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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  • What Can I do If My Ex Is Not Following Our Custody Order?

    Often times you may find yourself in a position where you have gone to court and have successfully achieved a custody and or visitation order but that after Court your ex refuses to comply with the terms of the order. If that is the case, it is inadvisable to take the law in your own hands. Some parties feel that when the other side is violating the order that in response they can withhold child support, withhold visitation rights or take other self-made remedies. Do not retaliate and kind!

    If you find that your ex is not following a custody order, the best response would be to speak with your attorney, who will likely file a motion to adjudge the other parent in contempt or to seek other relief. If found in contempt, the court can issue new orders with various forms of relief, including modifications to the custody or visitation order that is being violated.

    Do You Need To Speak To A Rhode Island Family Law Attorney?

    If  you need to speak with an experienced Rhode Island divorce family law attorney  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.

  • At What Age Can My Children Decide Not To Follow Our Visitation Schedule?

    In Rhode Island, the preference of a child to visit with a parent is only one factor that the Court will consider when establishing a visitation schedule.  There is no set age when a child can decide not to visit with the other parent; when determining visitation, the Court will ultimately have to decide what is in the best interest of the child.

    While there is no set age for a child to decide not to visit with one parent or to change a visitation schedule, the Court may consider the child’ s preference.  In doing so the Court will consider the child’s age, maturity and reasons provided for wanting or not wanting to visit with a particular parent.

    Do You Need To Speak To A Rhode Island Family Law Attorney?

    If  you need to speak with an experienced Rhode Island divorce family law attorney  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.

  • Is there a good way to tell my spouse I want a divorce?

    If you’ve decided to end your marriage, it may seem that there’s never a right time to break the news to your spouse. You know the discussion will be fraught with emotion, and approaching it the wrong way could affect your future relationship with your spouse and children. While there may not be a perfect way to ask for a divorce, there are some things you can do to make the conversation go more smoothly. Rhode Island Divorce Attorney Kirshenbaum & Kirshenbaum

    How to Prepare for a Conversation About Divorce

    The best way to ask for a divorce will depend on the person you are asking. You know how your spouse will likely react to bad news, how they process information, and whether they would prefer a long or short conversation. Acknowledging their feelings and being respectful will set the tone for the separation and increase your chances of an amicable divorce

    Before you make a request for divorce, you should:

    Make a script.

    It is best to write down your thoughts before meeting with your spouse. The right language can help you avoid hurting your spouse without giving them control over the conversation.

    Pick an appropriate time and place.

    Do not ambush your spouse by asking for a divorce when they don’t have time to respond. Plan the conversation for when you both have plenty of time to speak and ask questions, and do it in a place where you and your spouse feel comfortable. Try to let your spouse know ahead of time that you need to talk with them.

    Prepare for an emotional reaction.

    It may have taken you many months of deliberation before you reached the conclusion to separate, so expecting your spouse to process their emotions in a few moments is unrealistic.

    Have a counter-argument ready.

    When faced with the prospect of divorce, some spouses will ask about counseling or separation in an attempt to work on the marriage. It is best to have reasons at the ready for why these options don’t work for you.

    Address expectations for the future.

    You may want to discuss a few logistical details such as who will live in the house and who will have physical custody of the children. While you should listen to your spouse’s opinions and agree to work together to find a solution, it is best not to make any promises about custody or property until you speak to an attorney.

    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.

     

  • Will being intoxicated when I got hurt at work impact my workers’ comp claim?

    In most cases, a worker who is impaired by alcohol or a controlled substance at the time of injury will not be eligible for workers’ compensation benefits. However, there may be cases where claims involving alcohol or medication use can be unfairly denied. Workers' Comp Lawyer Rhode Island

    How Intoxication Affects a Workers’ Compensation Claim

    Rhode Island workers’ compensation law states, “No compensation shall be allowed for the injury or death of an employee… where it is proved that his or her injury or death resulted from his or her intoxication or unlawful use of controlled substances.” While it makes sense that employers would not want to cover the costs of an injury that was the employee’s fault, there are circumstances where impairment may be used to unfairly deny the claim.

    Your work injury may be covered depending on:

    The amount of alcohol in your system.

    Even if alcohol was detected in your system, it does not mean that you were impaired—or that the impairment led to your injury.

    Whether the employer provided the alcohol.

    If intoxication occurred with the permission or direction of the employer, such as at a mandatory work event, the injury may be covered.

    Whether you were impaired by prescription medications.

    If you were suffering from drowsiness, dizziness, or other side effects of a medication that you were legally prescribed, you likely still qualify for injury benefits.

    The type of injury you sustained.

    Intoxication may be a factor in sudden accidents but is less relevant in cases of occupational illness. For example, your alcohol habits have little bearing on whether you develop work-related breathing problems or a repetitive stress injury.

    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.

     

  • Will workers’ compensation reimburse me for medical travel mileage?

    Injured employees who are collecting workers’ compensation to cover the costs of their medical care may not be getting all they are owed for a work injury. For example, workers’ compensation laws allow reimbursement for various travel expenses needed to undergo medical treatment. It’s important that you understand what you may be owed and how to keep track of what you spend to attend doctor appointments. Workers comp lawyer Rhode Island

    Reimbursable Travel Expenses Under Rhode Island Workers’ Compensation Law

    Rhode Island law allows employees who have been injured on the job to recover “reasonable travel expenses” as part of their workers’ compensation benefits. Victims may be reimbursed for the cost of traveling from their home to all necessary doctor visits, physical therapy appointments, psychological counseling, and other treatment related to the injury. Workers’ comp may also cover travel to undergo vocational retraining or evaluation.

    Reimbursable travel expenses may include:

    Car mileage.

    Workers’ compensation pays a mileage rate of roughly 50 cents per mile for victims who drive to procure medical services. In order to make a claim for reimbursement, you should keep a log to note the miles traveled for each separate trip to appointments that are paid for or have been approved through workers’ compensation.

    Use of public or professional transportation.

    If you are unable to drive yourself, you may be entitled to reimbursement for bus fares, taxi fares, or the costs of a medical transportation company to take you to your necessary medical appointments.

    Parking and tolls.

    You should keep receipts for any parking fees or tolls you were forced to pay in order to get medical treatment for your injury.

    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.

     

  • After my divorce, how long do I have to wait before remarrying?

    If you are thinking of getting married soon after a divorce, there are a few things you may want to consider. While Rhode Island laws are fairly flexible regarding remarriage after divorce, the “right” time to remarry will likely depend on your personal and financial circumstances. Divorce and Family Law Attorney Rhode Island Kirshenbaum & Kirshenbaum

    Factors That Can Affect the Timeline of Remarriage After Divorce

    It is common for one or even both spouses to get remarried after a divorce. Recent studies suggest that over 60% of people who get a divorce will get married once again at some point in their lives, and roughly half of all divorced people will remarry within five years of a divorce. However, you may want to wait a little longer to remarry if:

    The divorce is not yet “official.”

    Uncontested divorces do not become final on the day they are granted. There is a mandatory waiting period that can last up to 90 days after the date of the first hearing, but some divorces may be granted sooner if they qualify for expedited processing. You should check with the judge or your divorce attorney to find out the exact date you will be legally divorced.

    You are getting married in another state.

    Unlike other states, Rhode Island does not impose an additional waiting period before remarriage to a new spouse once a divorce is final. However, if you were divorced in Rhode Island and you want to marry someone in another state, you should check that state’s laws regarding waiting times.

    You want to continue receiving alimony.

    You should know that your ex-spouse does not have to continue paying alimony once you are remarried. If your ex-spouse’s support payments are allowing you to go back to school, undergo job retraining, or otherwise become self-sufficient, you may wish to postpone remarriage.

    Do You Need To Speak To A Rhode Island Family Law Attorney?

    If you are considering a divorce you need to speak with an experienced Rhode Island family law 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.

     

  • What should I expect during my first meeting with a divorce lawyer?

    The dissolution of a marriage can be overwhelming, so it’s no surprise that many people delay consulting with a divorce lawyer for weeks (or even months) after they have decided to end their marriage. However, this consultation is a vital first step in the process, and it’s helpful to know what will happen during the first meeting with a divorce attorney. Rhode Island Divorce Lawyer Kirshenbaum and Kirshenbaum

    What Happens at Your First Meeting With a Divorce Lawyer

    The first thing you should expect in our offices is compassion for what you are going through. As experienced Rhode Island divorce attorneys, we know how stressful this time can be for our clients. You should not be afraid to show your emotions, share your feelings and fears, or be honest about your priorities.

    Your first meeting with us is an opportunity to:

    Ask questions.

    Your questions will be specific to your case, but we commonly hear questions such as: How does the divorce process work? Could I get alimony? Can we divorce through mediation? How much does a divorce cost? You should bring a list of questions to ask, and be prepared to take notes when the attorney responds or makes suggestions.

    Answer questions.

    We will ask a variety of personal but necessary questions, including inquiries about your living situation, children, house, occupation, finances, and any property or investments you own. The more you share with us, the better we can advise you of your legal options.

    Learn your next steps.

    At the end of the meeting, we will outline the steps you need to take as you prepare to separate from your spouse. If you choose to retain us, we will also explain what you can expect from us throughout your divorce proceedings.

    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.

     

  • What is a work-related injury?

    There are many types of injuries covered by workers' compensation, but all of them have one thing in common: they are connected in some way to the victim's employment situation. However, employers and employees may have differing opinions on whether an injury can be considered “work-related.” The precise definition of “work-related” is important because it can affect eligibility for workers’ compensation benefits. Rhode Island Work Injury Lawyer Kirshenbaum and Kirshenbaum

    Work-Related Injuries Under RI Workers Compensation Laws

    Under Rhode Island workers' compensation laws, the first qualification of a work-related injury is employment status. To collect benefits, you have to be an employee (rather than a day worker or independent contractor) who has suffered a compensable injury during the course of employment.

    An injury may be considered “in the course of employment” if it occurs:

    While on your regular shift.

    Many on-the-clock injuries are related to employment because the employee is at the workplace and performing regular job duties. However, off-the-clock injuries can also qualify for workers’ compensation.

    At the workplace.

    If you were not officially working at the time of the injury (such as on a lunch break), the injury may still qualify as work-related if it took place on company premises.

    On work-related travel.

    Workers’ compensation provides payment for accidents suffered by workers traveling in company vehicles, performing errands for an employer, or traveling for work.

    While at a company function.

    Accidents at any event sponsored by the employer such as a company picnic or holiday party can qualify an employee for injury benefits.

    As a result of your daily work activities.

    Cumulative injuries (such as carpal tunnel syndrome, psychological injuries, or occupational illnesses) can take years to develop from the nature of the work you perform. Workers’ compensation can provide coverage for these conditions, as well as for injuries that were caused or worsened by a preexisting condition during employment.

    While you were doing something on behalf of your employer.

    As long as your injury can be connected in some way to your employment, there is a good chance you will qualify for benefits.

    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 hire a personal injury lawyer?

    Many people put off the decision to hire a lawyer for financial reasons. Accident victims may be unable to work during their recovery and often struggle to keep up with the costs of ongoing medical bills related to their injuries. However, many personal injury lawyers offer a contingent fee arrangement for injury clients, making it possible for accident victims to get legal help without taking on additional debt. Personal Injury Lawyer Rhode Island Kirshenbaum & Kirshenbaum

    How a Contingent Fee Works

    At Kirshenbaum & Kirshenbaum, all of our injury cases begin with a free initial consultation to answer your questions, identify any potential problems, and explain your next steps. If you wish to hire us, we will sign a fee agreement that provides transparency of all of our costs and protects you from any further losses.

    Financial benefits of our contingency fee arrangement include:

    No costs up front.

    In a contingency fee arrangement, our firm covers all court costs and legal expenses until your case has been resolved. Our fees are paid with a portion of the amount we recover for you, as well as reimbursement for any out-of-pocket expenses paid on your behalf. We ensure that you will have sufficient funds to cover your lost income, medical treatment, disability costs, and other losses stemming from the accident even after our fees have been deducted from the settlement.

    No hourly fees.

    There is no hourly billing in a contingent fee agreement. Our attorneys will determine the contingency percentage based on the time and effort it will take us to get you what you deserve in your case.

    No fees if your case is not successful.

    If your case is not successful, you will not owe us any fees for our legal services. You are only responsible for out-of-pocket expenses and the costs of filing the case.

    Have You Been Injured Due To The Negligence Of Others?

    If you've been injured you need to speak with an experienced personal injury 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 clients in Providence, Warwick and all areas of Rhode Island.

     

  • Can I get a second medical opinion if the company doctor says my injury was not work-related?

    Rhode Island workers’ compensation laws allow injured employees to select the medical provider of their choice for treatment of their injuries. However, if employees want to use a provider other than the one assigned by the employer, the costs may not be covered under workers’ compensation benefits—especially if the first doctor says that the injury was not sustained in the course of their work. Workers' comp injury and getting a second opinion

    What to Do If a Doctor Says Your Injury Was Not Work-Related

    You should know that your employer can compel you to attend an appointment with a medical provider to assess the nature of your injuries in the course of your workers’ compensation claim. However, that does not mean you have to treat with the employer’s physician for all of your injury care. If the employer’s chosen medical provider has said that the injury is not work-related, you have every right to select your own doctor for an impartial diagnosis.

    Employees may need a second medical opinion in cases involving:

    • Employer conflicts. If the doctor you are seeing relies on referrals from your employer, he may claim that you can return to work as soon as possible or that your injuries are not serious. This is a conflict of interest and warrants a second opinion.
    • Occupational illnesses. A doctor may have difficulty determining how much of your condition was caused by your lifestyle versus a hazard at work. For example, if you are a smoker and work in a factory that produces hazardous chemicals, your doctor may deem that your respiratory condition was caused by smoking rather than inhaling noxious fumes.
    • Previous injuries. A doctor may wrongly believe that your current injury was influenced by your previous medical history, or even that your injury is just a “flare up” of your condition and unrelated to your work. You may need to consult with a specialist to determine the link between prior and existing injuries.

    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.