Rhode Island Lawyer, David Slepkow

If you have suffered damages or injury in a Rhode Island vehicle accident that was not your fault, you will likely file a claim with the responsible party’s insurance carrier. However, in some cases, the other driver was either under-insured or uninsured. While this might seem financially devastating, there is likely a solution through your own automobile insurance policy. You can probably file a claim with your own auto insurance company under a provision that covers you against uninsured motorists.

In all likelihood, your RI auto insurance policy has two specific provisions to cover you when other drivers have no insurance coverage or insufficient coverage. These provisions will provide you financial compensation for any bodily injury and/or property damage you suffered in the Providence vehicle accident.

Uninsured Motorist Coverage

You are likely required to carry uninsured motorist coverage in the event that the driver responsible for causing your vehicle accident is not insured. Their lack of insurance is usually determined at the time of the accident, when the law enforcement officer is investigating the collision, gathering evidence and obtaining eyewitness accounts.

The Value of the Claim

Like any other claim for financial compensation, the insurance adjuster will likely offer an amount significantly lower than the value of your Rhode Island uninsured motorist claim. This is because the adjuster is trained to settle claims offering the least amount of compensation possible. Paying out the true value of the claim decreases the insurance carrier’s profitability.

As a result, it is a wise decision to hire a Rhode Island personal injury attorney specializing in uninsured motorist claims in RI. This is because the East providence car accident lawyer will use proven methods to determine the value of your claim to ensure you receive adequate compensation for your injuries and damages. The RI Personal injury lawyer will consider a variety of factors to determine the case’s value including:

• Is your primary injury temporary or permanent?
• Do you have single or multiple injuries?
• Did you suffer head injuries or brain trauma in the accident, which could cause neurological problems in the future?
• Have the injuries from the accident caused you debilitation or limit your ability to perform daily activities?
• Are you experiencing intense discomfort and pain due to your injuries?
• Do you have extensive ongoing medical expenses?
• Have you lost time at work and/or will in the future because of your accident injury?
• Where you visibly disfigured in the accident by burns or scars?

A skilled Providence uninsured motorist injury attorney will build the case to help you receive maximum recovery based on the limits of your policy. In addition, RI personal injury attorneys have extensive skills to maximize your compensation when negotiating with the claims adjuster for an out-of-court settlement or taking the case to trial in front of a judge and jury.

A skilled Rhode Island Accident lawyer can ensure that your own auto insurance company does not breach their contract to cover you for an uninsured motorist accident. Most RI Auto Accident attorneys will offer to take the case on contingency, avoiding the need for you to pay upfront fees.

In spite of the requirement in nearly all states including Rhode island and Massachusetts, millions of people still drive without insurance. According to the Insurance Research Council, the states with the highest numbers of uninsured motorist are California with approximately 4.1 million uninsured drivers, Florida with 3.2 million, and Texas with 1.6 million. Nearly 13 percent of all motorists are uninsured. That’s about 1 in 8. The following information describes the high cost of uninsured motorists, why so many are uninsured, and the legal problems associated with uninsured drivers.

The high cost of  an uninsured motorist

The Pew Charitable Trusts states that costs for uninsured motorists totaled $2.6 billion in 2012. These costs, while primarily covered by insurance companies, are generally passed on to drivers who pay for insurance. These costs translate into higher premiums for other drivers. States  including RI and MA have a variety of laws and procedures in place to deal with the high costs of uninsured drivers. However, many states do not have the resources to implement mandates and penalties. In some cases the bureaucracy involved in implementing penalties results in errors and computer glitches. Sometimes even law-abiding drivers get flagged and penalized unfairly.

Reasons for Uninsured Drivers

Staticbrain.com lists the demographics regarding uninsured drivers. Most are males in the 18 to 24 age bracket. They are also likely to earn less than $20,000 annually. With a struggling economy it’s easy to see why many people aren’t purchasing car insurance. Paying for premiums is one of the main reasons people don’t have auto insurance. A vehicle that is not in operating condition or one that is rarely used are other reasons people neglect to purchase insurance. According to AutoInsurance.org, from a statistical perspective, if there are 5.5 million car accidents each year, 770,000 are caused by uninsured drivers.

What Can You Do If You’re Involved in This Type of Accident in Rhode Island?

If you’re in an accident caused by an uninsured driver there are generally two options available. Drivers can bring a lawsuit against the uninsured motorists for damages or they can file a claim with their own insurance company for uninsured motorists benefits (if they have such coverage). It’s often recommended to hire a  Rhode Island personal injury attorney  who is also a RI uninsured motorist injury  claim accident lawyer when an individual has been injured because of an uninsured driver. Because laws vary from state to state and insurance companies are not always cooperative, hiring an experienced RI car accident  lawyer may be the best chance of receiving compensation.

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

A hernia is a medical condition that has minimal complications if treated in the right manner.  The vast majority of hernia mesh victims suffering through revision surgeries and or hernia mesh complications are victims as a result of defective hernia mesh devices.  However, some hernia mesh victims  suffered complications caused by medical malpractice. Unfortunately, some doctors fail to carry out due diligence and are guilty of medical malpractice when handling patients, leading to serious complications. A hernia mesh lawsuit statute of limitations is one of the most important concepts for a victim to learn about before filing a hernia mesh lawsuit.In order to obtain a hernia mesh settlement, you need to retain a top hernia mesh lawyer.

Hernia mesh settlement amounts

In many cases complications are caused by defective hernia mesh devices.  Any device used on a patient must meet pre-market testing conditions. Patients who develop complications from any faulty hernia mesh device have the right to file a lawsuit against the manufacturer of the defective hernia mesh device. Here are the top five legal mistakes you need to avoid as a hernia mesh victim. https://www.kugelherniameshclassaction.com/hernia-mesh-migration/

Waiting Too Long to File a  defective hernia mesh Claim | hernia mesh lawsuit statute of limitations

It is better to file defective  hernia medical device claims as soon as possible. It may take years after you file an individual hernia mesh claim for compensation. There is no reason to add additional time to get the settlement you are entitled to. Furthermore, a defective hernia mesh manufacturer may offer a settlement  to pending hernia mesh claims only. Also a device manufacturer may go bankrupt after paying settlements or judgments to some victims. The worst mistake a mesh victim could make is missing the applicable hernia mesh lawsuit statute of limitations.

Medical malpractice hernia mesh lawsuit, statute of limitations

In case of medical malpractice victims, some hernia mesh victims wait up to five years to file a claim against the medical profession who attended to them. Waiting for too long is disastrous since there is a statute of limitations that must be followed in any medical malpractice case. Most states have statute of limitations which require hernia mesh victims to file a  med mal claim within  either two years  or three years after the incident. Failure to adhere to this timeline will render your claim baseless, even if you have a winning case. Some states like Tennessee and Louisiana allow a maximum of one year.

Hiring the Wrong Hernia Mesh Lawyer

If you are filing an individual hernia mesh claim using a hernia mesh attorney, it is crucial that you steer clear of local lawyers with small firms and limited budgets. The last thing you need is a local attorney not purchasing a deposition transcript so he can pay his electrical bill.

You need a lawyer to help argue your case in court and prove that indeed it was the doctor’s fault you developed complications from the hernia mesh. You need someone who has got what it takes to effectively present his arguments and deliver the desired results. Look for a  hernia mesh lawyer who has a lot of experience dealing with hernia mesh cases or other forms of medical malpractice. Make sure your medical malpractice attorney or product liability lawyer specializes only in medical malpractice or hernia mesh defective device lawsuits.

Someone who engages in other legal areas such as divorce, employment or criminal defense will not give your case the attention it deserves.

Settling Too Quickly | hernia mesh settlement

In the event that you have suffered complications from a defective hernia mesh, your hernia mesh attorneys will bring a lawsuit in federal court seeking compensations. It is not unusual for the corporate entity to throw some peanuts at all victims to make the problem go away. This is usually ranging in the tens of millions or over a hundreds million. This may seem like a lot of money for a settlement. However, the settlement may be woefully inadequate. This is because in many of these deals, each individual claimant gets peanuts and the lawyers walk away with millions.

You need to get a hernia mesh attorney who will stand up and refuse this miserly settlement.

Settling is a good way to solve a medical malpractice case or a defective hernia mesh claim. However, doing it too quickly might not give you the compensation you deserve. Avoid talking to the doctor’s representative or the hernia mesh defense litigation lawyer. Instead, direct them to your high powered mesh lawyer. Your Hernia mesh lawyer knows the amount you deserve to get based on the severity of your injuries, complications and other damages you suffered. He  or she will negotiate with them to ensure you get the right compensation.

Not Documenting Symptoms and Medical Treatments

You will have to prove that indeed you suffered serious injuries due to the defective and unsafe hernia mesh. Your lawyer will also need proof of your injuries and complications to enable him to plan your case effectively. Make sure you record all the symptoms you developed immediately after you started feeling unwell due to the mesh.

You can jot down the symptoms somewhere or ask the doctor to give you a copy of the list of the symptoms. You should also have a document indicating the medications you were given and the number of days you spent at the hospital after the incident.  Document carefully any hernia mesh  revision surgeries you have endured including the hospital and all surgeons involved. Do not give this document to anyone else apart from your Rhode Island hernia mesh lawyer.

Not Being an Informed Consumer | Hernia mesh settlement amounts

Everyone likes to research about a product and get people’s views before purchasing it. You should apply this principle when looking for a hospital or doctor to help with your hernia. Don’t just wake up one day and go the nearest hospital you find. Do some research on the doctor who will attend to you. Determine whether he is fully licensed to conduct such procedures. Check to see if his practice follows the relevant rules and standards.

Also,  if you need to pursue hernia mesh litigation, it is important to know the type of mesh that was surgically implanted into your body. Many hernia mesh devices cause hernia mesh pain years later.

“Based on FDA’s analysis of medical device adverse event reports and of peer-reviewed, scientific literature, the most common adverse events for all surgical repair of hernias—with or without mesh—are pain, infection, hernia recurrence, scar-like tissue that sticks tissues together (adhesion), blockage of the large or small intestine (obstruction), bleeding, abnormal connection between organs, vessels, or intestines (fistula), fluid build-up at the surgical site (seroma), and a hole in neighboring tissues or organs (perforation).

The most common adverse events following hernia repair with mesh are pain, infection, hernia recurrence, adhesion, and bowel obstruction. Some other potential adverse events that can occur following hernia repair with mesh are mesh migration and mesh shrinkage (contraction).

Many complications related to hernia repair with surgical mesh that have been reported to the FDA have been associated with recalled mesh products that are no longer on the market. Pain, infection, recurrence, adhesion, obstruction, and perforation are the most common complications associated with recalled mesh. In the FDA’s analysis of medical adverse event reports to the FDA, recalled mesh products were the main cause of bowel perforation and obstruction complications.” FDA https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/HerniaSurgicalMesh/default.htm

Car accidents involving uninsured motorists occur every day. Many states require that the person responsible for the accident compensate the injured person for damages. Unfortunately, many drivers do not carry sufficient liability insurance to cover those damages. Although it is against the law, other drivers choose not to carry any insurance.

Uninsured motorist claim

This is when uninsured and under-insured motorist coverage can help. When an at-fault driver carries no insurance or insufficient insurance, uninsured motorist coverage provides compensation to the victims. Individual drivers purchase uninsured motorist coverage from their own insurance company in addition to liability insurance. The type of uninsured motorist benefits varies depending upon the amount of insurance selected. Some states, including Rhode Island, allow for stacking of benefits. This occurs when a victim receives compensation from his or her own insurance company and receives some compensation from the insurance company of the at-fault driver. Under-insured motorist coverage provides a source of compensation to an injured party when the existing liability coverage of the at-fault driver does not fully cover damages. www.insurancelawhelp.com

Uninsured motorist claim attorneys

Many states, including Rhode Island, mandate insurance coverage for drivers. However, some drivers choose not to carry insurance. Insurance companies consider these drivers to be uninsured motorists. Some states define a hit and run driver who flees the scene without providing identifying information as an uninsured motorist. This allows the insurance companies to pay out claims on bodily injury. An under-insured motorist purchases the base minimum of coverage as mandated by law. However, the limits of that individual policy fail to pay for the total damage caused by an accident. For insurance purposes, insurance companies consider under-insured drivers to be uninsured drivers.

Uninsured motorist claim in Rhode Island

Uninsured motorist coverage pays for bodily injury losses to the injured driver and passengers when an accident occurs with an uninsured motorist. This type of additional coverage pays for medical expenses, lost wages, loss of earning capacity, pain and suffering, and other damages caused by the accident.

Frequently an uninsured driver has no employment, a low wage job, and no assets. Thus, no way exists to pay out claims for damage done in an accident. Uninsured motorist coverage provides for payment in those cases. If an uninsured motorist causes an accident with a driver who carries uninsured motorist coverage, that driver can pursue several options. He or she should contact a competent RI Personal Injury attorney that focuses on motor vehicle law. The driver can proceed with a claim against his or her own uninsured motorist coverage for damages, such as medical bills, lost wages, and pain and suffering.

“Uninsured and under-insured motorist coverage reimburses policyholders in an accident involving an uninsured, underinsured or hit-and-run driver. Twenty states and the District of Columbia have mandatory requirements for uninsured or underinsured motorist coverage. More than half of the states have passed laws and begun to develop and implement online auto insurance verification systems to identify uninsured motorists.

In 2015, 13.0 percent of motorists, or about one in eight drivers, was uninsured, according to a 2017 study (latest data available) by the Insurance Research Council (IRC). The percentage has been rising since it hit a record low of 12.3 in 2010. Florida had the highest percentage of uninsured motorists, 26.7 percent, and Maine had the lowest, 4.5 percent. IRC measures the number of uninsured motorists based on insurance claims, using a ratio of insurance claims made by people who were injured by uninsured drivers relative to the claims made by people who were injured by insured drivers.” Insurance information Statistics 

You have just been involved in a vehicular accident such as a car, truck or motorcycle crash accident and are suffering serious injuries caused by the negligence of another driver who has no insurance. (uninsured motorist) Now what? Exactly how are you going to pay your medical expenses, recoup money lost from time away from work and cover your damages and out of pocket expenses?

Maintaining automobile liability insurance coverage is compulsory in nearly every jurisdiction in the United States, including Rhode Island. However, despite state laws compelling the purchase of automobile insurance indemnity insurance, many drivers continue to operate their motor vehicles without it.

Compulsory Insurance Laws in Rhode Island

Accidents involving uninsured motorists are a serious problem in the United States. According to USA Today, one out of every seven drivers on the roadway is uninsured and many more are underinsured with inadequate coverage to satisfy their financial obligation to victims of a car accident they are responsible for. The number of Americans who have allowed their insurance coverage to lapse has increased dramatically over the last few years.

For the most part, many motorists driving without insurance has resulted from the economic downturn that has left so many Americans financially strapped. Other drivers choose to ignore the obligation to purchase insurance even though they have no financial ability to pay for property damage and personal injury that they caused in a car accident. Hit and run accident in Rhode Island are especially problematic.

State laws make it compulsory that every driver must maintain automobile insurance coverage as a way to ensure that innocent victims are protected in the event of a car, truck, van or motorcycle accident. Driving without insurance often brings with it heavy fines and, at times, a suspended or revoked driver’s license. This is because uninsured drivers lack any liability coverage that is necessary to pay victims for their medical bills, property damage or wrongful death when it can be proven that the accident was their fault.

Liability Insurance

Any motorist deemed at fault for a car accident is required to provide insurance for injuries and damages caused to others by their neglect or reckless behavior. Liability insurance provides coverage to victims by providing compensation for a variety of damages including:

• The expense of hospitalization, medical treatments, rehabilitation and physical therapies.
• Lost wages and the loss of ability to earn a living.
• The cost of property damage to replace or repair the victim’s items that were destroyed or damaged in the accident.
• Intangible costs including pain, suffering and mental anxiety.
• Wrongful death

RI Hit and Run accidents

Uninsured and underinsured motorists place a heavy financial burden on responsible drivers who choose to purchase compulsory liability insurance coverage. This is because in addition to buying regular liability insurance, drivers may be required to purchase uninsured motorist coverage as a part of their liability policy.

The uninsured motorist policy rider also provides coverage in the event that the injured party is a victim of a hit-and-run accident, where the driver at fault fled the scene. To receive this compensation, injured parties must file a claim with their own insurance company or the insurance company of the motorist who owns or operates the motor vehicle they were a passenger in. However, these types of uninsured motorist claims are complex and often require the extensive experience of a reputable Rhode Island personal injury attorney or Providence car cras attorneys who handle uninsured motorist accident cases in RI.

The Burden of Proof

In many situations, it is difficult to determine if the driver at fault for the accident had insurance or not. In many situations, insurance carriers are reluctant to pay all claims involving uninsured motorist. Hiring a Rhode Island uninsured motorist accident claims lawyer can help make the complicated legal process much easier.

A skilled RI auto accident attorney representing the victim can investigate the accident, collect evidence, gather eyewitness testimony and hire investigators and professional experts to build a solid case for compensation.USA

If you been involved in an uninsured vehicle  or trucking accident  in Rhode Island when driving a vehicle, riding a bicycle or as a pedestrian, do you know if you can receive financial compensation from the uninsured motorist? Unfortunately, many motorists drive their vehicles without auto insurance to cover an accident with injuries or fatalities caused by an uninsured or under-insured motorist.

Filing a Rhode Island and Providence Plantations cause of action against the uninsured individual who caused the  RI car accident usually provides little compensation to pay your medical bills, lost wages and damages or offer you compensation for your suffering and pain. However, there is a variety of solutions.

Uninsured motorist claims lawyer in Rhode Island

If an uninsured  truck, car or automobile driver struck your motor vehicle, you likely carry uninsured motorist (UM) coverage as a part of your automobile insurance policy. If it is a part of your coverage, you can file a claim for compensation against your own insurance carrier policy.  If you were injured as a result of a hit and run crash in Rhode Island where a motorist leaves the scene of the crash then it is automatically considered an uninsured motorist cuase of action. If you were riding as a passenger in a vehicle struck by an uninsured motorist, you might still be covered under a UM policy.

A person could be uninsured for a number of reasons including:(1) lapse of policy coverage for nonpayment of insurance premiums (2) the  motorist never had insurance (3) The motorist is an illegal immigrant lacking a license or insurance etc.

If you are riding a bicycle or walking as a pedestrian in Rhode Island and struck by an uninsured driver, your uninsured motorist policy may still provide you coverage even though you were not in your vehicle at the time. A RU uninsured motorist attorney can evaluate your case to offer effective solutions for obtaining compensation.

The Compensation You May Receive as a result of being hit by a hit and run driver or an uninsured motorist. The uninsured motorist coverage of an insurance policy in Rhode Island pays compensation when the driver at fault for the accident in Providence, Pawtucket, Central Falls or Woons0cket does not maintain insurance. The coverage provided by the plan pays for nearly all expenses that include:

• The cost of hospital care, ambulance transportation, paramedic assistance and medical bills including prescriptions, dental, MRIs and x-rays
• Compensation for lost wages, income and earnings
• Compensation for any lost earning capacity in the future because of a temporary or permanent disability caused by the accident
• Pain, suffering, mental anxiety and emotional distress
• Disfigurement or amputation
• Loss of enjoyment of typical daily activities because of the injury
(Uninsured motorist protection is very similar to under-insured motorist protection insurance coverage. Under insured coverage is needed if another motorist does not have enough insurance to compensate you for lost wages, medical bills, pain and suffering and diminished earning capacity as a result of the RI auto crash.) If you were involved in a automobile collision, motorcycle or tractor trailer with a motorist who does not have enough insurance to cover your damages and losses then you should contact a Rhode Island underinsured motorist claims personal injury lawyer.

What to do after a vehicular wreck

In the event that you are the victim of a a trucking or car accident  in Rhode Island caused by an uninsured motorist, it is essential to call law enforcement immediately. If any individual is suffering injuries, call an ambulance too. If the motorist is uninsured,  they sometimes flee the scene of the accident. Quickly jot down all information you have including the license plate, make model and color of the vehicle that hit you. Write down any description you have of the motorist and passengers inside the vehicle.

If the driver at fault for the accident stops, write down all contact information including their name and address. If possible, take a picture of the uninsured motorist’s vehicle along with photographs of the accident scene, skid marks, weather conditions, and any other struck object including guardrails, signage or other vehicles. In addition, collect the contact information of all eyewitnesses.

Obtaining Legal Representation in an auto accident 

Hiring a Rhode Island personal injury attorney who specializes in uninsured motorist claims can help. The  RI uninsured motorist claim lawyer can assist you coordinating all available evidence. The Providence law firm can draft the notification letter to the insurance carrier and structure a demand letter for financial compensation. The attorney will have skills in negotiating your settlement or building a case to take your lawsuit to  a negligence trial or arbitration.

A East Providence RI car accident attorney can ensure that you receive adequate compensation even if the driver is uninsured. By obtaining legal representation, the Woonsocket, Cranston or Warwick  lawyer will fight to protect your rights in the event that the insurance company is acting in bad faith by denying the claim or offering only minimal compensation. Typically, the Newport, Barrington or Bristol law firm offers a no obligation free initial consultation to discuss your case and provide you a variety of legal options for recompense.

“Uninsured / Under-insured Coverage is crucial in Rhode Island. Everyone should obtain Uninsured and Under insured Motorist Coverage! A Liability Policy covers third parties injured in an accident if you were at fault. Uninsured/ underinsured Motorist Coverage protects you and other occupants of your vehicle if another person negligently causes personal Injury.” Source

“This Uninsured Motorists study also estimated total uninsured motorist claim payments. Discounting fatalities and total permanent disability claims, the IRC estimates that $2.6 billion was paid in the U.S. on 2012 uninsured motorists claims. Despite the declining trend in uninsured rates over the last decade, the aforementioned total claim payment amount is up 75 percent over the last 10 years and translated to $14 per insured individual in 2012. “ Insurance research Councel ,  New Study Reveals a Declining Trend in the Percentage of Uninsured Motorists MALVERN, Pa.— Date: August 5, 2014  Contact: David Corum, CPCU 484-831-9046 corum@TheInstitutes.org Insurance research

“The key to every claim is a thorough investigation of the facts of the case. A claim denied before completing a thorough investigation can be evidence of the tort of bad faith. Uninsured Motorist (UM) and underinsured motorist (UIM) coverages place the insurer in the place of a third party that was uninsured, under insured, or unknown who allegedly caused injury to the insured. If the investigation shows the insured was liable for the accident (rather than the uninsured or underinsured motorist), then the insured cannot recover under a UM or UIM policy.” Property 

Nowadays, it is difficult to turn on the television and not see a commercial discussing complications from hernia mesh surgeries. While people hear about the infections and the need for follow-up procedures, there is little for people to relate to unless they have actually experienced these side effects themselves. Recently, stories have begun to emerge of some of the victims of defective hernia mesh and the costs that these side effects have exacted. Now that there are tangible stories out there,the use of synthetic hernia mesh for surgery is being reexamined. A British Olympian has gone public with his story of how complications from a hernia cost him five years of his career. Now, he wants the public to know of the dangers of this implant, which is not as trouble-free as its manufacturers warranted.

Many British victims in the United Kingdom (UK) and Great Britain are unaware that they can have an extended statute of limitations to file a  hernia mesh lawsuit against Bard Davol in the United States. The Statute of limitations for Bard/ Davol mesh lawsuit could potentially be over 20 years if the lawsuit is filed in the proper locale in the United States.

• Ventralex
• Perfix Plug
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Dai Greene is a Welsh track athlete who has won hurdles competitions. Greene represented his country in the 2012 Olympics that were held in London. The year after he competed in the London games, he began to experience the symptoms of a sports hernia. In fact, Greene had an inguinal hernia, which is generally a routine and common type of malady, and makes up the bulk of the hernia cases worldwide.

Doctors performed a hernia operation in which they implanted mesh that was made out of a synthetic material. Nearly all inguinal hernias result in the implantation of mesh, and it is generally a routine procedure. However, the surgery did not turn out to be as simple and pain- free as Greene was told. The athlete was promised that he would be back on the track within weeks and he was never warned of the possible side effects. However, he soon learned that was not to be due to problems that have often occurred with synthetic mesh. Instead, what was supposed to be a routine procedure turned into a five year ordeal.

Within weeks after the surgery. Greene began to experience intense pain. This was just the beginning of the long nightmare that he would endure. Even though Greene only had the mesh inside him for a short period of time, the mesh became frayed and entangled with his pelvic nerves. This caused Greene to feel extreme discomfort and kept him away from his sport. This is one of the common complications of hernia meshes. Sometimes, the mesh needs to be removed either due to infection or failure of the mesh.

However, removing the mesh may require several surgeries if it can even be extracted at all. In Greene’s case, it took two surgeries over several years to remove the mesh entirely. This resulted in the nerves having to be cut as well in order to fully remove the mesh. By this time, it was 2015 and his hernia was still not repaired. In the meantime, Greene was still experiencing some side effects, and he was not fully recuperated from his hernia. Because of the pain, he could not train and missed several more years of competition. For Greene, this cost him some of the prime years of his career along with multiple endorsement opportunities.

Before Greene’s hernia surgery, he was a top-flight runner. In 2011, Greene won a gold medal in the 400 meter hurdles at the World Athletics Championships. In 2018, however, he was practically starting from scratch at 31 years of age due to the multiple years of injuries that included his hernia complications. For Greene, despite the missed time, he has been able to return to some semblance of the form that won him all of the accolades in from 2010 to 2012. After his return to the track, he won a British title. Now, he is at least back competing at the top levels in the world, but he remains bitter over the years of his career that he lost due to defective
hernia mesh.

As a result of Greene’s injury and subsequent suffering, British Athletics has changed the way it allows its athletes to be treated. Now, British athletes are no longer allowed to have hernia surgery with mesh implants. Greene commends this decision since he does not want other athletes to suffer and lose parts of their career as he did.

The hurdler has gone public with his struggles because he wants to raise awareness of the life-changing problems that hernia mesh can cause. Greene hopes that patients will think twice before they elect to have surgery that uses this potentially dangerous product. He at least wants patients to be informed enough so that they can weigh the risks before choosing to have this surgery. Greene wants statistics about hernia mesh complications to be available to prospective patients.

Though the type of mesh that Greene received has not been reported, patients in the United Kingdom have experienced similar issues to those in the United States when it comes to hernia mesh. There have been hundreds of adverse event reports about hernia mesh complications to Great Britain’s regulator. Ethicon’s Physiomesh was also in use in Great Britain. This mesh, manufactured by Johnson and Johnson’s Ethicon, was pulled from the market in 2016 after studies revealed a higher rate of failure of this mesh. Now, the company is the defendant in thousands of personal injury lawsuits brought by patients who suffered injuries from their hernia
mesh surgery. Physiomesh was approved pursuant to a streamlined FDA process without the full amount of product testing before it was used in actual patients.

Stories such as Greene’s have begun to emerge of patients who have suffered debilitating and life-altering injuries from these mesh products. When it is mesh failure, infection or damage that the mesh does to surrounding organs, patients have required multiple surgeries and have seen their lives permanently changed for the worse. As a result, there has been a growing public focus on the use of hernia mesh. Although the rate of complications is not very high, the side effects are severe enough that patients are starting to reconsider whether it is worthwhile to have this surgery.

If you have experienced problems similar to Greene and have had your life changed by what was supposed to be simple surgery, you do have legal recourse against the company that made the defective hernia mesh. When you hire a hernia mesh lawsuit attorney, you can file a lawsuit that can put you in position to receive compensation that you deserve because of the harm that you have suffered.
Contact a hernia mesh lawyer today to find out how you can file this lawsuit in the proper time frame. You pay nothing unless you are successful in recovering money from the product manufacturer who designed and sold the defective mesh.

Many victims in the United Kingdom (UK) and Great Britain are unaware that they can have an extended statute of limitations to file a  hernia mesh lawsuit against Bard Davol in the United States. The Statute of limitations for Bard/ Davol mesh lawsuit could potentially be over 20 years if the lawsuit is filed in the proper locale in the United States.

A recent report from the federal judicial system has revealed that the number of lawsuits related to three of the major brands of hernia mesh is on the rise. Each of these multidistrict litigations has grown substantially bigger with more lawsuits expected to be filed in the coming months. The complications associated with this medical device has caused patients to need follow-up surgeries, often resulting in long-term health effects. Anyone who has had one of these meshes implanted as part of their hernia surgery and has experienced any complications should speak with a hernia mesh lawsuit attorney to learn of their legal rights.

MULTIDISTRICT HERNIA MESH LITIGATION

There are currently three major multidistrict litigations ongoing that are related to hernia surgeries. They are:

• Bard Hernia mesh lawsuits in the Southern District of Ohio (2,478 total cases as of July 2019)
• Ethicon Physiomesh lawsuits in the District Court for the Northern District of Georgia (2,167 total cases)
• Atrium C-Qur in federal court in New Hampshire (1,403 total cases)
• There is also a consolidated State Court lawsuit against Bard Davol pending in Rhode Island, Providence Superior Court. (over 1000 lawsuits)

Multidistrict litigation is a series of related cases that do not meet the requirements of a class action action. However, there are still some efficiencies for the courts and for the parties to the lawsuits if there are some common elements of the case in the judicial system.  In an MDL each victim has their own  hernia mesh lawyer  and is not required to accept any proposed settlement. The victim can reject a mesh settlement and pursue their own individual trial.  In an MDL, the cases are typically consolidated for discovery, settlement and pretrial motions.For example, the cost to have separate discovery for each of these cases is prohibitive so there is a common process.

The U.S. Judicial Panel on Multidistrict Litigation periodically releases statistics on the number of cases that are pending in court. The most recent report was issued in July 2019. The number of cases on the docket for each of these three types of litigation continues to remain steady. Even though Ethicon was pulled from the market years ago, the litigation surrounding the product is still in full swing. In addition to the multidistrict litigation, there are also numerous  individual hernia mesh cases pending in state courts.

COMPLICATIONS FROM HERNIA MESH

Hernia meshes have caused a variety of complications in those patients who have received them. These implants are intended to stabilize the surrounding area and allow healthy tissue to grow around it. In many cases, the hernia repair using mesh is successful, and the process does offer some advantages to traditional open incision hernia surgery. Namely, the recovery time from the surgery is shorter and the risk of recurrence is lower.

However, some of these benefits are negated by the dangers of hernia mesh. When the device fails, it can have serious short and long-term effects for the patients. These side effects include infection, bowel perforation, sepsis,hernia recurrence, adhesion to organs and the possibility that the device may fail. Further, the hernia mesh may migrate, and when it does, it may cause harm to the surrounding area in the body.

ETHICON PHYSIOMESH LAWSUITS

Each of these hernia meshes that are the subject of the multidistrict litigations has had issues that have either led to recalls or have drawn regulatory scrutiny. Ethicon’s physiomesh was removed from the market in 2016 due to a higher incidence of the need for recurrent surgeries. Physiomesh was rushed to the market under a streamlined FDA approval process that did not require as much research before the product could be used in surgeries. After years of use, there were a pair of studies that showed that the product’s effectiveness rate was markedly lower than that of its competitors. As a result, Ethicon took the product out of circulation, permanently. This mesh removal was not a hernia mesh recall but had all the hallmarks of a recall.

ATRIUM C-QUR LAWSUIT

Atrium’s C-Qur hernia mesh was the subject of a partial FDA recall in 2013 because patients were experiencing a higher rate of infection with this product than other meshes. There were other complications such as bowel obstructions. Patients who required surgery to remove the mesh encountered complications because of how bound up the mesh was with internal organs. The company has already set aside $200 million to cover the costs of litigation with the initial trials starting in late 2019.

C.R. BARD HERNIA MESH LAWSUITS

C.R. Bard has already settled one MDL hernia mesh litigation (The Kugel MDL) resulting from a prior iteration of hernia mesh. This particular type of hernia mesh has experienced much of the same side effects as Physiomesh and C-Qur. C.R. Bard is perhaps the dominant company in the market for all types of surgical meshes and it is no stranger to litigation. The company was also a large producer of pelvic mesh, and was one of the last companies producing that mesh before the FDA ordered pelvic mesh off of the market.

WHY HERNIA MESH SUITS ARE INCREASING

Part of the reason why the number of these lawsuits has been increasing is because hernia mesh is equivalent to a ticking time bomb in the patient’s body. Complications can arise even many years after the mesh has been implanted. Hernia meshes can fail years after the surgery. Most types of hernia mesh are made of a type of plastic, and they are not degradable. In other words, they will always be a part of the body. There have been many reports of infections occurring even years after the hernia surgery. Further, the device can fail after working for many years, necessitating a follow-up surgery.

Given the number of patients that have had surgery using hernia mesh, there is still room for the number of lawsuits to grow even further. According to the FDA, there are approximately a million hernia surgeries each year in the United States, and an overwhelming majority of these procedures rely on mesh.  In June 2019, there were approximately 1,000 new hernia mesh cases filed in U.S. courts. In addition to the possibility that a mesh can fail at any time, there is also a high rate of publicity surrounding hernia meshes, leading more plaintiffs to come forward.

For purposes of litigation, the most important thing is when a patient starts to experience symptoms of an injury. Even if the mesh was implanted many years ago, there can still be a cause of action because the statute of limitations only begins to run when the patient knew or should have known that they suffered an injury. Thus, even hernia meshes that may no longer be in use may still be the subject of litigation. When a mesh is recalled because of its danger, it simply means that the recall applies to the products that have not been implanted. Patients still keep the mesh in their body until it fails.

If you have had hernia mesh implanted and have suffered internal injuries, an infection or needed a second surgery, you may be eligible for compensation. Consult with a hernia mesh attorney to find out how you can file a claim in court that may entitle you to the compensation that you deserve for your injuries. The consultation is completely free, and you pay nothing to the attorney unless you receive a settlement or a jury award.

Refer: https://newyork.legalexaminer.com/health/number-of-ethicon-bard-and-atrium-mesh-lawsuits-increasing/

https://rhodeislanddivorcelawyerarticles.com/surviving-divorce-the-dos-and-donts-after-your-divorce/

C.R. Bard is one of the largest manufacturers of surgical mesh devices in the United States. The company is a leader in the hernia mesh market and was a large seller of pelvic meshes before legal concerns forced them to withdraw the product from the market. C.R. Bard is currently facing over 1,700 lawsuits pertaining to its hernia mesh products. There are a variety of different harms that have been alleged by plaintiffs.  One of the products that is alleged to have injured patients is C.R. Bard’s hernia mesh Marlex. Currently, these cases are part of the large multi-district litigation that is pending against the medical device maker. Anyone who has had Marlex mesh implanted as part of a hernia surgery and has experienced complications should consult a Marlex hernia mesh lawsuit attorney about their legal options.

 MARLEX : THE USES OF HERNIA MESH

Hernia meshes are generally regarded as a more effective approach to repairing the hernia than traditional surgery which relies on an open incision. Tradition hernia repair requires that the muscles be sewn together, and there is a long recovery time. Moreover, the chance of recurrence of the hernia and a subsequent surgery is greater. Hernia mesh is supposed to result in a more lasting repair that requires lesser recovery time as the mesh is supposed to help the body strengthen on its own while remaining in place. In practice, that has not always happened.

Marlex hernia mesh has been in use for over 60 years. Marlex refers to a type of material that consists of high-density polyethylene fiber. The mesh contains knitted polypropylene fibers, which is supposed to make the mesh more malleable than traditional polyethylene mesh.  A little known fact is that Marlex is the same material that is found in Hula Hoops.  While there are many different types of hernia mesh on the market, Marlex is one of the more predominantly used types of hernia meshes. C.R. Bard’s hernia mesh sales account for roughly two thirds of the total overall market in the U.S.

SYNTHETIC MATERIAL

While hernia mesh has had some positive effects on hernia surgery repair and recovery, the products have also resulted in hundreds of thousands of cases where there have been complications. Part of the issue with hernia meshes in general is that they contain synthetic plastic material. Consider the above statement that Marlex contains the same material that is part of hula hoops. This means that a foreign substance is introduced into the body as opposed to relying on the body’s own natural healing. This introduces a permanent possibility of problems even years later.

COMPLICATIONS OF HERNIA MESH

There are several potential complications from the use of Marlex synthetic hernia mesh. The first is that the patient is susceptible to an infection. The Marlex mesh is made out of plastic, which can still result in an infection even though the manufacturers claim that the product is inert. In addition, hernia mesh can migrate or fail. When it moves out of place, it can cause complications in the neighboring areas of the body. When it fails, the hernia will recur and further surgery is necessary to replace the mesh and fix the hernia. There was an FDA recall of Marlex mesh in 2008 for these reasons.

MARLEX HERNIA MESH LAWSUITS

With regard to Bard’s Marlex, the lawsuits filed have alleged that similar injuries occurred. There was one lawsuit that was filed in federal court in Pennsylvania in October 2017. In this case, the plaintiff claimed to have suffered severe and permanent bodily injuries and significant mental and physical pain. The plaintiff underwent surgery that resulted in an implant of Marlex mesh. The lawsuit did not indicate that the plaintiff suffered any side effects for nearly 12 years after receiving the mesh implant.

However, in 2015, the plaintiff was admitted to the emergency room with severe abdominal pain, nausea and vomiting. Tests revealed that the plaintiff was suffering from a small bowel obstruction and bowel containing ventral hernia. The plaintiff underwent laparoscopic surgery which became a laparotomy when the surgeon noticed the extent of the problem. The bowel had densely adhered to the mesh and the mesh was within the hernia sac. The surgeon had to perform a bowel resection and also a procedure to remove the mesh. The surgeon also repaired the hernia. After the initial procedure, the plaintiff had wound discharge and required home health care nursing. The plaintiff also experienced continuing intestinal pain.

The specific problem that the plaintiff experienced was that the mesh became deformed. When that happened, it moved out of place and impacted the surrounding bowel. Other patients have reported damage to internal organs when the mesh migrates.

MARLEX MESH IS UNREASONABLE DANGEROUS

The lawsuits allege that Marlex mesh is unreasonable dangerous because it was susceptible to deformity, elongation and migration to other organs including the bowel. It was the movement of the mesh out of place that caused the plaintiff to suffer the damage in the above case.

Further, Marlex mesh has been in use for decades, and there should have been a large dataset of possible complications that C.R. Bard knew. Instead, as the lawsuits allege, C.R. Bard did not take any action to remedy the product defect and did not accurately report the data about the complications to the public and to healthcare providers.  In fact, there has been testimony at other cases involving implants made out of Marlex that has indicated that the substance is not safe for human implantation. Chevron Phillips, the manufacturer of Marlex, even lodged a complaint in 2004, arguing to the mesh makers that Marlex was not safe to use as an implant.

UPDATE ON THE MULTI-DISTRICT LITIGATION

The multi-district litigation involving C.R. Bard’s hernia meshes, of which Marlex mesh is a part, is getting closer to the date of the bellwether trials. There have been 12 bellwether cases selected that are currently going through the discovery process. These cases have trial dates spread throughout 2020. Plaintiffs are still filing lawsuits regarding C.R. Bard hernia meshes. It is anticipated that the number of cases will eventually exceed 3,000.

Those who have been injured should seek immediate legal help. As the above-described case evidences, Marlex hernia mesh can be a dormant problem that sits in the body until it fails, which can occur years after the initial surgery. The statute of limitations starts to run when the claim accrues, meaning it is when the plaintiff knew or should have known that they were injured. Therefore, even if you have had the mesh implanted many years ago, the statute of limitations begins to run on the day that you realized that you were hurt. Call an attorney now to discuss your possible case. The consultation is free and you will owe nothing unless you are successful in achieving a financial recovery for your injuries.

Rhode Island has some of the most liberal expungement laws in the United States. Nonetheless, RI expungement laws are not liberal enough for some people with multiple felony convictions.  If you qualify to get your records sealed, erased or destroyed, it is time to get those deleterious and insidious RI criminal records erased, sealed  and / or destroyed! If a criminal record is sealed, destroyed or expunged, you may, in some circumstances,  not inform third parties of such record. Under RI law, 5 criminal misdemeanor convictions may be eligible for expungement if certain requirements are met. Also any offense that has been decriminalized  in Rhode Island may be expunged.

What offenses have been decriminized in Rhode Island and can now be expunged?

• 1st and 2nd offense driving on a suspended license
• Marijuana possession of small amounts

This criminal law article by a RI criminal lawyer constitutes a comprehensive explanation of expungement law in Rhode Island as of  March 2020. This area of law is often changing and in a state of flux. The legislators in Rhode Island often attempt to make expungement policy more liberal. Pursuant to RI law, there cannot be an expungement without a motion and a hearing on the merits. A person seeking to expunge a conviction, a filing or a dismissal should get in touch with a top RI criminal defense Attorney.

Dismissed and Not Guilty Finding records

Dismissed criminal charges can nearly always be expunged. These dismissed criminal records should be expunged in RI.  Despite a dismissal by the Court, there will still be a record on the Rhode Island criminal computer records and on the Bureau of Criminal Identification (BCI) report unless the matter is expunged. This record will indicate that a person was in fact arrested and charged with a criminal offense.

The public can even view these records as public records.  The public tend to assume that if a person was charged with a criminal offense that they must have done something wrong. People may assume that there was some sort of technicality. Even a dismissed criminal record could cause a person to lose an employment opportunity.

Crimes that have been decriminalized in Rhode Island can be expunged

Rhode Island has decriminalized first and second offense driving on a suspended license. This means that these charges can be expunged. Rhode Island has decriminalized many marijuana possession offenses. This means that certain marijuana possession offenses can be expunged.

Is there any circumstances when dismissed charges that cannot be expunged?

If a related charge cannot be expunged then the dismissed charge cannot be expunged.  This usually pertains to charges that relate out of the same incident and are charged together. For example, a criminal defendant was charged with three offenses related to the same incident and 2 were dismissed but the third there was a sentence of probation. The criminal defendant would be required to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. This because under Rhode island criminal law a person may not seal or expunge portions of a file! I suspect that the main reason for this statutory scheme is because it would be logistically impossible to expunge a charge when there are other charges in a related incident that are not eligible to sealed.

For example, Paul was pinched by the local police with domestic disorderly, domestic simple assault and failure to relinquish a telephone (domestic) charges arising out of a domestic dispute with his girlfriend. Paul agreed to a plea on the domestic disorderly conduct charges. The domestic simple assault and refusal to relinquish telephone charges were dismissed under rule 48A. Paul would not be able to expunge the simple assault and phone interference charge until the disorderly conduct charge was eligible to be expunged.

Expungement of not guilty findings.

Not guilty findings after a trial on the merits by a Justice or  a jury can usually be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged. Pursuant to Rhode Island Law, Dismissals, No information, Not Guilty can be expunged unless there has been a felony conviction. (this is a felony conviction in the strict sense of the word such as a felony with suspended sentence, fine, incarceration or jail time)

Deferred sentences

Deferred sentences in RI can now be expunged after the end of the deferred sentence.

Drug Court

“Post-plea cases sent to drug court are dismissed and expunged after successful completion of the program.”

Expungement of one year filings in Rhode Island and Providence Plantations

A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year. If a criminal accused is not violated during the one year filing period, then a filing can be expunged even if there are other offenses before or after the filing. Expungement of a filing in Rhode Island is not automatic. A motion must be filed. If the filing is for a domestic offense then it cannot be expunged until three years. Unlimited numbers of one year filings can be expunged if other requirements are satisfied.

Expungement of Felony convictions, suspended sentences,  jail sentences or probation

A felony with the following sentences: probation, suspended sentence or jail can be expunged ten years after the completion of the sentence or probationary period. Under the current state of Rhode Island law you cannot have any FELONY conviction, suspended sentence, fine or probation expunged if you have another conviction, suspended sentence, fine or probation on your record. A misdemeanor or felony conviction is any sentence with a fine, deferred sentence, suspended sentence or period of incarceration. Even though probation may not constitute convictions under Rhode Island law for some purposes it is treated the same way as convictions for expungement purposes.

Expunge a deferred sentence

There is no waiting period to get a deferred sentence expunged. Immediately at the end of a deferred sentence, a person is eligible to file a motion to expunge.

In order to be eligible to expunge a deferred sentence at the end of the sentence a person must meet the following requirements:

• The defendant has paid all court costs, fines and restitution ordered by the Court.
• The defendant must have no pending criminal charges.
• “Effective in 2016, expungement may be sought immediately upon completion of deferred sentencing under R.I. Gen. Laws §§ 12-19-19(c); 12-1.3-2(d) (enacted by HB-7025, (2016), subsequently renumbered as (e)).  Expungement is discretionary and may be granted only if “the court finds that the person has complied with all of the terms and conditions of the deferral agreement including, but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and restitution to victims of crimes; there are no criminal proceedings pending against the person; and he or she has established good moral character.”  § 12-1.3-3(b)(ii).  Specified serious violent offenses are ineligible.  Id.; § 12-1.3-1.  This expungement authority applies to all deferred sentencing agreements, whether completed before or after the enactment of the 2016 law.  HB-7025, § 3 (2016).” https://ccresourcecenter.org/state-restoration-profiles/rhode-island-restoration-of-rights-pardon-expungement-sealing/

One misdemeanor conviction can be expunged 5 years after end of sentence if requirements are met

One misdemeanor convictions can be expunged five years after the completion of the sentence or probationary period so long as the person does not have another conviction. This specifically includes domestic violence offenses and dui offenses.

5 misdemeanor convictions can be expunged 10 years after the misdemeanor sentence is completed but the following offenses or situations are not included in this law:

• Domestic violence offenses
• DUI offenses
• people with a prior felony conviction

How does expungement Criminal laws in RI deal with Crimes of Violence:

Certain crimes of violence in Rhode Island and Providence Plantations may never be expunged and R.I.G.L § 12-1.3-1. states:-“Crime of violence” includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

Noticeable absent from the definition of crimes of violence is “assault.” It could be argued  by a top Rhode island criminal defense attorney that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.

 Certain prostitution crimes can be expunged at the completion of the sentence

“An individual convicted of prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may apply by motion to the court having jurisdiction over the offense to vacate the conviction and seal or expunge the record of conviction. The court may grant the motion after a hearing and upon a finding that the individual’s participation in the offense was a direct result of being a victim.” § 11-67.1-17. Motion to vacate and expunge conviction. 

https://slepkowlaw.com/expungement-articles.htm 

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.

Rhode Island  has plenty of waterways. These waterways are mainly used for transport, fishing, and recreation. On a hot day, there is no better feeling than riding on a recreational boat in Rhode Island’s waterways. Unfortunately, boat accidents are familiar occurrences. For example, in 2015, the Coast Guard recorded 4, 158 accidents involving recreational boats. The accidents resulted in 626 deaths and 2, 613 injuries. They also caused damages to property totaling $42 million. With that said, it is essential for every boat operator to know the common types of boat accidents and how to prevent them. More importantly, boat owners, passengers, and operators should know the steps they should take after a boat accident in order to reduce liability. If you were injured in a boating accident in Rhode Island, contact a RI personal injury lawyer or Rhode Island personal injury attorney. RI personal injury lawyers will help you get justice and compensation

RI boat accident lawyer

These article by a boat accident lawyer in RI sets forth common types of boating accidents in Rhode Island and Providence Plantations

Collision with other vessels and motorboats

This is one of the most common types of boating accidents. Sometimes, our waterways are full of activity. It is therefore easy for the operator to get distracted causing a collision with other water vessels, sailboats and motorboats. Besides distractions, other causes of boat collisions in Rhode Island include speeding and driving while intoxicated. Collision between recreational vessels was the leading type of boat accidents in 2015. It accounted for 990 accidents that lead to 36 deaths and 619 injuries.

Collision with fixed objects

Fixed objects such as rocks and posts lie along our waterways. If the operator is not attentive, the boat will collide with these objects leading to injuries According to the Coast Guard, there were 470 accidents involving boats and fixed objects in 2015. The accidents caused 58 deaths and 321 injuries. The operator can avoid these accidents by being attentive and driving at a manageable speed.

Flooding and swamping

This type of accidents is one of the greatest causes of fatalities in our waterways. For example, in 2014, 15 percent of flooding and swamping incidents lead to deaths. In the same year, only 4.3 percent of boat collisions resulted in fatalities. In 2015, flooding and swamping accidents caused 56 deaths. Only collision of boats with fixed objects caused a higher number of fatalities in that year. Flooding and swamping accidents can be reduced by thoroughly inspecting the boat before operating it. Operators should also examine the boating area and consider weather predictions. Furthermore, operators and passengers should wear life jackets to reduce fatalities.

 Jet Skier  accidents and mishaps

Water skiing is a breathtaking experience. Skiers are pulled across water bodies at high speeds. Unfortunately, water skiing is as dangerous as is thrilling. It is said that “a speed that thrills is a speed that kills.” In 2015, water skiing accidents were the fifth most common type of boat accidents in America. In that year, skier mishaps accounted for 301 accidents that resulted in 12 deaths and 319 injuries. Causes of water skiing accidents include inexperienced controllers, touching the water at a wrong angle, and drowning. Skier mishaps can be reduced by avoiding untrained and inexperienced boat operators. Skier should also wear life jackets and be ready to swim in case of an accident.  Contact a jetski injury attorney ri.

Grounding | Rhode Island personal injury lawyer

Some waterways have submerged obstructions such as sandbars and landmasses. Some of these obstructions are not visible to the boat operator. When the boat hits these obstructions, it is likely to get stuck or grounded. The Coast Guard recorded 350 accidental grounding incidents in 2015. These accidents resulted in 17 fatalities and 261 injuries. Grounding accidents can be avoided by riding only in familiar waters. Furthermore, the operator should make use of safety equipment such as compasses and GPS devices.

Most common causes of boat accidents | Boat accident lawyer ri

According to the US Coast Guard, the following are the top 10 causes of boat accidents in America

1. Inattentive operators
2. Operation of boats by untrained and inexperienced pilots
3. Improper lookout by people tasked with ensuring water safety
4. Breakdown of boats and other machinery
5. Piloting boats at excessive speeds
6. Operating boats while intoxicated
7. Sailing boats in unfamiliar hazardous waters
8. Violation of navigation rules
9. Rough and unpredictable weather
10. Overturning of boats by powerful waves

What to do if you are involved in a boat accident

Sometimes, establishing who bears the liability of a boat accident in Rhode Island is not a straightforward affair. If you are injured in a boat accident in RI, you might be eligible for personal injury compensation. After the crash, you should first seek medical attention. Once you are in a stable condition, contact a ri personal injury attorney who has experience in handling boat-related accidents. Besides giving you legal advice, the  RI boat accident lawyer will help you document all the information that might be required in a legal suit. The data can also be resourceful when making insurance claims.

“COVENTRY, R.I. (WPRI) — Six people were injured after a pontoon boat struck a seawall on Johnson’s Pond in Coventry Friday evening then landed in the backyard of a home on Hill Farm Camp Road.According to Coventry Fire Chief Frank Brown, four adults and two minors were on board the boat and suffered minor injuries. “Some broken bones and bumps and bruises,” he said. “Considering the impact, pretty minor injuries overall.” Brown said it appears the driver lost control of the boat around 5 p.m. and then fell out of his chair. The driver, according to Brown, could not recover in time to correct his steering before the boat hit the seawall. The incident remains under investigation at this time, and no one on land was hurt.” WPRI

Victims involved in a serious car accident in Rhode Island that was not their fault often hope that the other driver has adequate insurance to cover the cost of damages and healing. However, because of lower monthly premiums, many motorists in RI drive with insufficient levels of insurance if they cause an accident with injuries or fatalities.

RI underinsured Motorist Accident lawyer

This is why all automobile insurance carriers in Rhode Island provide under-insured motorist coverage to cover personal (bodily) injuries, property damage or a fatality caused by an irresponsible motorist with insufficient insurance.

Uninsured motorists operating cars, pickup trucks, motorcycles and automobiles are a serious problem in every state. However under-insured motorists can be a larger problem because many drivers choose to carry minimal coverage that varies between states. By law, drivers must maintain a policy to cover some of the costs of injuring victims in an accident / crash. However, the policy has a set limit of liability for the individual person, the entire accident, and the amount of coverage for any property damaged in the incident.

All Policies Have a Liability Limit in Rhode Island

The state of Wisconsin requires motorists to maintain a $50,000 liability limit for every individual injured, with a total of $100,000 for the entire accident and $15,000 for property damage. Alternatively, the state of Ohio requires only $12,500 liability limit for injured victims with a total of $25,000 for the entire accident and $7500 for property damage. Rhode Island requires drivers to maintain $25,000 limited liability to pay for the medical expenses of any individual injured in an automobile accident, $50,000 to cover the entire accident and $25,000 to cover property damage.

Under-insured motorist coverage

Because of the escalating numbers of vehicle accidents across the nation, maintaining uninsured and under-insured motorist coverage on an automobile insurance policy is crucial. In the event that you or a family member suffers injuries or a death caused by an underinsured motorist, your additional policy may pay for injuries including hospitalization and any medical bill resulting from the Providence Rhode Island accident. In addition, the policy should also pay for lost wages, mental anguish, pain and suffering for you and any passenger injured in the motor vehicle collision.

Approximately 15 percent of all motorists do not maintain proper liability insurance. If the driver at fault for the Rhode island car or truck accident does not have the ability to pay your bills out of pocket for any damage, injuries or death not covered by their insurance, you, or your under-insured insurance policy, are left with the bills.

If you have been involved in a RI motor vehcile accident with an uninsured or underinsured motorist, you will likely need to file a claim for compensation against your insurance carrier. However, to receive compensation through your underinsured motorist coverage, your insurance carrier will require that prove that the other driver is responsible for the car, motorcycle, truck or SUV accident. In many incidences, the insurance company will delay payment or deny the automobile collision claim outright, until proof can be shown. As a result, many victims of an underinsured motorist-related auto or motorcycle accident will hire a Rhode island personal injury attorney who handles these specific types of negligence and liability cases.

Some uninsured motorist claims are hit and run accidents in which the hit and run scofflaw flees the sceen of the crash to avoid liability for the collision.

Building a negligence Case in RI

A skilled RI underinsured motorist claim lawyer or a Rhode Island car accident attorney ( Providence liability law firm) that handles underinsured motorist accident cases will collect evidence to build the case for compensation. The evidence might include:

• Police reports, medical bills, the cost of rehabilitation and treatment records
• Verification of all lost income related to the accident
• Every receipt for any bill paid out-of-pocket
• Determining your intangible losses including pain, suffering, anguish and emotional trauma of dealing with the accident and your injuries

A reputable Providence underinsured motorist claim attorney will take steps to negotiate your settlement or take your case to arbitration or perhaps a trial. In the event that your insurance carrier is unwilling to provide you adequate compensation by placing unfair or unrealistic barriers in your way, your uninsured motorist attorneys in Rhode Island might file an additional claim of bad faith by suing them for compensatory and or possibly punitive damages.

If injured in a Rhode Island motor vehicle accident with an underinsured motorist, immediately retain a Rhode Island personal injury attorney.

For generations, proving fault, or  the seedy or unsavory action of one spouse was the only option or grounds to obtain a divorce. However, no-fault divorce has become very popular in recent years as a way to eliminate a legal and permanent separation based on blame. Its popularity is in response to society’s movement away from seeing a divorcing couple as shameful.

Rhode Island divorce attorney article

Divorcing without proving fault removes the process of deeming one partner as “innocent” to protect their reputation, character and social status while trashing the other.

No-fault divorce was first utilized in the United States in 1933 in New Mexico’s Second Judicial District as a way to avoid the adversarial structure of the law. Since then, nearly every state in the union has adopted no-fault divorce as a standard.

Rhode Island Law- no fault divorce

Rhode Island is a “no fault state” divorce state. Read the no fault statute in RI here. Nonetheless, fault grounds can still be alleged to obtain an absolute divorce in RI. Rhode Island divorces can be granted based on irreconcilable differences that lead to the irremediable breakdown of the marriage. If you are seeking a divorce in  Rhode Island, contact a Rhode Island divorce attorney. A divorce lawyer in RI will help you get the justice that you deserve.

Does irreconcilable no fault grounds in Rhode Island mean the assets are always divided 50% to the wife and 50% to the husband in a divorce in Providence Family court?

No. A no fault divorce in Rhode Island means that fault grounds are not necessary in order to obtain a divorce in RI. Husband and / or wife have to prove irreconcilable

differences that led to the breakdown of the marriage to obtain a “no Fault” divorce in Rhode Island. Husband or wife are still able to allege fault grounds that lead to the breakdown of the marriage. Even if a divorce in Rhode Island is filed based on “no fault ” grounds it does not necessarily mean that it will be an uncontested RI divorce.

Fault is still very significant in an irreconcilable differences divorce in Rhode Island and Providence Plantations! If a spouse can establish by a preponderance of the evidence that the other party is at fault for deterioration of the marriage, then they can seek a disproportionate share of the marital assets.

Destructive behavior and fault

The following types of negative or destructive behavior could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, criminal history, incarceration, extra marital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc. PR8 Web Directory

You should consult with a Rhode Island divorce attorney regarding your potential divorce cause of action. Divorce in ri is a serious matter and you need a Providence divorce attorney on your side.

Grounds for an at Fault Divorce

Married couples wanting to obtain a divorce in states that still require proof of fault will base their dissolution of marriage on specific grounds that often include:

• Adultery
• Bigamy
• Impotence
• The wife’s pregnancy unknown to the husband prior to the marriage
• Mental, emotional or physical abuse of one spouse to another
• Cruelty
• Abandonment
• Substance abuse
• Insanity
• Becoming infected with a STD (sexually transmitted disease)
• Incarceration
• Marrying a close relative

In some states, additional grounds for divorce can include:

• An irreparable breakdown of the couple’s marriage
• Living apart from each other for an extended time
• Irreconcilable differences
• An irretrievably broken marriage

Why No-Fault Is Beneficial

States have adopted no-fault divorce because it provides valuable benefits to both spouses during and after the divorce process. In addition, it saves the state money, time and problems. Some of these benefits include:

• A reduction of legal fees
• Avoidance of the time-consuming process of proving fault
• Finding fault of the divorcing spouse often requires substantial trial time instead of the quicker method of settling outside of the court system
• Avoidance of unsavory and derogatory testimony by relatives, friends and neighbors spewing a spouse’s misdeeds
• The infliction of emotional injury and trauma on the divorcing couple’s children that will hear detrimental criticism and disparaging remarks of either or both parents
• The need for more judges to handle lengthy trials, which would cost the state significantly more money

No Stopping the Divorce

No-fault divorces are based on some type of irreconcilable difference between the divorcing couple. Because of that, one spouse does not have the legal ability to stop the process of a no-fault divorce.

Usually, no-fault divorce does not alter the standards of child custody. In a proof of fault divorce, one parent might attempt to prove that the other parent is unfit to raise the child through a deficit in their moral character because of adultery or wrongful conduct. Alternatively, the judge in a no-fault divorce simply decides on the custody and support of the children based on the best interest of each child. This process eliminates the need for grounds of immoral turpitude or a depraved character to obtain the divorce.

Many argue that no-fault divorces have placed the concept of marriage in jeopardy and devalued its worth. However, a no-fault divorce can still be a highly stressful and devastatingly emotional event on both spouses.

Divorce in ri

Hiring a competent Rhode Island divorce attorney can help alleviate some of the stress of petitioning the court for divorce. The RI divorce lawyer can provide advice and counsel on how to protect yourself and your children through the process. With effective legal representation, the impact of a marriage’s breakup on each family member can be minimized.

One of the main reasons for no fault divorces is that spouses in the past were lying and perjuring themselves to fraudulently make up fault allegations so that they could get a divorce. Historically, Men were admitting to affairs that never occurred just so they could obtain a divorce!

Wikipedia stated: “Many American lawyers and judges objected to the legal fictions used to satisfy the requirements for divorce, which were effectively rendering oaths meaningless and threatening to wreck the integrity of the American justice system by making perjury into a commonplace occurrence. As early as the 1930s, a treatise on American family law complained:

In divorce litigation it is well known that the parties often seek to evade the statutory limitations and thus there is great danger of perjury, collusion, and fraud . . . . In many cases no defense is interposed, and often when the case is contested the contest is not waged with vigor or good faith.” http://en.wikipedia.org/wiki/No-fault_divorce

Here are the fault grounds in Rhode Island pursuant to RI Family law:

” § 15-5-2 Additional grounds for divorce. – Divorces from the bond of marriage shall also be decreed for the following causes:

(1) Impotency;

(2) Adultery;

(3) Extreme cruelty;

(4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;

(5) Continued drunkenness;

(6) The habitual, excessive, and intemperate use of opium, morphine, or chloral;

(7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and

(8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.” http://webserver.rilin.state.ri.us/Statutes/title15/15-5/15-5-2.htm

§ 15-5-3.1 Divorce on grounds of irreconcilable differences. – (a) A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage.

(b) In any pleading or hearing for divorce under this section, allegations or evidence of specific acts of misconduct shall be improper and inadmissible, except for the purpose of making a determination pursuant to §§ 15-5-16 and 15-5-16.1, or where child custody is in issue and the evidence is relevant to establish that parental custody would be detrimental to the child, or at a hearing where it is determined by the court to be necessary to establish the existence of irreconcilable differences.

(c) Upon hearing of an action for divorce under this section, the acts of one party shall not negate the acts of the other nor bar the divorce decree. ” http://webserver.rilin.state.ri.us/Statutes/title15/15-5/15-5-3.1.HTM

Many people are unaware that a child support amount established by the Providence Family Court, can be modified. The RI Family Court Court will require that the reason for the change is valid and that there has been a substantial change in circumstances since the prior court order.  If you are in need of child support legal advice in Rhode Island, contact a RI child support lawyer. A Providence child support attorney will make sure that you get the justice that you deserve in Rhode Island Family Court. Simply not wanting to pay child support established during the divorce or custody hearings is not a valid excuse.

Can I modify child support?

• You must file a motion to modify child support and serve the motion on the other party
• There must be a substantial change in circumstances to modify child support.
• A substantial change in circumstances include; loss of employment, decrease or increase of income of either father or mother, additional minor dependent and disability.

A child support order in Rhode Island can only be modified based on a substantial change in circumstances.

§ 15-5-16.7. Review of child support orders “In the case of a request for a review before the three-year (3) period, upon the request of either party, or upon the request of the state pursuant to § 15-5-16.2(c)(3), the amount of support may, in the court’s discretion, be modified if the court finds that a substantial change in circumstances has occurred in accordance with § 15-5-16.2….” Id.

Reviews after 3 years without change in circumstances

Pursuant to RI law, there must be a 10 percent adjustment in the child support from the prior RI child support order in order for a motion to modify child support in RI to be approved.

Every 3 years child support can be modified without change in circumstances

Pursuant to § 15-5-16.7. Review of child support orders,  a custodial parent in Rhode Island may request a modification of RI child support in Providence Family Court three years after a child support order was established or last modified. “Every three (3) years from the date the child-support order was established or modified, and upon the request of either party, or upon the request of the state pursuant to § 15-5-16.2(c)(3), the court shall review and, if appropriate, adjust the order in accordance with the child-support guidelines if the amount of the child-support award under the order differs from the amount that would be awarded in accordance with the guidelines. The adjustment of the order shall be made under this subsection without a requirement for proof or showing of a change in circumstances. In adjusting the order, incarceration may not be treated as voluntary unemployment that would prevent the motion from being heard or result in a denial of the motion. The periodic review of child support orders as provided in this subsection is in addition to the opportunity for review provided in § 15-5-16.2(c).”  § 15-5-16.7. Review of child support orders,

Retroactive modification of child support in RI only goes back to service of process

Child support in RI can only be modified retroactively to the date of service of process of the motion or petition to modify the child support order. “The court, in its discretion, may modify a child-support order retroactively only to the date that notice of a petition to modify was given to the adverse party if the court finds that a substantial change in circumstances has occurred; provided, that the court shall set forth in its decision the specific findings of fact that show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive.” Id.

However, there are a few common reasons that the Court will allow support payments to be lowered. If you are in need of child support legal advice contact a child support lawyer in RI.

• Disability

If the parent that is paying the child support becomes disabled and as a result of this disability takes a loss in income, the Rhode Island Family Court may allow child support payments to be adjusted according to the parties new income level. A disability in itself does not prevent people from paying child support.

Are disabled individual on SSI or SSDI required to pay child support?

• No. Non custodial parents on Social Security Income (SSI) are not required to pay child support support in Rhode Island.
• Non custodial parents receiving Social Security Disability Insurance (SSDI) receive a dependency benefit which is for the dependent child.
• Non custodial parents on ssdi who have additional income over and above the SSDI payments are obligated to pay child support in addition to the dependency payments the child is receiving.
•  When calculating child support for non custodial parents receiving SSDI benefits with additional income, the noncustodial parent is given a credit for the dependency benefits received by the child.

Parents who receive SSI are not required to pay child support.  The obligor parent, receiving SSDI, may be obligated to pay child support if the child support amount is more than the SSDI dependency benefit. If the child support guideline amount is more than the dependency benefit the obligor parent must pay the amount of child support that exceeds the SSDI dependency benefit.

• Loss of Income

If a person becomes temporarily unemployed due to lay off or other reasons, the Court may temporarily adjust child support payments until that person returns to work. In addition, if the new job is at a lower wage than the previous employer, the terms of the support may be adjusted to meet the new income level.

• Change in Medical Status

If the child support payments included payments for special needs or daycare and the child no longer needs this medical treatment, or daycare than adjustments can be made to the support. However, any new medical needs that may arise for the child may result in an increase.

• additional dependent child

If either party has an additional dependent child to support, such change in circumstances may warrant a modification. There are other circumstances that may qualify for a change in child support. However, you must keep in mind that the reasons must be legitimate, and you must be able to prove those reasons in Court. A change in your lifestyle, such as deciding to move to a luxury apartment or buy an expensive car, will not convince the judge to change your child support payments so that you can afford these bills.

Rhode Island child support attorney

“In 2013, some of the lowest rates of receiving all child support that was due belonged to custodial parents who were under 30 years old (30.3 percent), who had less than a high school education (30.3 percent), whose child had no contact with their other parent (32.0 percent), who were Black (33.7 percent), or who had never married (34.1 percent). These rates were not statistically different from each other (Figure 5). Custodial parents who had at least a Bachelor’s degree (62.4 percent), who had joint legal or physical custody of their child(ren) (58.6 percent), who were 40 years or older (58.5 percent), or who were divorced (56.5 percent) had some of the highest rates of receiving all child support payments that were due in 2013. ” http://www.census.gov/content/dam/Census/library/publications/2016/demo/P60-255.pdf   U.S. Census Bureau, Custodial Mothers and Fathers and Their Child Support: 2013 By Timothy Grall Current Population Reports Issued January 2016