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A personal injury is described as any harm caused to a person, such as a broken bone, a cut, a bruise or slander. Any type of bodily injury as a result of an attack, negligence, or accident can also be categorized as the same, and you can file a lawsuit to recover damages from whoever is responsible for your injuries.
Rhode Island Workers Compensation claims are also handled by Rhode Island personal Injury Attorneys. The purpose of workers’ compensation, is to provide assistance when a worker is harmed (including a worsened preexisting condition) that arises in the scope of employment. This means that anyone personally injured while working or through work-related matters. If payments from workers comp run out and you still need financial help contact Personal Injury Attorney Joshua Macktaz for options.
Personal injuries can also be any injury resulting from libel, slander, malicious prosecution, or false arrest, any bodily injury, sickness, disease, or death sustained by any person and caused by an occurrence for which the state or anyone else may be held liable.
(Click on a topic below for more information)
Medical Malpractice in Rhode Island is a doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. In other words, this poor standard of care is negligence from a health professional that leads to injury. It is also commonly called med mal, and it is more prevalent than some believe. In fact, it is estimated that between 50% – 65% of all American doctors will be sued at least once in their careers. This is quite alarming, considering the amount of individuals in this field.
In order for a medical malpractice suit to be valid, certain criteria must be met. The following should be proven:
Once all of these have been found to be present, then a medical malpractice claim may be initiated. But you should be very careful. Don’t try to settle things with your doctor without the help of a medical malpractice attorney. Most health care professionals are insured and have savvy attorneys that are not willing to work for your benefit. In fact, plaintiff’s only won 38% of trial cases against doctors. You should seek professional legal help to get the compensation you deserve.
You should be very careful about your state’s statute of limitations as well. As valid as your case may be, if you take too long to start a legal process it may become worthless. Once you feel that you have been a victim of medical malpractice, you should contact Joshua Macktaz, an attorney with experience in this area who can help you with your concerns and legal questions.
Traumatic brain injuries are serious injuries to the head often resulting in severe and permanent damage to the brain. The skull may crack, break or fracture when the force applied against it is greater than the strength of the bone itself. The severity of the fracture depends on several factors including the victim’s overall health, age, and type of impact.
Here are some common medical malpractice situations that a Med Mal Lawyer can help with:
Strict Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).
In any jurisdiction, one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers:
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law. Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
The law of products liability is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. In it, the most important products liability sections are the implied and express warranties of merchantability in the sales of goods. Products liability is derived mainly from Torts. An experienced attorney can guide you through this complicated process and help you receive the compensation you deserve.
The impact a car accident injury can have on someone can be tremendous and costly. Car accident injuries occur on a large scale every day. A Rhode Island Car Accident Injury Lawyer understands the complexities that auto accidents entail, including both legal and insurance matters. Determining who is at fault for a car accident can be difficult due to the many factors an auto accident can involve.
Many causes of car accident collisions are due to:
One major car accident injury causing distraction from above is the misuse of cell phones. Research studies show that the number of cell phone subscribers has grown from 94 million in the year 2000 to about 130 million today. It is therefore not hard to imagine how many of them use their cell phone while driving. The National Highway Traffic Safety Administration (NHTSA) reports that 85 percent of these cell phone subscribers talk on the phone while they are operating a car. It has also been estimated that 6 percent of automobile accidents per year are caused by drivers talking on their cell phone. This means that a total of 2,600 people will die in cell-phone related car accidents this year.
Around 98 percent of reported accidents involve a single distracted driver concentrating not on the road, but rather on one of the following Rubbernecking (16%), Driver Fatigue (12%), Surroundings (10%), Child/Passenger Distraction (9%), Adjusting Radio/CD (7%), Cell Phone (6%)
If you have been involved in a car accident that was in your opinion, caused by an inattentive driver using a cell phone, you need the experience and knowledge Joshua Macktaz, Rhode Island Car Accident Injury Lawyer to investigate your case to the fullest.
It is therefore not hard to imagine how many of them use their cell phone while driving. The National Highway Traffic Safety Administration (NHTSA) reports that 85 percent of these cell phone subscribers talk on the phone while they are operating a car. It has also been estimated that 6 percent of automobile accidents per year are caused by drivers talking on their cell phone. This means that a total of 2,600 people will die in cell-phone related car accidents this year.
Around 98 percent of reported car accident injuries involve a single distracted driver concentrating not on the road, but rather on one of the following:
If you have been involved in a car accident that was, in your opinion, caused by an inattentive driver using a cell phone, you need the experience and knowledge Rhode Island Accident lawyer Joshua Macktaz to investigate your case to the fullest.
Pets can be a wonderful addition to an individual’s life until the dog attacks a victim. A dog may turn vicious for no apparent reason! Today we know that some breeds of dogs, like pit bulls and bull terriers, are indeed known for their aggressive tendencies. The owners, when they choose any breed of canine have a responsibility for their actions and any injuries that the animal may cause. Even well trained and friendly dogs will attack victims out of the blue, shocking both the victim as well as the dog owners. These injuries can lead to serious infections for the attacked victim along with deep physical and emotional pain that sometimes may result in the dog attack victim’s death.
When a person is bitten by a dog, the dog bite statute of Rhode Island provides for strict liability unless the dog was confined. It also mandates that, if attacked by a dog that previously came within the state law, the victim is entitled to double damages.
The Rhode Island Supreme Court summarized the state’s dog bite statute in just 10 words: “strict liability attaches for any injury occurring outside the dog’s enclosure.”
The strict liability of the dog-bite statute is predicated on the location of the dog at the time of injury. It has been established that “the clause ‘while traveling on the highway or out of the enclosure of the owner or keeper of such dog’ modifies the word ‘person’ and not the word ‘dog.’ ” Wilbur v. Gross, 55 R.I. 473, 478, 182 A. 597, 599 (1936). “Therefore, the dog-bite statute imposes strict liability in any circumstance wherein the dog is outside of its owner’s enclosure.” Johnston v. Poulin, 844 A.2d 707 (Rhode Isl. Sup. Ct., 2004).
The dog bite has the following features:
Here are a few dog attack victims topics to discuss with your dog bite lawyer:
Rhode Island Wrongful Death Lawyers are experienced with the elements of wrongful death suits involved in the cause of death, who is strictly liable for the death, and who can claim the wrongful death. Wrongful Death is defined as the death of an individual as a direct result of the negligence of another individual, company, or entity. Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money due to the wrongful death of the decedent.
Rhode Island Wrongful Death Attorney Joshua Macktaz can help you out with all legal issues involving wrongful death claims against companies and individuals in Rhode Island and Massachusetts.
Wrongful Death Attorney Macktaz is willing to assist you with everything involved in a wrongful death claim throughout Rhode Island and Massachusetts.
Wrongful death suits can come about as a direct result of:
Common things to expect when one has experienced the wrongful death of a friend or relative can range from loss of income, sorrow, mental anguish, loss of companionship, hospital bills, and other.
One of the most frequent causes of wrongful death is medical malpractice. Thousands die each year because this kind of wrongful death is not filed or goes unnoticed. Contact us if you think a relative or someone you know died as a result of medical malpractice. You may be able to file a Wrongful Death suit, if there is a loss of substantial loss of income and benefits caused by the victim’s death or loss of inheritances caused by the wrongful death of the individual.
As simple as they may seem, a slip or fall can be very dangerous and will need representation by a Rhode Island Slip and Fall Attorney. This area of personal injury witnesses thousands of injuries every year in the United States. An almost invisible crack or a small amount of soapy water can leave a victim in a wheelchair or with a permanent spinal cord injury. But there are many layers to premises liability, which is the area of law that encompassed slip and fall injuries. It can become very complicated when trying to determine fault and to determine whether conditions were indeed hazardous.
Slip and fall accidents are personal injury and are one type of “fall down” accidents. Slip and fall attorneys handle four general types of slip and fall accidents:
Slip and fall attorneys will explain to the injured victim that both the property owner as well as the injured person can be held to varying degrees of responsibility for an injury. The property owner has a responsibility to keep property safe. Each person has a duty to watch where they are going, as well as realize that there are things that fall or spill onto walking surfaces.
Ideally, a slip/fall accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the slip and fall, along with any other relevant information such as lighting. The requirement for a report is generally a store or business policy, rather than mandated by law. If a report is not completed at the business location or occurred at a private location or was not observed by others, a slip and fall attorney will ask you to compile a record of what happened yourself. Include information such as a description of the circumstances, who was present, the comments made by those who saw or helped after the fall, and, if possible, take photos of the area. If you were physically hurt, have your injury checked out immediately to help substantiate your slip and fall injury lawsuit claim. You should later contact an experienced slip and fall attorney to get the legal help you require.
Workers Comp Claim Settlement – Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related injury or illness. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most work accidents. State Workers Comp statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.
Types of Workers Compensation Acts enacted by Congress:
The Federal Employment Compensation Act provides workers compensation for non-military, federal employees. Many of its provisions are typical of most workers comp claim settlement laws. Awards are limited to “disability or death” sustained while in the performance of the employee’s duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the injury or disability and may require the employee to undergo job / work retraining. A disabled employee receives two-thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries, or if he or she has dependents. The act provides compensation for survivors of employees who are killed. The act is administered by the Office of Workers’ Compensation Programs.
Rhode Island Workers Compensation Basic Information:
Your employer files a claim with their workers’ compensation insurance carrier. You must report your injury or illness to your employer to start the process.
The RI workers’ compensation system is a form of no fault insurance. It is designed to provide assistance to employees injured at work for medical expenses and lost wages. The employer buys an insurance policy to cover accidents to employees in the workplace. The employer’s insurance company pays claims that are covered under the employer’s insurance policy.
Employers with one or more employees are required to carry workers’ compensation insurance. Sole proprietors, partners, certain real estate, agricultural and domestic service employees are not covered. Police, firefighters, and federal employees are covered under different compensation programs. Municipal employees are only covered if the municipality has chosen to be covered. Independent contractors are not covered.
Covered employees who are injured at work or who become ill from working may be eligible to collect workers’ compensation benefits. If your injury or illness is not work-related, a different program, such as Temporary Disability Insurance or Social Security Disability may provide benefits.
A catastrophic injury or illness usually occurs suddenly and without warning. Injuries that are considered catastrophic, due to the enormous impact they have on the lives of the individuals who experience them, include the following: brain injury, spinal cord injury, accidental amputation, severe burns, multiple fractures, or other, neurological disorders. A catastrophic injury or illness very often causes severe disruption to the central nervous system, which in turn affects many other systems of the body.
Types of Injuries that could be considered catastrophic include the following:
In addition to possible loss of movement, sensation, and communicative and cognitive abilities, the injury or illness may impact respiration, circulation, skin, the urinary system, the gastrointestinal system, and other body systems. Management of such an injury is complex and requires the expertise of a team of health professionals including physicians, consultants, nurses, therapists, and counselors. Clearly, the long-term needs of someone who has experienced this type of injury far surpass those of individuals with less severe injuries. Individuals may recover from some catastrophic injuries if they receive proper, early medical treatment; however, others may experience permanent disability, significant suffering, and reduced life spans. If a catastrophic injury was caused by the negligent or intentional act of another, or by a dangerous or defective product, a personal injury claim by the victim will be an integral factor in determining his or her future quality of life, including the quality of the medical care and other support he or she will receive. Because of the huge financial implications a catastrophic injury has, one of the most important aspects of bringing a personal injury claim is the determination of the value of such a claim.
The long-term implications of many catastrophic injuries often do not surface or become apparent until years after the original injury. For example, individuals who are injured as children may experience changes in their abilities/disabilities as they grow, requiring surgeries or other medical intervention to accommodate their growth. Similarly, a burn victim might continue to undergo reconstructive surgeries for many years after the original injury. Thus, an attorney who understands the long-term implications of such injuries will be better able to ensure the victims receive just compensation and sufficient resources for the future. A person whose earning capacity has been substantially impacted and who is likely facing a lifetime of care requires an experienced attorney, with specialized knowledge of his or her particular type of injury, to ensure that the injured person obtains all of the financial support he or she will need, possibly for decades to come.
Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the torturous conduct or for monetary damages. Among the types of damages, the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress.
Torts fall into three general categories:
Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant’s actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.
Claim Tort: Tort law is state law created through judges (common law) and by legislatures (statutory law). Many judges and states utilize the Restatement of Torts (2nd) as an influential guide. The Restatement is a publication prepared by the American Law Institute whose aim is to present an orderly statement of the general law of the United States.
Plane Crash Attorneys can help you and your family when you have been hurt from a plane crash. Aviation accidents do not occur as frequently as other modes of transportation, however when an airline accident does take place it may result in fatalities. Hire our plane crash attorneys. The other types of plane crashes can occur on the runway, as many of the airline accidents do due to air traffic control and other miscommunication problems that can cause runway crashes. These smaller crashes may not be as severe, but injuries still occur to the passengers and crew.
Common reasons for Aviation Accidents include:
Aviation accidents have a high potential for death and injury due to the speed and height that planes travel at. Most aviation accidents are the result of human error and mechanical difficulties. In many instances, an airline accident has created so much damage that understanding how the airline accident happened can be difficult. The NTSB and FAA are in charge of investigating aviation accidents in order to understand what may have contributed to the aviation accident happening. Rhode Island and Massachusetts Plane Crash Attorney Joshua Macktaz will notify individuals of all their rights and options regarding the airline accident.
Even in seemingly minor airline accidents a passenger can experience injuries in addition to emotional distress. Many airline accidents could have been easily prevented, if the correct standards and procedures were followed and a personal injury attorney will seek appropriate damages.
If you have been a victim of a truck accident, you do not need to suffer alone. Hire Rhode Island and Massachusetts Truck Injury Attorney Joshua Macktaz Now! Over 5,000 people die as a result of truck accidents and collisions. Truck accidents are common occurrences in today’s hectic streets, avenues, and highways. Our Truck Injury Attorneys can assist you with any and all litigation you wish to pursue if you or anyone you know has been the victim of a truck accident. According to the National Highway Traffic Safety Administration (NHTSA), there were 6.3 million traffic accidents reported by the police last year, in which over 41,000 individuals were killed and an approximated 3.2 million people were injured. Our expert lawyers can help you with filing a lawsuit so that you can receive sufficient compensation for your injuries.
Following are common causes of truck accidents:
Rhode Island lawyer Joshua Macktaz is ready and willing to help you if have any questions or need assistance with truck accident and vehicular accident charges.
If involved in a trucking accident file a report to have documentation of the trucking accident occurring and obtain all necessary information. Avoid discussing the events of the trucking accident because another said or documented can later be used against you. Contact our truck injury attorneys to learn your legal rights and options. A truck injury lawyer can help you recover the damages you are entitled to.
Crashes with motorcycles are not rare events – particularly among some beginning riders. Did you know that one out of every five motorcycle crashes are shown to result in head or neck injuries? Negligent drivers cause skilled motorcyclist to crash causing head trauma to the biker. You need the legal help provide by experienced Rhode Island motorcycle injury lawyer Joshua Macktaz to determine who is liable for the motorbike crash! Some crash analysis of motorcycle accidents show that head and neck injuries account for a great majority of fatalities to motorcyclists. Research with motorcycles also shows that, with few exceptions, the proper wearing of an approved head helmet reduces head and neck injuries.
Motorcycle accidents can be caused by:
Local Rhode Island and Massachusetts motorcycle injury lawyer Macktaz will examine your rights and determine the liability. Some riders do not wear helmets because they think helmets will limit their view to the sides. Others wear helmets only on long trips or when riding at high speeds. An approved helmet lets you see as far to the sides as necessary. A study of more than 900 motorcycle crashes, where 40% of the riders wore helmets, did not find even one case in which a helmet kept a rider from spotting danger.
Most crashes happen on short trips (less than five miles long), just a few minutes after starting out. Most riders are riding slower than 30 mph when a crash occurs. At these speeds, helmets can cut both the number and the severity of head injuries by half. No matter what the speed, helmeted riders are three times more likely to survive head injuries than those not wearing helmets at the time of the crash. Almost every single motorcycle injury accident ends up in injury so the damages experienced can be extensive.
Boating accidents happen in many different places and quickly. Lakes, canals, the intercoastal waterway and oceans can be lots of fun if you are in a boat. Water crafts and jet skis can also be a great way to enjoy a sunny weekend.
Overall, two-thirds of all fatal boating accident victims drowned. Of those who drowned, ninety (90) percent of the victims were not wearing their life jacket. Eight out of every ten boaters who drowned were using boats less than 20 feet in length.
Consistent with previous years, 70% of reported fatalities occurred on boats where the operator had not received boating safety instruction. Operator inattention, carelessness/reckless operation, excessive speed, and no proper lookout are the primary contributing factors in all reported accidents.
Alcohol use is the leading contributing factor in fatal boating accidents; accounting for nearly twenty (20) percent of all reported fatalities.
Twenty-nine (29) children age 12 and under lost their lives while boating in 2006; compared to 21 children in 2005 and 14 children in 2004. Nearly twice as many children drowned in 2006 (15) compared to 2005 (8). The most common types of boats involved in reported accidents were open motorboats (45%), personal watercraft (PWC) (24%) and cabin motorboats (14%). A significant increase was observed in the number of reported fatalities associated with the use of canoes/kayaks (99) when compared to 2005 (78).
Boating lawyer Joshua Macktaz will help determine this in your case. This number is much greater when considering all of the US waterways and coastline. Property may be damaged, such as sea walls, docks and other boating related property. Unfortunately, there are times when disaster strikes, and a boat water craft collides or sinks.
Issues related to a cruise ship injury and boating accidents:
Water sports fun can turn to danger in a split second on the water. A boat may have been speeding, or a driver may have had too much alcohol. The crash or boat accident injury may not be your fault. On a larger scale being involved in a cruise ship injury have also been known to cause catastrophic outcomes.
There are boating laws and they must be followed, or injuries may happen. The level of alcohol in each state is different and other stats boating laws can be confusing or unclear. That’s were our personal injury lawyers will help you. They will discover the boating liability and inform you of your true state & local boating rights legal options. It is important to avoid making any statements or signing any papers pertaining to the boating accident without first seeking legal counsel from a qualified personal injury lawyer.
Our local Rhode Island nursing home abuse attorney Joshua Macktaz can help your family with the suffering and mistreatment that has taken place with someone you know or love in a nursing home. Nursing home abuse is one of the nation’s largest growing problems. Estimated one in three nursing homes are reported for nursing home abuse, a number thought grossly underestimated. This statistic is frightening, especially considering instances of nursing home abuse are so severe reports of death, broken bones, beating, and complete neglect occurred.
Some common types of neglect that our local nursing home abuse attorneys handle:
Nursing home abuse and neglect can occur in many different ways. These forms include physical pain, emotional trauma, psychological depression, sexual abuse, verbal abuse, and neglecting basic needs. Watching for signs of nursing home abuse can help prevent further damage from occurring because in many instances residents are afraid to disclose that nursing home abuse is happening. Some residents feel reporting the nursing home abuse will make them a burden to their families or increase fear that the nursing home abuse will grow worse.
Nursing home abuse has been largely attributed to underpaid, under trained and high turnover rate of employees. In addition, families of nursing home abuse victims were shocked to learn that a majority of nursing home abuse perpetrators had a history of past nursing home abuse yet this had not stopped them for being hired.
Defamation and libel are defined as a false statement that injures someone’s reputation and exposes them to public contempt, hatred, ridicule or condemnation. If the false statement is published in print or through broadcast media, such as radio or TV, it is called libel. If it is only spoken, it is called slander. You often hear “Truth is the perfect defense against libel.” This is a curious notion, not entirely supported by what goes on in the courts. Truth is a very good defense. It may prove an unshakable defense if you have unlimited funds to pay lawyers to defend it. If you don’t you should build a better defense and or offense.
Common types of defamatory statements are the following:
Defamation is defined as an untrue statement which causes you to be held in contempt or ridicule and as a result causes you damages. Libel is a defamatory statement made in writing and slander is one made orally. If anyone has said anything that was offensive to you, you may have wondered if that person was guilty of having defamed you. Even if the statements fit into one of these categories, which are not all inclusive, it is not defamatory if it is true. Truth is an absolute defense in defamation cases. There are also other defenses in defamation lawsuits. A particular statement may be privileged in that the law allows certain statements to be made without them being classified as defamatory. For example, statements made by certain public officers during the performance of their official duties are privileges.
A defamatory statement may either be a false writing, a picture or visual representation which exposes you to contempt, hatred, or ridicule, causes you to be shunned or avoided, or tends to injure you in you occupation. A slanderous defamatory statement would be one which was false but made through oral communication by word of mouth, radio or television. Certain other communications may be privileged, but there are too many rules regarding privileges and they are too complex to be stated in the short length of this message.
False statements which are made maliciously, in other words, those generated with the state of mind arising from ill-will or hatred, are more often to be held by the courts to be defamatory than false statements which are not malicious (such as simple jokes or something of that nature). However, if the statement is true, there is still no defamation, regardless of what the person’s state of mind was at the time. The defamation case is a difficult kind of lawsuit to win. The first amendment to the United States Constitution protects freedom of speech and the courts have set forth a complicated set of rules that are used to determine whether particular types of statements are protected by the first amendment, regardless of whether they are false.(401)861-1155
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