Personal Injury Blog

Recently d’Oliveira & Associates attorney, D. Robin Gouveia, obtained a combined $225,000 settlement from Cincinnati Insurance Companies and Arbella Insurance for a Fall River man, who was injured in a slip and fall accident. Our client was walking into a store when he tripped and fell over a wire that was not secured to the ground, nor had any warnings or markings that it was there. As a result, our client suffered hand and hip injuries which required surgery. Attorney D. Robin Gouveia said, “The client provided us with photographs taken at the scene, which helped tremendously in proving liability.  It showed unequivocally the wire was in a position unsafe for patrons to walk in and out of the store. We ensured all medical bills were paid and reduced the health lien to maximize the net recovery to the client.” Property owners owe a duty of care to the people on their property. This would include places of business. The owners must maintain the property in a safe condition and warn of any defects on the property. In the case with our client, the raised wire was the unsafe condition that had no warning. Other examples of unsafe conditions could include: water or liquid on the ground, holes in the flooring or pavement, faulty or broken stairs, as well as other dangerous conditions. You should always consult with a slip and fall attorney about the details of your situation to best ascertain if you have a case. Contact a Fall River Slip and Fall Lawyer If you or a loved one were injured in a slip and fall accident, you may be entitled to compensation for your medical bills, pain and suffering and lost wages, among other related losses. Our Fall River Slip and Fall Lawyers know how to best negotiate with insurance companies to get you the best possible settlement or award of your claim. Call our Fall River office at 508-677-0500 or fill out an online contact form for a free (no obligation) case evaluation.

Dog bites and dog attacks often result in major injuries. As Rhode Island dog bite lawyers, we are often asked if a landlord or property owner can be held liable for a dog attack. Typically, the responsibility for injuries caused by a dog attack rests on the dog owner. However, there are certain situations when a landlord could be held liable. Rhode Island has a strict liability statute when it comes to dog bite cases. This means the owner or the dog’s keeper is liable for any injuries and damages the dog causes. So, if the attack occurs when the dog is in the care of someone other than its owner, such as a dog walker, the owner of the dog walker could be held liable for the attack. The strict liability applies only if the injured person was legally present in the location where the bite occurred and if the injured person did not provoke the dog. When is the Landlord Liable? In a vast majority of cases, if a dog bites someone, typically, the dog’s owner is solely responsible for the injuries and damages caused. However, here are examples of some situations where a landlord can be held liable: Knowledge of the danger: If the landlord had knowledge that a dog was dangerous, he or she could be held liable. For example, if the dog had bitten or attacked someone previously and the landlord had knowledge of the attack, then the landlord could be held liable for the injuries and damages caused to dog bite victims. This is particularly true if the property owner knew that the animal posed a danger but still allowed it to remain on the property. However, if the landlord knew a dog was dangerous but did not have the ability to remove the dog, he or she cannot be held liable. For example, if the property owner tried to remove a dangerous dog from his property, but such a move was blocked by a court, then the landlord cannot be held financially responsible for a dog bite or dog attack that occurs, even if it occurred on his property. Failure to remove the dog: In a situation where the landlord had knowledge that a dog was dangerous and had the ability to remove the animal but chose not to, the landlord could be held liable if the dog injured someone. For example, if a tenant signed a lease agreement stating that they would get rid of a dog that exhibited any type of dangerous or vicious behavior, the landlord should enforce the agreement. If the landlord fails to follow through on the contract and the dog bites someone, the landlord could be held liable. This is because the landlord knowingly and willingly allowed a dangerous dog that was a threat to continue to live on the property. Harboring an animal: If the landlord cares for a dog as if he or she owns the dog, then he or she will inherit the same liability as the dog’s actual owner if the dog injures someone. For example, if the landlord feeds the dog, takes it for walks and watches it when the owner is not around, he or she becomes a “de facto owner.” Negligence: There are also situations where a property owner can be found negligent. For example, if a dog escaped a home or yard due to inadequate maintenance of the property and bites someone, there is a good chance that the property owner or landlord can be held liable. If the landlord knew the dog was aggressive and failed to replace or repair a section of a fence or wall causing the animal to escape and harm someone, the property owner can be held financially responsible for the damages caused as well. Injuries and Compensation Dog bites have the potential to result in major injuries ranging from lacerations and puncture wounds to broken bones, internal injuries and even limb amputations. Injured dog attack victims may be able to seek compensation for damages such as medical expenses, lost income, hospitalization, cost of cosmetic surgery, rehabilitative treatments, psychological therapy, cost of ongoing treatment, pain and suffering and emotional distress. Our experienced Rhode Island dog bite lawyers have helped dog bite victims secure maximum compensation for their losses and have assisted in holding negligent dog owners and landlords accountable. Call us at 800-992-6878, or fill out an online contact form to find out how we can help protect your rights.

Recently d’Oliveira & Associates attorney, Laura Cameron, obtained a combined $278,000 settlement from Main Street America Group and Geico for a North Kingstown man, who was injured in a motorcycle accident. Our client was violently struck by a vehicle attempting to make a sudden turn into our client’s established lane. Our client sustained a broken leg and cuts to his knee. Attorney Laura Cameron said, “I am very pleased that we were successful in our battle with the insurance companies to get all available insurance money for this client without having to litigate.” Being involved in a motorcycle accident is not only a dangerous situation, but it can be a difficult case to pursue, even if you were clearly not at fault. A common statement the negligent driver will say to his or her insurance company is that they never saw the motorcyclist coming. They may try to claim that the motorcyclist was either partially or totally at fault. The insurance company will try to either deny your claim or offer you much less then you really deserve. To safeguard any possible settlement or award, consider hiring a motorcycle accident lawyer who can negotiate with the insurance company on your behalf and obtain for you a fair and just compensation for your injuries and losses. Contact a Warwick Motorcycle Accident Lawyer If you or a loved one have been injured in a motorcycle accident, you may be entitled to compensation such as medical bills, lost time at work and pain and suffering, among other related losses. Our Warwick Motorcycle Accident Lawyers will fight hard to get you what you deserve. Call our Warwick office at 401-490-6907 or fill out an online contact form for a free (no obligation) case evaluation.

Recently d’Oliveira & Associates attorney, D. Robin Gouveia, obtained a $191,000 settlement from Commerce Insurance for a New Bedford man, who was injured in a motorcycle accident. Our client was riding his motorcycle and was struck by a vehicle that made a sudden turn into his lane. This devastating accident propelled our client several feet from the accident scene. The severity of this accident left our client with several injuries that required surgical intervention and other forms of therapy. Attorney D. Robin Gouveia said, “After conducting initial settlement discussions with the insurance company, it was clear they did not want to pay a fair value.  We convinced them to submit the matter to binding arbitration.  We presented the case and obtained an award for the full value of the claim. ” Being involved in a motorcycle accident is a very traumatic experience. Unlike a vehicular accident, where you are surrounded on all sides by metal, a motorcycle accident has no such protection. Depending on the speed of travel, you could very well land several feet from the point of impact, much like in the case of our client. To make matters worse, the insurance companies will do all they can to compensate you as little as possible. The motorist who struck your motorcycle may attempt to say they never saw you, which plays right into the insurance company’s plans. For these reasons, you should contact a motorcycle accident lawyer who can obtain all you are entitled to. Contact a New Bedford Motorcycle Accident Lawyer If you or a loved one were injured in a motorcycle accident, you may be entitled to compensation for your medical bills, pain and suffering and lost wages, among other related losses. Our New Bedford Motorcycle Accident Lawyers know how to negotiate with insurance companies to get you the best possible settlement or award of your claim. Please call our New Bedford office at 508-984-8400 or fill out an online contact form for a free (no obligation) case evaluation.

Recently, a Cumberland woman obtained a $100,000 settlement for a HIPAA violation case. This client had personal and confidential medical information viewed by someone who was not her healthcare provider or someone she authorized. d’Oliveira & Associates remained jointly responsible with another attorney who settled this case.  HIPAA (Health Insurance Portability and Accountability Act) is a federal law established in 1996 that requires standards to be followed to protect a patient’s health information. Information in medical records, conversations with healthcare providers and billing information are all protected under this law. If a HIPAA violation is committed, one may be able to sue the organization that committed the breach. Each case will vary from state to state due to unique state laws.  If you feel like your rights were violated, you should contact an attorney to discuss your legal options. Contact an Experienced Rhode Island Personal Injury Lawyer If you or a loved one experienced a HIPAA violation, speak with an experienced Rhode Island Personal Injury Lawyer who will fight to get you the compensation you deserve. There is no fee to you unless we win your case. Call us today at 800-992-6878 or fill out a contact form for a free (no obligation) case evaluation.

We are excited to announce the grand opening of our firm’s 16th location in Wareham, Massachusetts. Located at 2510 Cranberry Highway 02571, we are conveniently in the heart of Wareham, just a short trip from both I-195 (off exit 39) and I-495. Cranberry Highway (Route 28), where our office is located, is named after Wareham’s historic cranberry industry which dominated the economy in its early years. In current times, Wareham is home to the Cranberry Marketing Committee by the U.S. Department of Agriculture. Wareham itself is mostly a residential town with a strong summer tourism industry. Our firm is certainly happy to have joined this thriving community! For over 30 years, d’Oliveira & Associates has been providing excellent results for personal injury victims. One of the many ways we take care of our clients is by ensuring they have a convenient location to go to. We know that this is especially important for personal injury victims because, after a serious accident, traveling can become a burden that is unbearable. With the opening of our office in Wareham, we can now give clients in southeastern Massachusetts an even closer option to go to. As we continue to grow, we will still provide the same personal care to each client who chooses us, just like we have since 1989, when we only had 2 offices. We work hard for our clients and care for them as though they were family. By allowing us to handle your case, you can focus on what is truly important; your health. All of the attorneys at our firm have at least 20 years of experience representing people injured in an accident or who need disability benefits. The attorney who will be overseeing our Wareham office, attorney D. Robin Gouveia, is among those attorneys. She and her seasoned staff have always worked hard on behalf of their clients and will continue to do so for our Wareham clients. Attorney D. Robin Gouveia has earned the praise and respect from her clients from many 5-Star Google Reviews. One of them reads as follows: “Attorney Robin Gouveia did a wonderful job handling my case. Especially with the circumstances of dealing with COVID-19. I did not even have to step into the office. She made it very easy to complete my suit over the phone and internet. She referred me to an awesome chiropractor and took on my case like it was her own. She was very professional and caring with explaining what would go on and was always there to answer any questions I had. When the case closed she wrapped everything up and made sure I didn’t have to deal with nonsense stuff to save me time and got me the best results to deal with my case. I highly recommend her firm. I will definitely be going back if I ever need a law firms help. Thank you Attorney Robin Gouveia!” Contact a Wareham Personal Injury Lawyer Today If you or a loved one were injured due to the negligence of another in or around Wareham, you should contact d’Oliveira & Associates. Our Wareham Personal Injury Lawyers have the experience and knowledge to get you the compensation you deserve. There is no upfront out of pocket costs to you and you only pay if your case is won and you receive a settlement or award. Contact our Wareham office at 508-295-1230 or fill out a contact form online for a free (no obligation) case evaluation.

Recently d’Oliveira & Associates attorney, Laura Cameron, obtained a $215,000 settlement from Chubb Insurance for a woman, who was injured in a car accident. Our client was stopped for traffic when another vehicle slammed into her vehicle from behind. Due to this accident, our client suffered daily pain and functional limitations. She missed significant time at work and had to undergo physical therapy, as well as other medical treatments, including surgery. Attorney Laura Cameron said, “I was very happy to get this individual an excellent resolution without litigation.” A split second of carelessness from a negligent driver can leave you in serious pain, much like it did for our client. Even if you have a car accident case where it was clearly the other driver’s fault, the insurance companies will still try to give you as little as possible to compensate you. They will use every trick in the book to downplay your injuries and your pain and suffering. This is simply just not fair to you, who did nothing wrong. Thankfully, you do not have to travel this road alone. Laura Cameron, as well as the other lawyers with our firm, have the experience and knowledge to get you properly compensated for your claim. Entrust our firm with your case so you can be on the road to recovery. Contact a Warwick Car Accident Lawyer If you or a loved one have been injured in a car accident, you may be entitled to compensation such as medical bills, lost time at work and pain and suffering, among other related losses. Our Warwick Car Accident Lawyers are experienced in negotiating with insurance companies to get you the best possible settlement or award of your claim. Please call our Warwick office at 401-490-6907 or fill out an online contact form for a free (no obligation) case evaluation.

Car accidents are among the leading cause of death in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there were 36,096 deaths as a result of traffic accidents in 2019. Each year, millions of Americans are injured as a result of motor vehicle accidents as well. It is worth noting that more than half of the people killed in car accidents were not wearing seatbelts at the time of the crash. It is a well-established fact that wearing a seatbelt is the most effective way to prevent death and serious injury in a car accident. There is no question that seatbelt use has been on the rise. Thanks to seatbelt laws, education and technology, the national use rate was at 90.7% in 2019. Of the over 22,000 passenger vehicle occupants killed in 2019, nearly half were not wearing seat belts. Seat belts saved nearly 15,000 lives and could have saved an additional 2,549 people if they were wearing a seatbelt. The Benefits of Buckling Up When you wear a seatbelt, you are kept safe and secure inside a vehicle. When you are not buckled up, you could be completely or partially ejected from the vehicle in the event of a crash, which could result in catastrophic injuries or death. It is important to remember that airbags alone are not sufficient to protect occupants during a crash. In fact, the force with which an airbag deploys can seriously injure or even kill vehicle occupants if they are not buckled up. People who don’t wear their seatbelts properly are also at risk. For example, if you place the strap of the seatbelt below your arm, you face a heightened risk of serious injury in a crash. According to NHTSA’s statistics, if you buckle up in the front seat of a passenger car, you can reduce your risk of death by 45% and moderate to critical injury by 50%. If you use a seatbelt in a light truck, you can decrease your risk from fatal injury by 60% and for moderate and critical injury by 65%. Studies have shown that teens and young adults are least likely to use a seatbelt and men are less likely than women to buckle up. A 2017 National Occupant Protection Use Survey (NOPUS) showed that seatbelt use was higher in states like Rhode Island, where vehicle occupants could be pulled over by the police solely for not wearing a seatbelt. According to the NOPUS study, people who live in the western region of the United States are more likely to wear a seatbelt. Among vehicle owners, occupants of vans and SUVs are more likely to buckle up, while the occupants of pickup trucks are the least likely. Primary and Secondary Enforcement Laws Laws requiring seatbelt use could be either “primary” or “secondary” enforcement laws. Primary enforcement laws allow law enforcement officials to pull over drivers and issue citations just because the drivers or their passengers are not buckled up. Secondary enforcement laws only allow law enforcement officials to issue tickets for seatbelt violations if the drivers have been already pulled over for some other offense. Secondary enforcement greatly limits officials’ ability to enforce seatbelt laws. “Enhanced enforcement” programs seek to better support seatbelt laws by either increasing the average number of citations officers issue or by increasing the number of officers on patrol. These measures are supported by campaigns such as the “Click It or Ticket” initiative. Studies have shown that enhanced enforcement programs increase seatbelt use by a median of 16 percentage points. Selt Belt Safety Inforgraph Have You Been Injured in a Car Accident? If you or a loved one has been injured in a car accident involving someone else’s negligence or wrongdoing, you may be able to seek compensation for your injuries, damages and losses. Injured victims can seek compensation for damages, including medical expenses, lost wages, hospitalization and pain and suffering. Families that have lost loved ones in car accidents may be able to file a wrongful death lawsuit against the at-fault party for losses damages such as medical expenses, funeral and burial costs, lost future income and loss of love and companionship. Our experienced Rhode Island car accident lawyers have a long and successful track record of helping injured car accident victims and their families seek and obtain maximum compensation for their losses. We do not charge any fees unless we have recovered compensation for you. Call our personal injury law firm at 1-800-922-6878 to schedule a no-cost, no-obligation consultation and case evaluation.

A Rhode Island woman obtained a $1,700,000 settlement for a medical malpractice claim. It turned out that she had stage four (4) cancers after previous doctors told her that recent tests came back negative. Had these results been accurately given to her, she would have been able to manage these cancers far better. d’Oliveira & Associates remained jointly responsible with a Rhode Island medical malpractice lawyer, who obtained this combined settlement for the client. Attorney Paul d’Oliveira said, “Fortunately this woman survived, however, we have seen far too many cases where doctors and hospitals don’t do their proper due diligence to determine if a person has cancer.” Medical malpractice lawsuits are among the most serious of all personal injury cases. If the negligence of a health care provider causes you to have a permanent injury, you may have a medical malpractice case. For these cases, it is highly recommended that you do not handle it alone. The insurance company for the healthcare provider will hire experts to try and deny your claim. If you hire a medical malpractice lawyer for your case, they too will hire experts to prove your case and anything else that needs to be done. There are so many complex intricacies to medical malpractice cases that you really should hire a lawyer to represent you. Contact a Rhode Island Medical Malpractice Lawyer If you or a loved one were injured due to the medical mistake of a doctor and have suffered a permanent injury, you may be entitled to compensation for your medical bills, lost income, pain and suffering, as well as any other related losses or damages. You should contact an experienced Rhode Island Medical Malpractice Lawyer to fight for your rights and to get you the best possible compensation for your injuries. Call us today toll-free at 1-800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.

Suffering a serious illness or a disability that prevents you from going back to work and earning a livelihood can be financially and emotionally devastating for individuals and families. But as a silver lining, in Rhode Island, you may still be able to apply for and receive Social Security Disability (SSD) benefits if you have been diagnosed with a “qualifying” disability or illness that has left you unable to work. In order to qualify for SSD benefits, a doctor will need to examine you and affirm that your illness or disability is severe enough to prevent you from going back to work. You don’t need to go in to an office to apply. You can do so online, which is convenient and certainly a better option during the coronavirus pandemic. However, it is fairly common for people to be denied benefits when they initially apply, even if they provided the necessary documentation. As COVID-19 disruptions abound, appealing a denial of benefits can feel particularly complex, stressful and intimidating. If your application for benefits has been denied and you are not sure about how to proceed, here are a few options you may wish to pursue. What the Appeals Process Entails If your benefits were denied, you should receive a letter from the Social Security Administration explaining why that determination was made. The letter will typically also contain suggestions to move forward. An individual whose benefits have been denied would have 60 days after the first notice to request a review and appeal for reconsideration. The first step if your disability claim is denied is to request an appeal. A crucial step in this process is to make sure you have compiled all the necessary information to show that you have been afflicted with an illness or disability that affects your ability to perform your job. If you left out a key piece of evidence in your original filing, this is the time to make sure you include that information. Your Rhode Island Social Security Disability lawyer will be able to help you identify such evidence, compile and present it during your appeal process to help you achieve the best possible outcome. If that initial appeal is denied, your attorney will file a request for a hearing in front of an Administrative Law Judge who was not involved in the initial reconsideration of your case. If the judge denies your request as well, you may be able to file for a review by the Appeals Council. But, in some cases, the council could still deny your request. Filing a lawsuit in federal court is typically the last step in this process. How to Improve Your Chances There are several steps you can take to improve your chances of successfully appealing your SSD denial. First, it is important that you consider submitting new medical evidence. If you experience any changes in your medical condition, it is critical and required that you inform the Social Security Administration. The additional paperwork could be cumbersome, but depending on your situation, it could work to your advantage. New medical evidence, for example, if it shows you suffered additional setbacks in your health or physical condition, may help you get a new decision because it gives the person evaluating your case more reasons to award benefits. It could also be extremely beneficial to get your doctors’ testimonials. The SSA will take these types of assessments from medical professionals into serious consideration when evaluating a particular case. If your application was denied at first, it may help to provide more evidence that your illness or disability qualifies for benefits. In order to do this, you can have your doctor fill out a residual functional capacity form or submit a revised form documenting a new medical issue or a problem that got worse. As part of this document, they can also provide descriptions of your medical condition to reinforce why they believe that your condition is severe enough to warrant financial support. Contacting an Experienced Lawyer Irrespective of the approach you wish to take with regard to your appeal, it would be in your best interest to contact an experienced Rhode Island Social Security Disability lawyer to discuss your options. Our SSD lawyers at d’Oliveira & Associates are extremely knowledgeable about the appeals process. We also work on a contingency fee basis, which means we only receive payment if your case is successful. If your application for disability benefits has been denied, we are here to help. Call us at 800-992-6878 for a free and comprehensive consultation.