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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How can I give my best testimony at a divorce deposition?
Most divorce proceedings are resolved without trial, but spouses headed to the courtroom will have to undergo a discovery process to gather evidence that could benefit their cases. Part of this process involves giving sworn testimony outside of the courtroom, known as a deposition.
How to Give Your Best Testimony in a Divorce Deposition
As experienced Rhode Island divorce attorneys, we have conducted our share of divorce depositions. We know how important it is for divorcing spouses to give their best testimony in their depositions to achieve their goals for separation.
On the day of your deposition, it is vital that you:
- Tell the truth. If you are caught in a lie, your spouse may be able to discredit you and attack your credibility on other points. Be honest in your responses, and do not attempt to guess at an answer if you aren’t sure. It is always ok to say you don’t know the answer or don’t remember.
- Keep answers short. You must answer direct questions put to you by the opposing attorney. However, you do not have to offer additional information, and doing so could help your spouse’s case.
- Stay calm. An opposing attorney may ask about your mental and physical health, your income, your lifestyle choices, and other factors. In custody battles, these may be pointed questions intended to portray you as an unsupportive parent. If you suspect the other attorney is trying to upset or provoke you, do not respond. Your attorney can intercede on your behalf or ask for a break if you are being treated unfairly.
- Do not make jokes. Some people attempt a joke during depositions in order to make themselves more relatable or simply because they are nervous. However, these jokes may not translate well when they are read back on the transcript and may be seen as flippant or disrespectful.
It is absolutely essential for you to have an attorney on your side to prepare you for the deposition process. The divorce lawyers at Kirshenbaum & Kirshenbaum can advise you throughout your case and negotiate on your behalf, giving you the best possible outcome to your separation. Simply fill out our short contact form to get in touch with our legal team today.
Can I sue a coworker for negligence?
Workers' compensation laws create an "exclusive remedy" for employees to recover damages from an employer after an accident at work. Thus, an injured worker may not make a negligence claim against his or her employer or any fellow employee engaged by the same employer—even if an employer or coworker’s negligence caused the injury. However, employees who collect workers’ compensation benefits may be eligible to file an injury claim against a negligent third party.
Parties That May Be Sued After a Work Injury
While employees can collect payment for medical treatment and disability through workers’ compensation, these benefits may not be enough to cover the full cost of their injuries. A third-party claim allows an injured worker to recover medical expenses and lost wages, along with pain and suffering damages to cover the full costs of a severe injury.
Other than an employer or co-worker, employees can file a lawsuit against any negligent individual or company such as:
- Independent contractors. If an employee was injured by a coworker who is classified as an independent contractor or who works for a different employer, the workers’ compensation exclusive remedy provision does not apply.
- At-fault drivers. If an employee is injured in a car accident while performing work duties, he or she can file a lawsuit against the at-fault driver.
- Manufacturers. Workers who are hurt due to a defective piece of equipment may sue the product’s manufacturer for negligence.
- Contractors. If an employee is injured while working on a construction site, he or she may have a claim against the general contractor or a sub-contractor.
- Property owners. If the injury was caused by a defective condition on the property, the owner of the land, building owner, or the company responsible for maintenance may be sued for negligence.
If you are unable to work because of an accident on the job, it is always worth considering whether someone could be held liable for a work-related injury. The attorneys at Kirshenbaum & Kirshenbaum can examine the details of your case, answer your questions, and help you through your next steps. To speak with a member of our team, simply fill out the online contact form on this page.
Who can be liable for a car accident caused by road debris?
Even the most careful drivers can suffer car accidents when the roadway is littered with debris. Dropped cargo, tire treads, and roadkill can clutter highways and city streets, putting drivers and their passengers at risk. When these accidents occur, who’s responsible for paying the costs of medical bills and property damage?
Road Debris That Can Cause Serious Accidents and Injuries
Debris accidents can occur after trucks spill cargo onto the roadway, items fall from car roofs or trunks, or items are left on the side of the road. In most cases, debris crashes are caused by items that are low to the ground and difficult to see, appearing just seconds before they slide under a driver’s wheels.
Even if you manage to avoid hitting objects in the road, you and your passengers may still be injured by:
- Evasive maneuvers. Many people instinctively swerve to avoid an unexpected object directly in their driving path, sending them into a head-on collision with vehicles in an adjacent lane of traffic.
- Sudden braking. Drivers who slam on the brakes when they see an object in the road may cause a rear-end collision as cars pile up behind them.
- Falling debris. Sometimes debris doesn’t drop onto the roadway but falls directly from an overpass or another vehicle onto a driver’s roof or windshield.
- Road conditions. Contact with potholes and spilled gravel can cause drivers to lose control of their vehicles, sending them into guardrails and ditches or causing them to sideswipe vehicles in the next lane.
If you were injured by road debris, there could be a number of parties at fault for the accident. The nature of the debris will ultimately determine the person who was negligent. Trucking carriers may be liable for spilling unsecured cargo, other drivers can be liable for failing to secure bikes or large items before driving, and municipal governments may be responsible for road maintenance issues.
The attorneys at Kirshenbaum & Kirshenbaum can ensure that you get maximum compensation for your injuries, and we do not charge for our services until your claim is resolved. Contact us via our online form to schedule your initial consultation with a lawyer.
Where should we file for divorce if my spouse and I currently live in different states?
The road to divorce is not always straightforward. Some spouses decide to separate while still living together, but others will enter divorce proceedings after years of living apart—sometimes after one spouse has moved to a different state. Divorces involving spouses living in different states are often more complicated than those filed by spouses who live in the same community.
How to Determine Which Court Has Jurisdiction Over Your Divorce
Couples can only file for a divorce in the state and county that has jurisdiction to hear the case. However, you do not necessarily have to file in the state that issued your marriage license or even the one in which you currently live. The jurisdiction for your divorce case will depend on both spouses’ locations and how long each one has lived there.
While the divorce process is much the same in every state, the specific rules and requirements vary depending on the jurisdiction. For example, you may be compelled to file your divorce in a specific state if:
- You do not meet residency requirements. Each state has a minimum length of time that a spouse must live there before he or she can get a divorce in the state. Usually, only one spouse will need to meet the residency requirement, and that spouse will have to file the paperwork for the divorce to be heard. If you move to Rhode Island and do not meet the residency requirement, you may only be eligible to file in the state where you and your spouse cohabitated.
- Your spouse is first to file. If two different states are eligible to have jurisdiction over a marriage, the state that takes jurisdiction will be the state where a divorce petition is first filed. This could give the filing spouse an advantage in a contested divorce, since he or she will not have to travel as far to participate in hearings and the trial. The out-of-state spouse may also have to hire an attorney in the state where the divorce is pending instead of using an attorney from his or her home state.
- Your children live in another state. If your children attend school in the state where your spouse lives and your spouse meets residency requirements, filing in your spouse’s state may be less stressful for the children. However, you should understand the state’s requirements regarding child support, child custody agreements, and spousal support.
If you and your spouse meet residency requirements for different states, the divorce lawyers at Kirshenbaum & Kirshenbaum can advise you of the benefits of filing for divorce in either state. Please get in touch with our legal team via our online contact form, so we can help you make choices that will protect your future.
What should I do after being served with divorce papers?
Being served with divorce papers can be highly stressful, especially if you weren’t expecting it. It’s important to understand how you can respond to a petition for divorce in a productive way.
Responding to a Rhode Island Divorce Petition
People are often hurt or confused when served with divorce papers because those papers are delivered by someone other than the spouse. However, this is not necessarily a reflection of your spouse’s feelings toward you. Rhode Island law requires divorce papers to be served by a local sheriff, private constable, or other acceptable third party. This person will record your receipt of the documents, starting the “clock” on the time you have to respond.
After you have been served with divorce papers, you should:
- Accept the documents. It is never a good idea to refuse service of divorce papers. The person serving the paperwork is merely delivering copies of a complaint that has already been filed with the court, so it will not stop the legal process from continuing. In addition, refusing can result in a default judgment against you, meaning your spouse will get everything he has asked for in the petition. The best response is to accept the divorce petition, and prepare your response.
- Read through the paperwork. You will be given several different documents, including the legal complaint, a summons, and the petition for dissolution of marriage. Read through the papers carefully, so you understand the demands your partner is making, particularly with regard to shared finances, custody, and alimony.
- Speak to an attorney. If you have received divorce paperwork, your spouse has already prepared the divorce petition and financial documents, filed with the court, and, very likely, hired his own attorney. Your own attorney will go through the petition with you, prepare a response that addresses each spouse’s demands, and make sure that your response is filed by the deadline.
At Kirshenbaum & Kirshenbaum, we work to make the dissolution of your marriage as painless as possible. Please get in touch with our legal team today via our online contact form, so we can help you make choices that will protect your future.
Are part-time employees eligible for workers’ compensation?
In Rhode Island, employees are eligible for workers’ compensation even if they do not work a standard 40-hour workweek. A part-time employee (someone who typically works less than 20 hours per week) is owed the full amount of necessary medical payment for his injuries, as well as a living accommodation based on his Average Weekly Wage (AWW).
Workers’ Compensation Considerations for Part-Time Workers
To calculate an injured part-time worker’s AWW, insurers are required to calculate earnings for the 26 consecutive weeks prior to the date of incapacity (not including the week of injury or the week of hire). If an employee works multiple part-time jobs, the AWW will be calculated based on wages earned from all employers for 26 weeks prior to injury.
Although wage calculations may differ slightly for other types of employees, being a part-time worker does not affect eligibility for workers’ compensation. In general, you will qualify for medical and wage loss benefits through workers’ compensation if you:
- Are an employee. As long as you are considered an employee rather than an independent contractor, it does not matter whether you are a full-time, part-time, or seasonal worker.
- Were injured in the scope of employment. Only injuries that have been sustained “in the course and scope of employment” will be covered by workers’ compensation. This can include a wide range of occupational injuries such as a sudden accident, repeated physical strain or trauma, or an illness caused by the conditions of the work environment.
- Have been out of work for at least three days. The Rhode Island Workers’ Compensation Act states that an insurer does not have to pay any wage losses for the first three consecutive days post-injury. However, the insurer is still liable for any medical expenses related to the injury incurred on those days.
If you are unable to work because of an injury on the job, the attorneys at Kirshenbaum & Kirshenbaum can examine the details of your case, answer your questions, and help you through your next steps. To speak with a member of our team, simply fill out the online contact form on this page.
If I live in Rhode Island, does it matter where I file for divorce?
There are two considerations when it comes to choosing where to file for divorce: where each spouse lives and which spouse will be requesting the divorce. If you are seeking a no-fault divorce on the grounds that you and your spouse have been living separate and apart for at least three years, at least one of you must meet Rhode Island residency requirements in order for the divorce to be legal.
Where to File a Divorce Complaint in Rhode Island
If you could potentially file in two different counties, it is a good idea to consult with a divorce attorney before you complete and serve the paperwork. Each county is allowed to make its own rules about how divorce cases are handled, and each jurisdiction will have its own backlog of cases that could mean longer wait times for you and your spouse. An experienced attorney can tell you if there are any advantages or disadvantages for filing in each county, as well as what to expect after you file.
As a Rhode Island resident, you could potentially file a divorce complaint in:
- The county where you live. Your home county is the county of your primary residence. If you have more than one residence, the court will consider your primary residence to be the address on your driver’s license and car registration.
- The county where your spouse lives. Your spouse may file for divorce in the county where he resides, if he meets this domicile requirement.
- Providence County. If your spouse meets the domicile requirement but you do not, you may file with the Family Court in Providence County. However, your spouse must actually be served with the Summons and Complaint for Divorce in order to meet jurisdictional requirements.
At Kirshenbaum & Kirshenbaum, we work to make the dissolution of your marriage as painless as possible. Let our attorneys advise you on your next steps and help you make choices during your divorce that can protect your future. Please get in touch with our legal team today via our online contact form.
I was hurt during my break, in the lunchroom, or at a company picnic. Could I have a workers’ comp claim?
An employer’s insurance company is compelled to cover any employee injuries that happen in the normal course of the workday. However, it may also be liable for injuries that are not so straightforward, such as when an employee is on a break, drinking alcohol, or miles away from the workplace.
Workers’ Compensation for Injuries Outside of Normal Working Hours
Rhode Island laws generally allow employees to collect workers’ compensation for any injuries suffered “in the course of employment.” This definition is extremely broad and allows for the majority of injuries to qualify for medical costs and lost wages as long as there is a causal link between employment and injury.
For example, employees may be owed workers’ compensation for injuries that were sustained:
- On the employer’s premises. An injury on a lunch break may be considered work-related if it happens on employer-owned grounds (such as in a dedicated break room or cafeteria).
- In close proximity to the job site. While an employee’s daily commute is usually not covered by workers’ compensation, workers may collect benefits if they are hurt while walking into or out of the workplace. If you were injured just before or just after your shift (such as in the parking lot or sidewalk), you are likely still covered.
- At a work-sponsored event. In many cases, employee intoxication is an exception to workers’ compensation coverage. However, if alcohol was provided by the employer—such as at a party, mandatory work event, or lunch with a client at a restaurant—the employer may be liable for the costs of injury despite the worker’s intoxication.
- Over several months or years. If a stroke, heart attack, or panic attack occurred on your day off, you may still collect workers’ compensation if your job contributed to high stress levels, anxiety, or physical and mental exhaustion.
- While not fully released from job duties. Even if you had clocked out and were away from the worksite, you may be covered for an injury if you were picking up lunch for others or running an errand for the employer (such as buying additional supplies on a busy day) while on your own lunch break.
If you are unable to work because of an injury on the job, the attorneys at Kirshenbaum & Kirshenbaum can examine the details of your case, answer your questions, and help you through your next steps. To speak with a member of our team, simply fill out the online contact form on this page or call us toll-free at (888) 591-9976.
What should I do if a loved one died in an accident?
If you have experienced a tragic loss in your life, we are truly sorry. Losing a loved one is a terrible and traumatic event under any circumstances, but a sudden death caused by negligence can completely overwhelm survivors. Unfortunately, there are many parties who will use this time to take advantage of you—potentially ruining your chances of seeking justice for your loved one’s death.
How to Protect Yourself After a Loved One’s Wrongful Death
The best way to ensure you get the closure and compensation you need after the sudden loss of a family member is to speak to a wrongful death attorney as soon as possible. While friends and relatives may offer to share the burden of filing paperwork and making final arrangements, only a lawyer is equipped to handle the complex legal matters surrounding fatal injury cases.
It is our job to protect you and your family from any further injustices. When we take over your legal case, we only need you to:
- Write down everything you can. When you meet with us, we will need any and all information you have regarding the accident so that we can begin building a strong case. Any police reports, contact information for witnesses, insurance policies, medical bills, or other documents you can provide will help us in getting you all that you deserve.
- Let us deal with the insurance companies. If your loved one was killed in a car crash, you may be contacted by his vehicle insurance provider as well as the at-fault insurance company’s agents. These agents are highly-trained professionals who only have one goal: to reduce the amount of compensation they must pay out. They may record your conversation, send you forms to fill out and sign, or ask you to sign a release of your legal rights before issuing payment. Tell all insurance agents that you have an attorney and that any forms, documents, and contact should come to us.
- Give yourself time to grieve. The most important thing for you to do right now is to stay close to your family for comfort and healing. We remain available to you for questions and keep you updated while you honor your loved one and recover from the loss.
The attorneys at Kirshenbaum & Kirshenbaum can answer your questions and advise you on your next steps—and we only charge for our services when and if we secure compensation for you. Contact us today via our online form to schedule your free initial consultation with a personal injury lawyer.
Can I get workers’ comp for a pre-existing condition that was aggravated at work?
It is not uncommon for a worker with a pre-existing injury to be reinjured due to an incident on the job. When this happens, Rhode Island laws allow employees to collect workers’ compensation for a pre-existing injury that has been accelerated or aggravated by workplace conditions. However, these claims tend to be more complicated than others because it may be difficult to separate the previous condition from the current injury.
Pre-Existing Injuries That May Qualify for Workers’ Comp
Insurance companies that provide workers’ compensation benefits will not want to cover an injury if the employer is not liable. For this reason, the insurer may deny coverage if there is more than one cause of injury, forcing the employee to prove that an injury is work-related in order to receive benefits.
Rhode Island workers’ compensation laws allow employees to recover benefits for prior injuries in the following cases:
- An aggravated injury to an impaired part of the body. If you previously suffered a back injury, ankle sprain, broken bone, or other injury before employment, workers’ compensation will not cover treatment for that injury. However, if the injury was made worse as a result your current employment, you may be able to collect benefits to treat the aggravation.
- A re-injury. If you injured a part of your body and collected benefits for that injury through your current employer and then re-injure the same part of your body, the second injury is still covered by workers’ compensation. You should be covered for the full amount of your new medical costs, but your previous awards may be used when calculating the financial amount you receive.
- Illnesses and diseases. Some employees are more at risk of certain illnesses from environmental hazards such as employees with severe allergies. Employees may have a claim for workers’ compensation if workplace hazards caused a flare-up of symptoms or made the extent of the condition worse.
If you are unable to work because of an injury on the job, the attorneys at Kirshenbaum & Kirshenbaum can examine the details of your case, answer your questions, and help you through your next steps. To speak with a member of our team, simply fill out the online contact form on this page, or give us a call.