Rhode Island personal injury claims can be considerably more complicated than the public perceives. RI car accident lawyers help clients with many esoteric and complex issues which may include negotiating, litigating and resolving subrogation issues such as Medicaid liens, hospital liens, insurance liens, RI workers compensation liens, physicians liens as well as attorney liens.
Advanced Negligence Issues for TOP RI Injury lawyers
Some clients have very poor health insurance coverage and are thus basically uninsured. Assisting seriously injured victims so they can obtain proper and advanced medical treatment by chiropractors, physical therapists and medical doctors is part of the role provided by a negligence attorney in Providence. Without proper health insurance, these clients may not be able to receive medical treatment. A Rhode Island personal injury lawyer may need to find the auto accident victim a medical doctor who can provide treatment solely based on a lien against the cause of action.
Liability and car crash lawyers in the Ocean State must have an understanding of the collateral source rule and how it can benefit a seriously injured victim “The collateral source rule is a well-established principle of Rhode Island law.” Moniz v. Providence Chain Co., 618 A.2d 1270, 1271 (R.I. 1993). Absent a statutory provision to the contrary, this common law rule prevents defendants in tort actions from reducing their liability with evidence of payments made to injured parties by independent sources. Votolato v. Merandi, 747 A.2d 455, 463 (R.I. 2000). Although this rule may allow plaintiffs to recover damages in excess of their injuries, the rationale underlying the rule is that it is better for the windfall to go to the injured party rather than to the wrongdoer. Colvin v. Goldenberg, 108 R.I. 198, 202, 273 A.2d 663, 666 (1971); Oddo v. Cardi, 100 R.I. 578, 584-85, 218 A.2d 373, 377 (1966). https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/pdf-files/04-186.pdf Maria Esposito, as Executrix of the Estate of Marion T. Thomson : v. : James P. O’Hair et al. : Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. Supreme Court No. 2004-186-Appeal. (PC 01-1542)
Future medical expenses and pain
The best Rhode island personal injury attorney will not only consider past medical bills, pain and suffering and medical bills but also factor in future medical expenses and costs. If the victim is catastrophically injured, planning for future care could be a necessary part of the accident attorney’s representation. The RI injury lawyer must demand and estimate the cost of future medical care, future physical therapy and future medical treatment. A trial attorney in Providence Superior Court will need testimony and / or affidavits from medical doctors regarding the inability of an injured victim to work or concerning the loss of earning capacity.
The Affordable Care Act (ACA) and Injury claims
A top RI injury lawyer and the best Rhode Island personal injury attorney will need to be conversant in Obamacare laws and regulations. “The passage and enactment of the Patient Protection and Affordable Care Act (ACA), often colloquially known as “Obamacare,” has the potential to radically change how victims pay for future medical expenses in cases involving personal injury or medical malpractice.” Settlements and Awards for Medical Damages Under the Affordable Care Act” Victor A. Matheson College of the Holy Cross Department of Economics and Accounting, Box 157A Worcester, MA 01610-2395 (508) 793-2649 Jon Karraker, CPA Expert Witness and Litigation Consultant 14221 East 4th Avenue, Suite 2-315 Aurora, CO 80011
Warwick, Cranston an East Greenwich lawyers must be adept at drafting appropriate and convincing demand letters which convince the liability and indemnity company to open up their figurative wallet and pay compensation
At the negligence jury trial in Providence Superior Court, the best Rhode Island personal injury attorney will be tech savvy and can use technology to prepare convincing exhibits. A good personal injury lawyer in RI will be savvy at cross examination and will effectively challenge the insurance company’s hired gun experts. Most injured victim in Rhode Island and Providence Plantations do not want a jury trial, they want justice and a top dollar settlement to compensate them for their pain and suffering, medical bills etc.. Therefore a lawyer must be aggressive yet practical and know when arbitration, mediation and alternate dispute resolution will be in the best interest of their client.
Most laypeople forget that insurance coverage issues can play a critical role in litigating an injury claim in RI. It is not uncommon for an insurance company to deny coverage to their insured.
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.
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