wbry

Negligence: Differences Between States

rainer.randell02@gmail.com (Rainer Randell) — Wed, 24 Jul 2024 17:50:54 GMT

Pure Comparative Negligence vs Modified Comparative Negligence

Pure comparative negligence is a legal doctrine used in tort law to allocate damages between parties involved in an accident or injury based on their respective degrees of fault. Under pure comparative negligence, each party's recovery of damages is reduced in proportion to their percentage of fault, regardless of how significant or minor that fault may be.

Here's how it works:

Assessment of Fault: After an accident or injury, a determination is made regarding the fault of each party involved. This assessment is typically based on evidence such as witness statements, police reports, and expert testimony.
Percentage of Fault: Each party's percentage of fault is then calculated based on the degree to which their actions or negligence contributed to the accident or injury.
Damages Allocation: The total damages awarded to the injured party are then reduced by their percentage of fault. For example, if the injured party is found to be 20% at fault and the total damages are $100,000, they would be entitled to recover $80,000 (i.e., $100,000 minus 20%).
Comparative Analysis: This process allows for a comparative analysis of fault, ensuring that parties are held accountable for their contribution to the accident or injury.

Pure comparative negligence is used in several jurisdictions across the United States. It differs from other forms of comparative negligence, such as modified comparative negligence, which may limit recovery if the injured party's fault exceeds a certain threshold. In pure comparative negligence systems, even if the injured party is predominantly at fault, they can still recover damages, albeit reduced by their percentage of fault.

Modified comparative negligence is a legal doctrine used in tort law to allocate damages between parties involved in an accident or injury based on their respective degrees of fault, with some limitations. Unlike pure comparative negligence, which allows recovery even if a party is predominantly at fault, modified comparative negligence imposes restrictions on recovery based on the injured party's level of fault.

There are two main variations of modified comparative negligence:

50% Bar Rule: Under this rule, an injured party cannot recover damages if they are found to be 50% or more at fault for the accident or injury. If the injured party's fault is determined to be 49% or less, they can still recover damages, but their recovery is reduced in proportion to their percentage of fault.
For example, if the injured party is found to be 30% at fault and the total damages are $100,000, they would be entitled to recover $70,000 (i.e., $100,000 minus 30%).

51% Bar Rule: This rule is similar to the 50% bar rule, but it imposes a stricter threshold. Under the 51% bar rule, an injured party cannot recover damages if they are found to be 51% or more at fault for the accident or injury. If their fault is determined to be 50% or less, they can still recover damages, albeit reduced in proportion to their percentage of fault.
For example, if the injured party is found to be 40% at fault and the total damages are $100,000, they would be entitled to recover $60,000 (i.e., $100,000 minus 40%).

Modified comparative negligence is used in various jurisdictions across the United States. It aims to strike a balance between compensating injured parties and holding them accountable for their own negligence. The specific rules and thresholds may vary by state.

Traumatic Brain Injury (TBI)

rainer.randell02@gmail.com (Rainer Randell) — Wed, 17 Jul 2024 21:03:40 GMT

What Is a Traumatic Brain Injury? (TBI)

A traumatic brain injury (TBI) occurs when a sudden trauma causes damage to the brain. This type of injury can result from various accidents, including:

Motor Vehicle Accidents: Collisions involving cars, motorcycles, bicycles, or pedestrians can cause TBIs, particularly if there's a direct impact to the head or rapid deceleration forces.

Falls: Falls from heights, slipping, or tripping accidents can lead to head injuries, especially if the head strikes the ground or another object.

Sports Injuries: Contact sports or activities with a risk of falls (like skiing or horseback riding) can result in TBIs due to impacts, collisions, or falls.

Assaults: Physical assaults or violent attacks can cause traumatic brain injuries from blows to the head or intentional trauma.

Types and Severity of TBIs

Concussion: A mild traumatic brain injury (TBI) often caused by a blow or jolt to the head, resulting in temporary loss of consciousness or confusion.

Contusion: Bruising of brain tissue due to a direct impact.

Diffuse Axonal Injury: Widespread damage to brain cells and nerve fibers from rapid acceleration or deceleration forces, common in severe TBIs.

Penetrating Injury: Occurs when an object penetrates the skull and damages brain tissue.

Symptoms of TBI

Mild TBI: Headache, confusion, dizziness, nausea, sensitivity to light or noise, memory problems, mood changes.

Moderate to Severe TBI: Persistent headache, repeated vomiting or nausea, seizures, loss of consciousness, slurred speech, numbness or weakness in extremities, profound confusion or agitation.

If you are feeling any symptoms it is important to seek immediate medical attention

Treatment and Recovery

Emergency Care : Immediate medical attention is crucial to stabilize the patient and prevent further injury.

Diagnostic Tests: CT scans or MRI may be used to assess the extent of brain damage.

Treatment Plan: Management depends on the severity of the injury. Mild TBIs may require rest and symptom management, while moderate to severe cases may involve surgery to relieve pressure or repair skull fractures.

Rehabilitation: Physical, occupational, and speech therapy can help patients regain lost functions and cope with cognitive or physical impairments.

Long-Term Outlook

The outcome of a traumatic brain injury can vary widely depending on the severity and location of the injury, age of the patient, and promptness of medical care. Some individuals may experience lasting disabilities requiring long-term support, while others may recover fully with time and rehabilitation.

If you or someone you love has experienced a traumatic brain injury, it's important to seek medical attention immediately to assess the extent of the injury and begin appropriate treatment.

Lastly, contact the personal injury attorneys at WBRY Law! Our personal injury attorneys will help you navigate the claim process, deal with outstanding medical bills, and obtain compensation for the pain and suffering you deserve. Contact us today for a free case evaluation! 401-900-WBRY (9279).

Femur Fractures

rainer.randell02@gmail.com (Rainer Randell) — Wed, 17 Jul 2024 20:46:54 GMT

Femur Fractures and Treatment

A femur fracture from trauma typically occurs from motor vehicle accidents, slip and falls, or trip and falls. The femur, being a strong bone, requires significant force to break. When such fractures occur, they can vary in severity and can be classified based on the location of the fracture (proximal, shaft, or distal) and whether the bone fragments are displaced or not.

Different Types of Femur Fractures:

Proximal Femur Fractures: Proximal Femur Fractures occur near the hip joint and are more common in older adults with osteoporosis or after a fall.

Femoral Shaft Fractures: These fractures occur in the middle part of the femur and can range from simple fractures to complex patterns.

Distal Femur Fractures: These occur near the knee joint and can involve the knee joint surface.

Treatment:

Treatment of a femur fracture depends on several factors, including the location and severity of the fracture, the patient's age and overall health, and associated injuries. Treatment options may include:

Surgery: Often necessary for displaced fractures or fractures that involve the joint surfaces. A displaced fracture refers to a type of bone fracture where the bone fragments on either side of the fracture line are not aligned properly. The goal of surgery is to realign the bone fragments and stabilize them using metal plates, screws, rods, or nails.

Non-Surgical Treatment: For some fractures, especially non-displaced or stable fractures, immobilization in a cast or traction may be sufficient to allow healing.

Recovery

Recovery from a femur fracture can be lengthy and typically involves a period of immobilization followed by physical therapy. The goals of rehabilitation include restoring strength, range of motion, and function to the injured leg. Complications such as infection, delayed healing, or problems related to the surgical hardware may occur but are closely monitored and managed by healthcare providers.

Prompt medical attention and appropriate treatment are crucial to optimize outcomes and minimize long-term complications associated with femur fractures from trauma.

If you have suffered a femur fracture from a fall, accident or trauma contacting the personal injury attorneys at WBRY Law is crucial. Our personal injury attorneys will help you navigate the claim process, deal with outstanding medical bills and seek compensation for the pain and suffering you are going through. Contact us today for a free case evaluation! 401-900-WBRY (9279).

How Much Does a Personal Injury Attorney Cost?

rainer.randell02@gmail.com (Rainer Randell) — Wed, 17 Jul 2024 16:46:02 GMT

You Pay Nothing Until You Win!

Personal injury attorneys get paid through what is called a contingency fee arrangement.

What is a Contingency Fee Arrangement?

Instead of charging an hourly rate or a flat fee upfront, personal injury lawyers often work on a contingency basis. This means their fee is contingent upon (dependent on) the outcome of the case.

How Does It Work?

If the attorney successfully resolves the case in favor of their client (through a settlement or a court judgment), they will receive a percentage of the compensation awarded to the client. This percentage is agreed upon between the attorney and the client before the attorney starts working on the case. The standard fee percentage is 33.3% of the settlement or award.

How Does This Benefit the Client?

Contingency fees can be advantageous for clients who might not be able to afford high upfront legal fees. It also incentivizes attorneys to work hard for their clients because their payment is tied to the outcome of the case.
In addition to the contingency fee percentage, attorneys may also deduct any costs and expenses incurred in pursuing the case. These costs could include court filing fees, expert witness fees, medical records fees, etc. Attorneys deduct these costs from the client's share of the settlement or award.

Overall, the contingency fee model is designed to make legal representation accessible to those who need it without requiring payment until and unless a favorable outcome is achieved.

If you or a loved one has been suffering from an injury due to the fault of someone else, it is essential to consult with our office at Weber, Bednarz, Randell & Young, LLP – (401) 900-9279. At Weber, Bednarz, Randell & Young, LLP, we can evaluate your case, gather evidence, consult with medical experts, and advocate on your behalf to pursue compensation for your injuries and losses through negotiation, mediation, or litigation. Give us a call today! (401) 900-9279.

You pay nothing until you win!

Uninsured & Underinsured Motorist

rainer.randell02@gmail.com (Rainer Randell) — Wed, 12 Jun 2024 01:03:46 GMT

Can You Still Recover After a Hit & Run Accident or When a Driver Does Not Have Any Insurance?

Can I still recover my damages when I have been a victim of a hit and run or when the negligent party does not have insurance?

The answer: It depends.

In Rhode Island, drivers are required by law to carry a liability policy and uninsured/underinsured coverage. Liability coverages damages when you are at fault for an accident. The uninsured motorist benefits are designed to protect you if you’ve been a victim of a hit and run accident, involved with a driver who doesn't have insurance or doesn't have enough insurance to cover the damages they caused.

Here's how it typically works:

1. Uninsured Motorist Coverage (UM): If you're in an accident caused by a driver who doesn't have insurance, your uninsured motorist coverage will help pay for your medical bills and property damage.

2. Underinsured Motorist Coverage (UIM): If you're in an accident caused by a driver whose insurance coverage is insufficient to cover your expenses, your underinsured motorist coverage can make up the difference.

A person can waive out of these coverages, but they're certainly valuable to consider, especially in areas where uninsured drivers are more common or where minimum insurance requirements are low.

In Rhode Island, drivers are required to have the following minimum auto insurance coverage limits:

1. Bodily Injury Liability Coverage:

a. $25,000.00 per person

b. $50,000.00 per accident (if multiple people are injured)

2. Property Damage Liability Coverage:

a. $25,000.00 per accident.

Uninsured/Underinsured coverage provides an added layer of financial protection for you and your passengers in case of an accident caused by someone else's negligence.

If you or a loved one has been a victim of a hit and run or a driver of who does not have insurance, it is essential to consult with our office at Weber, Bednarz, Randell & Young, LLP – (401) 900-9279. At Weber, Bednarz, Randell & Young, LLP, we can evaluate your case, gather evidence, consult with medical experts, and advocate on your behalf to pursue compensation for your injuries and losses through negotiation, mediation, or litigation. Give us a call today! (401) 900-9279.

Medical Malpractice

rainer.randell02@gmail.com (Rainer Randell) — Thu, 30 May 2024 23:26:45 GMT

The Basics of Medical Malpractice Cases

Medical malpractice refers to professional negligence by a healthcare provider that results in injury, harm, or death to a patient. This negligence can occur through acts of omission (failing to provide appropriate medical care) or commission (providing substandard or negligent medical care). Medical malpractice cases typically involve healthcare professionals such as doctors, surgeons, nurses, dentists, pharmacists, and other healthcare providers.

In medical malpractice cases, plaintiffs have the burden of proving 4 key elements: (1) Duty of Care; (2) Breach of Duty; (3) Causation; and (4) Damages.

1. Duty of Care: Healthcare providers owe their patients a duty of care, meaning they are expected to provide treatment that meets the standard of care expected of a reasonably competent practitioner in their field.

2. Breach of Duty: A breach of duty occurs when a healthcare provider fails to meet the standard of care expected in their profession. This can involve errors in diagnosis, treatment, surgery, medication management, or other aspects of patient care.

3. Causation: The breach of duty must be the direct cause of the patient's injury or harm. In other words, the patient must prove that they were injured as a result of the healthcare provider's negligence.

4. Damages: The patient must have suffered damages as a result of the healthcare provider's negligence. These damages can include physical injury, emotional distress, medical expenses, loss of income, and other losses.

Medical malpractice cases can involve a wide range of issues, including misdiagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, failure to diagnose, delayed treatment, and more. These cases are often complex and require expert testimony from medical professionals to establish the standard of care and demonstrate how it was breached.

If you believe you or a loved one has been a victim of medical malpractice, it's essential to consult with our office at Weber, Bednarz, Randell & Young, LLP – (401) 900-9279. At Weber, Bednarz, Randell & Young, LLP, we can evaluate your case, gather evidence, consult with medical experts, and advocate on your behalf to pursue compensation for your injuries and losses through negotiation, mediation, or litigation.

Your Rights Explained

Fri, 24 May 2024 07:19:08 GMT

Navigating Rhode Island Workers' Compensation: Your Rights Explained.

I’m Attorney Christopher Young. I have over 20+ years of experience practicing

law, and I focus primarily on workers' compensation law at Weber, Bednarz, Randell & Young, LLP.

If you have recently suffered a workplace injury or illness in Rhode Island, understanding your rights and the process of claiming Workers' compensation benefits can feel overwhelming.

This post is designed to guide you through the essentials and illustrate how our firm can assist you every step of the way.

Understanding Workers' Compensation in Rhode Island

a. What is Workers' Compensation? Workers' compensation is an insurance program

mandated by the state that provides compensation to employees who suffer job-related injuries or illnesses.

b. Purpose of Workers' Compensation: This system is designed to help cover medical

expenses and lost wages associated with workplace injuries, without the need to prove fault, providing a safety net for you and your family.

Are You Eligible? Know Your Rights

a. Eligibility for Workers' Compensation: Generally, most employees in Rhode Island are eligible for workers' compensation from the first day on the job. This includes part-time, full-time, and seasonal workers.

b. Your Rights as an Injured Worker: As an injured employee, you are entitled to benefits such as medical treatment, compensation for lost wages if you are unable to work, payment for disfigurement and loss of use (if applicable) and necessary rehabilitation services.

Filing a Claim Successfully

a. Step-by-Step Guide to Filing a Claim: I’ll help you navigate the process of filing a claim with the Rhode Island workers' compensation system.

b. Common Pitfalls: Many workers encounter delays and denials because of incomplete documentation, missed deadlines or unresponsive employers. The paperwork can be confusing. We are here to help!

Overcoming Challenges in Your Claim

a. Typical Challenges: It's not uncommon to face challenges such as disputes over the

injury, its severity or disagreements about the appropriateness of provided medical

treatments.

b. How Legal Representation Can Help: Having an experienced workers' compensation

attorney can help you navigate these challenges effectively. We advocate for your rights, ensuring that you receive the full benefits you deserve.

Why Choose Weber, Bednarz, Randell & Young, LLP?

a. Our Commitment: At WBRY Law, we are dedicated to supporting injured workers. Our approach at Weber, Bednarz, Randell & Young, LLP is personalized, and our attorneys are committed to fighting for your rights.

b. We have helped many workers successfully navigate their claims and recover the

compensation they need to heal and move forward.

c. Understanding and asserting your rights after a workplace injury is crucial for your

recovery and financial stability. At WBRY Law, we are here to help you through this

challenging time with expertise and compassion. Don’t navigate this complex system

alone; let us advocate for you.

If you or someone you know is dealing with a workplace injury, contact us today at 401-296-3516 or visit our website at www.wbrylaw.com for a free consultation. Let’s ensure your rights are fully protected.

Why Hire a Business Lawyer?

Fri, 24 May 2024 07:19:08 GMT

Business lawyers are not one-size-fits-all. As with all important relationships, it’s paramount to make sure you’re professionally compatible. Take your time in finding the right legal support for your specific business needs.

How to hire the right lawyer for your business

Hiring the right business lawyer is important. Your attorney can advise you on a variety of matters from the type of business you form at the start to how to handle complex legal situations. They’re there to support you through any conflicts or incidents that arise.

As time goes on and your lawyer gets to know you and your business better, they will become one of your most valuable assets.

Consider your company’s needs.

First, find a business law firm that has experience dealing with companies in your sector. Knowledge of your industry means they’ll be better able to protect your business against the types of issues that affect it.

Conduct an initial interview.

Make a shortlist of candidates and sit down with each one. Ask questions and follow up on their responses. The conversation should leave you feeling confident in their abilities.

Find out about their experience in your specific industry. Get them to share why they think they would best represent your business. Explain what your goals are as a business owner, and ask them how they can help you achieve them.

Trust your instincts. While knowledge and experience are important, you need to feel that you can communicate comfortably with your attorney and that you trust their judgment.

Contract creation and enforcement

All business relationships with your customers and suppliers are governed by contracts. Your lawyer can make sure that such agreements provide your company with the highest degree of protection. They can also check over suppliers’ contracts and give you advice on whether or not you should sign them.

Tax consultation

Complying with tax law is one of the most complicated parts of running a business. Your business lawyer’s expert advice can prevent future issues with taxation. They can also find credits and deductions to potentially save you cash come tax season.

Cash, assets and property protection

You need a business lawyer to make sure that your business’s cash and assets, including your intellectual property, are properly protected. Attorneys can also help you with trademark registrations and copyright applications.

Employment agreements and issues

Employment law is complicated. You’ve got to consider both federal and state legislation when hiring, handling and firing members of staff.