Articles Posted in Personal Injury

m_Contract_-_Businessman_Signing_a_Contract_-_Illustration-300x193If you have been hurt in a car accident, a motorcycle crash, a slip and fall, or other type of incident caused by someone else’s negligence, you are likely considering filing a personal injury claim for your damages. You’re probably wondering how viable your potential claim is, what type of compensation you may be eligible for, and what factors will have a direct impact on how your personal injury lawsuit will be resolved. As any Rhode Island personal injury lawyer will tell you, these answers vary on a case-by-case basis; however, there are some key contributing factors that you should take into consideration. These components can be vital to the outcome of your case and your ability to recover the compensation that you may be entitled to for your full medical and financial recovery.

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:

motorcycle-photo-300x225The wind blowing your hair, the open road speeding past you with nothing in between you and the outside, the sheer velocity of your ride; motorcycles have long been a symbol of thrill and freedom since they were popularized. The flip side, of course, is the risk of danger and recklessness. Just as there’s nothing between you and the open road, there’s also not much between you and a severe injury when it comes to a motorcycle crash. Motorcycle accidents can have severe consequences, from significant injuries and ensuing medical bills to a jury prejudice against motorcyclists in general. That’s why it’s essential to have legal representation from a Rhode Island motorcycle accident lawyer who is experienced in navigating these types of cases. Attorney David Tapalian and the skilled personal injury team at Tapalian Law will help you and your family handle the aftermath of a motorcycle accident to make sure your rights as a motorcyclist are protected, ensure you are treated fairly, and the person responsible for your injuries is held accountable.

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.

grieving-wrongful-death-300x199Dealing with the loss of a loved one is never easy. Particularly so if your loved one’s death was easily preventable and caused by another person’s negligence, such as a fatal drunk driving crash. While family members are left to mourn a shocking loss, they must also make costly funeral preparations for the deceased. Facing an unexpected large expense can compound stress for loved ones and leave them financially burdened. When this occurs, the family of the deceased may take legal action to file a wrongful death claim against the negligent party for damages. This type of claim can recoup funeral and burial expenses as well as the financial burden of losing the family’s breadwinner and other harms like the loss of companionship. Attorney David Tapalian’s expertise in personal injury law and wrongful death in Rhode Island and Massachusetts has helped hundreds of families successfully win compensation after a serious injury or death of a loved one.  As an experienced RI wrongful death lawyer, he will guide, support, and fight for you and your family during these trying times and ensure that your case is handled the way it deserves.

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:

brain image A head injury is considered any type of injury that occurs to the head, from a mild bruise to a traumatic brain injury. A traumatic brain injury (TBI) is a specific type of head injury that occurs to the brain damaging its normal functioning.  This results from an external force to the head, such as a sudden jolt or severe blow, resulting in trauma. Common causes of a TBI include car accidents, a fall, sports injuries, or even violent assault, and can range from mild to severe with significant repercussions. Attorney David Tapalian is a Providence personal injury lawyer who has helped hundreds of clients throughout Rhode Island and Massachusetts navigate the legal complexities following a TBI resulting from a serious auto accident, motorcycle crash, or slip and fall. Moderate to severe TBI’s are extremely serious matters and considered more critical than concussions. If you or someone you know has been involved in an accident, it’s vital to seek medical treatment right away. If left untreated, a brain injury can have dangerous, even life-threatening complications.

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).

legal-advice-300x300If you’ve been injured in an accident, you are likely wondering what to do next. Where should you seek prompt medical treatment? How should you communicate with your insurance company? What steps should you take to make sure you get reimbursed for your expenses such as car repairs and medical bills? How do you ensure you’re getting the compensation you deserve to pay for your injuries and wages lost?

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

m_709045-1-300x200Slip and fall accidents in the U.S. are a top driver of personal injury claims. A slip, trip, or fall may unexpectedly occur to anyone, anywhere. It may happen at your favorite corner store you’ve been visiting for years to buy snacks, or it can happen in the brand-new big box store that opened down the road. Regardless of how it occurred, if you are injured in a slip and fall accident in a store, it’s essential to speak with an experienced slip and fall lawyer in Providence, Rhode Island to be aware of your legal rights and know what steps you should take. With over two decades of success winning compensation for clients throughout RI and MA, Attorney David Tapalian will explain how to proceed following a slip and fall accident in a store, including:

  • Your legal rights as a victim.
  • Proving negligence to claim compensation.

Chronic-pain-300x190When you suffer a painful injury, it’s normal to want the quickest solution to end the discomfort, particularly when the pain affects your quality of life or ability to work. For instance, an avid runner with a knee injury is left unable to practice the sport they love and enjoy the benefits of being physically fit. In many cases, pain from an injury can negatively affect a person’s ability to perform the qualifications required by their job and earn a living. A construction worker required to lift heavy loads will be negatively affected by a shoulder injury and unable to adequately perform their job requirements. If your ability to enjoy a certain quality of life or make enough money to support your family has been compromised due to an injury you suffered in an accident, discuss your legal options with a Rhode Island personal injury lawyer. Attorney David Tapalian will ensure your legal rights are protected and you receive the proper medical treatment needed to regain your quality of living.

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.

crosswalk-photo-300x225An unfortunate series of pedestrian accidents in Providence and elsewhere in Rhode Island this year have brought to light the question of whether or not pedestrians are safe crossing the street in the state. Circumstances surrounding each incident are different, yet each had a tragic outcome. A driver in Westerly who hit and killed a pedestrian was accused of drunk driving. On North Main Street in Providence, a female motor vehicle operator hit a pedestrian and fled the scene; the man died and the driver was tracked down using local video footage. Near the state house, a well-known local, Superior Court Judge Richard Licht, was seriously injured by a car while walking across Smith Street. As a personal injury lawyer in Providence, RI for over 20 years, Attorney David Tapalian has helped a number of people hurt in pedestrian accidents throughout RI and MA and knows the outcomes of these dangerous collisions are frequently tragic resulting in severe or life-threatening injuries.

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.

1415857667lnxuo-300x225Drivers in Rhode Island, Massachusetts, and across the U.S. are being urged by automakers to check their vehicles for airbag recalls as another death was confirmed this month related to a Takata airbag inflator. The vehicle involved in the fatality, a 2006 Ford Ranger pickup truck, was part of a major recall and issued an urgent “do not drive” warning in 2018. It had yet to undergo repairs. Additional fatalities believed to be caused by malfunctioning airbags recently prompted Stellantis (formerly Fiat Chrysler) to issue an urgent “do not drive” order for certain 2005-2010 motor vehicles. Makes and models include the Dodge Charger, Magnum, and Challenger, and the Chrysler 300. The company is urging drivers of these cars who have not yet undergone a vehicle inspection in accordance with previous recall campaigns to not operate the vehicle until they have it inspected and repaired as deemed necessary. Attorney David Tapalian has helped clients throughout RI and MA who have been injured in auto accidents due to airbags and vehicle malfunctions. A faulty airbag can cause serious personal injury and even death. While airbags save the lives of thousands each year in car crashes, a defective airbag can dangerously put a driver and passengers in harm’s way.

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.

uber-image-2-300x169On April 30, 2021, Will Good, a 30-year-old restaurant cook in Boston, hailed an Uber for a late-night ride home from work to his home in Somerville. No one could have predicted how life-changing this ride would be. During the commute, the driver of the Uber vehicle swerved and crashed into a parked car, the impact causing Mr. Good to hit his head on the passenger headrest and slump onto the backseat, unable to move.  Following a two month stay at Massachusetts General Hospital and an additional two months at Spaulding Rehabilitation, the Boston car accident ultimately left Good paralyzed as a quadriplegic.

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.

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