Accidents occur everyday to unsuspecting victims across the country. According to the center for disease control, 29.5 million people will go to the emergency room this year because of an unintentional injury. Additionally, accidents are the fifth leading cause of death in the country. Every year 120,859 people die due to accidents. Among these 33,687 deaths are caused by car accidents, 33,041 deaths are caused by accidental poisoning, and 26,009 deaths are caused by falls. Whether an accident causes serious injury or causes death you need to know your rights.
The term accident can be misleading because it suggests that no one is at fault for the incident. In reality many of these accidents occur when an unsuspecting victim becomes injured by another person’s negligence. For example, motor vehicle accidents can be caused by a person’s distracted driving, excessive speeding, or broken taillights.
In cases of accidental poisoning, the Consumer Protection Safety Commission has reported children will account for 30 deaths each year. Additionally, 800,000 children are rushed to the emergency room for accidental poisoning. In these cases, an adult may have negligently left medication out or a manufacturer may not have ensured that a product was childproof.
Falls are also a common injury, especially in the workplace. In fact, slip and falls are the primary cause of lost days of work and account for 85 percent of all workers’ compensation claims. If you have suffered any of these accidents or any other accidents, you should contact a personal injury lawyer so that your claim can be assessed.
Proving Negligence in an Accident Case
In accident cases, a lawyer usually advances the claim under the theory of negligence. Negligence requires a showing of duty, breach of duty, proximate causation, and actual causation. In establishing a duty, the reasonable person standard is applied. Here, the court looks at whether a reasonable person would have acted as the defendant acted. For example, in the case of a fall the court will consider whether a reasonable person would have put down a wet floor sign. Once the lawyer establishes how a reasonable person would have acted, breach of duty is proven by showing that the defendant did not conform to that reasonable action.
Proximate causation looks at whether the injury caused was reasonably foreseeable. In the case of a fall, it is reasonably foreseeable that someone might slip if they are not notified of a wet floor. Actual causation is also called “but for” causation. For example, “but for” the defendant’s failure to put a wet floor sign down, the plaintiff would not have been injured. Negligence is just one theory used to advance a legal claim. A personal injury lawyer has the knowledge and experience to assess your claim and determine how to advance that claim so that you obtain the compensation you are entitled to receive.
Do You Need a Rhode Island Accident Lawyer?
If you or a loved one has been injured in an accident, the Rhode Island lawyers at d’Oliveira & Associates want you to know that you may be entitled to compensation. Our law firm has years of experience when it comes to personal injury claims. We can give you the legal representation you deserve for your accident claim. Please contact the law offices of d’Oliveira & Associates at 1-800-992-6867 or fill out a contact form for a free legal consultation.
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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