The Answers You Need for the Questions You’re Forced to Ask

One of the worst aspects of pursuing a case—whether you’re fighting for injury compensation or trying to settle a divorce—is not knowing what to expect. Before you get yourself knee deep in the details of your case allow us to answer some of your questions first. We’ll help you be more fully prepared and more confident as you move forward.

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  • When will my workers’ compensation benefits end?

    It is understandable that you want your workers’ compensation benefits to cover as much of your injury recovery as possible. Under Rhode Island workers' compensation laws, you may be entitled to receive benefits for a few weeks, several years, or the rest of your life depending on the type and extent of your injury.

    Your Injury Determines Your Workers’ Compensation Benefit Period 

    Rhode Island Workers' Compensation Lawyers Kirshenbaum & Kirshenbaum

    When you file for workers’ compensation, the category of your payments and the amount you receive will change as your injury progresses. In the first phase of your workers’ compensation, you will receive payments for temporary total disability (TTD). You are considered completely unable to work during your recovery, but benefits will end once your doctor clears you to return to work.

    However, if you reach maximum medical improvement but still cannot work due to complications from the injury, your benefits may continue as:

    Scheduled permanent disability.

    If your injury is listed on the state workers’ compensation injury schedule, you are entitled to two-thirds of your average weekly wages for the number of weeks corresponding to the injury.

    Non-scheduled permanent disability.

    If your injury is not listed on the state workers’ compensation injury schedule, you may collect a percentage of your average weekly wages for up to 312 weeks. If your injury involves permanent disfigurement, your benefits may continue for up to 500 weeks.

    Total permanent disability.

    If your injury has left you permanently and completely unable to work, you may be entitled to permanent total disability (PTD) benefits. These benefits continue indefinitely as long as you continue to meet the disability qualifications. However, you will likely need a lawyer to prove the extent of your injuries and how they prevent you from earning a living.

    Have You Been Injured On The Job In  Rhode Island?

    If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help work injury victims in Providence, Warwick and all areas of Rhode Island.

     

  • How much does it cost to get divorced?

    If you are planning to divorce your spouse, you may have already budgeted for the costs of filing fees and legal help. However, there are many other costs beyond attorney fees and court costs—and people are often shocked at the amount of unexpected expenses. Prevent making common mistakes during the divorce process by planning for these hidden costs. Cranston Rhode Island Divorce Lawyer Kirsehnbaum and Kirshenbaum

    Be Prepared for Additional Divorce Costs

    A good divorce attorney should give you a written estimate of their fees, as well as any potential legal costs of preparing and filing your divorce petition. They may also advise you on whether it is a good idea to hire outside experts to help you get the divorce settlement you deserve.

    There additional professional services may include:

    Appraisals.

    If you have assets that could be extremely valuable—such as jewelry, art collections, furs, or investments—you may need a certified appraiser to assign a value for each one. If this is not done by a professional, the value of items may be significantly over- or undervalued, leaving you at a disadvantage during property division negotiations.

    Business valuation.

    If you and your spouse run a business, you may need a business valuation expert to determine the value of the company and how to arrange a buyout. You may also incur charges if you need to draft new business plans or governing documents to reflect the changes in the company.

    Forensic financial investigation.

    If you are not involved in the financial aspects of the marriage, you may need forensic financial investigators to gather information about your spouse’s holdings, debts, bank accounts, and other potentially hidden assets.

    Estate planning.

    You may need to hire an attorney to make changes to your will, name new beneficiaries on your insurance policies and healthcare documents, and ensure your ex-spouse will not accidentally inherit upon your death.

    Moving costs.

    The spouse leaving the family home will need to plan for increased expenses. For example, that spouse should plan for packers and moving professionals, rent, utilities, and increased commuter mileage. The person remaining in the home may need to budget for mortgage, tax, and utility payments.

    Do You Need To Speak To A Rhode Island Divorce Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.

     

  • How long do I have to notify my employer of a work injury?

    It is always best to report an injury or illness to your employer as soon as possible. However, there may be circumstances that make it difficult or impossible for an employee to report an injury on the same day (such as if a worker is unconscious after an accident and rushed to the hospital). For this reason, Rhode Island workers' compensation laws give employees 30 days to report a work-related injury. Rhode Island Workers' Compensation Lawyers Kirshenbaum & Kirshenbaum

    Reasons Why People Delay Notifying an Employer of an On-the-Job Injury

    There are many reasons people delay notification about an on-the-job injury or choose not to notify their employer at all. These include:

    Being concerned about losing your job.

    Some employees put off making an official accident report because they fear retaliation. But it’s illegal for anyone at your workplace to discriminate against you for seeking rightful workers’ compensation.

    Believing your injury isn’t serious.

    Always report an accident, even if you think you are not seriously hurt. By making a record of the incident, you will make it harder for an employer or insurance company to argue that you were injured away from the workplace.

    Being unable to return to the job site.

    You don’t have to personally deliver an incident report or fill out the report at the place of work. Notice may be given in person or in writing by a third party such as your doctor or spouse.

    Being anxious about making a mistake.

    You can keep your notification short and simple, noting the date and time of the accident and the people present. If you report the incident verbally, make sure a reliable witness is present.

    It’s important to note that there are many different deadlines involved in filing a workers' compensation claim. You only have a month to notify an employer of your injury, but you have up to two years to file a workers’ compensation claim. 

    Have You Been Injured On The Job In  Rhode Island?

    If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help work injury victims in Providence, Warwick and all areas of Rhode Island.

     

  • What are the benefits of filing a wrongful death lawsuit?

    It’s hard to know what to do when someone you love is suddenly taken away. People may tell you to move on, but you have lost too much to simply put it behind you—especially when the death could have been prevented. You may wonder if a wrongful death lawsuit can really help ease the pain. Cranston Rhode Island Wrongful Death Attorney Kirshenbaum and Kirshenbaum

    Reasons for Filing a Wrongful Death Lawsuit

    Most people who file a wrongful death lawsuit are not looking to make a profit. Grieving loved ones usually don’t want to capitalize on their loss.

    The biggest motivations for filing a lawsuit after a fatal injury are:

    Holding the negligent person responsible.

    Relatives may try to make sense of the tragedy, work to find out exactly why the accident happened, and determine who is liable for their loss. Holding someone accountable for negligence can also prevent a similar tragedy from occurring in the future.

    Obtaining compensation for losses.

    The loss of a family member is tragic, but asking you to bear an additional lifelong financial burden is not fair. While no amount of money can relieve your emotional suffering, we help you collect payment for your out-of-pocket expenses and increased costs resulting from the loss.

    Leaving no stone unturned.

    The fear of judgment from others often prevents relatives from speaking with an attorney for months. This makes it more likely the statute of limitations will run out before they have a chance to bring a claim. We focus on building your case to give you the necessary time to grieve, relieving the pressure you are under in any way we can throughout the case.

    Has Your Loved One Died To The Negligence Of Others?

    If your loved one died to due the negligence of others you need to speak with an experienced wrongful death attorney as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help families in Providence, Warwick and all areas of Rhode Island. 

     

  • Who is at fault when a tire blowout causes a truck accident?

    Tire blowouts are a major cause of car and truck accidents nationwide. While a sudden loss of tire pressure can cause a small vehicle to run off the road, a blown tire on a commercial truck may cause a trucker to swerve uncontrollably, sending the trailer sideways across multiple lanes and causing a deadly multi-vehicle crash. Rhode Island Truck Accident Lawyer Kirshenbaum & Kirshenbaum

    Trucking Company Liability When Tire Defects Cause a Crash

    Although a tire blowout may seem like a random event, there are often many things a commercial carrier could have done to prevent it from happening. The Federal Motor Carrier Safety Administration (FMCSA) has regulations that prevent drivers and carriers from operating trucks with worn or defective parts that could cause a wreck. Our truck crash attorneys can investigate your accident to determine if the tire blowout could have been caused by:

    Lax maintenance.

    Trucking companies have a duty to properly maintain all of the vehicles in their fleet. This includes checking tire pressure levels, repairing punctured tires, and replacing tires that have worn down past recommended tread depth requirements. They also are required to perform regular inspections on all vehicles to ensure there are no mismatched tires or tires with different wear.

    Loading violations.

    A truck that is loaded beyond capacity places extra pressure on the tires, making it more likely that one (or more) will explode in transit. However, trucking companies may allow its truckers or loaders to overload trailers as a cost-cutting measure.

    Defective tires.

    If you or someone you love suffered injuries in a truck accident, the attorneys at Kirshenbaum & Kirshenbaum can help you get the compensation you deserve—and you won’t pay any attorney fees if the case is not successful.

    Have You Been Involved In A Rhode Island Truck Accident?

    If you've been hurt in a truck accident you need to speak to an experienced truck accident lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help truck accident victims in Providence, Warwick and all areas of Rhode Island.

     

  • How much does it cost to file a workers' compensation claim?

    It is free to file a workers' compensation claim, and you should do it as soon as possible after an injury on the job. However, if your company is disputing your claim, you are out of work for a significant period of time, or you think you may not be able to go back to work at all, you may need to hire an attorney. A lawyer may charge fees to pursue your claim, but the amount you can recover can vastly outweigh the amount of these fees. Rhode Island Workers' Compensation Lawyer Kirshenbaum & Kirshenbaum

    Costs of Workers' Compensation Claims With an Attorney

    Many people who are fighting to get payment for work injuries do not have the money to hire a lawyer. That is why it won’t cost you anything up front to engage our Rhode Island workers’ compensation attorneys. Additionally, it won’t cost anything to learn your legal options, as our initial consultations are free. If we think you can resolve the case on your own, we will tell you so without charging for the information.

    While every case is different, the amount you will pay depends on a number of factors such as:

    How long it takes to resolve the claim.

    Some people will receive their benefits fairly quickly and with little resistance from an employer once they retain an attorney. The more complex the case, the less likely it is that you’ll get a quick resolution.

    The amount of benefits you are awarded.

    Our contingency fee is taken as a percentage of your total settlement or financial award, plus any expenses we incurred to handle your claim.

    The amount of legal expenses.

    We advance all of the costs of negotiating a settlement or arguing your case before your state's workers' compensation board, and these are reimbursed only after your case is won.

    Have You Been Injured On The Job In  Rhode Island?

    If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help work injury victims in Providence, Warwick and all areas of Rhode Island.

     

  • How is my crash case different if I was hit by a commercial truck?

    While an accident with any commercial vehicle can complicate your case, a commercial semi truck crash can involve multiple at-fault parties, violations of government regulations, and teams of insurance attorneys working to devalue your case. If you were hurt in a semi crash, it is important to speak with an experienced truck accident attorney about your personal injury case. Rhode Island Truck Accident Lawyer Kirshenbaum & Kirshenbaum

    Definition of a Commercial Truck

    The Federal Motor Carrier Safety Administration (FMCSA) defines a Commercial Motor Vehicle (CMV) as any vehicle or combination of vehicles used to transport goods or passengers for business purposes. This can include tractor trailers, freight trucks, buses, tanker trucks, and delivery vehicles.

    Federal laws sets forth certain requirements and safety regulations for operators of commercial trucks. The truck involved in your accident will likely be subject to these laws if it:

    • Has a gross vehicle weight rating of 26,001 or more pounds, OR
    • Has a gross combination weight rating of 26,001 or more pounds (including a towed unit with a gross vehicle weight rating of over 10,000 pounds), OR
    • Is used for the purpose of (or is designed to) transport 16 or more passengers including a driver, OR
    • Is used to carry materials that qualify as hazardous under the Hazardous Materials Transportation Act

    An Attorney Can Fight for Your Rights After a Truck Accident

    Vehicles that are operated by large-scale companies are required to have considerable insurance coverage under a commercial policy. Commercial auto insurance policies usually have much higher coverage limits than insurance for passenger vehicles. However, even when a trucking company realizes it is at fault and has the ability to pay for injuries, the company often chooses to fight the claim instead of pay out.

    When trucking companies and their agents fight to avoid liability for accidents, the attorneys Kirshenbaum & Kirshenbaum can bring them to justice. We work to get you maximum compensation for your injuries, and we do not charge for our services until your claim is resolved. 

    Have You Been Involved In A Rhode Island Truck Accident?

    If you've been hurt in a truck accident you need to speak to an experienced truck accident lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help truck accident victims in Providence, Warwick and all areas of Rhode Island.

     

  • What is a commercial vehicle?

    While the term “commercial vehicle” is most commonly associated with semi trucks, it can apply to any vehicle that is being used for commercial purposes. An accident with a commercial vehicle can be much more complicated than a crash with a passenger car, so it is vital that you contact an experienced truck accident attorney to handle these kinds of personal injury cases. Commercial Vehicle Accident Lawyer Rhode Island Kirshenbaum & Kirshenbaum

    How an Accident With a Commercial Vehicle Affects Your Injury Claim

    The biggest difference between regular crash cases and a commercial vehicle accident is the amount of insurance available to cover your costs. Vehicles that are owned by a business or used for business purposes are typically covered under a commercial liability insurance policy, which has much higher limits than passenger vehicle policies.

    When an accident involves a commercial vehicle, you may need to pursue a claim against:

    The driver’s employer.

    Operators of semi trucks, school buses, and certain passenger vehicles are required to maintain a commercial driver’s license (CDL). If the employer did not ensure that its employee had proper licensing or its driver did not follow regulations, the trucking company’s insurance carrier could be liable for your injury costs.

    The loading company.

    In many cases, the driver of a tractor-trailer and the company that loads cargo into the truck are two separate entities. If the accident was caused by improper loading (such as carrying too much cargo or failure to secure the load), the loading company’s insurer may be liable for injuries.

    The manufacturer of the vehicle.

    Delivery vans and box trucks that are manufactured improperly can cause severe injuries on the road. The manufacturer of the vehicle or the company that made defective auto components may be held accountable when their negligence causes harm.

    The at-fault driver’s insurance company.

    People who drive a company car (such as a pickup truck for construction) or make extra money using their cars for passenger transport may not need a CDL to operate their vehicles. However, they may be required to carry extra insurance coverage in case they are involved in an accident.

    Trucking companies and their agents fight tenaciously to avoid liability for accidents, but the attorneys Kirshenbaum & Kirshenbaum can bring them to justice. We work to get you maximum compensation for your injuries, and we do not charge for our services until your claim is resolved. Contact us today via our online form to schedule your initial consultation with a lawyer.

    Have You Been Involved In A Rhode Island Truck Accident?

    If you've been hurt in a truck accident you need to speak to an experienced truck accident lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help truck accident victims in Providence, Warwick and all areas of Rhode Island.

     

  • Why are young drivers likely to cause crashes?

    Any parent who has ever tried to purchase car insurance for a newly licensed child knows that teenagers have one of the highest crash rates of all drivers. As one of the most at-risk groups in the nation, teen drivers face a wide range of hazards that can cause road accidents—both inside and outside their vehicles. Cranston Rhode Island Car Accident Lawyers Kirshenbaum and Kirshenbaum

    Top 4 Reasons Teen Drivers Cause Car Accidents

    A federal study conducted by the Centers for Disease Control and Prevention (CDC) reported some of the specific reasons why teen drivers continue to cause car accidents in Rhode Island and across the U.S.:

    Distractions.

    Cell phone use is by far the biggest threat to teen driver safety. Over half of high school students surveyed admitted to texting and driving at least once in the previous month, even in states where texting and driving is illegal.

    Underage drinking.

    Nearly 25% of teenagers in the study admitted to riding in a car with a driver who was drunk, while 8% of teens admitted to drinking and driving.

    Inexperience.

    Newly licensed teens lack the “drive time” of older drivers, making them less adept at handling common road hazards. A new driver may not know how to adjust speed during stop-and-go traffic, travel in bad weather, or take precautions for nighttime driving, increasing the risk of a crash.

    Peer pressure.

    Teenagers are naturally less able to understand and process personal risk, so it’s no surprise that 8% of teens claimed they rarely (or never) wear a seat belt. This failure to follow the rules may continue when it comes to other safety regulations such as carrying too many passengers in one car, speeding, or disobeying traffic laws in order to impress others.

    Have You Been Injured In A Car Accident?

    If you've been hurt in a car accident you need to speak to an experienced car accident lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help accident victims in Providence, Warwick and all areas of Rhode Island.

     

  • Can I Lose My Job if I File a Workers’ Compensation Claim?

    It is against the law for an employer to fire an employee because that employee filed a claim for workers’ compensation benefits. It would be considered a retaliatory discharge if that were to happen. Unfortunately. the reality is that it would be difficult to prove that the termination was based upon retaliation.

    Fortunately, under RI laws, an employee who has sustained a compensable injury will have job protection for a period of one (1) year after the date of injury.To state is another way, an employee has a right to be reinstated to his or her former position if the employee is capable of returning to work within 1 year of the date he or she was injured. However, the criteria is that the employee must not be disabled in any way from performing his or her job duties.  In addition, the employee’s former position must still exit and be available. The employee must make a written demand for reinstatement. If the employee remains out of work for over 1 year, the employee no longer has a right to reinstatement. This does not always mean that the employee does not have a job to go back to; instead, it is up to the employer whether or not they want to take back the employee.

    Have You Been Injured On The Job In  Rhode Island?

    If you've been hurt at work you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Cranston office directly at 401.946.3200 to schedule your free consultation. We help work injury victims in Providence, Warwick and all areas of Rhode Island.