Personal Injury (PI), or "negligence" claims, involve claims of physical and/or emotional harm to a person. These types of claims typically involve motor vehicles such as cars, trucks, motorcycles, etc., but can also be caused by other objects or by another person. These types of claims typically involve "negligence", or unreasonable conduct on the part of the person or business causing the harm. However, there are some situations under our law where a person or business may be held "strictly liable" for their actions regardless of negligence.
Motor vehicle PI claims are claims made by people
to recover damages for injuries and loss of property caused by
the actions of another driver or owner of the
"at-fault" vehicle. Wrongful death claims are claims
brought by representatives of the estate of a person who was
killed as the result of the acts of another.
"Product Liability" claims involve injuries to a
person, or sometimes to the property of another, caused by the
negligence, breach of warranty, and/or strict liability of the
party claimed against. Typical examples might be claims against
the manufacturer of an automobile or medical device for injuries
caused by poor design, defects in manufacturing, or a failure to
warn of potential defects.
While the claim may be against a person or company, there may be
insurance coverage available to pay for at least a portion of the
total damages claimed.
An experienced PI attorney looks at two items in each case to
determine whether it would be financially worthwhile to make a
personal injury or wrongful death claim. First, the attorney
looks at "liability", or who is "at fault".
If it can be determined from the facts and evidence available
that the other party is more "at fault" than the party
making the claim, then the liability issue is favorable to the
party who would like to make a PI claim. However, this is not
enough by itself. There is one more issue an experienced PI
attorney must review.
An experienced PI attorney looks at the amount of
"damages", or what harm was caused by the party
"at fault", to determine whether it would be worthwhile
to make a PI claim. "Damages" include the injuries and
resulting losses such as "pain and suffering",
"inconvenience", "impact on a marital
relationship", "medical and/or funeral expenses",
"wage loss", and future losses which can be reasonably
determined and are not purely speculative.
A claim's "damages" must be significant enough to
support the bringing of a PI claim. Most attorneys are hired to
represent a party for this type of claim on a contingent fee
basis. This means that the client only pays attorneys fees if
they are successful in getting payment from the "at
fault" party, or insurance. In addition, if your attorney
has advanced payment of the case expenses, they are normally
deducted when payment is made on the claim. Therefore, an
experienced PI attorney will review whether there is likely to be
a financial recovery significant enough to compensate a person
making a claim after deduction for attorney fees and case
expenses before they accept a case for representation, or,
sometimes, later after investigation.
Rhode Island law requires that all motor vehicle personal injury
claims be brought within three (3) years from the date of the
collision, or such claims are otherwise barred. There are some
very limited circumstances where this limitation may be extended.
There are also some requirements where "notice" of a
claim must be given in a much shorter period of time, or the
claim may not be made. Delay in making a claim does not work to
the advantage of those seeking compensation for their personal
injuries..
Rego & Rego has counseled hundreds of people who have
suffered personal injuries involving motor vehicle collisions and
improperly maintained premises. We provide free initial
consultation and there is no obligation to hire one of our
attorneys after a consultation. Most of our motor vehicle
personal injury cases are handled on a contingent fee basis,
which means that there is no attorney fee due unless there is a
financial recovery made. Reasonable and necessary case expenses
remain the responsibility of the client.
Rego & Rego practices in the areas of negligence law and
other areas. Please visit our other webpages for additional
information. There is no charge and no obligation to discuss your
matter with one of our attorneys.
Please feel free to email our office, without cost or obligation,
with your questions by clicking here
or call us at (401) 253-2500 or (800) 645-2560 .
This article is intended to provide general information and should not be considered to be legal advice, or to create an attorney-client relationship. You may obtain legal advice specific to your matter and arrange to have an attorney represent you only by hiring an attorney for that purpose.
Publications of interest
An Accident! What do I do Now?" RI Bar Asso.
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Rego & Rego, Attorneys At
Law, 443 Hope Street, Bristol, Rhode Island 02809
Telephone: (401) 253-2500 Telecopier: (401) 254-0235 email:
al@rego-law.com
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