Rhode Island Personal Injury Law FAQS and Automobile - Car Accidents - by a RI Lawyer - Attorney3

By: David Slepkow
The insurance company will usually reply to the letter with either an offer to settle the case or a denial of liability. If the insurance company is denying liability in the personal injury case and refusing to pay anything, then the attorney will have no choice but to file a lawsuit to seek damages. In the event that a settlement offer is made to the attorney, there usually will be a period of negotiation to see if the parties can agree to a settlement amount.

If the parties cannot agree to a settlement amount, it may be necessary to file a personal injury/ negligence law suit in either any of the Rhode Island District Courts or Rhode Island Superior Court. In Rhode Island (RI), most personal injury, automobile accident, premises liability and slip and fall cases are handled in Rhode Island Superior Court because matters over $10,000.00 in Rhode Island must be heard in Superior Court.

Question: My Rhode Island personal injury attorney is unable to settle my car accident case with the insurance adjuster, then what happens next?

Answer: If the attorney is unable to settle the case with the insurance adjuster, then it is necessary to file a lawsuit in court. The process of a Rhode Island personal injury civil lawsuit can take up to a few years to resolve. Your lawyer will file a complaint in court alleging negligence or other causes of action asking the court to award you damages. After the complaint is filed, the insurance company will typically hire an attorney to represent their insured. The insurance company’s lawyer will file an answer to the case.

After the complaint and answer are filed, there is usually a discovery period. The parties can send interrogatories to each other which are written questions that the other party must answer. The parties can also take depositions of witnesses which is when the other lawyer asks you questions about the case in front of a stenographer. After the discovery period, there may be a motion to dismiss or motions for summary judgment that are filed by either of the parties.

If the case is not dismissed or summarily decided, then the case will proceed to trial. The average amount of time for a law suit in Rhode Island is about two years, although the amount of time for the law suit could vary depending on how complex the case is, availability of witnesses, and the amount of cases on the docket.

Question: How do I obtain evidence of my personal injury in Rhode Island?

Answer: Please take photographs of all injuries including , but not limited to, cuts, bruises and broken bones. Do not wait too long after the accident. Please do the best that you can to obtain the witness names, addresses, phone numbers, and other information to give to your Rhode Island personal injury attorney. Please keep records of your out-of-pocket expenses for your medical bills, lost wages and other expenses incurred such as medication and medical accessories. You need to keep accurate records because you will need to provide them to the insurance company. If your injury was caused by a whiplash injury caused by a rear end accident you may need to hire an expert to testify on your behalf as to the seriousness of upper and lower back injuries caused by whiplash.

Rhode Island Personal Injury, automobile accident, slip and fall and premises liability law lawyer, David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island.David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless successful. David Slepkow is a member of the Rhode Island Trial Lawyers Association. You can contact David Slepkow at http://www.slepkowlaw.com or by calling him at 401-437-1100.

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