Understanding personal injury claims

If you believe that your accident and injury was caused by the negligence of another person, there is good reason for you to begin exploring what compensation may be available to you by filing a personal injury claim. Personal injury claims that are based on allegations of negligence will need to be able to demonstrate that the following are true:

  • A duty existed—i.e. not to operate a vehicle while intoxicated;
  • That this duty was disregarded—i.e. the responsible party did drive while intoxicated;
  • That an accident was caused by this disregard for duty—i.e. the accident was the result of the responsible party being intoxicated;
  • This disregard of the duty caused actual harm—i.e. you or a loved one was hurt by the intoxicated driver.

If you or a loved one was hurt in an accident that was caused by the negligence of someone else, you should consult with a Rhode Island personal injury attorney at the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., about the legal rights and options available to you at this difficult time. To speak with an experienced and caring personal injury attorney in Rhode Island about the particulars of your situation, please call our offices at (401) 751-8855 today.

Rhode Island Attorney Discusses the Dangers of Asbestos

Rhode Island Attorney Discusses the Dangers of AsbestosMost people know the Dangers of Asbestos now. Unfortunately, until 1989, many people worked around asbestos and were unaware of the life threatening risks that asbestos exposure causes. Asbestos was originally thought to be safe, but it has now been proven that asbestos can cause diseases such as mesothelioma, lung cancer, pulmonary fibrosis, and asbestosis. Unfortunately, every year thousands of people suffer from diseases related to direct, household or bystander asbestos exposure.

  • None of the asbestos related diseases are curable, and most of the diseases are fatal.
  • Exposure to asbestos has been associated with several potentially fatal illnesses, the most serious of which is malignant mesothelioma.
  • Mesothelioma may not occur for many years after initial exposure, however, once it occurs it is a very aggressive form of cancer.
  • Mesothelioma is always attributed to asbestos exposure.
  • Until 1989, asbestos was used in many industrial and construction products such as roofing shingles, millboard, paints, floor tiles, pipes and furnace insulation materials.

The United States began to ban asbestos in certain products. Asbestos is still used in products available in the United States such building materials and heat resistant products. Construction workers and utility workers have the type of jobs that usually expose people to airborne asbestos particles on the job, and are the employees most likely to develop mesothelioma. Family members of asbestos workers can also inhale the fibers and develop these illnesses as well. To protect workers and the public from harmful exposures, the EPA and the Rhode Island Department of Health enforce strict regulations on any activities involving asbestos.

If you or someone you love has been diagnosed with mesothelioma, our Rhode Island Attorney can assist you to explore your legal options and determine if you have grounds to file a lawsuit. Our Rhode Island Law Firm and team of experienced mesothelioma lawyers are extremely knowledgeable about asbestos and mesothelioma. You’ll find the help you need at the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., where we have been successfully representing people in personal injury cases for more than forty years.

Our Personal Injury Lawyers have all been designated as “Super Lawyers” or “Rising Stars” by Super Lawyers Magazine. Ronald J. Resmini has earned the highest possible rating from Martindale-Hubbell and is a member of the Million Dollar Advocates Forum. We have won millions of dollars in successful verdicts and settlements for our clients. We are a top-notch Rhode Island Law Firm that knows how to defend complicated cases such as Asbestos Exposure & Mesothelioma. Call the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. today to schedule your free consultation with a Rhode Island Attorney. Pick up the phone and call us now at (401) 751.8855.

Duty Owed by Automobile Operator To Guest and Degrees of Negligence

Rhode Island has no automobile “guest statue,” nor does it subscribe to the doctrine of degrees of negligence. Therefore, “a driver owes his guest the same duty of ordinary care that he owes to any other person. When a driver deviates from the standard of careful operation of his vehicle…any victims of such improper operation (may) recover for their injuries.” The contributory negligence of an automobile owner or operator may not be imputed to a guest riding in the automobile.

In simple terms this refers to the right of a passenger in a vehicle to “recover” from any injuries incurred through the negligence on the part of the driver of the vehicle.

See Chapter 2 Section 93 in Tort Law and Personal Injury Practice, Volume 1 by Ronald J Resmini, Esquire, Providence R.I.

NYC Ferry Accident compared to 2008 Block Island Ferry Accident in RI

The ferry accident in NYC this past week, thankfully resulted in no fatalities, but did leave several people with serious bodily injuries and possible emotional scarring. The accident left many people wondering who will be held responsible and accountable for personal injuries sustained from the crash. With this type of accident, injuries, often to the head, back and neck can linger for a lifetime and cause a multitude of problems. As a practicing personal injury attorney in Providence, RI, and from working with leading lawyers in the field everyday, I have some thoughts on the topic regarding the potential for a lawsuit.

First, there are a few issues the owner of the boat company will encounter. If this was human error, the negligence will be imputed to the company. Possible product liability action against the company who added the steering system on the vessel. The crew complained of these issues with it being difficult to steer the vessel. Potentially the maintenance company who stores and services the vessel to be seaworthy. Laws of maritime will apply as this was an incident at sea and the typical rules of the road will apply here. State specific laws also apply. For example, in 2008 there was an accident between a Block Island ferry and a Coast Guard cutter in Rhode Island waters. The ferry crash was investigated by the NTSB and according to the NTSB findings were finalized in the Spring of 2011 and a lawsuit was filed by a Westerly resident, Shawn Causgrove. Causgrove sued the Interstate Navigation over the injuries sustained in the Block Island motor vessel crash. The difference between these crashes though is in where they occurred.

I am licensed to practice in Rhode Island and not a New York lawyer, but I do believe in New York, serious injury needs to occur in order to bring a claim, unlike laws in my States of Rhode Island and Massachusetts. In the end, injuries have a way of creeping up on people over time and some people feel the effects and experience symptoms more quickly than others. In any case, if you are involved in some form of accident, that may or may not result in personal injury, please seek medical attention immediately, as some people don’t always feel the effects of a personal injury right away. It is better to be safe than sorry. See a medical professional to get checked out. If your doctor does discover any form of personal injury, document everything and speak with an experienced personal injury attorney as soon as possible.

Written By: Ronald J. Resmini

Last Updated : Tuesday, September 1, 2020