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Injured at Work? Things to Consider When Seeking Workers Compensation

Accidents have the potential to affect your life permanently. From respiratory exposure to back and head injuries, it is vital that you get the medical attention you need in order to recover from the injuries that you’ve incurred. But how will you manage to afford all these medical bills?

North Kingstown, as well as the rest of Rhode Island, has a mandated Workers Compensation Act to cover medical expenses and 75% of worker’s base pay for weekly compensation. Under this no-fault system, insurance companies will pay for benefits up to thirteen weeks without accepting legal liability for the injury under the Non-Prejudicial Agreement. If the insurance company chooses this, they will stop paying for your medical bills unless you do something about it. With this, hiring a successful and experienced worker’s compensation attorney is crucial.

To contest the Non-Prejudicial Agreement, you will need to file a worker’s compensation claim in order to set up other settlements with the insurance company to continue receiving compensation. For instance, the Memorandum of Agreement is when the insurance company accepts liability for the injury and will continue to pay for medical expenses and compensation.

Are you able to sue an individual or company for negligence while receiving worker’s compensation? Unfortunately, no. The Workers Compensation Act is a no-fault system, essentially stating that you will receive compensation no matter whose fault it is. However, if this no-fault system does not work for your particular situation, a North Kingstown worker’s compensation attorney can help you file a negligence claim. With this, if you’re successful, the insurance company will pay for medical expenses, pain and suffering, and lost wages that occurred as a result of the injury. Conversely, the insurance company will then have a right to receive reimbursement from any workers compensation that has already been paid out to you.

Despite the difficulties involved in getting injured at work, there are a variety of options to ensure that you are able to get your life back.

What to do with Uninsured Motorist Claims in Providence

One moment you’re driving, the second, your car is totaled. Car accidents are stressful because, in addition to everything else you have going on with your life, you now have to deal with any injuries you or your passengers may have sustained as well as getting the car repaired. After both the other driver and you pull over to the side of the road, you prepare to exchange information only to realize that the other driver does not have insurance – leaving you to deal with the bills that must be paid.

 

You do have options aside from paying hefty fees. In Providence, insurance companies have “uninsured motorist coverage” to protect you so you can be compensated if you have uninsured motorist claims. Also, if the other driver was underinsured, this same policy applies to cover the remaining bills that you may have. Of course, this does not mean that insurance companies will hand you all the money that you need without a fight.

 

How do you deal with the insurance companies? One, don’t talk to the insurance adjuster without consulting an uninsured motorist claims attorney. Insurance companies want to be able to record you saying that the injuries that you incurred aren’t as severe as you claim, as well as get you to agree with a compensation number without letting you know all the facts. Remember only to say what you can provide to the courts with documentation. You and your attorney will need to provide evidence of police reports, witnesses, medical bills, and much more to make an argument convincing enough to receive the compensation that you need. It might seem impossible to deal with a trial when you are trying to keep your life together, but keep in mind that you are entitled to a 12% interest rate per year from the insurance companies, after the date of the accident, so that the insurance companies will not try to stall the trial.

 

With a Providence uninsured motorist claims attorney, you do have options to get the support you need.

Unemployment Appeals Claim: How to Get the Support You Deserve

Finding yourself unemployed is exceptionally stressful when you have to consider your and your family’s future. If your unemployment claim is denied – these kinds of stresses intensify. Suddenly, you realize that you will need to fight for the livelihood of yourself and your loved ones.

There are many reasons why an unemployment claim can be denied in North Kingston including insufficient earnings, voluntarily separation, discharge for misconduct, and refusing suitable work. Sometimes employers will say that you quit voluntarily when you didn’t. In these cases, having an unemployment appeals claim attorney is exceedingly important.

First, you need to file an unemployment compensation appeal within fifteen days of the initial decision to the Department of Labor and Training either my mail, fax, or online. With this, you will then be able to schedule a hearing and have an ability to prove that you are entitled to those unemployment benefits.

One of the most crucial factors in getting unemployment compensation is to gather every possible piece of evidence that shows you meet the requirements to receive the benefits. The type of evidence will depend on the reason that you were denied initially. Some examples are e-mail correspondence, witnesses, documentation that shows you are looking for a job, and any other material that relates to the case. Not only do you want to indicate that you meet the requirements for unemployment compensation, but that you have been looking for a job since the day you became unemployed. What this does is prove to the court that you should receive compensation from the first day of unemployment, instead of only after the appeal hearing.

Also, remember that unemployment compensation appeal will be a “de novo” hearing. What this means is that the Referee will conduct the hearing without bias towards the initial decision. You start with a clean slate. But keep in mind that any evidence you submitted to initially receive compensation will need to be brought again to the hearing.

With a North Kingstown unemployment appeals claim attorney, you’ll have the ability to get the finances you need to support you and your family.

Speeding Ticket Violations in North Kingstown: The Key to Avoiding a Conviction

Whether rushing to an appointment, to the doctor, or to the emergency room; when you are pulled over by a cop, you will still get a speeding ticket.  In most situations, admitting guilt by paying the ticket is the most convenient option to move on with your life.  But what if you already have a record and with this moving violation you are facing several hundred if not thousands of dollars in lost income, or even incarceration?

In those cases, you need a speeding violations attorney that will support you and fight your case.

Speeding ticket violations are considered offenses not because of the driving itself but the implicit harm it may cause to others. Speeding twenty miles over the speed limit, running a red light, hitting a pedestrian, and killing that pedestrian is the scenario that courts imagine when looking at the speeding ticket violation. With this in mind, courts justify penalties such as license suspension, license cancellation, reinstatement fees, DMV fines, and increased insurance rates. North Kingstown, as well as the rest of Rhode Island, doesn’t use a point system when keeping track of speeding ticket violations.

Instead, they keep track of every violation and, with each passing violation, give increasingly harsher penalties. First-time offenders can have a $50 fine with their driver’s license suspended. Even the minimal punishment can have a significant effect on the way you live.

The key to avoiding a conviction is to understand, with the help of an attorney, the laws that surround speeding ticket violations. If you have been charged with a first-time offense, your attorney may be able to negotiate a “good driving statute,” meaning that the judge will drop the speeding charges because of your record of good behavior.

With this, there are steps you can take when facing a speeding ticket violations charge. By understanding the possible repercussions as well as the law will enable you and your attorney to navigate the complexities of your trial.

How to Overcome the Loss of a Loved One: Wrongful Death in North Kingstown

Losing a loved one unexpectedly is one of the most traumatic events that a person can experience in their lifetime. It’s difficult to take care of yourself with both the emotional weight and the lifestyle adjustment. If your loved one’s death was caused by another’s willful act or negligence, you might be able to charge the perpetrator for wrongful death. Depending on the circumstances, whether the individual is convicted of the crime or not, you still can successfully win a wrongful death suit.

Whether court appointed or not, only an executor or administrator may take a wrongful death suit to court. If, after six months, there is no executor or administrator to represent you and your family, all of the potential beneficiaries can unite and file a wrongful death lawsuit. In North Kingstown, the list of possible beneficiaries is immediate and distant family, life partners, financial dependents, putative spouses, or anyone else who was affected financially by the death. With a North Kingstown attorney experienced in wrongful death cases, even minors can file and receive compensation from a wrongful death lawsuit.

There is a time limit within which you can file a wrongful death claim. You have three years to file. However, this does not necessarily mean three years after the date of death. If the cause indicating wrongful death is discovered at a later date, then the statute of limitations starts from that date.

Another aspect to consider when filing a wrongful death claim is that there is a distinction between suing for compensation for your loss and suing to punish the individual or entity that caused the death. In other words, there is a difference between compensatory and putative reasons for filing.  You will find more success in filing for compensation because not every case will allow suing for putative reasons.

The process of overcoming the death of a loved one takes time. In order to relieve some of the pressure of such a loss, and attain justice for your loved one, taking the rights steps in filing a wrongful death suit might be exactly what your family needs.

Slip and Fall Accidents: What You Need to Know

Broken bones, concussions, thoracic sprains – the injuries that stem from slip and fall accidents can have a serious physical and financial impact. If you are partially or fully disabled from this type of accident, how will you take care of yourself and your family? Aside from seeking immediate medical treatment, you also need to use legal means to protect yourself financially. You need financial compensation.

In the midst of the accident, it is difficult to determine all the factors that could have led to the slip and fall. To receive compensation from a slip and fall accident, you and your attorney need to comb through the case files thoroughly and collect all the evidence you can. You will need to prove two things with the evidence that you provide to the court: negligence and the severity of physical harm. By providing pictures of the scene of the accident, the court will be able to compare the premises with maintenance protocols in order to determine if there was negligence.  Pictures of the injury itself can be used as additional evidence to highlight the severity of the physical harm caused by the accident. Additionally, the court will take into account how your lifestyle has been changed by the incident. With this in mind, providing as much financial and medical information you can, will put you in the best light to receive financial compensation.

One obstacle you may have, and it should be attended to before the trial, is the possibility of the defense being able to use “comparative negligence.” Comparative negligence is where the court determines how much negligence or carelessness occurred on your part that led to the accident. If the defense is able to prove even a small fraction of fault to be yours, that percentage will be deducted from possible compensation you may receive.

Although experiencing a slip and fall accident can be both painful and terrifying, you are not alone. Following these tips, along with a Providence attorney who specializes in slip and fall accidents, and you will have the help you need to get the most out of your slip and fall accident.

Serious Injury Attorney: How to Get Compensation in Providence

It would seem that the more obvious the injury, the higher the chance of receiving compensation for it.  Lost wages from missed work, medical bills, pain and suffering are the obvious factors to consider when trying to receive compensation from an insurance company or the responsible party. Unfortunately, the courtroom can work more like a business than a room of justice – that’s why you need to be protected. Without the right support, your livelihood is at risk.

There are laws in Providence that allow the insurance companies a defense that consists of proving the negligence of another – referred to as comparative or “share” fault. What the defense will argue at trial is that you were negligent, even by a small percentage, before the accident occurred. Even if they can prove that you were even ten percent negligent, then you have already lost ten percent of the original compensation you would have received. For the seriously injured, ten percent can be the difference between comfortable living and barely getting by.

One thing can prevent the defense from successfully proving such accusations: evidence. Although it may seem obvious, the truth of the matter is that the more evidence you have, in comparison to opposing counsel, the more likely you will be able to get the compensation that your serious injury requires. Depending on the circumstances surrounding the accident, it can mean having an expert look at the item that caused your injury.  Being able to provide documentary evidence would allow the court to see just how dangerous the environment was where the injury occurred. If the accident was sudden, even getting eye-witness testimony will assist the court in understanding the negligence of the defendant and the necessity for you to receive proper compensation.

As you go through your trial, remember that the court is, at the end of the day, a business. The Providence serious injury attorney will negotiate and persuade the court to produce results that best suit you.

The Facts About Premises Liability in Providence

When you experience an accident, make sure you know exactly where you are and who is responsible for maintaining that location. Whether it’s a shopping mall, neighbor’s house, or a park? If the accident stemmed from the condition of the environment, then you may be able to seek compensation from the property owner.

Nearly all properties you may find yourself in, have an owner who is directly responsible for its maintenance and any incidents that take place on that property.  Failure to maintain the property can include: lead paint exposure, sidewalk or road defects, poor security measures, poorly lit staircases or hallways and exposed electric wiring.  Defective merchandise which the owner was aware of, unsecured animals resulting in such things as dog bites, prolonged exposure to asbestos leading to mesothelioma, etc. There are a lot of ways in which a property owner can fail to maintain their premise and place their visitors at risk of getting injured.

One obstacle that you need to consider before pressing charges is if there was any amount of negligence on your part that could have resulted in the accident. This can mean a number of things depending on the conditions that surrounded the accident. Mostly, defense attorneys will try to prove that you were partaking in unsafe activities that would have resulted in an accident regardless of if you were on the property or not. In Providence, this is called “comparative fault,” meaning that you will either receive reduced compensation or no compensation at all if the defense is able to prove that you were negligent at the time of the accident. This would include if you trespassed onto the property, meaning that the property owner did not give you the approval to be on the property in the first place and thus holds no responsibility for your injuries. Of course, if you were invited onto the property and were not sufficiently warned of the possible dangers on the property, then you will be eligible for compensation.

Having a Providence premise liability lawyer at your side will give you the best chance of receiving the most compensation possible.

Personal Injury: Tips to Get the Compensation You Deserve

Personal injuries cause more than just physical pain. With expensive medical bills and having to take time off work, you can easily find yourself financially overwhelmed. What do you need in order to get compensated for an injury caused by an individual’s or company’s negligence?

Time, evidence, and a skilled Providence personal injury attorney.

Time is a significant factor in determining the amount of compensation you will receive for your injuries. In Providence, the statute of limitations to file a personal injury claim is three years.  Aside from the fact that your case will be thrown out if you do not meet this deadline, waiting to file a personal injury claim can result in you and your attorney not having as much evidence to work with. This includes the possibility of losing documentation or witnesses no longer being able to testify.

Remember, the more evidence you have, the better chance of a higher compensation payout for your personal injury. After the accident, it is essential to get the contact information of all the witnesses at the scene, a copy of the police report, medical information, and financial documentation. In regards to financial documentation, the courts will need to see evidence of the financial strain that has been placed on you and your family. Not just medical bills, but any other financial obligations that resulted from the accident and have negatively affected you and your family. Medical information and financial documentation will be the largest factors in determining the amount of compensation that you receive from insurance companies.

Insurance companies are a business; they are not your friends so appealing to their ‘humanity’ is a waste of time. They will take the necessary steps to ensure that you get as little compensation as possible. In order to overcome the turmoil of a personal injury, getting a seasoned personal injury attorney will best prepare you to get the compensation that you deserve.

The Truth About Motorcycle Accidents

Motorcycle accidents can be detrimental; the minimal protection motorcycle riders have puts them at a disadvantage when going against automobiles. When collisions between cars and motorcycles do occur, the riders may find that the deck is stacked against them when it comes to motor vehicle laws in Providence.

On the road, it is very common for drivers not to take the time to look for motorcycles that could be passing by. To add to this lack of responsibility, there is a wide perception in both the social and legal context that motorcyclists play an active role in any accidents they are involved in. Although this perception may seem like a factor that you would have no control over – having an experienced motorcycle accidents attorney is vital if you want to receive full compensation for your injuries.

The legal term that translates to blaming the motorcyclist for the accident is called “pure comparative fault.” What this means is that if the defense proves that you were partially to blame for the accident, then the court will only give you partial compensation. For instance, if it is determined that you are thirty percent at fault, then you will receive only seventy percent of the total compensation. Although no one wants reduced compensation, this is especially damaging to motorcyclists where compensation is needed to cover extensive medical bills and motorcycle damages.

In order to contest “pure comparative fault,” you and your attorney would need to indicate that opposing counsel cannot prove beyond reasonable doubt that you were partially at fault.  It can be done by emphasizing that the car driver was completely negligent and therefore caused the accident. One of the many factors that can be used to prove negligence includes speeding or driving while under the influence.

Despite the bias against motorcyclists, there is a way to succeed. With a Providence motorcycle accidents attorney, you can get the compensation that you deserve.