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.
Attorney Rui P. Alves: Providing service as a Divorce Attorney and Criminal Defense Lawyer in RI and MA, as well as Criminal Defense and Estate Law. 401.942.3100
Monday, July 26, 2010
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.
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.
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.
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.
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