If you have a potential personal injury claim in Rhode Island you should read this article very carefully.

Question: How do I determine how much money I am entitled to as a result of the accident?

Answer: In order to determine the value of the case, the attorneys must look at a combination of factors, including lost wages, pain and suffering, permanency of the injury, any scarring or disfigurement, loss of consortium, periods of disability, etc. Determining the value of a case is an art rather than a science. The amount of the medical bills incurred will be one important factor in determining the value of the case.

Question: When I meet my lawyer for the first time, are there any particular documents or evidence I should bring with me?

Answer: You should supply your attorney with as much information as possible. The more information he / she has the better able to properly advise you of your legal rights. You need to bring in all documents pertaining to your case. The accident report is a very important document that you should bring your attorney. Article by attorney David Slepkow (401) 437-1100.

Also, if you have any eye witness statements or medical records or reports from your doctors, you should bring those to your lawyer. If you have any photographs of the accident or of your injury, please bring those to the attorney meeting. If you don't have the documentation, your attorney may collect the documents for you.

Question: What type of information will the attorney request at the initial consultation concerning my personal injury or automobile accident case?

Answer: Your attorney will request general information related to your medical treatment. The attorney will attempt to compile a list of the name and address of all treating physicians and medical providers. This includes physical therapists, chiropractors, visiting nurses and other medical providers. The attorney may also ask you for a list of prior medical providers.

Question: What usually happens at the first consultation:

Answer: The lawyer that you have selected will tell you whether you have a valid legal claim. If you decide to hire that lawyer, then he or she will request that you sign a retainer agreement. The retainer agreement is an important legal document which a lawyer is required to obtain. At the initial consultation, it is extremely difficult for your lawyer to tell you the value of your case. The value of your case is dependent on many circumstances which include the amount of your medical bills, and the nature and extent of any pain and suffering. The value may be depend on whether or not your injury is permanent, whether or not there were periods of partial or complete disability, whether or not there was any disfigurement, scarring or other physical injury and the amount of your lost wages, etc.

After you have completed treatment or have reached a certain point in your medical treatment, the lawyer will provide a settlement demand with all relevant medical records and documentation to the insurance adjuster. If the insurance company believes the claim has merit and the insurance adjuster and the attorney can agree on a figure, then the case will be settled out of court. Despite the fact that the attorney will attempt to settle the case, the attorney will be preparing the case for court in the event that the case does not settle.

Question: What is necessary to have a valid personal injury case?

Answer: If you were injured as a result of another person's or entity's negligence or intentional act, then you have a potential personal injury cause of action. It is not always required to have a physical injury to bring a personal injury lawsuit. A personal injury lawsuit can be pursued based on the diminution of your reputation or an intentional infliction of emotional distress.

Question: What exactly is a settlement in a personal injury case?

Answer: If you settle a Rhode Island personal injury car accident or slip and fall case, you are agreeing to accept a sum of money in exchange for either not pursuing the case against the person or entity or dismissing a personal injury case against a person or entity. If the case settles, you will need to sign a release, releasing any parties of any potential future liability. In order to determine whether or not you should accept a settlement, your attorney needs to assess the amount of damages you have suffered, the likelihood of prevailing at trial, and any other factors that the attorney deems appropriate.

A settlement can be reached at any time prior to the filing of the lawsuit or after the lawsuit is filed and any time up until the jury's verdict. The case can even be settled after the trial if the case is on appeal.

At Slepkow, Slepkow & Associates, Inc. it is our firm philosophy that it is the client's decision on whether or not to accept a personal injury settlement. We will certainly help you in making that determination by providing all of the essential information and answering any relevant questions that you have. We often will give our recommendation as to whether or not a settlement is fair. We always let our clients make the final decision whether or not to accept a personal injury or auto accident settlement.

Question: What if I am unhappy with the lawyer who is handling my case? In Rhode Island, do I have the right to obtain a new lawyer? If I obtain a new lawyer who will pay for the legal services rendered by the old attorney?

Answer: In Rhode Island (RI), if you are dissatisfied with your attorney's legal representation, you have the right to obtain a new attorney at any time. Your old attorney may have a statutory lien against your personal injury case. If you prevail or the case is settled, your old attorney will have a right to be paid for the legal services that he provided you. However, you will not be required to pay the old attorney upon obtaining a new attorney. When your case is settled or when you receive funds as a result of a verdict, the old and the new attorney will equitably divide the contingent legal fee. In other words, it will cost you no additional funds, if you retain a new attorney. The old and new attorneys must come to an agreement as to the equitable share to be received by the old attorney.

Question: Is it a good idea to wait a period of time before I hire an attorney?

Answer: You should contact a Rhode Island personal injury attorney immediately after the accident. It is not a good idea for a person to be dealing with the insurance adjuster concerning their personal injury or car accident claim.

Question: Am I required to give a recorded statement to the insurance company upon their request?

Answer: There is no legal requirement for you to give a recorded statement to an insurance adjuster. However, if the insurance company is your own insurance company, you may be contractually obligated to give a recorded statement. You should not give any statement unless you have legal representation present and you should acquire a copy of the transcript.

Question: What types of cases are typically handled on a contingent fee basis?

Answer: Car/auto accidents, slip & fall, trip & fall, premises liability, bicycle accidents, motorcycle accidents, boating accidents, truck accidents, pedestrian accidents, wrongful death, uninsured or underinsured, motorist claims, intentional infliction of emotional distress, dog bite claims, etc

Question: Should I negotiate with the insurance adjuster myself without the help of an attorney in order to settle a personal injury, slip and fall or car / auto accident case?

Answers: No. Representing yourself and negotiating with an insurance adjuster is usually not a good idea! Because you are not an attorney and have not handled personal injury matters before, you are often not aware of the full value of your case. The insurance adjuster may take advantage of your inexperience. Insurance adjusters typically will offer a lot less money to a person representing themselves than they would to an attorney representing a client.

Furthermore, when you are representing yourself in a personal injury or slip and fall case, the insurance company knows that you do not know how to litigate a lawsuit. Therefore you don't have as much leverage with the insurance adjuster.

Question: How do Rhode Island lawyers charge for personal injury cases?

Answer: Most lawyers In Rhode Island take personal injury, premises liability, dog bite cases, slip and fall and auto / car accidents on a contingent fee basis. This means that the lawyers do not collect any fees unless they are successful in settling your personal injury case or winning a verdict at trial. The lawyer typically will take the case costs from the settlement or verdict at the end of the case. Most attorneys advance case costs.

Question: If I hire a Rhode Island personal injury attorney, how does the process work?

Answer: You should retain a personal injury lawyer as soon as possible after the automobile or other accident. At the first meeting, the attorney typically will get all the important information concerning the accident including, but not limited to, the names of the witnesses, all injuries and the treating physician and doctors.

The attorney may want to visit the actual scene of the accident or slip and fall so that he can get further prospective on how the accident occurred. If the case is a slip and fall case, the lawyer should visit the scene of the accident if possible and interview potential witnesses. If you have any pictures of the accident scene, your damaged automobile, or of the resulting injuries, it is usually a good idea to show those to the lawyer.

If your lawyer is interested in taking the case, he or she will typically enter into a contingent fee personal injury fee agreement with you. You will need to provide a list of the names and addresses of all witnesses. Your lawyer will also ask you for the names and addresses of all treating physicians and the names and addresses of all hospitals and treating facilities. The lawyer will ask you to sign medical releases pursuant to federal law which will allow your lawyer to collect your medical bills and medical records from your health care provider concerning your injury.

The attorney will be very interested in knowing whether or not you have health insurance and the extent of your health insurance coverage. If your health insurance plan is covering your medical bills, they typically have a lien against any settlement proceeds you receive. It is necessary for your lawyer on your behalf to repay your health insurance company from the proceeds of any settlement or verdict that you receive. These liens typically can be negotiated with the health insurance company. Some insurance companies will typically lower their lien 25% to 33% to account for the work that your attorney has done on the case.

Sometimes, if liability or damage are in dispute, you can get a further reduction of the lien. Typically your lawyer will not be able to disburse any monies to you until he has paid the insurance company for the lien amount.

After the initial consultation and after you have retained the personal injury lawyer, the lawyer will typically do an investigation, if necessary, by calling witnesses, reviewing police reports, or doing anything else that is necessary to further your case. The attorney may need to read relevant Rhode Island negligence case law to evaluate the merits of your personal injury case. The attorney will collect your medical records and billing records. Obtaining your billing records for the accident from the medical providers is extremely important because the amount of medical bills that you have is a very important factor in determining the ultimate value of your case for settlement or trial purposes.

Your attorney typically will wait until he/she believes that you have reached a certain point in your medical treatment before he makes an offer to the insurance company to settle your personal injury case. Attorneys are typically concerned that they will settle the case prior to knowing the full extent of a person's injuries. After an automobile accident case is settled and the release is signed, there is no way to get paid any further damages even if your injuries become substantially more severe. Therefore, it is usually not a good idea to settle the personal injury case prior to having some idea as to the extent of your injuries in the future. Your back, neck, shoulder or leg injury could get worse as time goes bye.

After the lawyer meets with you, he will typically send a letter of representation to all the insurance companies involved giving them general information about the case. The insurance company will open up a personal injury case file and respond to your attorney. Insurance companies are required by law to investigate the facts and look into the potential personal injury cause of action. When the attorney is comfortable that the right time has arrived, he or she will typically send a settlement package to the insurance company. This settlement letter usually includes an evaluation of the permanency of the injury, if any, and describes the pain and suffering of the client as well as any lost wages and medical bills incurred. The attorney typically includes in the settlement package an initial demand for settlement of the case.

The insurance company will usually reply to the letter with either an offer to settle the case or a denial of liability. If the insurance company is denying liability in the personal injury case and refusing to pay anything, then the attorney will have no choice but to file a lawsuit to seek damages. In the event that a settlement offer is made to the attorney, there usually will be a period of negotiation to see if the parties can agree to a settlement amount.

If the parties cannot agree to a settlement amount, it may be necessary to file a personal injury/ negligence law suit in either any of the Rhode Island District Courts or Rhode Island Superior Court. In Rhode Island (RI), most personal injury, automobile accident, premises liability and slip and fall cases are handled in Rhode Island Superior Court because matters over $10,000.00 in Rhode Island must be heard in Superior Court.

Question: My Rhode Island personal injury attorney is unable to settle my car accident case with the insurance adjuster, then what happens next?

Answer: If the attorney is unable to settle the case with the insurance adjuster, then it is necessary to file a lawsuit in court. The process of a Rhode Island personal injury civil lawsuit can take up to a few years to resolve. Your lawyer will file a complaint in court alleging negligence or other causes of action asking the court to award you damages. After the complaint is filed, the insurance company will typically hire an attorney to represent their insured. The insurance company's lawyer will file an answer to the case.

After the complaint and answer are filed, there is usually a discovery period. The parties can send interrogatories to each other which are written questions that the other party must answer. The parties can also take depositions of witnesses which is when the other lawyer asks you questions about the case in front of a stenographer. After the discovery period, there may be a motion to dismiss or motions for summary judgment that are filed by either of the parties.

If the case is not dismissed or summarily decided, then the case will proceed to trial. The average amount of time for a law suit in Rhode Island is about two years, although the amount of time for the law suit could vary depending on how complex the case is, availability of witnesses, and the amount of cases on the docket.

Question: How do I obtain evidence of my personal injury in Rhode Island?

Answer: Please take photographs of all injuries including , but not limited to, cuts, bruises and broken bones. Do not wait too long after the accident. Please do the best that you can to obtain the witness names, addresses, phone numbers, and other information to give to your Rhode Island personal injury attorney. Please keep records of your out-of-pocket expenses for your medical bills, lost wages and other expenses incurred such as medication and medical accessories. You need to keep accurate records because you will need to provide them to the insurance company. If your injury was caused by a whiplash injury caused by a rear end accident you may need to hire an expert to testify on your behalf as to the seriousness of upper and lower back injuries caused by whiplash.

Question: Will my Rhode Island personal injury lawyer keep what I tell him confidential?

Answer: There is an attorney-client privilege. Your attorney is precluded from disclosing confidential information that you do not want him to disclose to others. There is certain limited exceptions to the attorney-client privilege which usually do not apply.

Question: What type of costs are typically incurred in Rhode Island (RI) personal injury cases?

Answer: Out-of-pocketcosts, are expenses that are incurred by your lawyer to properly settle or litigate your case. The out of pocket expenses are usually advanced by the lawyer. Medical providers usually charge a nominal fee to copy your medical records. Most doctors also charge a fee to write a comprehensive medical report detailing your course of treatment, injury prognosis and whether or not your injuries are permanent. If it is necessary to have a doctor testify at the trial of your case, then the doctor may charge a substantial fee for his attendance.

Another example of out-of-pocket expenses that you may incur is a filing fee to file the complaint in Providence / kent / Newport or Washington County Superior Court and the fee for service of process of the personal injury complaint.

The amount of costs incurred in your case varies from case to case and depend on how complex your personal injury case is. The more serious your injuries are the more out of pocket expenses that may be incurred. Most attorneys will get prior approval before incurring a substantial cost on your behalf.

If I am injured in an automobile accident, what do I do?

Make sure you stop at the scene of the car accident and notify the police department immediately about the accident. If possible, please get all of the information about the other parties involved in the accident, including their name, address, telephone number and insurance information. Make sure you receive treatment for your injuries with a medical provider as soon as possible.

At the time of the accident, please get the names, addresses and phone numbers of any witnesses to the accident. If you have a camera or a cell phone with a camera, please take pictures of your automobile, the other automobile and the scene of the accident. If you have any bruises or physical conditions that are noticeable, please take pictures of the physical condition as soon as possible. Please do not give any statement to the insurance adjuster until you have had the opportunity to speak with an attorney.

Does Rhode Island have a statute of limitations for personal injury cases?

There is a three year statute of limitations to file a lawsuit for negligence in Rhode Island. If you do not file a lawsuit within three years from the date of the accident, you will be forever barred from filing a claim as a result of the accident. In the event that the claim is for personal injuries against a city or a town, there are very strict notice requirements.

What if I am injured and the other party is at fault but has no insurance?

You have the legal right to file a claim against the person or corporation whose negligence caused your injury. However, in many cases the negligent party does not have the assets or funds to be able to pay your damages. So long as you have uninsured or under-insured motorist protection, you will be able to file a claim against your own insurance company for uninsured or under-insured claims.

How do I recover if I am hit by a hit and run motorist?

If you have uninsured motorist protection with your own insurance carrier, you may be entitled to make a claim against your own insurance carrier.

David Slepkow is a Rhode Island RI personal injury lawyer / attorney practicing personal injury, premises liability, motorcycle accidents, slip and fall, insurance claims, automobile /auto/ car accidents, slip and fall and serious accidents. David has been practicing for ten years and is licensed in Rhode Island, Massachusetts and Federal Court. David also handles divorce, family law and child support cases. please goto http://www.slepkowlaw.com to obtain more information or to contact attorney David Slepkow. You can also call David at 401-437-1100.

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