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Rhode Island Car Accident Injury Arbitration vs. Trial

David Bazar — Tue, 27 Oct 2009 10:23:19 GMT

It's the classic question in trial law: Do I choose arbitration or litigation for my case?

There are pros and cons to both, as with any choice between two options, and depending on the specific case, one choice may be better than the other. Here is some information about arbitration and litigation (going to trial), so that you can decide which option is best for you.

Arbitration

According to the Law.com dictionary, "arbitration" is defined as:

A mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. To avoid clogged court calendars the parties often agree to have the matter determined by a panel such as one provided by the American Arbitration Association (which has a specific set of rules), a retired judge, some other respected lawyer, or some organization that provides these services. Usually contract-required arbitration may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud. Many states provide for mandatory arbitration of cases on a non-binding basis in the hope that these "mini-trials" (proceedings) conducted by experienced attorneys will give the parties a clearer picture of the probable result and lead to acceptance of the arbitrator's decision.

Basically, arbitration is when both parties go before a person or group of people (who are not judges), and have their case decided outside of a courtroom. Usually, the decisions made in the arbitration are binding, and converted into a full legal judgment, although many states now allow non-binding arbitrations so that both parties can get a better idea for how a real court would rule, with the hopes that both parties will then willingly submit to the arbitrator's ruling.

Arbitration Pros

1) Arbitration is done outside of a courtroom, and by a non-judge, and so arbitrated cases can often be addressed and decided much more quickly (think weeks or months instead of years) than if a court trial were pursued.

2) Arbitrations also usually cost less, since they take less time, and there is usually less discovery.

3) Arbitrations are confidential, since they are not held in a public courtroom

4) You usually have input into the selection of the arbitrator.

Arbitration Cons

1) Arbitrations are becoming more expensive, as they become more popular

2) The results are usually binding, and there is no option for an appeal as there would be in a case decided at trial.

3) If the arbitration is not binding it may not lead to a resolution of the case.

4) The Rules of evidence may be relaxed.

Litigation

Law.com defines "litigation" as "any lawsuit or other resort to the courts to determine a legal question or matter." The pros and cons for litigation are fairly close to being opposite of the pros and cons for arbitration.

Litigation Pros

1) Litigation has clearly defined rules of procedure that allow for an appeal if you believe the trial court mishandled your case.

2) All legally-obtained evidence can be used in the decision-making process.

3) The jury is impartially chosen, so both sides have less of an ability to sway the legal process.

4) Experienced attorneys are used more in trials than arbitration, so you can have an experienced legal expert make your case for you.

Litigation Cons

1) Trials are usually more expensive than arbitrations.

2) Trials usually take longer, since the courts are so backed up.

3) The process is public, not private, so any embarrassing information about you that is brought up in court is not confidential.

If you are in need of a quicker settlement, either for medical or personal reasons, and you can't afford the cost of a drawn-out court case, arbitration may be the better solution for you. However, if you have the time and money to invest in a court case, are involved in a case that involves a big company, or are hesitant about being bound to the results of arbitration, then you may want to pursue litigation instead.

In Rhode Island, most cases filed in Superior Court must be submitted to non-binding arbitration before being reached on the trial calendar. While either side may reject the decision of the arbitrator and have a trial before a jury, the use of this form of alternative dispute resolution has greatly increased the chance of settlement before trial.

Originally posted at InjuryBoard by David Bazar

295 Rollover Accident Brings Seatbelt and Car Seat Use To Forefront

Robert Audette — Fri, 04 Sep 2009 11:40:20 GMT

Seat belts and car seats have long been touted as providing an essential safety function in the event of a vehicle accident. On September 1, 2009, on Route 295, a jarring tragedy served as another reminder of this fact.

Three women were riding in a Mercedes SUV when it lost control and rolled over. All three women were ejected from the vehicle in the accident, and preliminary evidence indicates that none of the women was wearing a seatbelt. Also in the car were three children aged eight months and one and two years. All three children were in the vehicle when emergency crews arrived on scene - still buckled into their car seats. The three children were treated for minor injuries at the scene. The accident is still being investigated. Police identified the victims Wednesday.

Sheila A. Armstrong, 23, of 189 Hunts Ave., Pawtucket, who was driving the Mercedes sport utility vehicle, was pronounced dead at Rhode Island Hospital, according to the Rhode Island State Police. Passenger Kayla R. Pine, 21, of 1644 Main St., West Warwick, was also pronounced dead at Rhode Island Hospital.

Another passenger is now in serious condition at Rhode Island Hospital. She is Claire L. Narvaez, 23, of 203 Sayles Ave., Pawtucket. She remains in the trauma and intensive care unit at Rhode Island Hospital, according to the state police.

This tragedy may have been lessened. Accidents such as this one occur every day in the United States and serve as grim reminders of the dangers of not buckling up. For the three children, their lives were saved in this accident, likely solely because of their car seats. It is critical that all children be buckled up either in car seats, booster seats or, if their height and weight permit, with adult seatbelts. Just as critical is ensuring that booster seats and car seats fit child passengers properly and that they are installed properly. Many fire stations and some hospitals offer assistance to drivers to insure that safety seats are installed properly.

For drivers, be sure you always wear your seatbelt, and begin a habit of insisting that all passengers in your vehicle are also buckled up. This is not only for your safety but also because many states now have laws which permit an officer to pull a driver over simply for failing to wear a seatbelt. Adjust the seatbelt, if you are able, to fit comfortably since a comfortable seatbelt is a seatbelt which is more likely to be worn.

The accident on the 295 is a terrible tragedy, and the lives of the victims’ families will never be the same because of it. The light of hope out of this incident is that the three children survived with only minor injuries and can be ambassadors, simply by their survival, of the benefits of taking those few extra seconds to buckle up.

Originally posted at InjuryBoard by Robert Audette

Man Dies after Rhode Island Surgeon Operates on Wrong Side of Head

Courtney Mills — Fri, 24 Aug 2007 15:56:24 GMT

A man has died a few weeks after his neurosurgeon operated on the wrong side of his brain.

As an emergency operation at Rhode Island Hospital was underway to stanch bleeding in a patient's brain, Dr. Frederick Harrington's nurse practitioner allegedly neglected to record which side of his patient's head needed surgery. According to reports, when another nurse pointed out what required information was lacking, the doctor proceeded without consulting any patient charts and operated on the wrong side of the brain. When the doctor realized what he had done, he righted himself and operated on the correct side of the brain.

The hospital suspended Dr. Harrington's surgical privileges pending a review into the incident. State health authorities are also looking into the botched operation. According to the Boston Globe, this is the third wrong-side surgery error at Rhode Island Hospital's neurosurgery unit in six years.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Courtney Mills

Know Symptoms of Salmonella Poisoning from Peanut Butter

Shannon Weidemann — Tue, 20 Feb 2007 15:05:20 GMT

The recent recall of peanut butter made by ConAgra may have you wondering if you should throw out all peanut butter and what to look for. Specific lots of peanut butter made at the plant may have been contaminated with Salmonella.

It does mean that consumers should check the brand and product code of peanut butter they have on hand and, if it matches the recall, discard the potentially contaminated product.
The potential contaminant, Salmonella Tennessee, can cause foodborne illness, Blakeslee said. Symptoms, which include fever, diarrhea and abdominal cramps, typically appear within 12 to 72 hours after ingestion. The illness usually lasts four to seven days and most people recover without treatment. Those with severe diarrhea, however, may need to be hospitalized.
Salmonella can be particularly dangerous for children, whose immune systems are not yet fully developed, older adults whose immune systems are weakened by age and others who may be suffering from chronic illness or undergoing medical treatment such as chemotherapy that has weakened their immune system.

If you suspect you have salmonella poisoning contact your doctor and preserve the jar of peanut butter for testing.

Originally posted at InjuryBoard by Shannon Weidemann

Device Helps Connecticut Merchants Detact Fake Ids

Shannon Weidemann — Tue, 27 Feb 2007 20:08:22 GMT

The Greenwich Coalition to Combat Underage Drinking passed out plastic sleeve decoders to all of the businesses in Greenwich that have a liquor license. The device shows hidden markings on a legitimate driver's license.

"It's a piece of plastic which fits over the license and reveals hidden information which the DMV puts on the license," Girard said. "I've gotten very positive feedback from liquor merchants and restaurant owners."
Girard said the long-available technology offers liquor vendors throughout town another tool to turn away underage drinkers.
Girard researched the lens when a joint check between police and the state Liquor Commission found that 40 percent of town liquor stores sold to minors who did not have proper identification.

The penalty for selling alcohol to an underage minor can be very stiff. Business owners are glad they now have an easy tool to use to help them out.

Originally posted at InjuryBoard by Shannon Weidemann

RI Hit and Run Automobile Accident - Part II

David Bazar — Thu, 29 Oct 2009 16:23:14 GMT

This discussion began with the story of a Providence man who hit three people with car and drove off with one of the people impaled in his windshield. The same issues could have been raised by the story reported by NBC10 of the West Greenwich man who hit a State Police cruiser while text messaging.

I left off with the issue of uninsured or underinsured motorist insurance coverage. In Rhode Island if the driver of the hit and run vehicle is never identified or is uninsured, then you can pursue a claim for your personal injury damages against the uninsured motorist portion of your insurance policy. Interestingly, if the driver is not identified you will not be able to pursue an uninsured motorist claim for property damage.

If the driver who caused the injuries has insurance, but not enough to fully compensate the injured party for their damages, then underinsured motorist (UIM) coverage will apply. In Rhode Island an injured person is entitled to the full value of their damages and can collect the difference between the damages and the coverage available from the hit and run driver's (liability) policy. For example if you sustain damages in the amount of $100,000 and the liability policy of the other driver has a limit of $25,000, then you can collect up to $75,000 on your UIM policy as long as your policy limits are sufficient.

The moral of the story: Be careful and attentive when you get out of a car on the side of a highway and make sure you have uninsured/underinsured motorist coverage.

Originally posted at InjuryBoard by David Bazar

Careful Using Space Heaters During the Winter

Jenny Albano — Sun, 18 Nov 2007 21:16:11 GMT

Space heaters can pose a significant risk of fire or electrical shocks if they are not used properly and safely. Space heaters are the leading cause of home fires during December, January and February-but such disasters can be prevented with a few simple precautions.

When used improperly, space heaters-gas-fueled, kerosene-fueled or electric, fixed or portable, wood stoves and fireplaces can all lead to fires. Portable kerosene heaters, which are illegal in some states, have the highest rate of fire deaths per household. Room gas heaters pose a similar risk of death from unvented carbon monoxide.

If you are in the market for a space heater this winter you should follow these safety tips from the Association of Home Appliance Manufacturers.

â€¢ Make sure and read the instructions and warning labels before using the heater.
â€¢ Place the heater on a level, flat surface, so that it cannot fall or become damaged.
â€¢ Do not use the heater in a damp or wet area unless it is designed for outdoor use or in bathrooms.
â€¢ Keep combustible materials, like furniture, bedding, curtains, at least 3 feet from the heater. Also, do not block the air intake or outlet on a heater.
â€¢ Don't use a heater near any flammable materials such as paint, matches, etc.
â€¢ Make sure the heater is out of the reach of children and pets.
â€¢ Check for a secure plug/outlet fit and if the plug does not fit perfectly into the outlet or if the plug becomes very hot do not use that outlet.
â€¢ Never plug another electrical device into the same outlet or extension cord as your heater because it could result in overheating. Also inspect the electric cord occasionally so there is no safety risk.
â€¢ Never leave an operating heater unattended and make sure to unplug the heater when it is not being used.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Shaw's Supermarkets Beef Patties Recall Across New England

Courtney Mills — Thu, 06 Sep 2007 09:27:18 GMT

Fairbanks Farms, a large national retail supplier of ground beef patties and retail packaged meat products, has recalled certain lots of its packaged beef patties due to fear of E. coli contamination.

Fairbanks announced the recall of the beef patties in the New England distribution area on Wednesday. The patties might have been purchased by consumers between 7am and 11am in Shaw's Supermarkets across New England under the store's brand name label.

Most of the tainted meat supply was halted at Fairbanks storage warehouses before shipment to Shaw's Supermarkets, but some product did reach stores. Consumers are advised to throw out any Shaw's Supermarket meat purchased yesterday morning.

According to reports, Shaw's Supermarkets in Vermont, Rhode Island, Maine, Connecticut, New Hampshire, and Massachusetts received shipments of the affected beef patties, and the affected product was coded on the nutrition information label with a time stamp between 17:05 and 17:25.

E . Coli is a very serious gastrointestinal illness and can be fatal in young children, the elderly, and the immunosuppressed.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

RI Hit and Run Driver impales victim in windshield

David Bazar — Wed, 28 Oct 2009 16:54:35 GMT

Early Sunday morning was not kind to three people who were standing on the side of Route 95 exchanging information after a minor accident. While on the side of the road, a Providence man hit all three impaling one of the people in his windshield. According to ABC6, The driver was later found hiding in a closet.

This accident raises several interesting issues. Rhode Island has mandatory liability insurance which requires drivers to have at least $25,000/$50,000 coverage. This means that a driver must have coverage that provides at least $25,000 per person with a total of $50,000 per accident for any injuries caused by his negligence. Assuming the driver had the minimum insurance coverage required and the three victims have damages far in excess of the required coverage, they may have recourse against their own inusrance company.

Check in tomorrow when we discuss uninsured/underinsured coverage in Rhode Island.

Originally posted at InjuryBoard by David Bazar

Rhode Island Workers' Compensation Information

Margaret Embry — Thu, 14 May 2009 15:48:39 GMT

Workers' compensation is a type of no fault insurance to provide medical expenses and lost wages to employees who are injured while working. Employers are required to have workers' compensation insurance to cover these benefits.

In Rhode Island, the Division of Workers' Compensation monitors the workers' compensation syste.  Through the Rhode Island Division of Workers' Compensation website, you can find coverage, file a claim, access the Donley Rehabilitation Center (which provides physical and vocational rehabilitation services for injured workers), report fraud, report an employer without coverage, find medical fees, and more.  There are also links to the Workers' Compensation Court, the Medical Advisory Board, and the Department of Business Regulations, all of which are involved with workers compensation.

According to the United States Department of Labor, Bureau of Labor Statistics, there were 4,002,700 total recordable cases of nonfatal work-related injuries and illnesses in the United States in 2007. There were 5,657 fatal work-related injuries in 2007 nationwide.

Originally posted at InjuryBoard by Margaret Embry