Personal Injury Blog

Dog bites and dog attacks have the potential to result in major, life-changing injuries. It is important to remember that victims of dog attacks may suffer permanent injuries that could cause scarring and disabilities. They may need cosmetic surgery to repair scarring or disfigurement and sometimes, even surgery cannot fix these issues. In addition to physical injuries, dog bite victims also tend to suffer psychological trauma from the attack. Victims may go into depression or experience anxiety or symptoms of post-traumatic stress disorder. Under Rhode Island law, dog bite victims can recover compensation for the injuries, damages and losses they have suffered. Rhode Island’s Strict Liability Statute Like many other states, Rhode Island has what is known as the “strict liability statute” when it comes to dog bites. The law states that the dog’s owner can be held financially responsible for the injuries and damages suffered by the victim unless the dog was within the owner’s enclosed area. An “enclosed area” could be defined as any portion within the dog owner’s property, including fenced areas, which give a person notice that the enclosed area is private. If a dog bite occurred in the dog’s enclosed area or on the dog owner’s property, the victim must prove that the dog’s owner knew about the animal’s vicious nature. This is commonly referred to as the “one-bite rule.” The dog owner is not liable for your personal injuries if the attack occurred within an enclosed area and if the dog’s owner or keeper had no prior knowledge of the dog’s vicious nature. However, you may be able to recover compensation if you were bitten on the dog owner’s property and you have evidence of the dog committing prior attacks. The law also states that if a victim were to be attacked by a dog that previously behaved in an aggressive manner or injured someone, he or she would be entitled to double damages. What the Law States Here are some of the highlights of Rhode Island’s dog bite law: The law applies not just to dog owners but also to anyone who is a “keeper” of the dog. In other words, if a dog bites someone when it is under the care of an individual other than the owner, that person (the dog’s keeper or caretaker) can also be held liable for the attack. The strict liability statute covers any injury that brings the incident within the scope of this law, regardless of whether the injury was a bite. For example, if you fell and broke your arm because you were being chased by a dog because a dog pushed you down to the ground, you can seek compensation even if you did not suffer a bite. The victim in a dog bite case could be a human being, another dog or a domestic animal or a farm animal such as a pig, sheep, lamb or horse. The dog’s owner or keeper is liable for double damages if the same dog attacks again. When the statute does not apply, a dog owner or keeper can still be held liable for being negligent or breaking the law, such as a leash law, or for intentional conduct that causes the dog to attack or bite someone. Rhode Island’s dog bite law doesn’t only cover personal injuries from dog attacks. It also gives you the right to recover damages for any property damage caused by a dog. This means you can still file a claim if a dog causes damage to any of your personal property. For example, you can recover damages if a dog tears your clothes, damages your furniture, or injures your pet. Contacting a Dog Bite Lawyer Under Rhode Island law, dog bite victims have three years from the date of the injury to file a personal injury lawsuit seeking compensation. If the statute of limitations has passed, you may lose your right to file a lawsuit and seek compensation for your losses. This is why it is crucial that you promptly get in touch with an experienced Rhode Island dog bite lawyer who can help you understand the law and help evaluate the value of your case. If you or a loved one has been bitten by a dog in Rhode Island, you may be able to seek compensation for damages, including medical expenses, lost income, hospitalization, cost of rehabilitative treatments, permanent injuries (scarring and disfigurement), disabilities, cost of cosmetic surgeries, expenses related to psychological treatment or therapy, and past and future pain and suffering. Call the experienced Rhode Island Dog Bite Lawyers at d’Oliveira & Associates at 1-800-992-6878 for a no-cost consultation and case evaluation.

A Raynham man obtained a $250,000 settlement from National Fire Insurance Company of Hartford. During the course of his employment, he was making a delivery to another business and as he stepped on metal flooring, it gave way causing him to fall. This accident caused him to sustain severe injuries to his shoulder. He called our office and we assisted him in gaining representation for both his workers’ compensation claim, as well as this third party claim. In the end, d’Oliveira & Associates remained jointly responsible with a Massachusetts lawyer, who negotiated this settlement with the insurance company. Attorney Paul d’Oliveira said, “I think this client got a very substantial settlement considering the circumstances.” A third party is a person or entity (other than the employer) who have caused or contributed to the work related injury and/or illness. Individuals may file a claim against a third party and recover monetary damages. Any proceeds from the third party settlement are not offsettable. In this client’s case, his company’s workers’ compensation insurance paid benefits and a Lump Sum Settlement because he was injured while on the job. However, because this accident occurred on another company’s property, that company’s insurance carrier was also responsible for his injuries, leading to this third party settlement. This is just one possible situation where a third party claim is possible. To fully understand your legal rights, you should contact a personal injury lawyer to know all of your options. Contact a Workers’ Compensation Lawyer If you were injured during the course of your employment, you may be entitled to compensation for your medical bills and lost income, among other related losses. A knowledgeable attorney can also determine if a third party claim should be filed. We work with knowledgeable Rhode Island Workers’ Compensation Lawyers and Massachusetts Workers’ Compensation Lawyers who can help get you the best possible compensation for your injuries. Please call our firm toll-free at 1-800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.

Riding a motorcycle, no doubt, comes with inherent risks. Riding a motorcycle at night could be even more dangerous because there are a number of hazards that are unique to nighttime riding. Even experienced motorcyclists could find nighttime riding more challenging. It is important that motorcyclists are well aware of the dangers they face when they ride at night and how they can deal with these challenges. Why is Nighttime Riding Dangerous? There are a number of factors that make nighttime motorcycle riding more hazardous: Impaired drivers: As it is, motorists can have a difficult time spotting motorcyclists on the roadway – even in broad daylight. After dark, drivers may have trouble with visibility. This challenge could get even worse when a driver is under the influence of alcohol and/or drugs. Motorcyclists are especially vulnerable to accidents caused by intoxicated or impaired drivers because they do not have much protection when a collision occurred. When an impaired driver strikes a motorcyclist, the consequences can be catastrophic or even fatal. Visibility Issues:  According to the Insurance Institute for Highway Safety (IIHS), nighttime riding, between 9 p.m. and 3 a.m. Some drivers may experience difficulty seeing when it is dark outside. This often causes major injury or fatal motorcycle accidents because even a small mistake on the part of the motorist can result in serious consequences for motorcyclists. Visibility issues may also stem from poor lighting on roadways or weather conditions at night such as rain, fog or snow. Roadway defects: The road itself could become a hazard for motorcyclists at night. For example, motorcyclists may not be able to see debris on the roadway, potholes, loose gravel or black ice in time to avoid a crash. It is often difficult to spot these dangers in the dark of the night. How Can You Ride Safely at Night? Here are just some of the ways in which you can enhance your safety while riding at night: Staying visible: It is important that motorcyclists wear clothing that is visible at night. Studies have found that motorcyclists are 37% less likely to be involved in a motorcycle accident when they wear fluorescent clothing, which makes them more visible. It is also a good idea to make sure your motorcycle gear has retro-reflective panels that will glow when hit with lights from your headlights. Reflective tape and decals on motorcycles could also help enhance visibility. The right visor: Riding with a dark, tinted visor at night is not recommended because it hampers your visibility. But you could use variations such as a yellow-tinted visor during low-light hours, such as during dusk. You could also opt for photochromic visors that adjust to light levels throughout the day. In addition, you could carry an extra pair of glasses that you can wear during the nighttime as you ride open visor. One thing to keep in mind with your visor is that it needs to be clean. You should use a simple cleaning solution with a cotton or microfiber cloth to prevent micro-scratches on your visor that could cloud the visor and hamper your vision. Temperature changes: When you ride after dark, be prepared for temperature changes. For example, fog could cause condensation and add a layer of moisture to your windshield, visor or rear-view mirrors, hindering your vision. You may be able to overcome this issue by adding a coat of anti-fogging solution to each surface. If you live in a region where the temperature fluctuates, you may want to be prepared with appropriate clothing. Cooler roads also provide less traction for your tires. Be mindful of your speed, especially as you approach corners. Safe riding: It is always best to ride defensively, which means always thinking of what you can do to stay safe if another driver doesn’t see you or recognize you are there. Always be alert and stay out of blind spots. Use your turn signals, especially at nighttime when they can grab the attention of another motorist via the flashing lights. Increase your driving distance, especially when you cannot see clearly in front of your motorcycle. If You Have Been Injured If you or a loved one has been injured in a motorcycle accident in Rhode Island during nighttime driving as a result of another’s negligence or wrongdoing, or as the result of dangerous roadway conditions, you may be able to seek compensation for your injuries, damages and losses. Motorcycle accidents have the potential to result in catastrophic injuries or even death. The experienced Providence Motorcycle Accident Lawyers at d’Oliveira & Associates can help you secure maximum compensation for your losses and help protect your rights every step of the way. Call us at 1-800-992-6878 for a free consultation and comprehensive case evaluation. You may also fill out an online contact form and one of our knowledgeable staff will be happy to assist you.

A New Hampshire woman received a $548,000 settlement from Liberty Mutual Insurance and Arbella Insurance after being injured in a slip and fall accident. She was coming out of a hotel in Rhode Island and slipped on ice in the parking lot. The ice was so bad that emergency vehicles had a very difficult time getting to her. As a result of her fall, she sustained a broken leg that required immediate surgery. d’Oliveira & Associates remained jointly responsible with another personal injury lawyer, who settled this case. Attorney Paul d’Oliveira said, “This was an excellent settlement for this client as slip and fall cases are very difficult to win in court.” Places of business owe a duty of care to the guests that are on their property. This duty of care would include ensuring their parking lots are clear of hazardous iced-over pavement that guests can easily slip on. A slip and fall accident occurring on ice can have devastating consequences, much like it did for this client. Without stable footing, you can easily lose your balance and fall awkwardly. Some of the most common injuries occurring on ice include fractured or broken bones, back injuries, concussions and ligament strains. If this should happen to you, you should contact a slip and fall lawyer to discuss the details of your claim. Contact a Rhode Island Slip and Fall Lawyer If you or a loved one were injured in a slip and fall accident, you could be entitled to compensation for your medical expenses, pain and suffering and lost earnings, among other losses. Our Rhode Island Slip and Fall Lawyers know how to get you the best possible settlement or award of your claim. Call our firm at 800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.

A Swansea man obtained a $150,000 Lump Sum settlement from Gallagher Bassett c/o Federal Insurance Company after filing a workers’ compensation claim. During the course of his employment, a machine fell over on top of him. This accident caused him to sustain injuries to his back, head, neck and shoulders. He called our office and our knowledgeable staff began to gather details on his case. In the end, d’Oliveira & Associates remained jointly responsible with a Massachusetts workers’ compensation lawyer, who negotiated this Lump Sum settlement with the insurance company. Attorney Paul d’Oliveira said, “This was a great settlement of this case as very few workers compensation cases settle for over $100,000.” If you were injured at work in Massachusetts, you could qualify for workers’ compensation benefits as long as your injury occurred while you were completing work activities. These benefits come from your employer’s insurance company. In the beginning, it may appear as though the insurance company is cooperative and providing you with all you are entitled to. However, over time, they will ask you to be seen by their doctors. They will likely use these medical reports to justify a reduction of your benefits or to completely stop your benefits. For this reason, it is always a good idea to speak with a workers’ compensation lawyer from the very beginning to ensure you are properly compensated from the start of your claim to its full completion.  Contact a Fall River Workers’ Compensation Lawyer If you were injured during the course of your employment, you may be entitled to compensation for your medical bills and lost income, among other related losses. In some cases, you may be eligible for a Lump Sum settlement. We work with experienced Fall River Workers’ Compensation Lawyers who can help get you the best possible compensation for your injuries. Please call our firm toll-free at 1-800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.

Motorists have a duty under Rhode Island law to exercise care and caution when they drive. Drivers also need to realize that they share the roadway with other types of vehicles such as bicycles and motorcycles as well as pedestrians. Rhode Island motorcycle accidents in particular occur largely because of motorists’ negligence or carelessness. When a passenger vehicle collides with a motorcycle, often we see that it is the motorcyclist who ends up suffering catastrophic or fatal injuries. Our experienced Rhode Island motorcycle accident lawyers regularly represent the interests of motorcyclists who have been injured in an accident and are struggling with medical expenses and other financial burdens. Having represented injured motorcycle accident victims and families that have lost loved ones in Rhode Island motorcycle accidents, we know about the common mistakes motorists make around motorcyclists that often lead to tragic collisions. Understanding how these situations arise may help us all prevent these avoidable accidents. Common Mistakes Motorists Make Here are some of the most common, every day, avoidable mistakes motorists make around motorcycles: Unsafe left turns: These can be one of the deadliest mistakes motorists can make. According to the National Highway Traffic Safety Administration (NHTSA), left-turn crashes account for more than 40% of all crashes between motorcycles and other vehicles. It commonly occurs when motorists fail to see oncoming motorcyclists or miscalculate their speed before making a left turn. Often, these types of mistakes result in a head-on collision or side-impact collision, which could prove catastrophic or fatal for the motorcyclist. We will typically see that motorcyclists are thrown off their vehicles and onto the pavement suffering significant injuries that could leave them permanently disabled. Head injuries are also extremely common in these types of accidents. Changing lanes: When motorists change lanes, they may look out for other passenger vehicles or larger vehicles. Oftentimes, drivers fail to consciously look out for motorcycles that may be on the other lane. This can lead to motorists making a lane change in front of the motorcyclist who may not have sufficient time to change course or move to another lane. This could also result in devastating injuries for motorcyclists. Excessive speed: When motorists travel at a high rate of speed or at speeds that are unsafe for traffic, roadway or weather conditions, they may put others on the roadway at risk. Motorcyclists are particularly vulnerable because they may get rear-ended by a motorist who can’t stop the vehicle in time because he or she was going too fast. Following too closely: Motorists would be well advised to give motorcyclists sufficient room. Following a motorcycle too closely can be a serious mistake. When motorists are distracted or traveling too fast for the conditions, there is a risk of rear-ending the motorcyclist. Once again, rear-end crashes often prove catastrophic or fatal for motorcyclists who get thrown off the motorcycle and suffer grave injuries. There’s also another reason why following a motorcyclist closely could increase the risk of a rear-end collision. Motorcyclists often choose not to apply their brakes when they slow down, mostly for safety reasons. Instead, motorcyclists will let up on the throttle or downshift if they need to slow down quickly. If the driver is not following at a safe distance or not paying attention, he or she could be surprised when the motorcyclist slows down because the motorcycle’s brake lights may not illuminate. Injuries and Compensation While these may seem like simple mistakes, their consequences could be deadly. Motorcyclists who are victims of such mistakes end up suffering injuries such as traumatic brain injuries, spinal cord damage, multiple broken bones, internal organ damage and road rash. Victims often have to take an extended amount of time from work because of lengthy hospitalization, rehabilitation, etc. If you have been injured in a motorcycle accident caused by a negligent motorist, you may be able to seek compensation for damages, including medical expenses, lost wages, hospitalization, cost of rehabilitation, pain and suffering and emotional distress. If you have lost a loved one in a Rhode Island motorcycle accident, you may be able to file a wrongful death lawsuit seeking compensation as well. After a motorcycle accident, there are a number of important steps victims might want to take in order to protect their rights. Make sure you file a police report and obtain a copy for your records. Be sure to get prompt medical attention, treatment and care for your injuries and follow through on your doctor’s treatment recommendations. It is also crucial that you contact an experienced Rhode Island motorcycle lawyer who can help protect your rights and help you receive maximum compensation for your losses. Call us at 800-992-6878, or fill out an online contact form for a free (no obligation) case evaluation.

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.