Showing posts with label negligence. Show all posts
Showing posts with label negligence. Show all posts

Thursday, December 30, 2010

Personal Injury Settlement Negotiations

When is it acceptable for a personal injury, auto accident, slip and fall, or other injury client to negotiate their own settlement with the insurance company?

The short answer to this question is never. Except in instance of property damage to a vehicle, it is rarely acceptable to negotiate your own settlement for personal injuries sustained in any negligence situation.

The main reason for this is that you cannot be fully informed of every legal aspect of your case, and therefore, are not in the best position to secure the full value for your settlement. Insurance adjusters are quite well versed in saving the insurance company money and will offer you the barest minimum of what you are actually entitled in the absence of professional legal representation.

For instance, you may not be aware that the statute of limitations in Rhode Island is only three years ~ meaning that you must settle your case in that time frame or commence a lawsuit in order to retain your right to any claims.

An additional reason not to attempt to settle your own case is that RI insurance adjusters will always attempt to settle the case quickly and for as little money as possible because they know that you do not have the means to pursue the matter. A qualified and experienced personal injury attorney will be in a position to file a lawsuit against the insurance company if a fair settlement is not reached within a specific time frame.

If you have been involved in a slip and fall, auto accident, or premises liability issue, contact a RI personal injury attorney immediately for a consultation.

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Newport RI Real estate Lawyers handling real estate closings for commercial and residential conveyance and refinancing, Purchase and Sale negotiation and drafting, title issues, tax matters, and all complex zoning and real estate law issues. As Personal Injury Lawyers we also handle all matters of personal injuries. Contact our office at (401) 847-7500 or visit the website at Miller, Scott and Holbrook for more information.

Monday, December 20, 2010

Personal Injury Claim Etiquette

Most people involved in an automobile accident would rather recover and get on with their lives, regardless of their injuries and time lost from work, or any lingering effect of those injuries. In some cases, this is perfectly acceptable, as long as the injury was minor, the damage to the vehicle wasn't severe, and any lost wages were recovered from your employer.

There are situations however, when filing a personal injury claim is not only fair and justified, but necessary in order to recover the losses that were incurred as a direct result of the other party's negligence.

In cases where there is third party negligence involved, it is always fair to file a personal injury claim. And remember the personal injury cases are not limited to car accidents. Common negligence claims can also include dog bites, boating and motorcycle accidents, slip and fall injuries, and injuries sustained while on the property of someone else, either an individual or corporation.

In Rhode Island, personal injury matters have a three year statute of limitations; meaning that you must file your claim within 3 years of the date of your accident or you will lose all right to file. Even if you were found to be partially at fault, you may have a claim, as RI is a comparative negligence state; which means that the amount of recovery is determined by percentage of fault.

If you have been involved in an accident, or have been the victim of third party negligence, contact our office for a consultation immediately.

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Newport RI Real estate Lawyers handling real estate closings for commercial and residential conveyance and refinancing, Purchase and Sale negotiation and drafting, title issues, tax matters, and all complex zoning and real estate law issues. As Personal Injury Lawyers we also handle all matters of personal injuries. Contact our office at (401) 847-7500 or visit the website at Miller, Scott and Holbrook for more information.