How A Car Crash Lawyer Rhode Island Trusts Helps With Settlement Negotiations

Victims of accidents typically hire attorneys to have an experienced individual negotiating on their behalf. A good attorney will certainly do that – but hammering out settlements is far from being all they do. In negligence cases, attorneys do some of their most critical work long before insurance company negotiations begin. Preparation is key, and an experienced attorney will get ready for settlement negotiations by:

• Investigating the scene of the accident
• Gathering evidence
• Speaking with experts
• Performing due diligence to understand what kind of insurance company they’re dealing with

How They Navigate The Negotiating Process

The settlement negotiation process is typically initiated when an accident victim or their attorney sends a demand letter to the at-fault party (or their insurance company). This letter sets the baseline for how settlement negotiations will start, so an attorney will typically request the insurance policy’s maximum limit. Since insurance companies are aware of how desperately many accident victims need money for their medical bills and lost wages, the insurance company may take weeks or even months to respond. If they respond quickly, it typically comes with specific demands. Experienced lawyers will anticipate these demands and spot any bad faith items.

Strengthening Negotiations With Evidence

Settlement negotiations are taken by insurance companies much more seriously when supported by solid evidence. Insurance companies often will come up with their own evidence to justify lowball offers. For example, if you had any preexisting medical conditions when being injured in a car accident, the insurer may claim that the injuries were tied to your preexisting condition and that your demands for compensation are too high. An experienced personal injury attorney should anticipate this move and enter negotiations with countering evidence from experts. 

Securing The Best Settlement For You

A personal injury attorney with a reputation for winning often can secure generous settlement offers simply by threatening to file lawsuits against the insurance company. Most insurance companies would prefer to negotiate with a professional rather than enter an unpredictable, expensive litigation process. Having a well-established personal injury attorney on your side negotiating your settlement will make all the difference.

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When you have a car crash lawyer Rhode Island residents trust negotiating on your behalf, insurance companies are much more likely to give you the compensation for your injuries that you deserve. If you or somebody you love was recently injured in a car accident, call Tapalian Law to schedule a consultation with a top Rhode Island car accident attorney today.

To make things even more complicated, assuming that the other driver is solely at-fault is not always the way to go. Insurance companies and courts in Rhode Island play by a comparative negligence system when establishing how much each driver is required to ante up. 

What To Know About Comparative Negligence and Your Personal Injury Claim

As Rhode Island and Delaware are both comparative negligence states, it is essential for anybody who is thinking about filing a personal injury claim to have a basic understanding of how this concept works. Here are the basics of comparative negligence and what you should understand:

What Is Comparative Negligence?

Comparative negligence in terms of a personal injury accident refers to the fact that fault may rest on more than a single party. For example, even though a vehicle rear-ended you, you may still be partially at fault because you pulled out without checking both ways first or changed lanes suddenly without signaling. This means that you have contributed to the accident in some way and the court may not rule entirely in your favor.

How Might Comparative Fault Apply To Me?

If you file a claim with your insurance company in a state with comparative fault, an insurance evaluate all aspects of the case and then allocate the amount of negligence each person is responsible for depending on the driver’s role in the accident. This means that if any other contributing factor – such as intoxication or distracted driving – was involved, they will be accounted for no matter WHO the driver is. So if you T-bone another person’s car, but that driver was drunk, then they may still be found to be partially at fault for the accident. While there is a chance of the adjuster dividing the fault equally, there is typically some measure of comparative negligence placed on even the plaintiff here in Rhode Island. This may amount to 1 percent in certain situations, meaning that a plaintiff often ends up recovering only 99 percent of his or her damages from the defendant. 

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How does this impact you? If you get into an accident, it’s important to remember that even if you’re the one who suffered most of the damage, both the adjuster and the court may end up finding you partially at fault, so you will not get a hundred percent of the money paid out for damages. This makes it even more imperative to speak to an attorney when you get into an auto accident. Call Tapalian Law to consult with an experienced Rhode Island personal injury attorney today.

Why are Medical Records Important in a Personal Injury Claim?

We know that medical records are one of the most vital pieces of evidence in any personal injury claim, but why? Because your medical records establish a direct correlation between the accident and your injuries. They document the extent and detail of damage that occurred in the accident, when they took place, how they were caused, and medical treatment received for these injuries. The records show a clear picture of the extent of the harm you incurred and how it has affected your well-being from a medical point of view. They also help to add a more precise monetary component when your personal injury lawyer files a request for compensation and/or negotiates a settlement with the opposing insurance company.

Can a Lack of Medical Records Harm Your Personal Injury Claim?

While comprehensive medical records certainly benefit your personal injury claim, spotty medical records lacking in detail or showing large gaps in treatment can work against you. Without solid documentation of your injuries and treatments undertaken, it will be much more difficult for your lawyer to present a strong case and show proof of the harm you incurred. As a result, weak or lacking medical documentation can negatively impact the amount of compensation you are awarded for your injury claim. It can largely undermine the credibility of your claim by serving as a significant counter to any of the defense’s attempts to lessen the severity of your injuries. Without accurate and comprehensive medical records, it can become extremely difficult to prove the validity of a claim and get you the compensation you may be legally entitled to for the injuries you sustained. 

Contact an Experienced Rhode Island Personal Injury Attorney

Following an injury, always seek prompt medical attention. Follow your physician’s recommendations and maintain copies of your medical records and medical bills. At Tapalian Law, our personal injury law team always urges people to seek medical treatment after any type of injury, regardless of the severity. Most importantly, it can be crucial to your health, especially if someone is experiencing a potentially life-threatening injury like internal bleeding, which may go undetected if not properly diagnosed and treated by a medical professional. Secondly, if someone else is found negligent for your damages, seeking medical treatment right away helps to build a strong foundation from the beginning as medical records play a critical role in the outcome of a personal injury case. With over two decades of experience focused on helping victims of car accidents, motorcycle crashes, slip and falls, and other types of injuries throughout RI and MA, our professional legal team is ready to help you. If you or somebody you love was injured due to another party’s negligence, call Tapalian Law at 401-552-5000 to consult with a personal injury lawyer today or email our Providence office to schedule a free consultation.

Damages You May Be Entitled To After A Pedestrian Accident 

If you were injured in a pedestrian accident, you have the right to pursue legal action to demand compensation for various damages. Some common types of pedestrian accident damages that you may pursue include:

• Any past or future wages lost – You may recover past wages lost while recovering from the crash, along with potential wages lost if your long-term earning capacity has been diminished
• Past and future medical expenses – Any treatment expenses incurred as a result of your injuries from the collision, such as hospitalizations, surgeries, medications, therapies, devices, rehabilitation, and at-home care
• Pain and suffering – The mental, physical, and emotional anguish incurred by injuries from your crash
• Lost property – Costs to repair or replace damaged property like canes, glasses, shoes, etc.

How Fault Is Determined

Like with motor vehicle crash personal injury claims, liability must also be determined for personal injury claims in a pedestrian accident. Insurance companies are notorious for only watching out for their own checkbooks and trying to avoid liability in order to pay out the least amount possible. Even before you get to court (if you do get there), you will need significant amounts of evidence to present to establish who is at fault, and it may be a murky area. For example, if someone gets hit stepping off the curb when there are cars clearly whizzing by in a close proximity or going too fast to stop in time, the motor vehicle may not end up being held liable for the collision. The pedestrian may be found comparatively negligent, and the insurance company may not pay out.

What does this mean? Massachusetts and Rhode Island are comparative negligence states, which means that even if the pedestrian contributed to the accident, they may still be entitled to compensation – as long as the pedestrian is deemed to be less than 51% at fault. If the pedestrian was 51% or more responsible for the accident, then they lose their right to recover compensation. 

How A Lawyer Can Help Your Pedestrian Accident Claim

The insurance company will try everything in their power to pay out as little as possible, even if you’ve been paying your premiums faithfully for years. An experienced personal injury lawyer’s job is to get you the optimal settlement you are entitled to. Some ways a personal injury lawyer can help include:

• Ensuring your doctors ordered the appropriate tests
• Gathering all necessary evidence for your case
• Advising you on every component of your claim 
• Negotiating with insurers on your behalf
• Helping you navigate the court system
• Representing you in court if a settlement fails to be reached

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Pedestrian accidents can be devastating and difficult to recuperate from. If you or somebody you love was injured in a pedestrian accident, call Tapalian Law to consult with an experienced personal injury lawyer today.

Why Medical Records Are Critical In Building A Personal Injury Claim

• To establish the basis of the claim: Personal injury claims are built on medical records. They offer a comprehensive account of the sustained injuries and substantiate the severity and existence of the injuries, which is what the claim is built on. Without proof that the injuries were caused by your accident, and what those injuries were, it becomes extremely difficult to directly link the accident and the resulting injuries, and the other side may claim that your injuries were sustained from another cause or that they were not as severe as you say.
• To validate the claimant’s narrative: Medical records are an objective record of your medical history, lending credibility to your narrative by providing independent verification of reported physical problems, pain levels, and limitations. This can be used by your lawyer to strengthen your position in litigation or negotiations. If you have medical records from multiple healthcare providers (i.e the ER room doctor, your primary physician, and a physical therapist) provides corroborating evidence to add to the validity and credibility of your claim.
• To prove the extent of damages: Medical records are critical for demonstrating the severity of damages a claimant has incurred. This includes both the immediate medical expenses and the potential long-term ramifications like ongoing rehabilitation, medical treatment, and loss of earning capacity. Medical records paint a clear picture of the physical and financial consequences of the injuries so that economic and non-economic damages can be evaluated.
• To counter the defense: Defendants and their insurers in personal injury cases may try to discredit the claimant’s case through raising questions about the causation or severity of the injuries. Comprehensive medical records are critical to countering these tactics by offering concrete evidence of your injuries and their severity in the face of disputes that the defense tries to raise. If necessary, expert testimony from a medical professional can help support your claim.
• To facilitate negotiations and litigation: Medical records play a central role in shaping the outcome of cases during settlement negotiations or courtroom proceedings by giving your legal team leverage to negotiate from a position of strength. Your attorneys use solid medical records to advocate for the maximum amount you are legally entitled to. If the case goes to litigation, medical records can be exhibited in court when judges and juries are assessing the extent of the injuries and resulting damages.

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Medical records play a critical role in the outcome of a personal injury case. If you or somebody you love was injured due to another party’s negligence, call Tapalian Law to consult with a personal injury lawyer today.

• Slip and fall/premises liability accidents
• Car accidents/Motor vehicle accidents
• Workplace injuries/workers compensation accidents
• Construction site accidents
• Medical malpractice cases
• Cases involving nursing home abuse and neglect
• Product liability cases
• Dog bite cases
• Wrongful death cases

What Is Negligence?

Negligence is a legal concept within the law of torts. For example, if somebody did not exercise “reasonable care” in a situation and it caused somebody harm, that person or party would be “negligent.” The party filing the suit and claiming damages is known as the plaintiff, and the party they are bringing the claim against is the defendant. There are no findings of “guilt” or “innocence” like in a criminal case, but rather the establishment of negligence and liability. 

Negligence Is Comprised Of Four Elements

The four elements of negligence must be proven by the plaintiff before a defendant can be found liable for the damages they are bringing against them. In order to successfully win a Massachusetts personal injury case, the plaintiff must be able to prove the following to the jury or judge:

• The defendant they are suing owed them a specific legal duty
• The defendant failed to carry out that specific legal duty
• This breach of their legal duty resulted in the event that caused the plaintiff harm
• That the plaintiff suffered harm directly due to this event

What Is Liability?

A party is found “liable” when they are held legally responsible for an action. A defendant in a civil case only risks liability rather than guilt. The party may be held liable depending on their own inactions or actions. They may also be held liable for the actions of animals or people that they are legally responsible for. If found liable, the person or party is often required to pay monetary damages, or in rare circumstances be mandated to complete specific acts.If multiple parties are legally responsible for the same thing, the amount of individual responsibility rests on whether or not the state follows several liability or joint and several liability laws. Massachusetts is a joint and several liability state, so if for example somebody suffered $100,000 worth of harm from the negligence of two separate parties, they may recover the entire sum of $100,000 from either negligent individual. 

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Understanding the role that negligence and liability play in civil cases is essential to move forwards with your personal injury lawsuit. If you or somebody you love was injured due to somebody else’s negligence, you need an experienced personal injury lawyer on your side to get the optimal outcome for your case. Call Tapalian Law to consult with a personal injury attorney today.

Components That Impact the Viability of a Personal Injury Claim

Though a lot of personal injury claims appear similar on the surface, no two cases are exactly the same. For example, Attorney David Tapalian and his Rhode Island personal injury team handle multitudes of car accident cases on a daily basis. We may encounter two auto accidents that both involve head-on collisions with a drunk driver, yet that’s where the similarities end. Each case is extremely different and due to this fact, it’s crucial your personal injury attorney examines your individual case thoroughly in order to give an educated prediction of its likelihood of success when it comes to damages and liability. Some main factors we assess that can affect the outcome of your injury claim include:

• How severe your injuries are: The severity and extent of the injuries incurred in the accident directly correlates to the amount you’ll be able to recover in medical expenses as well as your ability to sue for non-economic damages like pain and suffering. In order to raise your likelihood of recovering the full amount you deserve, it’s imperative to strictly adhere to your doctor’s recommendations for care and recovery. Your medical team will keep a thorough record of your injuries and their impact on your day-to-day life. It’s essential to document – both through medical records of doctor’s and other medical provider’s appointments and your own photographic evidence – the ways your injuries hinder your life.
• Expert testimony: Having an expert or two on your side, such as a medical professional, can be a huge deciding factor in your case. In addition to your personal injury lawyer, these experts can explain and help further prove to the judge and jury the mechanics of the accident and your injuries. Plus, they can help you prepare against the impact of expert testimony the defense presents.
• Non-expert witnesses: Testimony from friends and family members can be crucial in illustrating damages and liability as well by painting a picture of how your life has been impacted by the accident and resulting injuries.
• Proving comparative fault: In Rhode Island, the fault laws are pure comparative fault, which means that even if you are partially at fault for the accident, you may be able to recover compensation for your injuries. However, the amount awarded correspondingly increases or decreases depending on the amount of fault that you are assigned. As expected, the lawyers for the insurance company of the driver responsible for your accident will make every attempt to try to lessen the amount of fault for which their insured is responsible. Therefore, preparing counter arguments to these attempts to lessen fault is essential to getting the maximum amount of money you deserve for your losses.

Contact a Rhode Island Personal Injury Attorney at Tapalian Law Today

In addition to these significant contributing pieces, there are a range of other factors that can potentially impact the way your personal injury case turns out. Depending on the full details, these facets can have a minor, or major, impact on your personal injury claim. Therefore, it’s crucial to work with an experienced injury lawyer in Rhode Island such as David Tapalian, who will closely examine all of these components in order to optimize your outcome, and minimize your risk, with a detailed plan. Our skilled personal injury team will analyze your case by gathering and evaluating evidence, speaking with witnesses, and taking additional measures to assess your potential outcome for a successful legal claim. Call the Rhode Island personal injury team at Tapalian Law at 401-552-5000, for a free consultation today.

Proving A Personal Injury Case Involving A TBI

Traumatic brain injuries, or TBIs, unfortunately wreck havoc on the lives of millions of people every single year. Brain injuries are catastrophic in nature; even “mild” head injuries can result in significant consequences for your health. At Tapalian Law, we have seen many personal injury cases that involve TBIs as a result of slip and fall accidents, traffic accidents, and workplace accidents. TBIs often involve the following factors that make recovery so difficult:

• Mild or severe memory loss, sometimes permanent
• Blunt force trauma, whiplash, concussions, bleeding, or brain swelling
• Becoming unconscious for anywhere between a few seconds to days or much longer
• Vision impairment, blindness, or inability to open your eyes
• Impaired speech functions, including difficulty speaking, forming words etc.
• Changes in personality or cognition
• Loss of motor function and various types of paralysis

Part of the reason TBIs are so devestating is because they typically require intensive (and expensive) medical treatment and often long-term care. The bills may be mounting quickly, and you may be left wondering what to do- especially if you’re the person who was injured and unable to work as a result of your injury. To seek compensation for the financial and emotional repercussions of your injury, you may choose to file a personal injury lawsuit against the person (or entity) responsible for your injuries. However, in order to do so, you’ll have to establish the following:

• The party(s) responsible for your injury owed a duty of care and failed to meet said duty
• Personal harm or injury was the result of this breached duty of care
• Their actions directly resulted in your injuries

Navigating Trauma With Compassion

At Tapalian Law, we understand that brain injury cases are so much more than nausea, headaches, or even just the accumulation of significant physical symptoms. Often, your entire personality can be altered, changing the way you interact and relate to your family and friends. Sometimes huge portions of your precious memory and life can be completely wiped clean. To hold those responsible accountable and get you the compensation you deserve, you need an experienced personal injury attorney on your side who understands what you’re going through and with a track record of helping victims of suffering like you. Call Tapalian Law today to consult with a top Rhode island personal injury lawyer with a proven track record of working with TBI victims and get the compensation you are legally entitled to.

What Does a Motorcycle Accident Attorney Actually Do?

While the first picture that comes to mind with the word “lawyer” is “court,” an experienced motorcycle accident lawyer does much more than that- a dedicated personal injury lawyer becomes your counselor, advocate, and guide through the complicated, often daunting labyrinth known as personal injury law. A Rhode Island motorcycle accident attorney from Tapalian Law will labor to make sure that you get the optimal outcome for your motorcycle accident claim.

Our firm is dedicated to providing the best legal representation possible for motorcycle accident victims and other victims of personal injury throughout RI and MA such as those hurt in car accidents, truck accidents, or other vehicle accidents like bicycle, scooter, or moped crashes. We help our clients get the maximum compensation they deserve from the insurance companies representing the party, or parties, responsible for their damages.

Services Motorcycle Accident Attorneys Provide

Motorcycle collisions often result in such significant injuries due to a lack of barrier between the rider and the external elements, which is why it’s crucial to consult with a personal injury lawyer as soon as possible. When you work with our firm, we will be with you every step of the way from the moment after the crash until an optimal settlement is given, helping you by:

• Thoroughly investigating the accident scene
• Analyzing police reports and collecting any other necessary evidence
• Ensuring you get the appropriate medical treatment
• Getting second opinions from medical and legal professionals
• Keeping an open line of communication regarding every aspect of your motorcycle accident claim
• Negotiating with the insurance companies on your behalf
• If necessary, representing you in court.

Partners In Your Journey Towards Justice and Compensation

We don’t look at ourselves as just motorcycle accident lawyers, but partners in your journey towards justice and compensation who have a real-life stake in whether or not you win the compensation you deserve. Not convinced? Here are some concrete ways Tapalian Law can add value to your motorcycle accident case:

• Deep knowledge of motorcycle law: With hundreds of cases under our belt and over two decades spent focused on the practice of personal injury law, we know the nuances specific to motorcycle law in Rhode Island and Massachusetts – which is not the same as auto accidents
• Dealing with your insurance company: We will negotiate with your insurer on your behalf in order to get the maximum payout (remember that insurance companies are always trying to pay the smallest sum possible)
• Representation in court: While this is not as common, if the case does go to trial, you know that you have robust legal representation you can depend on.

Contact Tapalian Law Today

Motorcycle accident victims are not just numbers on a balance sheet for us, like they are to insurance companies. Our law firm has built a trusted reputation through putting the client first at every turn and providing a personalized, individual approach to each motorcycle case that comes our way. We offer a free consultation and receive no payment until you are awarded compensation for your injury claim. Contact Tapalian Law at 401-552-5000 to consult with a top motorcycle accident lawyer in Rhode Island today.

What is a Wrongful Death Claim?

A wrongful death claim is a type of legal action that may be initiated when a wrongful act or negligence of another party resulted in somebody’s death. For example, a parent may file a wrongful death claim if they lost a child in a car accident caused by a drunk driver. In Rhode Island, according to R.I. Gen. Laws § 10-7-1, this act, neglect, or default that led to the death must be classified as a type of action that would have allowed the deceased person to file a personal injury claim for damages had they survived. The type of action that led to the death may be based on negligence, like an auto accident, medical malpractice, or an intentional harm, like a crime. The estate or certain family members (spouse, child, parent) of the deceased can file a lawsuit and potentially be awarded a monetary settlement for damages against the party legally liable for the death. The essential aspects of a wrongful death claim are:

• The death of a person as the result of another party’s wrongful act or negligence.
• Surviving family members who are suffering financial losses due to the passing of their loved one.
• The deceased’s estate appointing a personal representative.

How a RI Wrongful Death Attorney Can Help You

At Tapalian Law, our legal team will treat your wrongful death claim with the compassion you deserve. You can rest assured that your case will be handled effectively and in a timely fashion and we will support and guide you throughout the entire process. Here’s what we can do for you:

• Help you understand the complexities of wrongful death law.
• Ensure all the paperwork is filed in the appropriate manner and on time.
• Thoroughly investigate the case and collect evidence to support your claim and determine fault.
• Negotiate with insurance companies on your behalf so that you get the compensation you are legally entitled to.
• If no settlement can be reached, we can represent you in court and fight for the justice that you and your loved one deserve.

Lawsuits can be extremely stressful, and wrongful death claims are particularly complicated and emotionally involved. Dealing with the legal process while mourning the loss of somebody so close to you can be emotionally taxing and overwhelming. Our Rhode Island wrongful death lawyer understands how difficult it is to lose a loved one and will support you every step of the way and ensure you and your family get the compensation you deserve.

Contact Tapalian Law Today

As with personal injury claims, there is a statute of limitations for filing a wrongful death claim, and if the claim and ensuing paperwork isn’t filed by the appropriate deadlines, you may be ineligible to seek compensation, or your case may be dismissed. It’s crucial to seek legal advice as soon as possible to preserve the integrity of your claim. Attorney David Tapalian provides a free consultation to evaluate your case, explore your options, and help you decide what your next best steps are. Our skilled legal team will answer any questions you may have and give you a better understanding of how to proceed with your case. To speak with an experienced wrongful death attorney in RI and MA, call Tapalian Law at 401-552-5000 or use our simple online form to book your free consultation.

How is a TBI Diagnosed?

When a doctor or medical provider order TBI testing for a potential brain injury, for instance after a motorcycle crash, various components are used to make a diagnosis. TBI tests refer to the series of imaging tests and medical examinations that healthcare providers conduct in order to evaluate the presence and severity of a traumatic brain injury. These tests include everything from initial physical examinations to more complex imaging tests like Computerized Tomography (CT) scans and Magnetic Resonance Imaging (MRI).

TBI Tests Initial Physical Examination

The first test that a person undergoes when they are treated for a suspected head injury is typically the Glasgow Coma Scale (GCS), which evaluates the ability of the individual to move their eyes, follow directions, and speak in a comprehensible manner. The higher the score, the less severe the TBI.

Imaging Tests for TBIs

After the initial examination, the doctor may order imaging tests such as CT scans to get a more thorough view of the brain and pinpoint any internal issues such as brain tissue swelling, brain tissue bruising, skull fractures, or blood clots. MRI scans are also commonly used to identify more subtle damage to brain tissue that can happen with milder TBIs. To gain deeper insights into the injury, more advanced techniques such as Susceptibility Weighted Imaging (SWI) and Diffusion Tensor Imaging (DTI) may be used.

Additional Testing

Healthcare providers may also run blood tests to search for specific biomarkers that indicate brain tissue damage. The person’s motor function, balance, reflexes, coordination, and sensory function may be assessed through neurological exams. If the TBI is more severe, the doctor may need further specialized tests or even surgery to get a comprehensive diagnosis.

How Long Does A TBI Test Take?

The duration of testing for a TBI depends greatly on the severity of the injury as well as the kinds of tests that the doctor orders. While initial examinations like the GCS only take a few minutes, certain imaging tests like MRIs and CT scans can take anywhere from 15 minutes to an hour. It will likely take additional time for the tests to be interpreted and various medical providers consulted to form the most accurate diagnosis. Further testing may still be required if certain aspects need further clarification.

Documenting Your TBI

As with any type of injury, it’s important to document your TBI and maintain proper evidence of your testing and treatment should you have a personal injury claim. If the accident that resulted in your brain injury was a result of negligence by another person, for instance an intoxicated motorist recklessly crashed into your car from behind, seek legal advice right away. An experienced personal injury attorney will discuss your accident and determine your eligibility to file a personal injury claim to seek compensation. In order to prove fault in your Rhode Island personal injury claim, you will need to prove the extent of your injuries so be sure to document your symptoms, undergo the required TBI tests, and consistently keep an open line of communication with your medical providers regarding your condition. Keeping a file of all the medical documentation, including proof that you immediately sought treatment and reports from your imaging tests as well as any other evidence of your TBI is essential.

Contact a RI Personal Injury Lawyer for Your TBI

If you have suffered a TBI or any type of head injury, it’s crucial to immediately seek medical attention. Whether the injury was a result of an incident on the job, a vehicle accident, a slip and fall, or other type of harm, properly document all evidence and proof related to your injury. Call Tapalian Law to speak to a personal injury attorney about your traumatic brain injury, for free, and plan your next steps today. Reach our Providence injury firm at 401-552-5000, or contact us online to set up your free consultation.

Insurance companies have teams of lawyers and adjusters on retainer looking after their own bottom line. So should you. That’s why it’s so important to even the playing field by recruiting an experienced Rhode Island personal injury lawyer on your side. Still not sure about hiring legal representation? Here are some reasons why you should consult with a lawyer in order to ensure the optimal outcome of your personal injury claim in RI or MA.

How An Experienced Personal Injury Attorney Can Help Your Case

• Assist with an optimal outcome: An experienced lawyer will know the ins and outs of each aspect of your case and thus make sure you get the money you are entitled to. There are a huge range of personal injury lawsuits, and dealing with your accident is difficult enough- it’s unlikely you have the time or experience to thoroughly research the situation and find out what you deserve.
• Navigating the legal system: The legal system is extremely convoluted and requires years of study to understand the procedures, timelines, and requirements for each individual case. At Tapalian Law, Attorney David Tapalian and his injury team are intimately familiar with the court procedures, statutes, judges, and appellate rulings that impact your case in Rhode Island, and assist you with navigating each step of the process. They will guide you through your compensation claim so you know how to best proceed.
• Expectations for compensation: It’s a personal injury lawyer’s job to know exactly what damages you are able to recover from your specific case so you don’t miss out on compensation for pain and suffering or missed pay that you may be entitled to. They will fight to make sure you are offered a fair settlement commensurate with your injuries.
• Filing the right paperwork at the right time: One of the most critical tasks after an accident is to obtain all the right papers and file them on time. Missing a deadline can mean losing your chance to seek compensation. Your legal team will help you gather all of the necessary documents, thoroughly evaluate them, and make sure you have all the paperwork necessary to demonstrate your medical treatment as well as ensure its filed on a timely basis.
• Getting a fair settlement: Remember how insurance companies are always looking out for their bottom line? Your accident attorney will look out for you and make sure insurers are not lowballing you with the settlement. They will know exactly how much you should be getting in your individual situation and negotiate with the insurance company to get what you deserve.
• Contingency fee basis means you don’t pay unless you win: If you’re wondering whether or not you can afford a personal injury lawyer, rest assured that they are motivated to win your case because they don’t get paid unless you get paid! At Tapalian Law, our Rhode Island personal injury firm works on a contingency fee basis, meaning that our fee comes out of the sum you win from your settlement. If we don’t win your case, we don’t get paid.

Contact a Personal Injury Attorney in Rhode Island Today

If you were injured in any type of motor vehicle accident– car, truck, motorcycle, or hurt in a workplace accident, by a missed medical diagnosis or other harm, consult with an experienced personal injury lawyer as soon as possible to protect your legal rights and ensure the optimal outcome for your case. Attorney David Tapalian has successfully helped hundreds of clients throughout Rhode Island, Massachusetts, and Florida for over 20 years. Call Tapalian Law’s Providence RI office at 401-552-5000, or book your free consultation online to discuss how we can help you. Our skilled legal team is available 24/7 including evenings and weekends to discuss your claim and answer your questions or concerns.

Why You Should Hire A Personal Injury Attorney

When you’re making the decision to hire a personal injury lawyer, you need to consider a few factors of your case, including:

• How severe your injuries are
• The state in which the accident happened
• The at-fault party’s insurance company

In cases where you’ve suffered serious injuries or the at-fault party’s insurance company is being unreasonable right off the bat, it’s fairly obvious that you’ll require a personal injury lawyer. In other situations, it may be less of a clear-cut decision. However, initial consultations regarding personal injury cases at Tapalian Law are completely free- and the attorney will evaluate your situation and help you decide whether or not hiring a lawyer is in your best interest. 

When you get into an accident, an insurance adjuster will typically reach out to you immediately following 

After an accident, you will likely be contacted by an insurance adjuster representing the at-fault party. It is important to know that insurance companies are not always on your side because their goal is to settle your claim for as little money as possible. If you don’t have a personal injury lawyer with you, the insurance company will likely pressure you into accepting a settlement much lower than you deserve.

Since Florida has a no-fault system, the accident victim must file a personal injury claim with their insurance company first to avoid a potential personal injury lawsuit. The good news is that an experienced personal injury lawyer will level the playing field and ensure that you are fairly compensated for your injuries.

If you’re not sure whether or not you need a personal injury lawyer, you can always schedule a free consultation with Jared. During the free consultation, the personal injury attorney assigned to you will evaluate your case and help you decide on the best course of action to take.

Is it worth hiring a personal injury attorney?

Every personal injury case is different and the value of each case depends on a number of factors. Some people assume that they only need a personal injury attorney in severe cases that end up in court. However, an experienced personal injury lawyer from Jared’s law firm will be able to get you a much higher settlement than you would likely receive on your own, even if your case doesn’t go to court.

If you sustained minor injuries in the accident, you may feel that you don’t need the assistance of a personal injury lawyer. But if you sustained serious injuries, hiring a personal injury attorney should be a priority.

Additionally, because each case is different, complications can arise during the legal process. For instance, a medical malpractice case may take years to settle and may require expert testimony. Another example is a car accident case – your injuries may not manifest immediately after the accident and your medical bills will begin to pile up without you noticing. In these types of cases, it is definitely worth talking to Jared Spingarn, Accident Attorney to handle your case.

In addition, a personal injury attorney will handle all the paperwork and negotiations for you so that you can focus on recovering from your injuries. If you try to settle your personal injury case on your own, you will likely have to deal with a lot of paperwork and phone calls with the insurance company. This can be very stressful, especially if you’re still trying to recover from your injuries.

Regardless of the impact of the accident, it is recommended to hire the right personal injury lawyer to guide you through the legal process. Hiring a personal injury lawyer will also give you peace of mind, knowing that someone is on your side.

So, yes, hiring a personal injury attorney is generally worth it because they will fight for you to get the best possible outcome for your case. The assurance and peace of mind that you will receive are worth so much more than the legal fees you will be paying a good personal injury lawyer.

If you’re looking for a personal injury lawyer in Hallandale Beach, look no further than hiring the services of Jared Spingarn. His team of experienced personal injury lawyers will fight to get you the compensation you deserve. Their experience in handling all types of cases will also help build a healthy attorney-client relationship. Contact their law firm today to schedule a free consultation for your personal injury case.

When to Get a Personal Injury Lawyer

If you’ve been injured in an accident, it’s important to get legal representation as soon as possible. The sooner you hire a personal injury lawyer, the sooner they can begin working on your case. In some cases, you may only have a limited time to file a personal injury claim, so it’s important to get started right away.

In Florida, the statute of limitations for personal injury cases is four years from the date of the accident. This means that you have four years to file a claim for damages including medical bills and lost wages. If you don’t file within this time frame, you may be barred from seeking compensation.

There are some exceptions to the statute of limitations, so it’s important to discuss your case with an experienced lawyer. For example, if the at-fault party is a government entity, you will have a shorter time frame in which to file a claim.

How to Hire a Personal Injury Lawyer

When searching for a personal injury attorney, it’s important to look for someone with experience handling similar cases. Doing your research on personal injury lawyer hiring is crucial to finding the best one for the job.

There are many personal injury law firms that have a background in handling personal injury cases. However, you must be sure that the law firm you choose has experience with your specific type of case. This will matter because each type of accident has its own set of laws and regulations.

When you meet with a personal injury attorney, be sure to ask how many cases they have handled like yours and what the outcomes were. You should also inquire about the lawyer’s experience in taking cases to trial. If your case does go to trial, you’ll want a lawyer who has experience facing a judge and jury. Here are a few tips on hiring a personal injury attorney for your insurance claim or personal injury lawsuit.

Get referrals.

Referrals from people you trust are important to consider when selecting between several law firms. Once you have a few referrals, do your research on the lawyers to be sure they have experience with the type of accident you were involved in and that their cases had positive outcomes.

Read client reviews.

Do an online search for personal injury attorneys in your area. Most personal injury lawyers have websites where you can see how they work. Read reviews from previous clients to get an idea of how a law firm’s personal injury lawyers work. These reviews will also help you get a feel for how the law firm treats its clients.

Check credentials.

Make sure that the personal injury attorney you’re considering is licensed to practice law in your state. You can also check to see if the lawyer has any disciplinary actions against them.

Schedule a free consultation.

Most personal injury attorneys offer free consultations, so take advantage of this to get to know the lawyer and how they work. Be sure to ask questions about their experience, how they will handle your case, and how much are their legal fees. At the law firm of Jared Spingarn, P.A., you can get a free consultation with no strings attached. Jared’s team of personal injury lawyers is always ready to accommodate clients to help them get the personal injury settlement they deserve.

Conclusion

Knowing how to hire a personal injury lawyer is important if you’ve been in an accident and are considering filing a personal injury claim. It’s also important to know when to get a personal injury lawyer, as there may be time limits on how long you have to file a claim.

If you’re unsure of how to proceed with your case, contact an experienced personal injury attorney in your area. In Hallandale Beach, Jared is a personal injury attorney that offers free consultations. No matter how complex your case may be, Jared’s team will fight to get you the best possible outcome.

• Your legal rights as a victim.
• Proving negligence to claim compensation.
• Steps to take if you sustain injuries from a slip, trip, or fall accident at a store.

What Is a Slip and Fall Accident?

Slip and fall accidents occur frequently and take place when a person experiences a slip, trip, or fall, caused by a contributing factor or condition, that results in injury. Common causes of these injuries in stores are uneven surfaces, wet or slippery floors, cluttered walkways, broken steps, or poor lighting. Something as simple as a doormat with worn out, curled up edges at the entrance to a grocery store, can easily cause a customer entering the premises to trip on the edge of the mat and fall. These types of falls can end up causing severe injuries, from simple sprains to broken bones and spinal cord problems. Falls can be especially detrimental to certain populations, including the elderly. When a person is hurt in Rhode Island as a result of negligence, such as a store owner failing to maintain proper care of their premises and allowing a potential hazard like a worn-out mat, the injured person may be eligible to file a personal injury claim to hold the store liable for their reckless actions. As a Rhode Island slip and fall attorney, David Tapalian has helped clients injured in Providence and throughout RI and MA, hold negligent store owners responsible for their negligence. Property owners, including store owners, are responsible for maintaining safe premises for their patrons and a failure to do so that results in an injury can prove costly.

Legal Rights in A Store Slip and Fall Accident

You may be eligible to file a personal injury claim against the property management or store owner for damages incurred if you suffered a slip and fall accident in a store as a direct result of the owner’s negligence. Examples of negligence include not providing adequate, visible warnings of potential hazards and failing to maintain a safe shopping experience. Store owners, or premises owners including national chains, have a legal duty to maintain a safe shopping environment and keep their customers safe while they’re on the property. This duty of care is known as premises liability. If a customer suffers an injury directly as the result of a hazardous condition on the premises of the store, a slip and fall lawyer may file a claim on their behalf to hold the property owner liable for the injuries and damages incurred.

Avoiding Personal Injury Cases as A Business Owner

Store owners must take appropriate measures to ensure their property conditions are safely maintained to avoid dangerous accidents, and potentially expensive personal injury claims. Common preventative measure may include regularly inspecting the premises for potential hazards, providing adequate lighting, and putting up easily visible warning signs where slip and fall incidents could potentially occur, such as a floor transition. If an incident unexpectedly occurs, such as a spill, the property owner must effectively manage the situation right away.

For example, if a glass container breaks and spills in a grocery store aisle while a clerk is unloading a delivery, the clerk should stay with the spill to ensure that customers are aware of the danger and keep their distance and call another worker to bring over the mop to clean up. Once the spill is cleaned and the floor is washed, the worker should place a clearly visible “wet floor” sign to alert customers to a potentially dangerous slippery floor until the area is deemed safe.

If you’ve been involved in a slip and fall incident in a store in Providence or elsewhere in Rhode Island or Massachusetts, it’s critical to report the incident to the manager right away and immediately speak with a slip and fall injury attorney to protect your legal rights and determine your eligibility to file a personal injury claim to seek compensation for your damages.

Establishing An Injury Claim

The injured customer must prove beyond a reasonable doubt that the store owner did not exercise reasonable care in maintaining the property, leading to the harmful condition. They must then prove that the condition was what directly resulted in their injuries. An experienced slip and fall injury lawyer will do this by gathering evidence related to the incident including medical reports and bills, witness statements, photos, store surveillance videos, and more. of the scene, etc. which is where an attorney can help.

Contact Tapalian Law Today

Accidents happen unexpectedly, even to the most cautious people. If your accident was the result of the negligence of a store owner who failed their duty of care, you may be entitled to compensation. If you were injured in a slip and fall accident, call Tapalian Law at 401-552-5000, or contact us online to consult with an experienced personal injury attorney today for free.

When Surgery is Recommended

When receiving treatment after an injury you suffered in an accident, your doctor will recommend a plan of care. A number of factors will be accounted for when advising what medical care options are best now, and potentially in the future. Depending on the type of injury and what body part is affected, surgery may be recommended by your physician. If the injury was a result of negligence, like an auto accident or motorcycle crash, the insurance company’s medical opinion will also be taken into consideration. The insurance company representing the at-fault party will consult with their own team of medical experts to make recommendations based on what is in the best interest of protecting the company and assessing liability. Sometimes surgery will be the most effective option, however there may also be alternative methods of care to consider, like physical therapy, although not all medical professionals will take these into consideration or discuss them with the patient.

Medical providers may be quick to recommend a surgical procedure over alternate routes of treatment, as some providers have a financial incentive from the insurance companies. This benefits the insurance company by allowing them to obtain a quick solution and close the personal injury claim, therefore protecting them from further liability and costs. In the long run, more conservative alternatives to surgery like physical therapy, drug therapy, and activity modifications, may take longer to respond to treatment even if they prove just as effective. The longer the treatment and recovery process continues, the longer the insurance company continues to be responsible which over time, increases cost and liability for them. In addition, there is the risk that the patient’s body doesn’t respond as successfully to the alternate method and the insurance company ends up having to pay for surgery anyway. As personal injury attorneys know, insurance companies want to do everything they can to minimize cost and liability and so they tend to take what is called a “find it and fix it” approach. Like anything, there are pros and cons.

Risks to Surgery

When a patient considers surgery, there are disadvantages to take into account which include cost, risks involved, and weeks or months of recovery. With any type of surgery, there is always a risk of complications and not always a guarantee that the procedure will be successful. In some cases, surgery may lead to a faster onset of osteoarthritis down the road, which can be the case when undergoing surgical repair for a torn meniscus. It can also increase the risk of the patient contracting other conditions in the operating room environment, like staph infection.

Another point to note is that in the U.S., surgeries are not approved or regulated by a state or federal agency, unlike pharmaceutical drugs which are regulated by the FDA, and may be rolled out to the public before extensive testing and clinical trials are complete. This can result in an extended period of time where the effectiveness of the operation is not truly known. Non-Surgical Therapies May Be Just as Effective in Some Cases

There is no doubt that surgery can, and does, have tremendous effectiveness and benefits, and in many cases, it may be the only option. In the case of an acute injury, such as a traumatic car accident, surgery may be required immediately and be life-saving. But in less severe circumstances, experts are asking patients and providers to pause and consider other options. Some medical professionals are concerned that certain surgeries are overprescribed, and potentially ineffective, when physical therapy may be a more effective option. They want medical providers and insurance companies to fully consider that even when surgery is shown to be effective, it may not necessarily have a significantly better outcome than when a patient is treated for the same condition with a non-surgical plan of care like physical therapy.

For patients who are eligible candidates, doctors may favor physical therapy, activity modifications, and lifestyle changes over surgery, as they are proven safer and just as effective in many cases. For example, over time evidence suggests that surgically repairing a torn meniscus does not offer more benefit than physical therapy to help strengthen surrounding tissues and support the healing process. Doctors should discuss the best options, surgical and non-surgical, for care with patients so they can make an informed decision.

When choosing the plan of care that is best for you, along with your medical team, patients are urged to take an informed approach. If your injury isn’t severe and in immediate need of attention, consider alternate options to surgery such as physical therapy, exercise, drug therapy, and lifestyle modifications. Sometimes, however, surgery is the best option depending on your situation and how your body responds.

Always Seek Medical Help After an Injury

When you’ve been hurt, no matter how minor your injuries appear at first, it’s critical to get medical attention right away. Throughout your recovery process, make sure to seek legal assistance and ensure your rights are protected. Contact a personal injury lawyer in RI and MA with experience getting injured clients fairly compensated for their damages including hospital bills, ambulance fees, lost wages, pain and suffering, and more. At Tapalian Law, our skilled personal injury team has helped hundreds of people in Providence, and throughout Rhode Island, Massachusetts, and Florida, ensure they are treated fairly and receive the money they deserve. Call us for a free consultation today at 401-552-5000 or contact us online.

RI Pedestrian Deaths

In 2020, Rhode Island experienced 17 pedestrian fatalities, according to the most recent data provided by the National Highway Traffic Safety Administration (NHTSA). Based on the number of total traffic fatalities that year, 67 traffic accident-related deaths, pedestrians accounted for 25.4% of the total traffic fatalities in Rhode Island. Clearly, the safety of those on foot is a concern.

Across the United States, the NHTSA provides the following data for the year 2020:

• Not surprisingly, over ¾ of pedestrian fatalities occur in the dark, a majority taking place between the hours of 6pm-8:59pm.
• Alcohol use (driver, pedestrian, or both) is a contributing factor in almost half of all pedestrian deaths.
• More pedestrians are killed in urban areas (82%), than rural areas (18%).
• Only 15% of pedestrian traffic fatalities take place at intersections.

Are Crosswalks a Safe Option?

Pedestrians are urged to always use a designated crosswalk when attempting to cross a street. Of course, there is no guarantee of safety but there is definitely a benefit. According to Rhode Island General Law 31.18.3, the driver of a vehicle must yield the right of way and allow a pedestrian within a crosswalk, or approaching closely, to safely cross. Despite the law, not all drivers heed it and most of us have seen dangerous near-collisions between cars and people crossing the street. Reckless drivers may be distracted by a text or phone call, while others carelessly choose to ignore the requirement and plow right through a crosswalk without even attempting to look for people on foot. As a Providence personal injury attorney, David Tapalian handles all types of auto accidents and, no differently than other types of car crashes, driver distractions are a huge contributing factor in pedestrian injuries, especially cell phone use.

Although pedestrian accidents are frequently the fault of a reckless motor vehicle operator, this is not always the case. The same RI General Law also states “… no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.” Pedestrians need to take accountability and ensure they are taking safety measures as well. It’s essential that pedestrians pause and check, and re-check, for approaching vehicles prior to crossing. This is particularly critical if there are hindrances such as parked cars that may block the view of a driver. By no means should a pedestrian be looking down at their phone, or using headphones or earbuds, that limit their senses. For instance, a motor vehicle operator may be temporarily blinded by the glare of the sun and not see they are approaching a crosswalk. If this is compounded by a person on foot recklessly crossing while looking down at their phone and not paying attention to their surroundings, it could result in a deadly, and completely avoidable, collision between the car and the pedestrian.

Contact a Rhode Island Personal Injury Lawyer After a Pedestrian Injury

If you are a pedestrian who was hit by a car and injured, it’s important to seek immediate medical attention regardless of how grave, or minor, your injuries seem at the time. If the driver who hurt you is found to be at fault, they may be held responsible for your damages including medical bills, lost wages from work, future medical needs, pain and suffering, and more. As soon as possible, contact an experienced injury attorney in Providence who can help you sort through the confusion and determine if you are eligible to file a personal injury claim to seek compensation. Attorney David Tapalian has helped hundreds of clients throughout RI and MA receive maximum compensation for their injuries. There is no fee to discuss your claim and our personal injury firm doesn’t get paid until you receive money for your losses. Call Tapalian Law today at 401-552-5000 to schedule your free consultation.

Why are Some Airbags Dangerous?

Over time, when exposed to high heat and humid conditions, it’s been shown the metal parts inside the defective airbag may rupture. These explosions of shrapnel can result in severe injuries or death to the driver and/or their passengers. The National Highway Traffic Safety Administration (NHTSA) has confirmed at least 22 deaths in the U.S. due to defective Takata airbag inflators, and over 400 alleged injuries. Takata supplied these defective airbags to a large number of automakers, resulting in one of the biggest recalls in U.S. history. According to the NHTSA, approximately 67 million air bags are included in the recall in tens of millions of vehicles.

Older vehicles with the malfunctioning apparatus, as well as those in warmer weather, are deemed riskier and more prone to explosion. If you’ve been hurt in an auto accident caused by a faulty airbag, contact an experienced personal injury lawyer like Attorney David Tapalian. Tapalian Law can help you determine what steps to take after your RI, MA, or FL car accident.

Is My Car Part of the Takata Airbag Recall?

Motorists are urged to check their vehicle immediately to determine if it is part of an airbag recall, or any other type of recall. The NHTSA offers an online recall tool that uses a vehicle’s VIN to determine if the vehicle is part of a recall and requires repairs. Owners can also contact the manufacturer or their local dealer directly. Auto manufacturers urge those with cars and trucks included in the Takata recall to park the vehicle and immediately contact the dealer for a free repair. Every airbag recall must be replaced, however the year, make, and model of your vehicle will determine its immediacy. For instance, older vehicles are a top priority since their airbags are more likely to have long-term exposure to hot and humid conditions, making the equipment more prone to a dangerous explosion. Cars and trucks being operated in warmer climates, such as Florida, also pose a higher safety risk.

A large number of auto manufacturers were supplied defective airbags by Takata, including, but not limited to, certain makes and models by Dodge, Chrysler, Honda, Mazda, Acura, and Ford. Even if you do not own one of these models, all automobile owners are urged to conduct a search periodically to determine if their car or truck is involved in any type of recall.

Types of Airbag Injuries

As seen in the multitude of fatalities and injuries related to defective airbags, auto accident injuries run the gamut from fatal or life-threatening, to minor bumps and bruises. Even if an airbag is not defective, when it deploys it can prevent injury, but it can also cause harm. Some common injuries related to airbags include cuts and bruises, burns, injuries to the eye or face, hearing loss, and respiratory issues from the chemicals released when the equipment deploys. More often however, it’s important to note that when in proper working condition, airbags can effectively prevent innumerable injuries and deaths.

Contact an Injury Lawyer if You are Hurt in a Car Crash

If you’ve been involved in any type of auto accident in Rhode Island, Massachusetts, or Florida, seek expert advice from a highly regarded and knowledge personal injury attorney at Tapalian Law. Well-versed in all aspects of personal injury law, Attorney David Tapalian has been helping clients for over 20 years throughout RI, MA, and FL. When someone else is at fault for your injuries and vehicle damage, you need to ensure you are compensated fairly for your losses. Contact Tapalian Law to schedule a free consultation to discuss your auto accident injuries, or call our Providence RI office at 401-552-5000, to let us begin helping you.

As a personal injury lawyer helping victims throughout RI and MA, Attorney David Tapalian knows how critical injuries to the neck and head can be and unfortunately, many have tragic or life-altering outcomes. A music lover who enjoyed his job cooking at Uni, a Japanese restaurant, Will Good is now confined to a wheelchair with around the clock nursing care requiring two caretakers alternating day and evening shifts.

A lawsuit filed by attorneys on behalf of Mr. Good this past Tuesday in Suffolk Superior Court, alleges Uber was negligent in hiring the driver responsible for the crash and, based on the driver’s past history, knowingly put others in harm’s way. With a questionable driving record dating back to 1996 showing multiple moving violations, crashes, at least 20 citations, and a state-imposed driver retraining, there is hardly a doubt that the Uber driver was a potential danger to others on the road.

Mr. Good’s lawsuit seeks $63 million in damages for severe physical, mental, and emotional injuries, extraordinary pain and suffering, and permanent disability.

Should Uber Drivers Be Classified as Independent Contractors or Employees?

A big topic of contention lying underneath this lawsuit, as well as others against ride-sharing companies, is the question of whether Uber should be allowed to continue to classify their drivers as independent contractors versus employees. Uber has continually fought to be able to classify those driving for them as independent contractors. By doing so, the ride-hailing company is able to claim less responsibility for the actions of their workers. At the same time the drivers miss out on benefits such as basic rights under state labor laws.

In Massachusetts, Attorney General Maura Healey is suing Uber and Lyft, claiming the ride-share companies are breaking the law by not classifying their drivers as employees and depriving these drivers of certain rights.

In 2020, Uber, along with a group of other app-based companies spent over $205 million in California in a fight to keep the ability to classify their drivers as independent contractors, under Proposition 22. They won; however, a state judge later declared the proposition unconstitutional. The ride share companies are expected to appeal.

Tapalian Law Handles Car Accident Cases Involving Uber & Lyft

With over 20 years of experience focused on personal injury law, Attorney David Tapalian is dedicated to getting you the results you deserve. He has helped hundreds of victims across Rhode Island, Massachusetts, and Florida, successfully seek compensation for their damages as a result of an auto collision or other type of accident.

If you have been involved in a crash with an Uber driver, Lyft driver, or other ride-sharing service, it’s important to seek help from an experienced personal injury attorney to protect your rights against these large companies. As most ride-sharing services classify their workers as independent contractors, their legal teams will aggressively argue they are not liable for your injuries.

At Tapalian Law, our expert injury team will go through any means necessary to get you what is fair, including arbitration and litigation. For any type of accident or injury, no matter how large or small, contact our Rhode Island personal injury office at 401-552-5000 or send us an e-mail. We offer a free consultation to discuss your claim and determine how we can help you. There are no fees to hire our legal representation, and we only get paid when you win compensation. Let us put our experience to work for you.

What Responsibility Does a Store Have to its Customers?

In all states, including Rhode Island and Massachusetts, owners of property must make a reasonable effort to maintain their property to ensure the safety of visitors. A property owner, such as a retail store, is responsible for inspecting the condition of the property on a regular basis, making timely maintenance repairs and making every effort necessary to ensure a safe environment. If the owner fails to do so and is someone is injured on the property, the owner may be held liable for the person’s damages if found negligent.

Property owners owe a “duty of care” to those who are reasonably expected to be on the premises by exercising reasonable care for the safety of these people. (Typically, trespassers have limited rights.) For instance, a commercial retail business such as Walmart welcomes customers into their stores for the purpose of shopping, and therefore, the business owes their customers a duty of care to keep the premises safe.

A retail store may be found negligent and held liable for a person injured on the premises if the store created the danger, knew of the danger and failed to ameliorate it, or if they should have reasonably known of the danger but failed to take the necessary steps to avoid it.

Types of Premises Liability Cases

Premises liability is one of many types of claims that fall under the larger umbrella of personal injury claims. A lawsuit for premises liability holds a property owner responsible for any injuries or damages that occur on the property. The circumstances for this kind of claim encompass a wide range, some common ones are:

• Slip and Falls
• Dog Bites
• Snow and Ice Removal
• Falling Objects
• Swimming Pool Accidents
• Damaged Property, i.e., broken steps, missing handrails

Negligence in a Premises Liability Lawsuit

In this particular lawsuit, it was determined that Walmart owed the claimant a duty of care as a customer of their store and breached this duty of care by failing to keep the premises safe. The store was held responsible for creating the condition- the rusty nail being on the floor of the store- and the fact that staff knew about or should have reasonably known about the condition and fixed it. By failing to do so, the claimant was injured.

Attorneys on behalf of Walmart argued that Ms. Jones “wholly failed to establish that Walmart placed the nail on the floor or that Walmart knew or reasonably should have known of the presence of the nail on the floor.” They also claimed that the type of nail found in the claimant’s foot was too short to fasten pallet boards. The jury disagreed and Ms. Jones was awarded $10 million for her damages.

Monetary awards in a premises liability lawsuit vary widely and some factors that come into play are the extent and severity of the injuries, length of recovery, how they affect the person’s future well-being and opportunity to earn a living, the affect on the person’s quality of life, and expectation of full recovery, amongst other considerations. In the case of April Jones, the lawsuit stated that Ms. Jones has been in a wheelchair for six years, her “daily life was significantly interrupted”, and the pain from her injuries “has resulted in her loss of enjoyment of life and change in her personality, all to the permanent detriment to her health and physical wellbeing”.

Contact a Rhode Island Personal Injury Lawyer if You’ve Been Hurt

If you, or a loved one, has been injured on someone else’s property due to an owner’s negligence or failure to make repairs, you may be eligible to seek compensation for your losses. Injury Attorney David Tapalian has helped clients all over Rhode Island, Massachusetts, and Florida, who have been hurt in car accidents, motorcycle crashes, slip and falls, and work-related accidents, recover money for their damages. If you’ve been hurt due to another person’s negligence, you may be able to seek compensation for your medical bills, hospital expenses, lost wages, and pain and suffering. Tapalian Law offers a no-cost, no-obligation review of your claim, and if you hire us, there are no fees until we successfully win money for your case. Call the personal injury experts at Tapalian Law in Providence, RI, at 401-552-5000, or use our online contact form to schedule a free consultation to discuss your claim and see how we can help you.