If you are injured in any kind of accident you may ask yourself, do I have a personal injury case? Before this important question can be answered, it is important to take certain steps that can help preserve any personal injury claim you may have for compensation.
First, you should take notes about exactly what happened as close to the time of the accident as possible. This can help capture details that may fade from your memory with time. You should also take as many pictures as possible, especially of the accident scene, to show the damage that occurred and how the incident happened. This is crucial in auto accident cases, but is also true for any other kind of accident as well, including work injuries. If the police are called, make sure to obtain a copy of their report.
Next, you should collect the contact information of anybody who witnessed the accident as well as the information of everyone involved, especially those you believe are responsible.
You should also seek out medical treatment, even if you think you are fine. It is important to be examined by medical professionals because often some injuries are not immediately obvious. Collect copies of all your medical records that document your visits and treatments you received. This will be vital for insurance claims.
Our Providence, Rhode Island, Injury Attorneys Can Help Establish and Preserve Your Personal Injury Claim
Preserving this evidence can be crucial to proving you have a personal injury case and how much compensation you may be entitled to. At DeLuca & Weizenbaum, we have extensive experience helping people with all of these steps.
Before you speak with any parties involved or their insurance carriers, we urge you to contact us. We can evaluate your situation during a free consultation. Our legal team will help determine if you have a valid personal injury claim and clearly outline what steps should be taken to protect your rights and claims to compensation.
W hat Is Negligence?
At the heart of every personal injury claim, you must prove that you suffered an emotional or physical harm and/or property damage because of negligence committed by another person or party. Negligence must be proven by showing that a person or company failed to exercise a reasonable standard of care when it comes to ensuring the safety of others. If another party or parties fail to meet this standard of care, they may be liable for any resulting damages, injuries and harm.
Our attorneys are well-versed in building strong cases that prove negligence occurred in all types of situations from defective products to poorly maintained parking lots to nursing home negligence that unfortunately result in catastrophic injuries and wrongful deaths.
Can I Still Pursue a Case if I Was Partially at Fault for My Injuries?
Yes. Rhode Island has adopted a pure comparative fault rule. This means a damaged party is allowed to pursue money damages even if you are 99 percent at fault. However, your recovery opportunities will be reduced by your own degree of fault.
In Massachusetts, the answer to this is also yes but a different standard is used. Massachusetts uses a modified comparative negligence standard. Liability for an accident is based on which party is deemed to be more than 51 percent responsible for the crash and resulting damage.
Our firm understands how to prove what percentage of compensation you are entitled to based on who is at fault and the extent of your injuries. We spend the time needed to carefully investigate the facts, all the evidence, calculate damages and apply the relevant laws correctly.
Learn More During a Free Consultation — Contact Us Today
If you have any more questions or if you want to know if your situation qualifies as a valid claim, we encourage you to contact DeLuca & Weizenbaum, in Providence, Rhode Island. Our experienced lawyers represent clients throughout Rhode Island and Massachusetts.