If you or a loved one suffered injuries in a crash caused by a negligent driver, you might be entitled to damages. Unfortunately, recovering those damages is rarely as easy as it should be. To get the compensation you deserve, you have to gather evidence, often prove liability, and negotiate with insurers, all while attempting to recover from your injuries.
A car accident lawyer serving Johnston, RI can help you. At Chisholm Chisholm & Kilpatrick LTD, our focus is getting you the compensation you deserve. We know how to fight the insurer to get you compensation for your injuries.
We do not get paid until we recover compensation for you. The consultations are free and carry no obligation. Call us today to discuss your case: 401-331-6300.
Do I Have a Valid Case?
To hold another party liable for your damages, they must have been negligent. Proving negligence requires establishing the following four elements:
- Duty of care: The driver must have owed you a duty of care. As drivers owe all road users the duty to drive safely, establishing this is straightforward.
- Breach of duty: The driver must have breached that duty. This could involve breaking a law (e.g., driving while intoxicated, speeding, running a red light, etc.) or otherwise behaving without due care (e.g., driving while distracted).
- Causation: The breach must have caused your accident and injuries. For example, the other driver ran a red light and T-boned your car, causing you to suffer spinal cord injuries.
- Damages: You suffered physical, financial, or emotional injury (e.g., medical bills, lost wages, pain and suffering, etc.)
Why Should Car Accident Victims Hire a Lawyer in Rhode Island?
Without legal representation, you could be left on your own to identify the liable parties, prove liability, and negotiate with the insurance company, all difficult and stressful tasks, particularly for someone not familiar with the process.
With a car accident lawyer from Chisholm Chisholm & Kilpatrick LTD, we take up these fights for you, giving you an aggressive teammate with which to take on the insurance company and the responsible driver. And remember, there is no risk to you, because you do not pay us for our time, only for results.
The key to a successful car accident case is establishing the other party’s liability. Unfortunately, in many cases, the other party’s insurer may claim you caused or contributed to the accident. We work to determine how the accident happened.
However, even if you contributed to the accident, you can still recover compensation under Rhode Island’s comparative negligence law. However, your fault will typically decrease your compensation. For example, if you are 20 percent at-fault for the accident, you may be only able recover a maximum of 80 percent of your damages (e.g., if your damages are $10,000, you may be able to recover $8,000).
Communicating and Negotiating with the Insurance Company
Following a car accident, there is arguably nothing more stressful than dealing with the insurance company. The worst part is, the insurance adjuster can seem quite helpful, often calling as soon as the day after the accident, expressing their desire to help.
However, the adjuster may be only pretending to want to help you, hoping you will say something the insurer can use against you. It is best to speak with your lawyer before you speak with the insurance company. The insurance company can use anything you say against you.
And if they offered you a settlement within days of the accident, that settlement may be much less than you deserve. Most cases require investigation and time for your injuries to heal (or at least a medical prognosis) before the full amount of damages are known.
How Much Is My Car Accident Claim Worth?
When we investigate your crash and tabulate your damages, we might determine that you are eligible to receive compensation for any of the following:
- Current and future medical bills;
- Lost income;
- Reduced capacity to work;
- Pain and suffering.
For a Free Consultation with a CCK Team Member, Call 401-331-6300
The personal injury team at Chisholm Chisholm & Kilpatrick LTD is eager to help you win the compensation you deserve for your car accident injuries. Contact us now to see if we can help. For your free consultation, call 401-331-6300 today.
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