Rhode Island Personal Injury Attorney
Personal injury law refers to the defenses and legal remedies involved in civil lawsuits. These types of cases involve a private plaintiff seeking compensation for harm caused by the defendant’s actions. Many personal injury cases are based on the doctrine of negligence. To establish liability in personal injury cases, it must be proved that a reasonably prudent person in the defendant’s position would’ve acted differently under the same set of circumstances.
Personal injury cases cover a broad spectrum of negligence, including car accidents caused by drunk drivers, faulty products, dog bites, medical malpractice that resulted in harm and more. Once negligence has been established, the defendants must pay the plaintiff damages. This damages may include medical bills, emotional distress, loss of earning capacity. Sometimes, expert testimony is needed to prove damages. In personal injury cases with particularly egregious conduct, punitive damages may also be available. When initiating a personal injury lawsuit, it is important that the proper defendants are identified and named. An experienced personal injury attorney like Lawence Almagno uses effective investigative methods to identify all liable defendants.
To defend against personal injury liability cases, it’s not uncommon for defendants to use common defense theories, especially insurance companies. Defendants often argue that the plaintiff did not use due care and is either wholly or partially responsible for their injury. The defendant may also argue that the plaintiff assumed the risk by engaging in a specific behavior, such as petting a dog or speeding. To fight these allegations, it’s important to have an experienced personal injury attorney for rebuttal. Attorney Lawrence Almagno knows the law and will also do a thorough investigation, including taking depositions from witnesses, to argue on your behalf. In addition, he will do the legal research and cite previous case law to strengthen the proof of liability.
Car, Motorcycle and Pedestrian Accidents
If any motorized vehicle is driven without reasonable care and someone is injured as a result, the injured party is entitled to “full, fair and adequate” compensation for the harms and losses caused.
How does this usually happen? Not without a lot of hard work by an attorney who knows the law and the process. You can’t rely on your insurance company. An insurance company works to minimize the cost of each claim. As a result, getting fair and reasonable compensation for injuries and losses requires a law firm who knows how to assert and protect and interests of the unfortunate victim. Ultimately, an insurance company will pay a claim depending on what they believe to be their likely financial exposure for the incident, and nothing more. However, a properly designed claim brought forward by the Almagno Law, INC. Firm has more value. Most personal injury cases settle without trial, but it is the threat of taking it to court that makes an insurance company eager to settle properly.
The Rhode Island personal injury lawyers at Almagno Law, INC. have been successfully representing clients injured in car accidents, motorcycle accidents and pedestrian accidents. If you want skilled and determined legal representation, call (401) 946-4LAW for a free initial consultation.
Injuries from Properties or Premises
Property owners are obligated under law to use reasonable care, and this principle of law has for a long time fostered safety throughout society. It’s about the accountability of a property owner. If property that is not properly or adequately cared for causes injury to someone, then the property owner is legally responsible for the injured persons losses and harms.
Negligent property care can take on many forms:
- an uneven floor surface which causes someone to trip
- stairs that don’t conform to code and that can be accessed by the public
- an unmarked hole causing a fall
- ice or debris where people walk
- a dog that bites
- dangerous machinery and equipment
- a missing handrail on a set of stairs or walk way
- inadequate lighting or a poorly lit area
If there is a danger which can and should be anticipated, the property owner is required to use reasonable care to prevent an injury. A failure to do so creates legal liability.
Injuries from Products
We live in a time of sophisticated and complex technologies. Our quality of life has benefited tremendously from innovation and new products. However, that doesn’t mean that manufacturers aren’t responsible when they aren’t (reasonably) careful and put a dangerous product on the market. The fact is our law makes them responsible, and promoting safety in our daily lives through accountability. Whether the product is a toy, a machine, an appliance, a tool or anything else we purchase as consumers, we have the right to recover for injuries caused by people or companies responsible for placing and selling a defective and unreasonably dangerous product.
Injury from Negligence
When doing something which poses the prospect of foreseeable harm to another, the law requires that reasonable care be used to prevent this harm. It is a legal principle based on common sense which has made life safer and fairer place. When there is an act of carelessness and it causes injury which could have been anticipated, the negligent party is legally obligated to compensate the injured party’s harms and losses.