Monday, July 26, 2010

Allstate Insurance Decisions Promote New Views on Tort Matters in Rhode Island

In the 2009 year, a prominent article in the legal community encompasses the growing gap between what insurance companies are offering for soft tissue injuries pre-trial, and what juries are awarding as verdicts. The trend has seen some tremendous injustices in this area rectified for the benefit of those injured, as well as the dogma that has followed and labeled these parties in the past minimized or eliminated.

RI Divorce and Personal Injury Lawyer Rui Alves, although not involved in any of these matters, feels as though the information is pertinent and timely, and offers a summary of the relevant facts and outcomes below.

In a recent 2009 decision, Attorney Mark Fay represented a party injured in a ‘low-impact collision.’ The extent of the Plaintiff’s injuries required medical treatments in excess of $5,000.00 and started immediately the day after the crash. Prior to the lawsuit, the Plaintiff was offered a modest $1,500.00 to settle the case out of court.

After trial, and the introduction of evidence that the injury aggravated a previous disc injury, together with Attorney Fay’s ability to negate the defense testimony of Dr. Morgan who stated that there was a “closed end period of partial disability” and that the Plaintiff’s injuries were “minor.”

The testimony of experts, as well as the discernment of the jury, brought the Plaintiff’s award to an astounding $96,272.35 including interest.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

RI Supports Insurance Reform Through Awards for Personal Injury Cases

2009 was an advantageous year for the soft-tissue injury personal injury client in Rhode Island. The decisions rendered by the State courts in trial matters, so vastly differed from the offers received by insurance companies across the board, that one could infer there is an upward trend in the way that juries are willing to decide insurance cases that leans heavily in favor, finally, of the victims.

Attorney Rui Alves, a Rhode Island and Massachusetts Family and Personal Injury Lawyer, had no involvement in any of these cases. His interest prompted him to offer them here in summarized format for information purposes only.


Pre-Trial Offer: $18,000.00

Arbitration Offer: non-binding, pre-trial arbitration offer of $43,000.00 including interest was denied by the carrier

Facts: 3 vehicle rear-end collision at a red light… Defendant slid into a truck on snowy/icy road conditions, pushing the truck into another vehicle driven by a 41 year old woman… the Defense for Liberty attempted to state that the truck was at fault for the Plaintiff’s injuries, not their insured

Injuries and Damages: 41 year old woman suffers chronic cervical injury, knee contusion and possible disc involvement… damages for medical expenses and work absence totaled $6,000.00

Verdict: Jury awards $135,000.00, the exact amount suggested by Plaintiff’s counsel, and in spite of voting for reform during voir dire questioning, and possible pre-existing condition by Plaintiff



Pre-Trial Offer: $5,000.00

Facts: Plaintiff files a claim for injuries sustained in a slip and fall on snow and ice covering a walkway… the property owner was found to be 75% responsible for failing to clear the walkway

Verdict: Plaintiff awarded $13,758.00 for injuries and damages against Allstate Insurance Company


Pre-Trial Offer: $21,000.00

Facts: Peter Iascone and Greg Sorbello represent a client against Allstate Insurance Company for injuries that effected ability to keep current employment status… Economist Dr. Feldman testified for the Plaintiff

Damages: Over $21,000.00 in medical bills from orthopedic surgeon and rehab employment specialist

Verdict: Newport County jury awards Plaintiff almost $90,000.00 including interest

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Friday, July 23, 2010

RI Family Court Incarcerates Father for Failure to Pay RI Child Support

Alves Law Child Support Lawyer Rui Alves reports decision in father who failed to pay child support in RI Family Court.

Issue: RI Child Support

Details and Decision: Father was ordered to pay child support. Father failed to pay child support. After a hearing, father was incarcerated for failing to pay child support.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Thursday, July 22, 2010

Mother Ordered to Pay Child Support in MA Probate and Family Court

Family Law Attorney Rui Alves of Alves Law announces the details of a recent case decision by the Massachusetts Probate and Family Court in awarding child support to a custodial parent.

Issue: MA Child Custody/Support

Details: Father wished to relocated his two minor children to Rhode Island. Mother had physical custody of the minor children in MA. After a trial, children were allowed to move to Rhode Island with father.

Decision: Mother was ordered to pay child support.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Friday, July 16, 2010

Push to Ensure Injury Awards from Insurance Companies Starts in RI with Allstate Verdicts

There were substantial financial discrepancies in insurance company offers, and trial jury verdicts in 2009. The news is optimistic however, in terms of opening the door for personal injury victims to finally receive the amounts their cases are worth for damages, especially relating to soft-tissue injuries.

Although RI Family Law Attorney Rui Alves had no involvement in any of these cases, he feels that they have valuable information, and are important enough to report here. Some of the most notable examples from these cases are summarized below.

In 2009, a Massachusetts attorney represented a client who was injured in an accident. Allstate insurance company initially offered the client $10,000.00 to settle the matter before trial. The client incurred $2,700.00 in medical bills, and missed two days of work. The jury in this case awarded $97,000.00 to this client.

We may naturally ask, why such a large discrepancy between what the insurance company would offer pre-trial, and what the jury awarded. One could assume that if the insurance company knew that these cases would turn into such huge financial awards, perhaps they would offer more at the onset to eliminate both the time and money involved in pursuit of a trial.

In another instance, the Providence County Superior Court awarded a Providence auto body establishment, represented by a local attorney in a claim for property damage, a judgment against Allstate citing that the company must pay the Plaintiff the proper book value amount for the vehicle loss of $13,343.00, and not the original $3,700.00 initially offered.

In part, it is inferred, this disparity exists because the insurance company does not view 'soft tissue' injuries as particularly debilitating or lingering; a speculation that trial lawyers and champions of these injured parties are vehemently challenging on a national scope.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Thursday, July 15, 2010

Mother Allowed to Relocate to RI With Child

Child Custody and Support Lawyer Rui Alves secures relocation allowance for mom with sole custody.

Issue: MA Child Custody/Support

Details: Mother wanted permission to relocate the child to Rhode Island. The parties had shared legal custody of the child. After successfully obtaining a guardian ad litem, mother was allowed to relocate to Rhode Island and awarded sole legal custody of the minor child.

Decision: Father was ordered to pay child support.


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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Monday, July 12, 2010

Personal Injury Cases were great examples of why Personal Injury Attorneys are so important in settlements

2009 represented a year that clearly showed how having proper representation by a Rhode Island Personal Injury Lawyer could mean the difference between settling for an unworthy amount and truly recouping for your losses. PI Attorney Rui Alves found this case below representative of the types of cases where someone wrongfully injured is entitled to deserved compensation.

Case in 2009:

A patron is beaten by bouncers outside of the Foxy Lady Nightclub sustaining severe injuries requiring hospitalization, extensive therapy and leaving lingering pain and disability.

The insurance company for the club practiced flat out denial that the incident even happened. While the Plaintiff saw damages in excess of $24,000.00 for injuries ranging from subdural hemorrhage, and sustained headaches and blurry vision thereafter.

The jury in the presiding Justice's court came back with a verdict awarding the Plaintiff $300,000.00 plus interest of 108%, for a total of $624,000.00. This sends a clear and compelling message that it will no longer be ‘business as usual’ for insurance companies when there are injured human beings involved.


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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Divorce Attorney Rui Alves has MA Family Court Order Father to Pay Support

Family Law Attorney Rui P. Alves secured the following decision for a client in Massachusetts Probate and Family Court.


Issue: MA Child Custody/Support

Details: Mother allowed to move to Massachusetts from Rhode Island with her newborn child. Father contested that Rhode Island was the correct court. After going to MA Court, MA was established as the proper court.

Decision: Father was ordered to pay child support.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Wednesday, July 7, 2010

New Rhode Island Family Court Judge Sworn In

Family law Attorney Rui P. Alves of Alves Law found this article, from the Providence Journal website, about the recent swearing in of new Family Court Judge Karen Lynch Bernard to be very informative.

The full article follows below.


Karen Lynch Bernard sworn in as R.I. Family Court judge
June 25, 2010
By W. Zachary Malinowski
Journal Staff Writer

PROVIDENCE — An outpouring of family, friends and state dignitaries crowded into the steamy State House rotunda Thursday to witness the swearing-in of Karen Lynch Bernard as an associate justice of the state Family Court.

The ceremony, often interrupted with moments of levity, was a tribute to Lynch and her large extended family that has been a fixture in Warwick and in courtrooms across the state for decades. After Governor Carcieri introduced her as the newest state judge, Lynch kissed her husband, Bob Bernard, and hugged her three children.

She inched her way to the lectern and immediately paid homage to her parents, John D. Lynch, a prominent divorce and defense lawyer, and her mother, Pat.

Lynch is one of the couple’s 10 children.

“I could never thank you enough for the help and guidance you have given me over the years,” she said.

Lynch, has practiced family and juvenile law as a partner with her family’s firm, Lynch Bernard and Lynch, in Warwick. She is the newest Family Court judge and she replaces retired Judge Howard I. Lipsey.

Her first assignment will be in Family Court in Newport.

The swearing-in was a celebration of a local woman with strong Warwick ties who had made it to the top of the legal profession.

Francis X. Flaherty, an associate state Supreme Court justice from Warwick, served as the master of ceremonies and he reminisced about his days as Warwick mayor when Lynch served as the first woman in the city solicitor’s office.

“Karen, by virtue of your hard work, integrity and intelligence,” you have earned the right to serve on the Family Court bench, Flaherty said.

Also on hand for the invocation was the Rev. Brian J. Shanley, president of Providence College where, in 1985, Lynch earned her bachelor’s degree. “We are very proud of Karen, and I’m honored to be here today,” he said.

Others among the more than 200 in attendance were retiring Chief Family Court Judge Jeremiah S. Jeremiah Jr., Supreme Court Chief Justice Paul A. Suttell and dozens of other judges and elected officials.




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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.