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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 law firm 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 obtain.

Also, if you have any eye witness statements or medical records or reports from your doctors, you should bring those to your initial client consultation. If you have any photographs of the accident or of your injury, please bring those to your legal counsel.

Question: What type of information will I need to provide at the initial consultation concerning my personal injury or automobile accident case?

Answer: Your attorney will request general information related to your medical treatment. He or she will attempt to compile a list of the names and address of all treating physicians and current and past medical providers. This includes physical therapists, chiropractors, visiting nurses and other medical providers.

Question: What usually happens at the first consultation:

Answer: The legal counsel that you have selected will tell you whether you have a valid legal claim. If you decide to go forward with the claim, then you will sign a fee agreement. The fee agreement is an important legal document which is required. At the initial consultation, it is extremely difficult to determine 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, a settlement demand with all relevant medical records and documentation may be sent to the insurance adjuster. If the adjuster believes the claim has merit and the adjuster and the attorney can agree on a figure, then the case will be settled out of court.

Despite the fact that your law firm 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 or negligent infliction of emotional distress.

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

Answer: If you settle a car accident, negligence 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 an agreement for compensation is reached, 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 are relevant.

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.

It should be the client's decision on whether or not to accept a settlement. Your legal counsel should help you in making that determination by providing all of the essential information and answering any relevant questions that you have. You should expect a recommendation as to whether or not a offer is fair. The client should make the final decision whether or not to accept an offer.

Question: What if I am unhappy with the lawyer who is handling my case? In Rhode Island, do I have the right to obtain new counsel? If I obtain a new law firm who will pay for the legal services already provided?

Answer: In Rhode Island (RI), if you are dissatisfied with your 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 legal counsel will have a right to be paid for the legal services that he provided you. However, you will not be required to pay any legal fee upon obtaining a new legal counsel.

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 law firm. The old and new attorneys must come to an agreement as to the equitable share to be received by each law firm.

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 adjuster. However, if it 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, dog bite, slip and fall or car / auto accident case?

Answers: No. Representing yourself and negotiating with an adjuster is usually not a good idea! Because you have no experience and no law degree, you are often not aware of the full value of your case. The insurance adjuster may take advantage of your inexperience. 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 adjuster.

Question: How do Rhode Island lawyers charge for negligence 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 no fee are owed unless he or she is successful in settling your personal injury case or winning a verdict at trial. The law firm typically will take the case costs from the settlement or verdict at the end of the case. Out of pocket expenses are usually advanced by the law firm.

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

Answer: You should retain counsel 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.

Your legal representation, 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 lawyers 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 he is is interested in taking the case, he 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. You will need 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.

Your legal counsel 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 legally required that you 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 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, 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. Your legal counsel may need to read relevant Rhode Island negligence case law to evaluate the merits of your personal injury case. 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. We are typically concerned that we will settle the case prior to knowing the full extent of your 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 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.

A letter of representation will be sent to all the insurance companies involved giving them general information about the case. The insurance company will open up a case file and respond via mail or a phone call. Indemnity companies are required by law to investigate the facts and look into the potential 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. An initial demand for settlement of the case is usually set forth in the settlement letter.

The adjuster 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 a negligence lawsuit should be filed. In the event that a settlement offer is made, 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 an

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, 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 go to Official Website of Rhode Island Personal Injury Law lawyer and Auto Accident Attorneys to obtain more information or contact attorney David Slepkow at 401-437-1100.

Also please visit Rhode Island Personal Injury Law lawyer and Slip & Fall attorney We also represents clients in Divorce and Family Law matters. Please see Rhode Island Divorce lawyer and Family / Child Support law Attorney

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