IF I'VE BEEN HURT WHAT SHOULD I DO NEXT ?

1. GET MEDICAL HELP - If it’s an emergency get to the hospital as soon as possible or call 911 for a rescue.

2. GET LEGAL ADVICE - Before calling your insurance company or talking to the other persons insurance company Call Jim Donelan at 401-461-1500. You should not discuss your injury or the way it happened until you have consulted a lawyer. The statements you make might be incomplete or taken out of context and be harmful to your claim at a later date. Do not sign any papers or agree to any settlement, as this may affect your right to pursue your claim. Always seek competent legal advice first.

3. GET THE RIGHT DOCTOR - Jim Donelan can assist you in finding the doctor that can best treat your injuries, even if you don’t have medical insurance. Some injuries from a car crash are very subtle and never go away. They have to be diagnosed quickly to protect your rights to compensation and get appropriate treatment. Treatment may last for months or years if the injury is permanent.

4. FILE A STATE ACCIDENT REPORT - If someone is injured or the damage to the vehicles exceed $1000 you are required by law to file a state accident report. Jim Donelan’s office will help you complete the form and file it with DMV. Here’s a link to the state accident report that must be completed and filed within 21 days after the accident. http://www.RICarCrash.com/accident_report.html

WHAT IF I DON’T HAVE HEALTH INSURANCE?

Don’t worry! . . . . Many doctors will provide treatment if they know they are protected. Jim Donelan has helped many clients that don’t have medical insurance get competent medical treatment. If you or someone in your family has been injured, you should seek Jim Donelan’s advice as soon as possible to see if you have a personal injury claim.

DO I HAVE A CLAIM ?

Many times Jim Donelan can determine if you have a valid claim after the initial interview. After reviewing the police report and witness statements he’ll advise you whether the claim is valid and determine who is at fault. In Rhode Island fault is determined on a percentage basis. A person who is 100 percent at fault for your injuries is responsible for 100 percent of your damages. For example a person who goes through a stop sign or red light and strikes your vehicle is 100% at fault. Their insurance company will pay 100% of your damages.

WHAT ARE MY DAMAGES ?

Generally speaking your damages are dependent upon the extent of your injuries. The areas you are entitled to receive compensation for are the following:

MEDICAL BILLS - Bills for services connected with your accident include: rescue and ambulance bills, hospital treatment, emergency room physicians, cervical collars, canes, crutches, orthopedic doctors, internists, chiropractic care, physical therapy, prothstetic devices, Test that may include x-ray, MRI, “CAT” (CT)or bone scans, blood work.
Expenses related to general surgery or arthroscopic operations will be paid if they are accident related.

LOST WAGES - IMPAIRMENT OF EARNING CAPACITY
If you lose time from work because you’re disabled or going to therapy, you will be entitled to receive the wages you lost. Even if you are unemployed at the time of the accident and can show you have a capacity to earn a wage but were unable to look for work while you were injured Jim Donelan will get you compensated. In Rhode Island most workers are entitled to receive Temporary Disability Benefits from Rhode Island’s Temporary Disability Insurance program if you’ve paid into the fund. Jim Donelan will help you apply for TDI benefits. Call Jim at 401-461-1500 . Or apply online. Here’s a link to the program http://www.dlt.ri.gov/tdi/

PAIN AND SUFFERING - This item of damages is dependent upon your period of total and partial disability and the nature and severity of your injuries.

WHAT ARE MY DAMAGES IF THE INJURY IS PERMANENT ?
In addition to the above damages you may be entitled to compensation for the injuries.

SCARRING AND DISFIGUREMENT - Compensation for disfigurement depends upon the nature and location of your scar. If you’ve lost a hand, limb or finger in a car accident that will also be a permanent partial disability that you are entitled to be compensated for.

FUTURE MEDICAL BILLS - We try to determine the extent and cost of future treatment and request the compensation you will need.

FUTURE PAIN AND SUFFERING - This compensation will also depend upon several factors including the severity and length of time you may suffer in the future.

I’M UNABLE TO WORK. WHAT DO I DO FOR INCOME ?

In Rhode Island most workers pay into Rhode Island’s Temporary Disability Insurance fund, more commonly known as TDI. We’ll help you file a claim so you’ll have income while you’re out of work.
Here’s a link to the program http://www.dlt.ri.gov/tdi/ Here’s a link to the application for benefits and the online application: https://uiclaims.state.ri.us/tdionline/

TIP - Remember many employers have private disability insurance as a benefit for their employees. Check with your human resource department to see if you’re eligible for benefits while you’re disabled.

WHAT IF I’M PARTIALLY AT FAULT ?

Even if you are 10, 20 or 30 percent at fault you are still entitled to collect 70, 80 or 90 percent of your damages. Rhode Island is a pure comparative negligence state and you are entitled to collect the percentage of your damages for the percentage that the other party is at fault.

In complex automobile accident cases, Jim Donelan may engage experts in engineering or accident reconstruction to help in determining the possible merits of a claim. To schedule a consultation regarding your auto accident, car crash contact Jim Donelan today.

WHAT SHOULD I DO IF THE INSURANCE COMPANY
CALLS ME ?

If you have been injured, do not discuss your injury or the way it happened until you have consulted a lawyer. The statements you make might be incomplete or taken out of context and be harmful to your claim at a later date. Do not sign any papers or agree to any settlement, as this may affect your right to pursue your claim. Always seek competent legal advice first. Call Jim Donelan at 401-461-1500.

WHAT ARE YOU GOING TO CHARGE ME ?

The first visit is FREE OF CHARGE. If you do have a claim and we are successful in obtaining you compensation we charge the standard fee of ONE-THIRD of what we recover for you plus costs. It’s called a contingent fee. It’s based upon us getting a settlement or award of money damages for you. If we don’t get compensation for you we don’t charge a fee. We also don’t charge a fee in helping you get the damage done to your car fixed or get the fair market value of your car if it’s totaled. WHAT ARE COSTS ? Costs are expenses, such as costs to obtain medical records, court costs, and expert witness fees, involved in bringing a personal injury claim. Once Jim Donelan has evaluated your claim and decided to pursue it, he advances all litigation expenses. You don’t pay these costs until the end of the case.

WILL YOU MAKE HOUSE CALLS ?

Not only will we come to your house if you are unable to get out of bed or get a ride, we’ll even visit you in the hospital at your request.

HOW MUCH OF MY TIME WILL THIS TAKE ?

After the first interview we do most of the work. Typical we initially investigate the accident, gather the police reports and make sure the responsible parties have insurance. We also make sure you have a rental vehicle while your vehicle is being repaired or replaced. While you’re treating with the doctors or physical therapists we start collecting the hospital and medical reports and bills and monitor your treatment until you’re finished with the doctors. Once you’re finished with treatment we collect the final reports and bills and prepare our demand for settlement to the insurance companies of the responsible parties. If we are unable to settle your claim we will initiate suit. We will need you to answer interrogatories and maybe attend a deposition. This is part of the process and does not require much of your time.

WILL I HAVE TO GO TO COURT ?

Most cases are settled. So the likelihood of you going to trial is minimal. You will not have to go to court unless your case cannot be settled and must be tried.

WILL I HURT THE PERSON I'M SUING BY BRINGING A
PERSONAL INJURY CLAIM ?

Almost all personal injury claims are defended by insurance company lawyers and paid by insurance companies. So the person or corporation you sue will not have to pay any money out-of-pocket. A personal injury claim is a civil case, not a criminal case, and the defendant will not go to jail because of the claim.

HOW LONG DO I HAVE TO FILE A CLAIM ?

Usually in Rhode Island it’s 3 years from the date of the accident. However it may be longer if you’ve been injured by a hit and run vehicle and you’re seeking compensation from your uninsured motorist insurance coverage. It’s also longer if it’s an infant, child or someone under the age of 18 years old that’s been hurt or injured.

WHY SHOULD I BRING A PERSONAL INJURY CLAIM ?

If you are injured through the fault of someone else, you are entitled by law to compensation for your injuries. This compensation is available not only for expenses you have already incurred, but for losses you will suffer in the future. If you or someone in your family is severely injured, this compensation can protect against changes in family situations, so that the injured person's future is secure. Also, by bringing a claim you may be able to prevent similar injury from happening to someone else.

WHAT IF MY HEALTH INSURER PAID MY MEDICAL BILLS ?

You are entitled to compensation for your medical bills regardless of whether or not they have been paid by your health insurer. In addition, you may be entitled to compensation for many other aspects of your injury, such as lost earning capacity, scarring or disfigurement, future medical expenses, and pain and suffering. If your health insurance has paid some of the medical bills we will reduce the amount of money they are seeking for reimbursement.

WHAT IS THE VALUE OF MY CLAIM ?

The value of your claim depends on a wide variety of factors, such as the severity and permanency of your injury, the amount of your medical expenses, the liability of the defendant, and whether the case is to be tried or settled. It is impossible to estimate the value of a claim until the case has been fully investigated from all aspects, and sometimes its valuation may fluctuate depending upon developments during the course of the litigation. You should be wary of anyone who tries to tell you the value of your claim at an early stage. After we have completed a thorough investigation of your case, we are in a position to offer you our opinion as to the value of your claim. If the insurance company offers to settle your claim, we will discuss the proposed settlement with you, and give you our advice about whether to accept the amount offered. Of course, the ultimate decision to accept an insurance company's offer of settlement or to allow a jury to determine the value of your injuries is always up to you.

IF I HAVE A CLAIM, HOW LONG WILL IT TAKE ?

Once you’re finished treating with the medical care providers we usually submit a demand for settlement to the insurance company within 30 days of receiving all of the medical reports and bills. We then discuss your case with the insurance company to determine if the case can be settled without having to file suit. If we disagree with the insurer on the value of compensation you are entitled to receive, we either file suit or place the matter in arbitration. Arbitration can be much quicker than going to court and may only take a few months to have your case heard. If a lawsuit is filed, the length of time depends on how crowded the court calendar is, and whether the insurance company is willing to settle the claim before trial. Most cases take between one and four years to complete if suit is filed.

Call Jim Donelan if you have any other questions at 401-461-1500.