemed physician-engineer expert to conclude the injury to our client’s spine would have happened even with a seat belt. Defendants settled before facing us at trial.
$5.1M Medical Negligence Recovery
The team at Marasco & Nesselbush achieved this recovery on behalf of the estate of a woman who passed away after a surgeon nicked her bowel during a gallbladder operation. The negligent medical providers failed to act to control the infection that resulted, despite a diagnostic image showing leakage from the bowel. The victim underwent emergency septic shock surgery and passed a year later after a valiant fight. A friend of the firm referred her family to us for help.
$925,000 Award in Rear-End Accident
Our firm fought to help a man recover damages for injuries he suffered after a car struck him after his vehicle was rear-ended by another car.