A Cumberland, RI woman, who was involved in a slip and fall accident, received a $112,000 settlement for her injuries. As she was walking on the defendant’s property, she tripped on some loose pavers. As she began to treat for the injuries she sustained, she contacted our law firm for legal assistance. Since this accident occurred outside of Rhode Island or Massachusetts, d’Oliveira & Associates remained jointly responsible with another personal injury lawyer, who settled this case. When you call our firm regarding your personal injury claim, you can feel at ease knowing we will do all we can to help you. Even if the accident did not occur in Rhode Island or Massachusetts, like with this client, we will still do what we can to get you the proper help you need. We completely understand how trying of a time this is for anyone who is suffering after a personal injury. That is why we take the time to gather all of the details of your case and assess how we can best assist you. Contact a Rhode Island 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 Rhode Island 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 us at 401-431-1990 or fill out an online contact form for a free (no obligation) case evaluation.

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Recently d’Oliveira & Associates attorney, Laura Cameron, obtained a combined $130,000 settlement from USAA and Amica for a West Warwick man, who was injured in a car accident. Our client was stopped at a red light and was violently rear ended by another vehicle. Due to the severity of this accident, our client experienced pain in multiple areas of his body, which required very extensive therapy. He then called d’Oliveira & Associates to help him with his car accident claim. Attorney Laura Cameron said, “We were able to negotiate an excellent resolution for this client with two insurance companies very quickly” Individuals who were injured in a car accident that was not their fault should not have to suffer any more than they already are. Much like for our client in this case, a car accident can drastically alter your way of life for months or even years. You should not have to deal with added expenses, lost time at work and the pain and suffering that comes after the accident. However, even knowing all of this, the insurance companies will try no nickel and dime you the entire time. For this reason, you should contact a personal injury lawyer immediately to best guarantee you are justly compensated and so you can get back on the road to recovery. Contact a Warwick Car Accident Lawyer If you or a loved one were 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 have the experience and knowledge when it comes to negotiating with the insurance companies. They will fight to get you the best possible settlement or award of your claim. Call our Warwick office at 401-490-6907 or fill out an online contact form for a free (no obligation) case evaluation.

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Getting injured on the job can be an extremely traumatic and stressful experience. Not only will you need time to heal and recover from your injuries, but you must also deal with losing valuable income at a time when you need it the most. In Rhode Island, the state’s workers’ compensation system helps ensure that injured workers are able to receive monetary assistance during this challenging time to compensate for medical expenses and at least a portion of lost wages. However, the workers’ compensation claims process can be intimidating and confusing. There is always the risk of making mistakes during the process, which could potentially jeopardize your claim. Workers realize all too late that their missteps during the workers’ comp process could lead to their claim being denied or resulting in less compensation than they deserve. Common Mistakes That Could Hurt Your Claim Here are some of the most common mistakes that could and should be avoided during the workers’ compensation process: Failing to report your injury. If you have been injured on the job, you may be wondering when you should report the incident and injury. You should report your injury to your employer and/or supervisor right away. It is also important that you do so in writing so you have a record of it. Under Rhode Island law, you have 30 days to report a work-related injury to your employer. However, our Rhode Island work injury lawyers would strongly recommend that you report the incident and your injury to your employer as soon as possible. Your employer is then required by law to file a declaration form with the Rhode Island Division of Workers’ Compensation. Failing to report your injury right away will unnecessarily delay your claim process. If you fail to report your injury within the required deadline, you may not be able to receive the compensation you need. Not getting prompt medical care. If you don’t seek prompt medical treatment and care for your injuries or if you fail to follow your doctor’s treatment plan, you could put your workers’ compensation claim in jeopardy. The purpose of workers’ compensation benefits is to help injured workers pay their medical bills and make up for lost wages at a time when they are unable to work. Failing to seek medical care may be viewed negatively and give the impression that you did not suffer injuries that were serious enough to warrant time off work. Seeking prompt medical attention will not only give you an opportunity to recover faster from your injuries but will also create a clear record of the types of injuries you suffered and the treatment you sought and received. Failing to maintain proper records. If you have suffered injuries on the job, it is crucial that you keep detailed and accurate records. Make sure you keep track of the number of hours or workdays you missed because of your injury. It is also important that you save all receipts, invoices and paperwork that document your medical treatment. Such meticulous documentation is key to making sure that you get the compensation you rightfully deserve. Trusting your employer and the insurance company. Regardless of your time of service or your value as an employee, it is important to understand that when you are injured on the job and file a claim, your employer and their insurance company will not think about your best interest first. Your employer’s insurance company – like all insurance companies – wants to pay as little as possible for the claim. Trusting your employer and their insurance company to do the right thing could turn into a grave mistake. Trying to handle your claim on your own. You don’t need an attorney in order to pursue workers’ compensation and on paper, you can do it alone. But, trying to accomplish such a complicated task on your own during an already stressful time can be a bad idea. Having an experienced Rhode Island workers’ compensation lawyer on your side who will help gather evidence and compile the necessary facts to prove your case is critical at this time. Rhode Island Workers’ Comp Lawyers At d’Oliveira & Associates, our Rhode Island Workers’ Compensation Lawyers understand the complexities of the process and the effort it takes to be successful with your claim. We can also help you through the appeals process if the need arises. Most importantly, we will guide you through the claim process and help you avoid the pitfalls that could put valuable compensation in danger. Call our firm at 1-800-992-6878 or fill our an online contact form for a free (no obligation) case evaluation.

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Recently d’Oliveira & Associates attorney, D. Robin Gouveia, obtained a $100,000 settlement from Commerce and Geico Insurance for a New Bedford, MA man, who was injured in a motorcycle accident. Our client, who had the right of way, was struck by a vehicle coming from a side street. He sustained a fractured leg and extensive road rash. After he received emergency medical care, he contacted our New Bedford motorcycle accident lawyers to assist him with this painful situation. Attorney D. Robin Gouveia and paralegal Maricza began helping this client through the legal process.     Attorney D. Robin Gouveia said, “We determined the Defendant’s policy limits very quickly and made a demand for that amount due to the severity of the client’s injuries. Once we secured the limits from the tortfeasor, we pursued the client’s Underinsured Motorist coverage and secured the remaining exposure of the policy limits.  Thereafter, we negotiated with lienholders and put a settlement package together for the client to maximize his net recovery.” An accident for a motorcyclist can be a life-altering event. The average weight of a car is just over 4,000 lbs., according to the EPA in 2018. The force of the impact from over 2 tons of solid metal to a motorcyclist can leave debilitating and in some cases, permanent injuries. Yet, despite the obvious severities of these accidents, insurance companies will try and pay you as little as possible for all you have suffered and lost.  For this reason, you need to contact a personal injury lawyer who will fight hard to get you all the compensation you deserve. 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 costs, pain and suffering and lost earnings, among other losses. Our New Bedford Motorcycle Accident Lawyers will negotiate with the insurance companies to get you all that you deserve. Call our New Bedford office at 508-984-8400 or fill out an online contact form for a free (no obligation) case evaluation.

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Recently d’Oliveira & Associates attorney, D. Robin Gouveia, obtained an $85,000 settlement from Progressive Insurance for a man, who was injured in a car accident. Our client was properly in his lane when another driver abruptly entered our client’s lane of travel and collided with our client’s vehicle. As a result, our client suffered neck and back injuries, requiring therapy. He also had to miss months of work during his recovery. Attorney D. Robin Gouveia said, “We advocated for our client against the insurance company on this case and were able to obtain a settlement offer that was fair and reasonable for the client’s injuries, pain and suffering.  The offer was secured with all medical bills and lost wages included. We then negotiated with the lienholders for payment of medical bills in order to maximize the net recovery to the client.” If you were involved in a car accident that was not your fault, a car accident lawyer looks at several details to get you optimally compensated. They will gather your medical records and calculate the costs of all your medical treatments. They will also document the time you missed at work. They will even note how this accident has adversely altered your normal, daily life. Once you have completed your recovery and your lawyer has a full list of your losses, they will submit a demand to the other driver’s insurance company. This is where an experienced car accident lawyer, like ours, will shine! They will fight tooth and nail to get you the compensation you deserve. You can have peace of mind knowing that this challenging portion of your claim is in capable hands.     Contact a Pawtucket Car Accident Lawyer If you or a loved one were injured in a car accident accident, you may be entitled to compensation for your medical bills, pain and suffering and lost wages, among other losses. Our Pawtucket Car Accident Lawyers know how to negotiate with insurance companies to get you the best possible settlement or award of your claim. Call our Pawtucket office at 401-365-6001 or fill out an online contact form for a free (no obligation) case evaluation.

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Rhode Island Motorcycle Accident Lawyer

Rhode Island is a state that has a “partial” motorcycle helmet law. That means all motorcycle operators must wear a helmet until age 21. All new motorcycle operators, irrespective of age, must wear a helmet for one year from the date their Rhode Island motorcycle license was issued. Under state law, all motorcycle passengers are required to wear a helmet. Anyone who violates this helmet law could be looking at an $85 fine. These laws are in place because wearing a helmet is a matter of life and death. Study after study has shown that wearing a helmet can help reduce your chance of suffering a serious or fatal head injury in a motorcycle accident. What Research Shows About the Effectiveness of Helmets There are a number of studies, which show that motorcycle helmets do serve their intended purpose. Studies and research consistently show helmet use reduces motorcycle crash-related injuries and fatalities. Reviews of these studies also find strong evidence that helmets are effective and that using motorcycle helmets can: Reduce the overall death rate from motorcycle accidents when compared to riders who are not wearing helmets. Decrease the occurrence of fatal head injuries in motorcycle accidents compared to non-helmeted riders. Decrease in severity of non-fatal head injuries compared to riders who are not wearing helmets. Reduce the risk of death by 42% and head injury by 69% in the event of a motorcycle crash. The National Highway Traffic Safety Administration (NHTSA) estimates that in 2016 alone, helmets saved the lives of 1,859 motorcyclists. If all motorcyclists had worn helmets that year, an additional 802 lives could’ve been saved. According to results from the National Occupant Protection Use Survey (NOPUS), the overall rate of Department of Transportation-compliant motorcycle helmet use in the United States was 65.3% in 2016. Helmet use continued to be significantly higher in states that required all motorcyclists to be helmeted than in states that did not. In states without universal helmet laws, 60% of motorcyclists killed in 2016 were not wearing helmets compared to 8% in states with such laws. Why Are DOT-Approved Helmets More Effective? A DOT helmet is one that meets the standards set forth by the U.S. Department of Transportation for motorcycle helmet safety. These federal safety standards make helmets that will prevent traumatic brain injuries, skull fractures and other serious head injuries in a motorcycle accident. It is important to note that novelty helmet or helmets that don’t follow DOT guidelines may not be as effective. This is because they are usually thinner and lighter and may be designed with appearance – not safety – in mind. Here are some of the requirements of a DOT-approved motorcycle helmet: Weight: Lightweight helmets will not suffice when it comes to protecting you in a crash. While novelty helmets may look cooler, weigh less and be more comfortable, they pose the risk of serious injury or even death. DOT helmets are heavier and bulkier but are effective when it comes to protecting you. Liner: DOT helmets also have a thick liner, which is made of sturdy polystyrene foam. Most novelty helmets won’t have this liner and will just be made of a shell of plastic. Decorations: DOT standards dictate that decorations taller than one-fifth of an inch should not be allowed on helmets. If you are looking at large decorations, you are probably looking at a novelty helmet, not a DOT-approved one. Chinstraps: DOT helmets also have thick, sturdy chinstraps with strong rivets, so your helmet stays on your head during a crash. A novelty helmet may not have a chinstrap or may have a thin one, which very likely won’t be effective. Face protection: DOT helmets will also protect your face with a face shield or a chin protector. Almost none of the novelty helmets will have this protective feature. Helmets have become safer and more effective in recent years. New materials and better designs have helped bring down motorcycle fatality rates even more with helmet use. Experts agree that the safest and most effective motorcycle helmet is a full-face helmet with eye protection and a chin bar. Wearing a helmet while riding a motorcycle is not just about complying with the law but also about being safer. If You Have Been Injured Regardless of how well motorcyclists protect themselves, the sad fact remains that negligent drivers cause a number of motorcycle crashes that result in catastrophic injuries and deaths. If you or a loved one has been injured in a motorcycle crash, it is important to understand that you have legal rights. You may be able to seek compensation from the at-fault party for damages, including medical expenses, lost income, and pain and suffering. An experienced Rhode Island Motorcycle Accident Lawyer will be able to advise you regarding your legal rights and options. Call our office at 1-800-992-6878, or fill out an online contact form for a free (no obligation) case evaluation.

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Recently d’Oliveira & Associates attorney, Laura Cameron, obtained a $160,000 settlement from Travelers Insurance Company for a Warwick, RI man, who was injured in a slip and fall accident. Our client was in the parking lot of a business’s property and slipped on a patch of untreated ice. He underwent treatment for his injured ankle but unfortunately is still experiencing lingering issues. Attorney Laura Cameron said, “We achieved an excellent result for this client without having to go to trial, which was a great convenience for this individual.” A slip and fall occurring on ice can have a serious impact on your life. Even if you were extremely careful about how you walk, ice is not always fully visible and an accident can still occur. Once you lose your balance, you could fall many different ways. Injuries could range from sprains and fractures to broken bones. Hands, wrists, arms, back and head injuries are among the most common in these slip and fall accidents. After sustaining a devastating slip and fall injury, it can take the individual a long time before they recover. In some instances, much like with this client, they may never fully recover and may have to adapt to a new way of life. For these reasons, and many others, a personal injury lawyer fights hard to get maximum compensation for their clients. Contact a Warwick 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 Warwick 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 Warwick office at 401-490-6907 or fill out an online contact form for a free (no obligation) case evaluation.

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A North Dartmouth, MA man received a $225,000 Lump Sum settlement from Arch Insurance after filing a workers’ compensation claim. During the course of his employment, he slipped and fell. He injured his shoulder and knee and required extensive medical treatment. After workers’ compensation started giving him a hard time regarding his benefits, he called our office for legal assistance. 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. Without legal representation, the insurance company that pays your workers’ compensation benefits may, over time, make things difficult. Much like with this client, they may question if you need certain procedures done. Even if your personal doctor says you need a certain procedure or treatment, the insurance company’s doctors may say something completely different. Additionally, the insurance company could start to reduce or completely remove your benefits altogether, even when you still need them. Before things get out of hand, you should contact a lawyer to ensure your benefits are protected to the fullest extent. Contact a New Bedford Workers’ Compensation Lawyer If you were injured during the course of your employment in Massachusetts, you may be entitled to compensation for your medical expenses and lost income. You may even be eligible for a Lump Sum settlement. We work with experienced New Bedford Workers’ Compensation Lawyers who can help get you the best possible outcome of your workers’ compensation claim. There is no fee to you unless your case is won. 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.

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A wrongful death claim can potentially stem from a fatality that occurs as a result of someone else’s negligence or wrongdoing. Wrongful death lawsuits are filed in civil courts and seek compensation for the survivors’ losses such as medical expenses and funeral costs, lost future income and losing the love and companionship of a family member. Here are some of the most frequently asked questions about wrongful death claims answered. What is a Wrongful Death Claim? Rhode Island General Laws Section 10-7-1 defines a “wrongful death” as one that is caused by the “wrongful act, neglect or default of another.” The party that causes a wrongful death may be an individual, an entity or a corporation. The act of neglect or wrongdoing that led to death must be the type of action that would support a personal injury claim had the person survived. In Rhode Island, a wrongful death lawsuit can be brought by survivors in civil court even if a criminal charge for homicide has been filed. What is the difference between homicide/murder and wrongful death? There are a number of differences between a murder case and a wrongful death case. While wrongful death is a civil matter, homicide is a criminal matter. A wrongful death lawsuit is filed by the victim’s survivors. A homicide case is initiated not by the victim’s family, but the state, which is the prosecution in a criminal case. In a criminal case, the prosecution has the burden of proof, which means they must prove that the defendant is guilty of homicide beyond a reasonable doubt. If the jury finds the defendant guilty, he or she will face penalties such as prison time and, in some cases, the death penalty. In a wrongful death case, the burden of proof is on the plaintiff. This means the plaintiff (the victim’s survivors) must prove that the defendant’s negligence or wrongdoing caused the victim’s wrongful death. If the plaintiff can prove that the defendant is liable for the victim’s death, the court will order the defendant to pay the victim’s family monetary compensation for their losses. Who may file a wrongful death lawsuit in Rhode Island? Rhode Island law states that the executor or administrator of the victim’s estate must bring the wrongful death claim to court. If the victim does not have an estate plan or if the administrator of the estate cannot or does not wish to serve, the court will appoint an administrator. While the administrator is responsible for pursuing the wrongful death claim in court, the claim itself is actually established for the benefit of surviving family members. If there is no administrator, surviving family members may file a wrongful death claim. Examples of family members of survivors who can bring a wrongful death lawsuit include a spouse, a child (grown or minor), parents (if there are no heirs) or any person who was financially dependent on the decedent. What damages can you seek in a Rhode Island wrongful death lawsuit? Damages in a Rhode Island wrongful death case are intended to compensate the estate and the surviving family members for several types of losses that may arise as the result of a wrongful death. It is important to remember that many families not only struggle emotionally as they grieve the loss of a loved one but also financially because they have likely lost a main source of income. Damages available in the wrongful death case often include: Medical expenses: This includes all types of medical expenses the decedent may have incurred prior to his or her death, including emergency transportation, hospitalization, surgery, medication, medical equipment, etc. Funeral and burial expenses: These are some of the biggest and most unexpected costs families face in the aftermath of a tragedy, which could run into several thousand dollars. Lost wages and benefits: This includes the value of wages and benefits the decedent would reasonably have been expected to earn had he or she lived. Benefits include health insurance, retirement benefits, stock options, etc. Victim’s pain and suffering: In order to recover compensation for pain and suffering in a wrongful death claim in Rhode Island, the plaintiff must establish that the decedent did not die instantaneously but experienced conscious pain and suffering prior to his or her death. Loss of care and companionship: This refers to the loss of love, care, companionship and guidance the decedent provided to surviving family members. Punitive damages: It is important to understand that punitive damages are not meant to compensate the victim’s family members but to punish the defendant for egregious behavior that led to the decedent’s death. For example, if the manufacturer of a defective product knew about the danger the product posed to consumers but still continued selling it, the manufacturer could face punitive damages for a death caused by such a product. Why do I need an experienced Rhode Island wrongful death lawyer on my side? Rhode Island law states that wrongful death claims must be filed within three years of the decedent’s death. But, if the occurrence of the wrongful act that caused the death could not be discovered on the date of the death, the claim may be filed within three years of the date on which the act was discovered. If you fail to meet this deadline, you may not be able to file a wrongful death claim. An experienced Rhode Island Wrongful Death Lawyer will be able to remain on your side throughout the process and make sure that your legal rights are protected and help ensure that the at-fault parties are held accountable. Call our office at 1-800-992-6878, or fill out an online contact form for a free (no obligation) case evaluation.

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A North Dartmouth, MA man received a $475,000 settlement for injuries that occurred while at work. During the course of his employment, he was injured due to the negligence of a co-worker. As a result, he sustained serious injuries to his arm and shoulder, which required surgery to remedy. He called our office and we remained jointly responsible with an experienced trial lawyer, who negotiated this settlement. This became a third party claim. In Massachusetts, you can go through the Department of Industrial Accidents to get a third party settlement approved in the event that your workers’ compensation claim involved a third party. A third party is a person or entity (other than the employer) who caused or contributed to your work-related injury and/or illness. MGL c. 152, § 15 outlines what Massachusetts law states about the liability of a person other than the insured. 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, another company was on the premises doing remodeling work, which led to the dangerous condition that resulted in this client’s injury. As a result, this company’s insurance provider was also responsible for compensating the injured worker for the injuries stemming from this accident. This is but one instance where a third party may be liable for a worker’s injuries. However, each legal claim presents unique circumstances. To fully understand all of your legal rights, you should contact a personal injury lawyer to know what is available to you. Contact a Workers’ Compensation Lawyer If you were injured during the course of your employment, you may be entitled to compensation for your medical expenses and lost wages, among other losses. An experienced attorney can also determine if a third party claim should be filed. We work with experienced Rhode Island Workers’ Compensation Lawyers and Massachusetts Workers’ Compensation Lawyers who can provide you with the best legal help. You can call our firm toll-free at 1-800-992-6878 or fill out an online contact form for a free (no obligation) case evaluation.

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