Law Office of Joseph LamyLaw Office of Joseph Lamy2023-07-03T19:17:34Zhttps://www.josephlamy.com/feed/atom/WordPress/wp-content/uploads/sites/1403542/2022/08/cropped-Joseph-site-icon-32x32.pngOn Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2550242023-06-22T19:20:59Z2023-07-03T19:17:34ZKey factors contributing to your case
Although many personal injury cases are similar, none of them are exactly the same. As a result, each case requires its own analysis to determine its likelihood of success both in terms of liability and damages.
As you engage in that assessment, you’ll want to consider these factors, each of which could have an impact on the outcome of your case:
The severity of your injuries: The extent and severity of your injuries will impact not only the amount that you’ll be able to recover in medical expenses but will also be a contributing factor to your non-economic damages like pain and suffering. Therefore, to increase your chances of recovering what you deserve, you’ll want to follow your doctor’s recommendations and make a record of the severity of your injuries and how they impact your daily living. This might include documenting every way in which your injuries negatively affect your life.
The power of expert testimony: There’s probably going to be a lot of argument over both liability and damages in your personal injury case. Medical, accident reconstruction and employment experts might carry a lot of sway with the judge or jury, which is why it’s a good idea to have an expert or two on your side. That said, to maximize your chances of winning your case, you’ll also want to be prepared to minimize the impact of expert testimony presented by the defense.
The picture painted by non-expert witnesses: Testimony from your family members and friends can be powerful when it comes to showing liability and damages, too. They might have first-hand accounts of how the accident occurred, both they can also help highlight how your life has changed after being injured in an accident. This can paint a very personal and impactful picture for the judge and jury.
Evidence of comparative fault: Rhode Island recognizes pure comparative fault. This means that even though you can recover compensation if you’re partially to blame for causing an accident, your award can be reduced in accordance with the amount of fault that’s assigned to you. So, if you want to maximize the amount of compensation that you recover from your case, then you should be prepared to counter arguments that try to lay the blame at your feet.
Take a holistic approach to your car accident claim
There are a lot of factors that can impact the outcome of your personal injury case. Therefore, as you prepare to embark on your legal journey, you need to have a well thought out gameplan. This will require you to gather and analyze physical evidence, talk to witnesses and craft persuasive legal arguments that’ll play well in court.
That might seem difficult to do, but the process is better thought of in incremental steps. So, as you continue to research how to navigate your case, remember that step-by-step you can slowly build the compelling claim that you want.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2550222023-05-15T13:15:30Z2023-06-06T14:23:40ZMotorcycle Awareness Month,” and a time when motorists are reminded to keep motorcyclists safe by avoiding distracted driving.
Motorcycle awareness
Sometimes it is challenging for motorists to spot motorcyclists on the road. Motorcycles are smaller vehicles, and they are not always seen by motorists, especially if they are in a motorist’s blind spot. This is especially true if the motorist drives a higher profile vehicle, such as an SUV, a pickup truck, a box truck or a semi-truck.
It is important for motorists to be aware of their surroundings while driving, so they can see if they are sharing the road with a motorcyclist. A motorist who is distracted is not paying attention to the task of driving, and they might not notice a motorcycle until it is too late, and a collision occurs.
A motorcyclist can play their part in safely sharing the road with motorists by wearing reflective clothing, avoiding speeding and avoiding riding after consuming alcohol.
However, motorists should put their cellphones away, avoid daydreaming, wait until they get to their destination to eat and otherwise avoid any activities that could take their hands off the wheel, their eyes off the road or their attention off the task of driving.
By exercising awareness, motorists are more likely to notice motorcyclists sharing the road and can avoid causing a motorcycle accident.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2550202023-04-20T15:40:43Z2023-05-05T15:38:30ZFault at crosswalks
Rhode Island statutes state that pedestrians have the right of way within crosswalks, but only if the traffic lights are out or there are no traffic control signals. Otherwise, pedestrians are expected to follow traffic signals and signs when crossing at the crosswalk.
Pedestrians cannot suddenly jump out into traffic to the point that a motorist would be physically unable to yield to them. If there is a marked crosswalk, and the traffic lights are working, pedestrians must cross the street there.
If a pedestrian wants to cross the street somewhere other than a crosswalk or intersection, they can do so but they do not have the right of way. They must yield to motorists.
Due care
Many people already know that motorists must drive with due care. This is especially true if they are sharing the road with pedestrians. Motorists must take care to notice children or pedestrians who are intoxicated, as these individuals may not exercise sound judgment. If so, the motorist should honk at the pedestrian if necessary to avoid hitting them.
But pedestrians also must exercise due care. If they are drunk or not paying attention to their surroundings, or if they ignore traffic lights or are jaywalking, they might be deemed partially at-fault if they are hit by a car.
Are pedestrians out of luck?
Just because a pedestrian is partially at fault for a collision does not mean the motorist gets off scot-free. Rhode Island follows the laws of pure comparative negligence. This means that the plaintiff in an auto-pedestrian crash case can recover damages minus the percentage of their fault.
For example, if a pedestrian were found to be 30% at fault for the crash, they might recover 70% of damages awarded. Even if a pedestrian was 95% at fault for the crash, they might recover 5% of damages awarded.
So, pedestrians can be partially at fault for car crashes in which they are involved. But this does not mean any damages are automatically barred. A plaintiff’s damages will simply be reduced by the percentage they are at fault.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2550042023-03-27T15:31:28Z2023-04-05T15:28:46ZLook out for these subtle signs of traumatic brain injury
A lot of car accident injuries are readily apparent. Broken bones, lacerations and sprains, strains and torn ligaments are all going to create immediate pain and other physical indications of their existence. But not all injuries that people suffer in a wreck will be immediately noticeable. This includes some of the most serious injuries, including traumatic brain injury.
The subtle signs of traumatic brain injury
Unfortunately, many symptoms of traumatic brain injury don’t present until hours, days or even weeks after you’ve been involved in a car accident. Given this delay, many traumatic brain injury sufferers write off their symptoms as something minor. But this could be a big mistake, as an untreated traumatic brain injury can have serious consequences, including permanent brain damage that affects your motor functioning or death.
But what are some of the symptoms that you need to be aware of after being hurt in a car crash? Here are some of the most common but more obvious signs that you might’ve suffered a brain injury:
Trouble keeping your balance
Difficulty articulating your speech
Unexpected confusion
Nausea and vomiting
Intrusive and excessive sleepiness
Keep in mind, though, that these symptoms may be more readily noticeable after a car accident. You’ll also want to be on the lookout for subtler signs of a traumatic brain injury, which may include any of the following:
Changes to your personality: This is a common effect of traumatic brain injury. Depending on the location of your injury, you could see a dramatic shift in how you act. You might end up being less affectionate toward your loved ones, and you might become more irritable than usual. If you notice changes here, you should reach out to your doctor.
Vision difficulties: A lot of people who are involved in car accidents think that their blurry vision or changes to their field of vision are just minor side effects of the impact. But it might be indicative of something more serious, like a traumatic brain injury.
A pins-and-needles sensation: Although this feeling may be indicative of a nerve issue, it could also signify a traumatic brain injury, especially if it’s isolated on one side of your body.
Loss of memory: If you struggle to recall names, places and events, the impact of your collision may have caused more significant brain damage than you thought or anticipated.
Changed perception of taste and smell: Although this may not be a clear-cut sign that you’ve suffered a traumatic brain injury, it could be a symptom. Therefore, you’ll want to keep a close eye on it, and consider it in light of other symptoms that you’re experiencing.
More lethargy than normal: Tiredness, fatigue and sluggishness are common after a car accident, but if you experience changes to your sleep patterns and your lethargy becomes chronic, there might be something more severe going on.
Chronic and persistent headaches or dizziness: A lot of things can cause a headache, but if you experience a change in the frequency and severity of your headaches, or if you experience severe recurrent dizziness, you might want to talk to your doctor about a potential brain injury.
Be prepared to secure the treatment that you need
A serious car accident injury, such as a traumatic brain injury, can leave you with extensive physical, emotional and financial needs. After all, recovering from one of these injuries is going to take a lot of time, energy and money.
But don’t let that scare you into inaction. Instead, you might want to consider taking legal action against the driver who harmed you so that you can give yourself a shot at recovering the resources that you need to offset your losses.
If you could use some help in analyzing and building your case, now may be the time for you to reach out to a legal team to learn more about the process.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2550022023-03-01T07:07:19Z2023-03-01T07:07:19Ztake legal action against the individual who caused your harm in hopes of recovering the compensation that you deserve.
But how are you supposed to cover your bills until then?
Your options for paying your bills while your lawsuit is pending
Although it may seem impossible to cover all of your bills while you’re waiting for your legal claim to resolve, there are options that you can utilize, even if your savings are insufficient to cover your losses. Let’s look at some of those options:
Turn to insurance policies: Your first step should be to fully utilize your insurance policy as well as the other driver’s policy. This means knowing what those policies entail and how to use them to your advantage. Therefore, you’ll want to pay close attention to the details of your policy.
Work out an agreement with your medical provider: While many medical providers are aggressive in collecting debt, most are understanding if you’re unable to immediately pay your bills because of your accident injuries. That’s why they’re oftentimes willing to enter into an agreement whereby they forego immediate collection of medical debt in exchange for an interest in your lawsuit’s resolution. By doing so, the medical provider is guaranteed that they’ll be paid once you recover compensation. This is oftentimes referred to as a medical lien or a letter of promise.
Ask for help: Some car accident victims are able to successfully seek financial help from family members, their friends, and even their community. If you feel uneasy about doing that, then you might want to consider reducing any borrowing agreements to writing. That way everyone is on the same page with a full understanding of their responsibilities and obligations.
Personal injury loan: There are also businesses out there that provide loans to individuals who are waiting for their legal claim to resolve. The money provided through these lawsuit loans can help you cover your day-to-day expenses, but it’s important to remember that these lending agreements carry an interest rate, which means that you’ll end up paying back more than you borrowed. Also, you’ll be on the hook for repaying this loan even if you end up not recovering from your personal injury claim.
Take an aggressive path in your personal injury case
There’s a lot to think about and deal with when you’ve been injured in a car accident. While you’ll have to navigate the immediacy of paying your bills, you’ll also have to think about how you can recoup your losses and ensure that you have the long-term financial stability that you need.
This is where aggressively advocating for you interests may prove helpful, as doing so may lead to a more robust recovery. But in order to achieve this outcome, you’re going to have to know how to build compelling legal arguments, effectively negotiate, and zealously advocate on your behalf. If you think you could use some assistance in those areas, then you might want to consider reaching out to a legal professional for help.
]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2550002023-01-30T18:02:01Z2023-02-02T18:00:47Zpersonal injury lawsuit. As you do so, you’re probably going to be offered a settlement. Given that these offers usually promise you quick compensation and resolution to your case, which can certainly be appealing, you might be tempted to snatch it up. But you shouldn’t immediately jump on the first offer that’s pushed in your direction.
How to analyze a personal injury settlement offer
If you’re offered a settlement, you should be diligent in analyzing it so that you are certain that you’re making the decision that’s right for you and your family. To do so, you’ll want to pay especially close attention to the following:
The monetary value of your injuries: It sounds uncaring, but before you accept a settlement offer, you need to think of your injuries in terms of compensation. Sure, this means tallying up the money you’ve already spent on medical bills and items necessary for your recovery, but you’ll also want to calculate your lost wages and figure out how much money you’ll need moving forward to pay for your expected medical care.
You also have to try to put a monetary value on the non-economic damages that we mentioned above, such as pain and suffering. This can be tough to do, but if you can paint a clear picture of how your injuries have negatively impacted your life, you’ll stand a better chance of recovering what you’re owed.
Evidence of comparative fault: By accepting a settlement, you agree to forego litigation and the possibility of recovering more compensation. However, going to trial can be risky, especially if there’s evidence showing that you were partially at fault for the accident. This is because the judgment you receive in your case can be reduced if you’re found to be partially at fault for the wreck. Therefore, you’ll want to carefully analyze the evidence at hand so that you know how risky it’d be to go to trial as well as your likelihood of success if you move your case in that direction.
What the experts say: If causation, the extent of your damages or both are drawn into question, you’ll want to know how the experts are going to testify. You may have your own medical professional or accident reconstruction expert ready to testify on your behalf, but you have to view those opinions in light of how the defense’s experts will testify. This may give you a clearer sense of how your case will look if you present it in court.
Know which legal strategy is right for you
Don’t let yourself be duped into accepting a settlement that’s disadvantageous to you and your future. To avoid that outcome, you should take a holistic approach to your case, not only gathering evidence and crafting legal arguments to support a finding of liability and the extent of your damages but also to anticipate and fight back against aggressive defenses.
Once you have your legal strategy down, you’ll be able to better gauge in which direction you should drive you case. That way, you can take comfort in knowing that you’re doing everything you can to obtain the best outcome possible according to the facts. An attorney who has a track record of success in these matters may be able to help you reach that outcome.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2549932023-01-10T19:54:25Z2023-01-04T15:19:38Zseek accountability and compensation from the negligent driver who caused your accident. But if you’re contemplating legal action, you might be wondering what you should be doing to preserve your claim. There are steps that you can take now to start building your claim. Let’s take a look at some of them here:
Obtain a police report: Your accident likely resulted in a police report being generated, which can be helpful since it’ll probably have witness statements and an opinion as to fault. It’s a good starting point that can give you direction as to where else to turn for beneficial evidence.
Talk to witnesses: Once you’ve identified witnesses, make sure that you talk to them so that you know what they saw and what they can attest to. Some of these witnesses may help strengthen your case, while others either won’t be helpful or they may even be harmful to your case if they indicate that they observed you doing something that contributed to the accident. Either way, you need to know what these witnesses are going to say if they’re called to testify.
Follow your doctor’s recommendations: The whole point of your personal injury case is to recover compensation for your damages. You should listen to your doctor’s recommendations, otherwise, it’s going to be difficult to prove the extent of your damages. Foregoing treatment can also give the impression that your injuries aren’t as bad as you claim them to be.
Speak to experts: Proving your anticipated damages is a tricky part of your personal injury case. But experts in the medical field and your field of occupation may be able to provide valuable insight into how your accident injuries have affected your need for treatment and your ability to maintain and advance in your career.
Keep a journal: Non-economic damages such as pain and suffering and loss of enjoyment of life can be a grueling reality after a serious car accident, and you deserve to be compensated for that harm. But proving these aspects of your case can be difficult. By keeping a journal of how your injuries have impacted your life, you can paint a clearer picture of how your life has changed since being injured.
Seek support: You’re going through a trying time in the aftermath of your wreck. You shouldn’t have to face it alone. That’s why you might be able to approach your legal matters in a healthier fashion if you seek out support from family, friends and mental health professionals.
Are you ready to fight for what you deserve?
The steps discussed above may seem daunting to you, especially once you realize that they’re just a fraction of the actions that need to be taken in a personal injury case. But don’t stress yourself out over them.
An attorney who knows how to competently navigate these claims can help you gather the evidence you need to support your claim and craft the persuasive legal arguments that are necessary to give you a chance of recovering the compensation that you need. Hopefully, you can secure the accountability and financial stability that you need to get past this dark time and move on to better days ahead.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2549882022-12-03T22:57:29Z2022-12-03T22:57:29Zcar accident data nationwide and ranked each state in five indicators of traffic safety. Overall, Rhode Island ranks as the 32nd most dangerous state for accidents, putting us above average. The study called Montana and South Carolina the two most dangerous states in which to drive.
Half of traffic deaths caused by this
But in one subcategory, Rhode Island fared very poorly. The study found that 49 percent of fatal car accidents in the state were caused by drunk driving. Only Montana (51 percent), which allowed open containers of alcohol in vehicles until 2005, had a worse percentage. In theory, this means that traffic deaths on Rhode Island's highways would drop in half if drunk driving were eliminated.
Driving under the influence is against the law for a reason. Alcohol impairs judgment, slows the reflexes and dulls the senses. Drunk drivers are more likely to cause car wrecks than sober motorists. And, as we already saw, the consequences of a DUI car accident can be horrific and tragic.
Dangerous driving is unacceptable
Of course, any negligent behavior that leads to an auto accident is unacceptable. If you get hurt in a wreck that was not your fault, there is a good chance that the other driver was to blame. Rhode Island law lets car accident victims seek compensation from the responsible driver and other liable parties.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2549852022-11-15T13:09:15Z2022-10-31T13:44:13Zpersonal injury lawsuit might help you obtain financial stability and recover the compensation that you need, you probably have a lot of questions about the process. This includes questions about basic information, such as how long it takes for a personal injury claim to resolve.
How long does it take to resolve a personal injury case?
The answer to this question depends on a lot of factors. The strength of your case, the quality of your witnesses, the existence of comparative negligence and the complexities of the facts can all impact how long it will take your case to pan out. With that said, a lot of cases end up settling or resulting in a judgment within six months to a year of the filing of your complaint. It’s important to note, too, that under Rhode Island law, you only have three years to file your personal injury claim. So, time is certainly of the essence.
How can you speed up the resolution of your lawsuit?
In some instances, you may be able to speed up the process so that you can find resolution in just a few weeks or months after your wreck. To do that, though, you’ll need to demonstrate the strength of your case. This includes:
Having witness accounts ready: Early on in your case, you should talk to witnesses and get their statements. That way, you’re armed with their accounts as you seek to settle your claim.
Contacting experts: If your case is going to be complicated, you might need some experts on your team. It might take a while for these individuals to review your case, so make sure that you’re identifying them and reaching out to them in the early stages of your case.
Avoid unnecessary delays: Given that the law allows you three years to file your personal injury claim, it can be easy to put it off. But the sooner you’re able to take action the sooner you might be able to recover the compensation that you need. Therefore, as soon as possible after your accident, you might want to start building your case and figuring out when to file your claim.
Retaining an attorney: Some people who are injured in an accident forego legal representation because they think that it’s too costly. But this might just lead to the other side pushing you around, delaying settlement talks, and moving the process out as far as possible. If you have an attorney on your side, you’ll have an ally on your side who can help you push your case toward resolution on a timeline that’s right for you. These attorneys may not be as expensive as you think, too.
Stand up to obtain the outcome you deserve
If you want to find accountability and recover the compensation that you need, you need to be proactive in pursuing your case. By doing so, you might be able to reduce the amount of time needed to recover the financial resources necessary to provide you with financial stability and further your recovery. If you’d like to learn more about what you can do to effectively pursue your case, now is the time to reach out to an attorney to learn more about the process.]]>On Behalf of The Law Offices of Joseph Lamyhttps://www.josephlamy.com/?p=2549832022-09-28T18:49:42Z2022-09-26T17:09:29ZHow you can help support a loved one who has suffered a traumatic brain injury
If your loved one has suffered a traumatic brain injury, then you probably have an understanding about the challenges these victims face. But you, too, might feel hopeless, wishing that you could help but not knowing how. There are things that you can do to support your loved one. Here are some of them:
Practice patience: You’re probably going to face a lot of frustration as you help your loved one in their traumatic brain injury recovery. You might feel like you have to repeat yourself multiple times and you might become impatient at your loved one’s inability to complete simple tasks. But keep in mind that your loved one is probably just as frustrated, if not more so. It may be helpful to educate yourself about your loved one’s brain injury so that you have a full understanding of his or her limitations and better know what to expect from the recovery process.
Validate your loved one’s feelings: As your loved one progresses through his or her recovery, there may be times that you feel like their emotional response or their lack of energy isn’t justified. Oftentimes this is viewed as the brain injury sufferer lacking motivation. But the injury itself and the recovery process is trying. So, be as understanding as possible and recognize that your loved one’s feelings, whatever they are, are warranted and need to be handled properly.
Help establish a routine: Routine is powerful. It can reduce stress and help your loved one focus on a few daily tasks that he or she can master, which will increase motivation and satisfaction. Help your loved one think through what his or her daily routine could look like.
Give positive reinforcement: Accomplishing even the smallest of tasks can be a big accomplishment for a traumatic brain injury sufferer. Providing positive feedback to your loved one can help them feel supported and motivate them to continue their efforts toward a fuller recovery.
Stick with it: Working with a traumatic brain injury sufferer can be emotionally and physically exhausting. But even when you don’t feel like it, know that you’re making a difference in your loved one’s life. With that in mind, even when things get hard, don’t give up assisting your loved one with his or her recovery.
Helping your loved one find legal support
There are all kinds of help out there for you and your loved one. Support groups, mental health professionals, and medical providers who are experts in traumatic brain injury can all be helpful. But so, too, can a legal professional, especially if your loved one’s injury was caused by someone else’s negligence.]]>