After you have been in a serious accident caused by someone else, you should seek medical care. However, you should also speak with a Rhode Island personal injury lawyer as soon as possible. Often, accident victims are saddled with huge medical and rehabilitation bills just as they need to take time off from work to recover. At Bilodeau Capalbo, LLC, our experienced attorneys may be able to represent you in a lawsuit. These cases are often brought in connection with car accidents, medical malpractice, construction accidents, slip and falls, defective products, and nursing home abuse. Our attorneys also can assist you if you are fighting a criminal charge, going through a divorce, or handling a real estate transaction in Rhode Island, Connecticut, or Massachusetts.Bringing a Personal Injury Claim for Compensation
Most personal injury lawsuits are based on a theory of negligence. To prove a defendant's negligence, a plaintiff must show the defendant's duty toward him, a breach of duty, causation, and actual damages. The duty may vary depending on the circumstances. For example, in the context of driving a car, all drivers owe a duty to other drivers and pedestrians to use reasonable care while operating the car. This includes a duty to pay attention to changing road conditions and respond appropriately. Breaches of the duty of care while operating a car could include drunk driving, texting while driving, speeding, tailgating, and failing to obey traffic signals. Often, an insurer for the other driver will try to find ways in which you were to blame for a motor vehicle accident to reduce what must be paid on the claim. A personal injury attorney can help Rhode Island residents fight to keep fault firmly where it belongs.
In the context of injuries sustained as a result of a doctor's negligence, by contrast, you would need to establish the health care provider's professional negligence by showing that they deviated from the professional standard of care, thereby causing your injuries. You would need to file your case within three years of the medical malpractice or the date on which it should have been discovered. Most medical malpractice cases require the presentation of expert witness testimony, and these experts need to be qualified as experts in the same field as the defendant. For example, it would most likely be necessary to retain a board-certified OB-Gyn to provide expert testimony on whether an OB-Gyn was professionally negligent in not performing a C-section after a baby deprived of oxygen was born with cerebral palsy.
Other contexts in which an accident arises may require proof of other elements. For example, in a premises liability lawsuit, your Rhode Island personal injury attorney probably would try to show that a property owner had actual or constructive notice of a defective condition on the property, which caused your injuries. Constructive notice may be found to exist if a defective condition existed long enough that a reasonable person would have discovered it.
When you are injured by a defective product, and you bring a product liability lawsuit, you will need to prove the existence of a product defect. There are three actionable product defects: design defects, manufacturing defects, and failures to warn. Theories that you may be able to use to recover damages include strict liability, negligence, and breach of warranty.
Often, a defendant raises an argument of comparative negligence. This means that if the jury determines that a plaintiff is partially or fully to blame for an accident, their damages award is reduced in an amount equal to their fault. For example, if the jury determined that you sustained $200,000 in damages, but you were found 20% responsible for your damages, and the defendant was 80% responsible, you would be able to recover $160,000 from the defendant.Hire a Personal Injury Lawyer in Rhode Island to Assert Your Rights
The damages that you may be able to recover in a personal injury lawsuit include economic and noneconomic losses, such as pain and suffering, medical expenses, property damage, and lost wages. If you need to file a claim after an accident, it is important to consult an experienced trial attorney with a strong reputation. At Bilodeau Capalbo, LLC, we build close and trusting relationships with our clients. Our firm represents victims in Rhode Island, Massachusetts, and Connecticut from offices in West Warwick, South Kingstown, and Hartford. Call us at 401-300-4055 or complete our online form for an appointment. We also represent people who are pursuing a divorce, drafting a will, or navigating a property transaction.
Bilodeau Capalbo, LLC represents clients in Woonsocket, Burrillville, Chepachet, Smithfield, Scituate, Coventry, West Greenwich, Exeter, North Kingstown, East Greenwich, Warwick, Cranston, Providence, Pawtucket, Central Falls, East Providence, Warren, Bristol, Barrington, Little Compton, Tiverton, Middletown, Portsmouth, Newport, South Kingstown, Charlestown, Hopkinton, Ashaway, Richmond, Narragansett, New Shoreham, West Warwick, Cumberland, Foster, Glocester, Johnston, Lincoln, North Providence and Westerly