Personal Injury Blog

Recently d’Oliveira & Associates attorney, D. Robin Gouveia, obtained a $125,000 settlement from Plymouth Rock Insurance for a Dartmouth woman, who was injured in a car accident. Our client was attempting to make a left turn when a distracted driver collided with the rear of her vehicle. This accident left our client in tremendous pain and required invasive surgery for her injuries.  Attorney D. Robin Gouveia said, “Liability in this crash was immediately determined to rest on the other party.  We provided assistance to our client to help navigate this stressful and traumatic time.  We handled all the paperwork from the insurance company and from the medical providers to ensure she was allowed to focus on her treatment and recovery.  We used medical evidence and impact statements to support her claim and negotiate a well-deserved settlement.” Distracted driving accounts for hundreds of thousands of car accident injuries each year. Additionally, about 3,000 people die in car accidents involving a distracted driver each year. According to the CDC, if a driver is driving at 55 mph and is sending or reading a text, it is the same as driving the length of a football field with your eyes closed. These startling numbers make it even more important to contact a car accident lawyer if you are injured from this unfortunate situation. Whether you need a Rhode Island Car Accident Lawyer or a Massachusetts Car Accident Lawyer, d’Oliveira & Associates is here to help you! Contact a New Bedford Car Accident Lawyer If you or a loved one were injured in a car accident, you may be entitled to compensation for your medical expenses, pain and suffering and lost income, among other related losses. Our New Bedford Car Accident Lawyer knows 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.

Determining fault and liability is one of the most important aspects of making sure that you receive compensation for the injuries and damages you may have sustained in a Brockton car accident. However, proving fault can be a challenge for plaintiffs who have the burden of proof in a personal injury case, which means they must show evidence that the defendant’s negligence or wrongdoing caused their injuries. Often, other drivers may not be honest about what happened because they are fearful of the consequences. A car accident can be costly for the at-fault party especially when someone suffers serious or fatal injuries. In such cases, where there are heavy losses, it is especially important to assign fault because as the victim, you should not have to bear the burden of financial expenses and other losses. If you or a loved one has been injured in a car accident, an experienced Brockton car accident lawyer can help determine the facts, fight for your rights and maximize your compensation. Tools That Help Determine Fault There are a number of tools and pieces of evidence, which can be utilized to tell who is at fault after a car accident: Images from the scene: Photos, videos and surveillance images from the scene of the crash can help tell the story of what happened, including who was at fault for a crash. With the advent of smartphones, almost everyone has the ability – whether they are drivers, passengers or eyewitnesses – to take photos and videos of a car accident. Some vehicles are even equipped with dashboard cameras, or dash cams, that can capture the accident in real time. Examples of photos from the scene that could be helpful include tire marks (skid marks) that might reveal whether or not the driver slammed on their brakes before the collision; empty bottles or cans of beer that might point to alcohol or drug use suggesting that the driver was under the influence; or surveillance camera videos that capture the accident in real time. Damage to the vehicles: In many cases, insurance adjusters, investigators and police officers will also thoroughly examine vehicle damage and the location of the damage to determine who was at fault. Sometimes, damage clearly demonstrates fault. For example, when a distracted driver who is not paying attention to vehicles ahead strikes the car in front causing a rear-end collision, the damage to the vehicle can clearly tell what happened and who was at fault. Other times, the fault may not be as obvious, but the location of the damage can help. For example, when a driver runs a red light and strikes another vehicle, the location of the damage can help determine who was at fault. In other words, the location of the damage can tell us about who ran the red light and struck whom. Some times, rust patterns and paint transfers to other vehicles can also help determine fault. Statements from eyewitnesses: The testimony of someone other than those involved who saw the crash can be extremely powerful in a car accident case. This is why it is critical to get contact information for anyone who may have witnessed the crash. However, it is also important to remember that not all eyewitnesses are equal. For example, if a witness was under the influence at the time, he or she may not be credible. Data from event data recorders: A majority of cars these days come with an event data recorder or EDR that records information much like an aircraft’s black box. These recorders are federally mandated in all passenger cars and trucks. The recorders capture information leading up to an accident, as well as during and after an accident. Examples of useful information found in an EDR include whether the driver and passenger were wearing seatbelts, whether the airbag deployed, if the driver applied the brakes, etc. Accident reconstruction: Police departments, insurance companies and law firms sometimes rely on accident reconstruction experts to determine fault in a car accident. This is fairly common in major accidents where multiple vehicles, victims and fatalities may be involved. Such expert analysis, in addition to determining fault, could also be extremely valuable in a car accident case. Contacting an Experienced Brockton Car Accident Lawyer Determining fault and liability in a car accident can be challenging because of the complexities and multiple moving parts in such cases. If you suffered serious injuries in a crash, it is important that you contact an experienced Brockton car accident lawyer who has the knowledge and resources to thoroughly investigate your case and build a strong case so you get the maximum compensation for your damages and losses. Call d’Oliveira & Associates at (800) 992-6878 to obtain more information about pursuing your legal rights.

Recently d’Oliveira & Associates attorney, Laura Cameron, helped to obtain a $425,000 settlement from Commerce Insurance Company for a Medway client, who was injured in a car accident. Our firm was jointly responsible with another personal injury lawyer in obtaining this settlement. As a passenger, our client was severely injured due to the negligence of the driver. Among other things, the driver failed to stop at a stop sign and was hit by a truck in the process.  This accident left our client with scars both physically and emotionally. While our client has treated for injuries, it is expected that future medical treatment will be necessary. Attorney Laura Cameron said, “I was pleased to get this settlement for this very deserving individual.” For over 30 years, d’Oliveira & Associates has been successful in obtaining the compensation our clients deserve. We understand that this is a trying time in your life and that is why we are dedicated to not only obtaining the best possible outcome for your case, but make sure you are fully informed the entire time. You can rest and recover knowing our firm is properly handling your case. Contact an Experienced Personal Injury Lawyer If you or a loved one were recently injured in a car accident, you may be entitled to compensation such as medical expenses, pain and suffering and lost earnings, among other losses. Our Personal Injury Lawyers are experienced in working with insurance companies to get you the settlement or award you deserve. Please call us at 1-401-490-6907 or fill out an online contact form for a free (no obligation) case evaluation.

It’s been more than 10 months since the novel coronavirus began to surge across the United States. Rhode Island was not spared. More than 110,000 cases and 2,083 deaths have been reported statewide. While cases are down compared to a few months ago and overall case positivity rate has stayed below 5%, Rhode Island, like the rest of the country continues to grapple with additional new cases, deaths and the challenges of vaccine distribution. Life has not returned to “normal” in Rhode Island quite yet. But schools have resumed in-person learning and people are out and about despite several limitations. People also continue to suffer personal injuries in car accidents, slip-and-fall accidents and other mishaps caused by someone else’s negligence or wrongdoing. If you or a loved one has been injured, you may have a number of questions about how your claim will be settled or adjudicated. Here are some key questions answered with regard to Rhode Island personal injury claims. Are Courthouses Open? It is important to know that courthouses are open and functioning in Rhode Island. Personal injury cases are filed and heard in civil courts. All courthouses are observing social distancing guidelines, verbally screening those entering the buildings, and requiring all who enter to wear facemasks. Filings can be made through the electronic filing system, by mail or other means, as allowed by the rules or administrative orders of each court. Your Rhode Island personal injury lawyer can help ensure that your personal injury case is filed with the proper documentation and on time. Getting Medical Treatment If you have been injured because of a car accident, slip-and-fall accident or some other traumatic event, it is very important that you receive prompt medical attention, treatment and care. This is critical not just because getting medical care generates the documentation and evidence that plays a significant role in bolstering your personal injury case, but also because getting the care and treatment you need helps put you on the road to recovery. During the coronavirus pandemic, you may hesitate to visit a hospital, emergency room or doctor’s office for treatment due to concerns about contracting the virus. While these concerns are justified, it is still true that getting the treatment you need is vital when it comes to your health and well-being, and documenting your injuries and treatment. If you don’t seek prompt medical care and fail to follow your doctor’s recommendations for follow-up treatment and care, you may be jeopardizing your personal injury claim. You should do your best to keep up your medical appointments as much as possible while following all recommendations set forth by the Centers for Disease Control and Prevention (CDC) including social distancing and using face coverings. Since healthcare facilities are busy caring for COVID-19 patients, you may need to wait longer to receive treatment. This could also mean that your case could take a little longer to settle because you won’t know the full scope of your damages until you complete your treatment and reach maximum medical improvement. Settling a Providence Personal Injury Case If you have suffered an injury as the result of a car accident or some other traumatic event, you may be undergoing significant financial strain, often made worse by the complexities of the COVID-19 pandemic. You may need the money from your settlement urgently to pay the mortgage, rent or other bills. Some insurance companies may attempt to manipulate you or exploit your misfortunes by offering an unfair, low settlement. It is crucial that you contact an experienced Providence personal injury lawyer before you accept any settlement from the insurance company. Rushing to accept a low settlement may mean that you will not be compensated for the totality of your losses. Talk to your lawyer before you make such a critical decision that could potentially affect your financial future. Contacting a Providence Personal Injury Lawyer The coronavirus pandemic should not affect your ability to get in touch with an experienced Providence personal injury lawyer. At d’ Oliveira & Associates, you will still be able to talk to a lawyer by phone or through video conferencing. We can help guide you through the complexities of navigating a personal injury lawsuit, particularly during this pandemic. While a pandemic is a temporary situation, which we hope will end soon, a personal injury case is something that can have an impact on you and your family for a long time to come. Therefore, it is crucial that you don’t delay contacting a personal injury lawyer because of the pandemic. Our personal injury lawyers are here to serve all new and current clients. Do not wait to take action because doing so could drastically reduce the value of your personal injury case. Call us at (800) 992-6878 for a free consultation and comprehensive case evaluation.

A Taunton man obtained a $145,000 settlement from Ace American Insurance Company after filing a workers’ compensation claim. During the course of his employment, he slipped and fell on a patch of ice while shoveling snow. This injury left him with lower back pain, as well as injuries to his shoulder, elbow and calf. d’Oliveira & Associates remained jointly responsible with a Massachusetts workers’ compensation attorney, who negotiated a Lump Sum settlement with the insurance company. Attorney Paul d’Oliveira said, “In my 31 year career, I have seen very few workers’ compensation cases settle for over $100,000. I feel this client got an excellent settlement for his injuries.”    Even though you respect your employer, it is always a good idea to seek legal counsel after a work-related injury. After you start receiving workers’ compensation benefits, your employer’s insurance company will eventually require you to get checked out by one of their doctors to assess your injuries. More times than not, this will prompt your employer’s insurance company to start reducing or completely remove your benefits, even if their report is contrary to your personal doctor’s report. Contacting a workers’ compensation lawyer can help safeguard your benefits and not have them prematurely lowered or taken away.    Contact a Taunton Workers’ Compensation Lawyer If you were recently injured during the course of your employment, you may be entitled to compensation for your medical expenses and lost earnings, among other losses. In some cases, you may be eligible for a Lump Sum settlement. You should contact an experienced Taunton Workers’ Compensation Lawyer to discuss all of your options and to get you the best possible compensation for your injuries. Please call us today toll-free 24/7 at 1-800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.

A Fall River man obtained a $100,000 settlement from Ace American Insurance Company after filing a workers’ compensation claim. During the course of his employment, he was loading a couch into a truck and injured his right arm in the process. Surgical repair was required followed by physical therapy rehabilitation. d’Oliveira & Associates maintained joint responsibility with a Massachusetts workers’ compensation attorney, who negotiated a Lump Sum settlement with the insurance company.      Nearly all injuries that happen while you are on the job can be covered by filing a workers’ compensation claim. The key is if this was a work-related injury. Therefore, an accident on the job, illnesses that occur as a result of exposure to work activities, exposure to chemicals on the job and even injuries that happen as a result of traveling for the job can be covered under workers’ compensation benefits. Contact a Fall River Workers’ Compensation Lawyer If you or a loved one were recently injured while on the job, you may be entitled to compensation for your medical expenses and lost earnings, among other losses. You should contact a knowledgeable Fall River Workers’ Compensation Lawyer to discuss all of your options and to get you the best possible compensation for your injuries. Please call us today toll-free 24/7 at 1-800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.

According to one source, hundreds of people are killed by a very specific design defect in tractor trailers. About 600 people each year are killed by a trucking accident known as underride collisions. This type of accident occurs when a vehicle runs straight into the side or the back of a truck’s trailer and goes underneath the trailer. Even at low speeds, the bottom of the trailer sheers the roof of the car, which often kills the occupants. If the car collides with the axil of the truck, it may prevent the car from going completely under, but is no guarantee that serious injuries will not still occur. In the below video, two (2) crash tests were conducted to see how well different underride guards can prevent serious injuries, as opposed to a crash where no guards were used.   As seen in the video, these accidents are preventable by installing underride guards on the sides of the truck. New laws require trucks to have underride guards on the rear of the truck, but not the sides. Those opposed to the idea state side guards add weight to the truck and would increase fuel costs. They also question the effectiveness of these guards, as the rear guards are not highly effective in preventing serious injuries. Anything above a 35 MPH collision would make the rear guard ineffective. Makers of underride guards, such as the company AirFlow Deflectors, who make Angel Wings, completely disagree with these statements. They state that their guards are aerodynamic and actually improve fuel efficiency. Many believe the trucking industry is opposing this safety idea because they do not want to spend the money to alter all of their trucks. The Angel Wings cost around $3,000 to install their guard on a 53-foot trailer. Many are petitioning their local governments to enact legislation to prevent serious injuries and death involving these types of trucking accidents. The “Stop Underrides Act” would make side guards mandatory for all trucks. It would also enhance front and rear protection for these trucks, as the current ones required buckle under too much pressure. At this time, there is no date for when this Act will go before Congress.                Contact a Rhode Island Trucking Accident Lawyer If you or a loved one were injured in a trucking accident, you should contact d’Oliveira & Associates. Our skilled Rhode Island Trucking Accident 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 us toll-free at 800-992-6878 or fill out a contact form online for a free (no obligation) case evaluation.

Recently d’Oliveira & Associates attorney, Laura Cameron, obtained a $100,000 settlement from Geico for a North Kingstown woman, who was seriously injured in a car accident. Our client was stopped, attempting to make a right turn, when another vehicle failed to stop and collided with the back of her vehicle. This accident caused our client to miss valuable time at work and required her to undergo invasive medical procedures. Attorney Laura Cameron, said that, “I am happy to get a policy limit offer for this deserving client.” Depending on the severity of the accident, a victim could be partially or even totally disabled for a period of time. Much like with our client, this disability period could last several months or even years. The time missed at work, the mounting medical bills and the pain and suffering can be enough to push anyone to the breaking point. Furthermore, if you choose to navigate this tricky situation without a lawyer, you may not receive all entitled compensation. Contact a South Kingstown Car Accident Lawyer It is imperative to get proper representation on your side when you are involved in any personal injury case. If you or a loved one were recently injured in a car accident, you may be entitled to compensation such as medical expenses, pain and suffering and lost earnings, among other losses. Our South Kingstown Car Accident Lawyers are experienced in working with insurance companies to get you the settlement or award you deserve. Please call us today toll-free 24/7 at 401-490-4332 or fill out an online contact form for a free (no obligation) case evaluation.

Recently d’Oliveira & Associates attorney, Laura Cameron, obtained a $100,000 settlement from Safety Insurance Company for a Providence woman, who was seriously injured in a car accident. Our client was injured when another vehicle improperly turned left and struck her vehicle. This accident left our client with severe neck and back pain that continues to persist today. Attorney Laura Cameron said, “I am happy that I was able to secure compensation to this individual for her injuries and for any possible treatment that she may require in the future.” The sudden shock of a car accident, especially one that is not your fault, can be a dramatic event. Nevertheless, you must maintain composure and do what must be done to best preserve your case. Following simple steps like calling the police immediately and gathering evidence from the scene of the accident, such as pictures of the damaged vehicles and injuries, can go a long way in helping your case. After this is taken care of, you should seek immediate medical attention. Of course, if your injuries are severe, you should get medical help before doing anything else. Even if you feel that your injuries are minimal, getting checked out by a doctor is to your benefit. Some injuries do not manifest themselves until several days later, so it is best to be looked at to see the extent of your injuries. Having your injuries examined by a medical professional also acts as valuable evidence for your car accident case.     Contact a Providence Car Accident Lawyer If you or a loved one were recently injured in a car accident, you may be entitled to compensation such as medical expenses, pain and suffering and lost earnings, among other losses. Our Providence Car Accident Lawyers are experienced in working with insurance companies to get you the settlement or award you deserve. Please call us today toll-free 24/7 at 401-831-8600 or fill out an online contact form for a free (no obligation) case evaluation.

Due to the COVID-19 pandemic, many emergency orders were established, including immunity from legal liability to nursing homes for injuries and/or deaths related to COVID-19, unless gross negligence could be proven in Rhode Island. This pandemic has indeed hit nursing homes in Rhode Island hard with 883 lives lost and over 3,300 cases. Now, many are calling on the removal of these policies. Currently, the only way to bring legal action against a nursing home for these cases is to accuse gross negligence, which is a very high legal bar to prove. A party would need to prove that the facility went beyond ordinary negligence but not quite at the level of criminal conduct. However, this is extremely hard to prove as the families have not had regular contact with their loved ones due to this COVID-19 pandemic. Additionally, inspections of nursing homes have been suspended for this uncertain period of time, thereby making it a challenge to keep an eye on potential nursing home negligence.     While many lawyers and nursing home patient advocates desire these policies to be removed, others agree with the policies and believe they need to still be in place. The president and CEO of the Rhode Island Health Care Association is one who agrees with the policies. He states that this virus presents unique challenges to health care workers and requires them to respond quickly and differently than they are used to. He also states that the policies need to stay intact because the virus is not going away anytime soon and that the looming potential of lawsuits are on the minds of the nursing home facilities, who are battling the virus on the front lines.  Contact a Rhode Island Nursing Home Lawyer Today If you or a loved one were injured while receiving care at a nursing home facility, you should contact d’Oliveira & Associates. The Rhode Island Nursing Home Lawyers we work with on these cases 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 us toll-free at 1-800-992-6878 or fill out a contact form online for a free (no obligation) case evaluation.