Personal Injury AUTOMOBILE AND MOTORCYCLE ACCIDENTS
How do you know if you have a claim for compensation?
1. First, a driver of an automobile owes a basic duty to other travelers to operate his or her vehicle in a reasonably safe manner. The law of each state establishes more specific duties as well. In our example, many states have laws that require a driver to keep a reasonable distance behind other cars in traffic.
2. Second, a breach of the driver's duty must be established by the facts. This second element of the case is more commonly referred to as negligence. In our example, if the facts establish that the driver behind you was following too closely behind the vehicle you are in, then the driver has breached his or her duty to keep a reasonable distance behind you.
3. Third, the breach, or negligence, of the driver must cause the accident. In our example, the fact that the driver was following too closely must also be the direct and proximate cause of the accident. The question becomes whether the driver's action was the most substantial factor in causing the accident.
4. Fourth, the negligence of the driver must cause you injury. In our example, you must establish what injuries are caused by the negligence of the driver. Once the nature and extent of the injuries are determined, then we can aggressively pursue fair, just and reasonable compensation for you.
What is fair, just and reasonable compensation?
Although no formula exists to determine fair, just and reasonable compensation, we use our experience to advise our clients. We analyze the nature and extent of the injuries, the medical bills, lost wages, permanent impairment if diagnosed by a doctor, as well as your emotional pain and suffering. Ultimately, we must understand how the injury has impacted your life while recuperating and how the injury may impact your life into the future.
Do I have to take my case to a jury to get compensated for my injuries?
Not every case goes to a jury. Settlement prior to going to court is a very common way for cases to resolve. By preparing as though your case is going to trial, we believe that you will be in the best position to settle for a fair, just and reasonable amount, or take your case to court. We also believe that being prepared helps you make intelligent, informed decisions as a client.
Will I need an expert witness?
Attorney Cusick will make use of expert witnesses to prove his client's case. He has utilized all types of experts including accident re-constructionists, doctors, economists, and vocational rehabilitation specialists. Each case requires careful review to determine whether an expert is needed, and the appropriate expert to hire. Not every case will need an expert, but if there is a need, Attorney Cusick will endeavor to fill it.
Attorney Cusick's philosophy is to be prepared. His mission is to communicate, counsel and enlighten his clients and to achieve results. By being prepared, together, we can achieve. If you believe that you have been a victim of an automobile, motorcycle, or boat accident, or have questions regarding your legal rights, contact the Law Office of Attorney Cusick. 401-265-6325
SLIP AND FALL INJURIES
If you have fallen on someone else's property and have been injured as a result, you may have the right to pursue a claim for compensation as a result.
To determine whether you have a claim, the same basic principles apply to slip and fall accidents as motor vehicle accidents. However, you must also prove a few additional elements in order to succeed. So, let's look at the law at work when someone slips and falls.
Let's assume someone falls on wooden steps leading to the back entrance of their neighbor's home. One of the steps was improperly secured and came loose when stepped on, and this caused the fall. Two major points have to be shown in addition to the law of negligence described in our Automobile Accident section:
1.Defective Condition: First and foremost, the injured person needs to identify specifically what caused the fall, and the cause of the fall must be from defect on the property. In our example, the improperly secured step is the defect that caused the fall.
2.Notice: Second, the property owner must have had notice of the defect, and then failed to correct the problem within a reasonable time after receiving notice. In other words, the injured person must establish that the property owner either knew or should have known of the defect that caused the injury, and failed to remedy the defect within a reasonable amount of time prior to the fall. In our example, the injured person would have to show the property owner either knew about the improperly secured stair or should have known about this defect, and did nothing to repair it.
What qualifies as a defective condition on a property?
A defect on a property is an unreasonably dangerous condition which poses an unreasonable risk of harm to people on the property. The determination as to what poses an unreasonable risk of harm depends on the specific circumstances of each case.
How is notice proven?
In some instances, notice may be established by documentation showing that the property owner was notified of the defective condition. In other cases, witness testimony may establish the length of time a defect existed on the property or indicate that the property owner was made aware through verbal communications of the defect. In other situations, the defect itself may provide insight as to the length of time it existed, thereby establishing that the property “should have known” about the problem.
If you live in a rented property, and know of a defective condition on the property, you should put your landlord on notice of the defect in writing. Keep a copy of the letter you send, and, if possible, send the letter by certified and regular mail. Send the letter as soon as you become aware of any problem, and ask for the problem to be fixed.
Do the defect and notice rules apply if I fall on snow and ice?
These rules apply and more. Each state will have different rules regarding cases involving snow and ice. Some states require you to show that there was an unnatural accumulation of snow and ice before you may make a claim. Other states define what a reasonable time period is for a landowner to clear snow and ice after the last snow falls.
Attorney Cusick's philosophy is to be prepared. His mission is to communicate, counsel and enlighten his clients and achieve results. By being prepared, together, we can achieve. If you believe that you have been a victim of a defective condition on a property, or due to snow and ice, please contact the Law Office of Attorney Cusick to discuss the specifics of your case. 401-847-0175
Your neighbor's dog just bit you and you're not sure what to do next. You need to know right away if you have a claim and what steps to take. Let's look at the law at work, so you know what your rights are as a victim of a dog bite.
1. Many states have laws that state the owner of a dog is responsible for injuries caused by the dog under a strict liability theory. In other words, you only need to prove that the dog injured you to be successful.
2. The defenses to strict liability claims for dog bites usually include teasing, torturing or taunting the animal or trespassing on the dog owner's property.
3. You must prove that you were injured as a result of the dog bite and prove what the injuries are.
4. Scarring is all too often an injury caused by a dog bite. To understand the full nature and extent of the scarring, some time may have to pass for the wound to heal and the scar to form before you know what any permanent marks are left on your body. Patience with the healing process is important.
What should I do if I have been bitten by a dog?
1. After getting the appropriate medical attention, take photographs of your injuries as soon as possible after the attack.
2. Call an attorney to discuss your options.
Attorney Cusick's philosophy is to be prepared. His mission is to communicate, counsel and enlighten his clients and achieve results. By being prepared, together, we can achieve. If you believe that you have been a victim of a dog bite, please contact the Law Office of Attorney Cusick to discuss the specifics of your case. 401-847-0175
Regardless of whether the matter begins with a criminal charge or investigation, obtaining aggressive legal representation immediately is critical. Learning your rights and options will help avoid or minimize any adverse consequences.
But that's only half the story.
The other half of the criminal conviction story is about consequences that the world-at-large can impose on you long after your official sentence has been served.
A conviction on criminal charges can not only mean the loss of your freedom, it can mean the loss of many future opportunities, including those affecting your education, business and career aspirations. We understand those things and we stand by you in fighting to protect your rights and future. Start your defense right now.
Attorney Cusick provides strong criminal defense representation to people facing felony and misdemeanor charges of all types, including:
Criminal Record Expungement
Domestic violence and neglect
White collar crimes
Assaults and domestic violence
We feel strongly that what makes our criminal defense practice different from other firms' is that we take the job of informing and preparing clients for what's ahead as seriously as we do the task of preparing their defense and aggressively representing them in court.
In doing that, Attorney Cusick spends significant time getting to know the people he will be defending, in going over the facts, and in explaining the law and helping clients understand what their legal rights and options are, given their situation. In real terms this translates into a more thoroughly prepared case, more effective criminal defense strategies and ultimately a more compelling case for an acquittal, dismissal or favorable plea agreement.
Protect your rights.
Talk to Attorney Maurice Cusick about your criminal law concerns today 401-847-0175
Personal Injury & Criminal Defense