Rhode Island Personal Injury
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.
Contact
a Rhode Island Personal Injury Attorney – 401-861-1155 or CLICK
HERE
Personal
Injury Attorneys - Statistics
• On
average, 11,200 disabling accidental injuries
take place every hour each year.
•
Falls are the most common accident at construction
sites.
•
Each year, nearly 11,000 Americans suffer a traumatic
spinal cord injury. Many of them suffer permanent
disabilities.
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.
Common
causes of injuries include:
(Click on a topic below for more information)
• Medical Malpractice
• Defective Products
• Automobile Accidents
• Animal Bites
• Slip and Fall
• Workplace Injuries
• Catastrophic Injuries
• Torts
• Aviation Accidents
• Trucking Accidents
• Motorcycle Accidents
• Boat Accidents
• Nursing Home Abuse
• Defamation
Medical
Malpractice Attorney
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.
Contact
a Rhode Island Medical Malpractice Attorney – 401-861-1155 or CLICK
HERE
In order
for a medical malpractice suit to be valid, certain
criteria must be met. The following should be
proven:
•
The health care professional owed the patient
a legal duty.
•
Said duty was broken, where the professional did
not abide by the required standards.
•
An injury was caused due to the breach of duty.
•
This injury caused damages to the victim (monetary,
physical, emotional, etc.)
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.
What
are Traumatic Brain Injuries?
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:
•
Surgical Errors
•
Failure to diagnose
•
Medical Misdiagnosis
•
Dental malpractice
•
Prescription Errors
•
Anesthesia Errors
Contact a Rhode Island Medical Malpractice
Attorney – 401-861-1155 or CLICK
HERE
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Strict
Product Liability
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).
Contact
a Rhode Island Product Liability Attorney – 401-861-1155 or CLICK
HERE
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:
•
Design defects - They are inherent; they exist
before the product is manufactured. While the
item might serve its purpose well, it can be unreasonably
dangerous to use due to a design flaw.
•
Manufacturing defects - Occur during the construction
or production of the item. Only a few out of many
products of the same type are flawed in this case.
•
Defects in marketing - Deal with improper instructions
and failures to warn consumers of latent dangers
in the product.
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.
Contact
a Rhode Island Product Liability Attorney – 401-861-1155 or CLICK
HERE
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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
do to the many factors an auto accident can involve.
Contact
a Rhode Island Car Accident Attorney – 401-861-1155 or CLICK
HERE
Many causes of car accident collisions are due
to:
•
drunk driving
•
drowsiness
•
negligence
•
distractions
•
cell phone misuse
•
aggressive driving
•
poor road conditions
•
mechanical failure
•
speeding
One major
car accident injury causing distraction from above
is 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.
Contact
a Rhode Island Car Accident Attorney – 401-861-1155 or CLICK
HERE
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:
•
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 Rhode Island Accident lawyer Joshua
Macktaz to investigate your case to the fullest.
Contact
a Rhode Island Car Accident Attorney – 401-861-1155 or CLICK
HERE
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Dog
Attack Victims - Dog Bite Lawyer
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.
Contact
a Rhode Island Dog Bite Victim Attorney – 401-861-1155 or CLICK
HERE
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:
It applies
not only to owners but to anyone who is a "keeper"
of the dog.
Any injury brings the incident within the coverage
of the law, whether or not a bite.
The victim can be a human, a dog or other domestic
animal, or a sheep, lamb, cattle, horse, hog,
swine or fowl.
After the first bite, a dog owner or keeper is
liable for double damages if and when the same
dog attacks again.
When the statute does not apply, a dog owner,
harborer or keeper still can be responsible for
being negligent or breaking a law, such as a leash
law, or for intentional conduct that causes the
dog to bite.
Here are
a few dog attack victims topics to discuss with
your dog bite lawyer:
•
What to do immediately after the attack
•
Legal rights of a dog bite victim
•
Legal rights of a rescuer
•
Should parents get a lawyer for their injured
child?
•
The "one bite rule"
•
Bodily and emotional injuries
•
Free surgery for children disfigured by dogs
•
How injuries are given dollar values
•
Structured settlements
•
Injuries in dog parks
•
Electric fences
•
Landlords' rights and liabilities
•
Homeowner Associations' liability for dog bites
•
Humane society as a defendant
•
Police dogs and civil rights
•
Beware of the "statute of limitations"
•
Dangerous and vicious dogs
•
Criminal penalties for a dog bite
Contact
a Rhode Island Dog Attack Victim Attorney – 401-861-1155 or CLICK
HERE
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Wrongful
Death Lawyers
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.
Contact
a Rhode Island Wrongful Death Attorney – 401-861-1155 or CLICK
HERE
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:
•
Automobile / Vehicular Accidents
•
Negligence
•
Personal Injury Accidents
•
Workplace Accidents
•
Dangerous or Defective Products
•
Fire
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.
Contact
a Rhode Island Wrongful Death Attorney – 401-861-1155 or CLICK
HERE
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Slip
and Fall Injury Attorneys
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.
Contact
a Rhode Island Slip and Fall Attorney – 401-861-1155 or CLICK
HERE
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:
• Trip-and-fall
accidents, where there is a foreign object
in the walking path.
• Stump-and-fall
accidents, where there is an impediment
in the walking surface.
• Step-and-fall
accidents, where there is an unexpected
failure or hole in the walking surface.
• Slip-and-fall
accidents, in which the interface of
the shoe and the floor fails.
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.
Contact
a Rhode Island Slip and Fall Attorney – 401-861-1155 or CLICK
HERE
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Work
Injury Lawyers - Workers Comp Claim Settlement
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.
Contact
a Rhode Island Workers Comp Attorney – 401-861-1155 or CLICK
HERE
Types of
Workers Compensation Acts enacted by Congress:
•
Federal Employment Liability Act (FELA)
•
Federal Jones Act
•
Longshore and Harbor Worker Compensation Act (LHWCA)
•
Black Lung Benefit Act
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
How
do I file a workers' compensation claim?
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.
What
is Workers' Compensation?
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.
Who
is covered under workers' compensation insurance?
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.
Who
can collect workers' compensation benefits?
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.
Contact
a Rhode Island Work Place Injury Attorney – 401-861-1155 or CLICK
HERE
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Catastrophic
Injury
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.
Contact
a Rhode Island Catastrophic Injury Attorney – 401-861-1155 or CLICK
HERE
Types of
Injuries that could be considered catastrophic
include the following:
•
Serious Head Trauma
•
Eye Injury
•
Shoulder Injury
•
Foot Injury
•
Neurological Disorders
•
Brain Injury
•
Spinal Cord Injury
•
Severe Burns
•
Accidental Amputation
•
Multiple Bone Fractures
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.
Contact
a Rhode Island Catastrophic Injury Attorney – 401-861-1155 or CLICK
HERE
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Tort
Lawyer & Intentional Tort Law
Hiring
a Tort Lawyer
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.
Contact
a Rhode Island Tort Attorney – 401-861-1155 or CLICK
HERE
Torts fall
into three general categories:
•
Intentional torts (e.g., intentionally hitting
a person)
•
Negligent torts (causing an accident by failing
to obey traffic rules)
•
Strict liability torts (e.g., liability for making
and selling defective products).
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.
Contact
a Rhode Island Tort Attorney – 401-861-1155 or CLICK
HERE
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Plane
Crash and Aviation Injuries
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.
Contact
a Rhode Island Plane Crash Attorney – 401-861-1155 or CLICK
HERE
Common
reasons for Aviation Accidents include:
•
Pilot Intoxication
•
Small Plane Crash due to icing conditions
•
Maintenance Failure
•
Violating FAA Regulations
•
Structural Design Problems
•
Defective Plane Parts
•
Flight Employee Negligence
•
Aircraft Fueling Negligence
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.
Contact
a Rhode Island Aviation Accident Attorney – 401-861-1155 or CLICK
HERE
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Truck
Injury Attorneys - Truck Wreck
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.
Contact
a Rhode Island Truck Injury Attorney – 401-861-1155 or CLICK
HERE
Following
are common causes of truck accidents:
•
DUI
•
DWI
•
Driver Fatigue
•
Truck Overturns
•
Backing
•
Vehicle Collisions
•
Transporting Equipment with Trailers
•
Overloaded Trucks or Trailers
•
Loads That Shift Weight
•
Semi trucks jacknife in traffic
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.
Contact
a Rhode Island Truck Wreck Attorney – 401-861-1155 or CLICK
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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.
Contact
a Rhode Island Motorcycle Injury Attorney – 401-861-1155 or CLICK
HERE
Motorcycle
accidents can be caused by:
•
Drunk driving
•
Aggressive driving
•
Poor road conditions
•
Traffic congestion
•
Disregard of driving laws right of way
•
Motorcycle signaling error
•
Auto car driver negligence
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.
Contact
a Rhode Island Motorcycle Accident Attorney – 401-861-1155 or CLICK
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Boating
Accidents and Cruise Ship Accident
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.
2006
US Boating Statistics:
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).
Was
someone at fault in these accidents?
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.
Contact
a Rhode Island Boating Accident Attorney – 401-861-1155 or CLICK
HERE
Issues
related to a cruise ship injury and boating accidents:
•
Cruise ship virus
•
intoxicated boater (BWI)
•
Inexperienced boater
•
Malfunction of boat steering
•
Unsafe water waves
•
Disregarding speed zones
•
No wake zones violated
•
Boater negligence
•
Boat lights not working
•
Signal horn disregarded
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.
Contact
a Rhode Island Boating Accident Attorney – 401-861-1155 or CLICK
HERE
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Nursing
Home Abuse
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.
Contact
a Rhode Island Nursing Home Abuse Attorney – 401-861-1155 or CLICK
HERE
Some common
types of neglect that our local nursing home abuse
attorneys handle:
•
Lack of proper nutrition and dehydration
•
Physical abuse of the resident
•
Elopement
•
Over medicating resident
•
Verbal humiliation
•
Emotional exploitation
•
Bedsores due to lack of attention of residents
in bed
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.
Contact
a Rhode Island Nursing Home Abuse Attorney – 401-861-1155 or CLICK
HERE
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Slander
Defamation Lawsuit Libel
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.
Contact
a Rhode Island Libel and Defamation Attorney – 401-861-1155 or CLICK
HERE
Common
types of defamatory statements are the following:
• Statements
which make a claim about whether a person has
committed a crime.
•
Statements which impute the presence of an infectious
or loathsome disease.
•
Statements which injure a person with respect
to his office, trade or business.
•
Statements which impute some lack of moral dignity.
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
Contact
a Rhode Island Slander and Defamation
Attorney – 401-861-1155 or CLICK
HERE
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice. |
