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.

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Wareham Office

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.

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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.

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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.

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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.

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Social Security Disability Lawyer

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.

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The United States just passed another grim milestone in the coronavirus pandemic – 500,000 deaths attributable to COVID-19, a number that includes 90,000 vulnerable, older residents in the nation’s long-term care facilities. However, an Associated Press report tells us that a tandem wave of death separate from the virus has quietly claimed tens of thousands more because overburdened nursing home workers have not been able to give our seniors the care and attention they need. If you need a Rhode Island Nursing Home Lawyer, call our office at 1-800-992-6878, or fill out an online contact form for a free (no obligation) case evaluation. Heartbreaking Stories According to the AP report, nursing home watchdogs are being overwhelmed with reports of residents of long-term care facilities being kept in soiled diapers for so long that their skin peeled off, left with bedsores that cut to the bone and allowed to starve or become dehydrated. In addition to that are numerous deaths whose causes are not clear, but which doctors believe were caused from the desperation of being cut off from loved ones. In such cases, the cause of death was listed as “failure to thrive.” In facilities that were in bad shape before the pandemic, the problems and inadequacies were simply amplified and magnified by COVID-19. Researchers at the Institute of Aging and Health at UC San Francisco analyzed data from 15,000 facilities for AP finding that for every two victims of the coronavirus in nursing homes, there was one other person who died prematurely of other causes. Those “excess deaths” could total more than 40,000 since the pandemic began, researchers say. And then, there are those tragic cases of neglect. In Birmingham, Alabama, one 75-year-old patient who was lucky to avoid contracting the virus, was so neglected that he dropped to 98 pounds. His son said it seemed as if he had been in a concentration camp. He was suffering from an untreated urinary infection, septic shock and E. coli from his own feces. His son says his father was abandoned. Why Staff Fatigue Affects Residents Nursing home staff fatigue plays a crucial role in nursing home resident safety. Staff members at understaffed nursing homes are more likely to become fatigued. Overworked and underpaid nursing staff members are more likely to abuse or neglect nursing home residents – whether such actions are intentional or unintentional. Here are some of the most common effects of understaffing and nursing home staff fatigue: Less mobility or no mobility: It is a fact that a majority of nursing home residents don’t have the ability or have very limited ability to move around on their own. A vast majority of these vulnerable seniors rely on nursing home staff members to move around including to go to the bathroom or for diaper changes. When a nursing home does not have sufficient staff, residents become immobile. Their muscles could waste away or worse, they suffer severe bedsores and infections. Residents’ needs neglected: Understaffed nursing homes may have challenges even providing very basic services like giving residents food, water and necessary medications on a routine schedule. This could lead to nutritional deficiencies, malnutrition, dehydration and other serious health complications. Abuse: When staff members are tired, annoyed and bitter about the way they are overworked and underpaid, they often turn that anger on the people for whom they are supposed to care. In such cases, staff members may turn verbally or physically abusive. Examples of such abuse may be beating, shoving, kicking or punching, or subjecting residents to mockery or ridicule. What to Do If You Suspect Nursing Home Neglect or Abuse If you believe that your family member is a victim of neglect or abuse in a Rhode Island nursing home, it is important that you take prompt action. If you suspect that your loved one is in imminent danger, call 911 or local law enforcement. If you believe that your loved one is a victim of exploitation or mistreatment, which does not warrant emergency action, contact your county or state health department to report it. It is also important to retain the services of an experienced Rhode Island nursing home attorney who has specific experience handling elder abuse cases. A knowledgeable attorney can help ensure that your case is properly and thoroughly investigated and that the relevant evidence is preserved. A Rhode Island Nursing Home Lawyer can also help you and your family pursue justice and fair compensation for any related damages and losses. This type of abuse or neglect is unacceptable under any circumstance. Reporting these types of incidents is vital to protecting your loved one and others from such harmful behavior. If you or a loved one were injured due to the negligence of a nursing home in Rhode Island, 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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If you have been injured in an accident involving an Uber, Lyft or any other rideshare vehicle, you have certain rights – regardless of whether you were a passenger, driver or the occupant of another vehicle that was struck by a rideshare vehicle. Rideshare companies provide transportation services to consumers by contracting with drivers who use their personal vehicles to carry passengers. This service is provided through a smartphone app. The popularity of rideshare vehicles has surged in recent years because they are not just quick and convenient, but also inexpensive. However, rideshares come with their share of problems and complexities. If you or a loved one has been injured in a rideshare accident, it is important that you know and understand your rights. You Won’t Lose Access to Rideshare Services if You Make a Claim It is fairly common for a rideshare driver or passenger to become concerned about bringing a claim against the company. You may rely on these services to get to and from work or if you are a driver, you may be concerned about your ability to continue making an income. If you bring an injury claim under the insurance policy from Uber, Lyft or any other rideshare company, you cannot be penalized for it. Pursuing a claim and retaining a personal injury lawyer to represent you will not cause you to be penalized. What Can You Do to Protect Your Rights? Whether you are a passenger in a rideshare vehicle or have been struck by a rideshare vehicle, there are a number of steps you can take after an accident to protect your rights: Make sure everyone is safe, if possible. Check on others to see if they were injured. If anyone needs medical attention right away, call 911. Be sure to document the accident. Take photographs of the accident scene, the vehicles involved, their license plates, etc. Exchange information with your rideshare driver and the driver of the other vehicle. Don’t forget to get a screenshot of your rideshare app as proof that the accident occurred when you were in the vehicle. Look for eyewitnesses. See if anyone else saw the accident. Ask for this person’s name and contact information. Eyewitness testimony can help corroborate your account of what happened. Report the accident according to the rideshare app’s rules. Go through the app’s guidelines to properly report the accident. It is also important that you do this as soon as possible. Long delays in reporting could potentially jeopardize your claim. Get medical attention, treatment and care for your injuries. Injuries could get worse if they are not promptly treated. In addition to putting you on the road to recovery, doing so will also help ensure that your injuries and the treatment you received for those injuries are properly documented. What Damages May I Recover in an Uber or Lyft Accident? Under the law you may be able to secure compensation for the following losses: Medical expenses: This includes past and future expenses relating to medical costs, hospitalization, rehabilitation, therapy, cost of ongoing treatment, future surgeries and so on. Lost income: You may be able to seek compensation for wages or benefits lost as a result of being unable to work due to your injuries. You may also be able to seek compensation for loss of future income due to long-term disabilities and permanent diminished earning capacity or loss of earning capacity. Pain and suffering: Also known as non-economic damages, victims of Uber or Lyft accident can seek damages relating to physical pain and emotional distress as well. Punitive damages: These types of damages are typically awarded in cases where the negligence or wrongdoing is considered outrageous or egregious. These damages are different than compensatory damages, which are intended specifically to compensate injured victims for specific losses. Your Right to Compensation Uber, Lyft and other rideshare companies are required under the law to possess $1 million in insurance coverage for injuries to passengers caused by their drivers or by other at-fault motorists who are uninsured or undersinsured. However, that does not necessarily mean that you will automatically receive the maximum compensation allowed under the law if you attempt to negotiate your claim on your own. Insurance companies are adept at denying or minimizing the value of a claim. You need an experienced, resourceful and knowledgeable car accident lawyer on your side who will be able to evaluate the value of your claim with accuracy. Insurance companies will try to get away with paying you the bare minimum. So, you need a passionate advocate on your side who will fight hard to protect your rights and to help you secure maximum compensation for your losses. How We Can Help You The experienced Providence Car Accident Lawyers at d’Oliveira & Associates have a long and successful track record of upholding the rights of car accident victims and their families. We understand the complexities and nuances of dealing with rideshare companies and will put our resources, knowledge and experience to work for you. Call us at 401-831-8600 to find out how we can help you.

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Recently d’Oliveira & Associates attorney, Cara Gallucci, obtained a $100,000 settlement from Safety Insurance Company for a Plainville client, who was injured in a car accident. As a minor passenger riding in the back seat, our client became injured when the driver lost control of the vehicle and crashed into a tree. Our client sustained a broken leg which required surgical correction and extensive physical therapy. Attorney Cara Gallucci said, “I was so happy that this young man healed so well following the accident.  He has resumed all of his activities without pain. The settlement proceeds will provide for him well into his adulthood, and for that I am also very happy.” As a passenger in a vehicle, you are completely reliant on the competencies of the driver. While each legal situation is unique, you do have options if you are injured as a passenger in a vehicle. However, the situation could get complicated if you try to work things out on your own. It is highly recommended to seek the legal advice of a knowledgeable Massachusetts Personal Injury Lawyer who has experience helping passengers receive compensation for their injuries and losses.    Contact an Experienced Massachusetts Car Accident Lawyer If you or a loved one were injured in a Massachusetts car accident, you may be entitled to compensation for your lost earnings, medical expenses and pain and suffering, among other related losses. Speak with an experienced Massachusetts Car Accident 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 508-223-1133 or fill out a contact form for a free (no obligation) case evaluation.

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Recently d’Oliveira & Associates attorney, Cara Gallucci, obtained a $100,000 settlement from Progressive Insurance Company for an Attleboro man, who was injured in a car accident during the course of his employment. Our client came to a complete stop at a cross walk and was suddenly struck from behind by another vehicle. This accident left our client with neck and back pain requiring various medical treatments to help alleviate his pain.  With the assistance of co-counsel, we were able to obtain a workers’ compensation settlement, as well as the Progressive settlement, for this gentleman. Attorney Cara Gallucci said, “This gentleman’s case was quite challenging due to his age and prior health history.  We were all very happy to have been able to obtain the maximum amount of coverage available for him from the insurance company, and to have been able to get significant reductions in the outstanding liens” We at d’Oliveira & Associates pride ourselves on helping our clients fully get through the difficult times that come from a personal injury. We understand the challenges one faces when mounting medical bills come and the insurance company is less than cooperative. Our lawyers and staff put their all into ensuring our clients’ needs are completely met. On top of that, we fight diligently to get our clients the best compensation for their losses and injures. Contact an Experienced Attleboro Car Accident Lawyer If you or a loved one were injured in a Massachusetts car accident, you may be entitled to compensation for your lost earnings, medical expenses and pain and suffering, among other related losses. Speak with an experienced Attleboro Car Accident 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 508-223-1133 or fill out a contact form for a free (no obligation) case evaluation.

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