Frequently Asked Questions

Your health should be your priority. See a healthcare professional and follow their orders. During the case, do not discuss the accident with the at-fault party’s insurance company, as this could unintentionally help build their case against you. Hiring an experienced personal injury attorney will help you navigate the process.

• Dial 911 and report the accident. Let them know if there are any injuries and always request a rescue if you are injured.
• Never move your vehicle prior to the police arriving.
• If you are able to exit your vehicle, take pictures of the accident scene from a distance so that you can see all of the vehicles involved and all of the vehicles in one picture. Then take close-up pictures of each vehicle involved. Make sure to include the damage, license plate of the vehicle, and a picture of the driver.
• If there is a witness to the accident, ask them to wait for the police to arrive so they can give a statement. If they cannot wait, ask if you can take a picture of their identification and then include a picture of them holding their identification that you can read.
• Once the police arrive, make a statement as to how the accident occurred. Ensure that the police talk to the witness and takes their statement as well. If the witness left prior to the police arrival, show the police officer a picture of the witness and their identification, making sure that, on the police report, they are noted as a witness that had to leave before his arrival.
• If you are injured, never refuse medical treatment by rescue personnel.  Be transported by rescue to the nearest hospital to get medical treatment.

If the police are unable to respond and you or the other driver need to leave, you have two options:

1. 1. You and the other driver can agree to follow each other and meet at the police department to make a report.
   2. If you are not going to meet at the police department to make a report, you should exchange the following information to include a copy of their license, motor vehicle registration, insurance card, a picture of their license plate, and a picture of the other driver. Remember, you should have documented photos of the scene of the accident and damages to vehicles as well.

Many personal injury cases are complex, so consider hiring a personal injury attorney like Rob Levine & Associates.  We will do our best to investigate, obtain the facts, and help you understand your options.  At Rob Levine & Associates, we do not charge for consultations.

You must see a healthcare professional right after your accident, whether or not you feel pain. Your body’s natural adrenaline will likely kick in, meaning your body is in initial shock. Once that wears off, you will be able to feel the effects of your injuries.

If you are a victim of a bus accident, you are entitled to recover the same damages as any other personal injury case, to include: lost wages, medical bills, pain & suffering, property damage, out of pocket expenses, scarring, compensation for any permanent injury, and compensation for any future medical costs.

Motorcyclists rarely walk away from crashes unharmed, and the injuries can be life-changing for victims and their families. Severe and catastrophic injuries common in motorcycle accidents include:

• Broken and fractured bones
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Amputation injuries
• Burn injuries
• Catastrophic injury

These injuries result in significant medical expenses and may require long-term rehabilitation and care. If you or a loved one were hurt in a motorcycle accident, it’s important to discuss your case with an attorney who understands these types of collisions and their financial impacts.

• If you are bitten by a dog, first, dial 911 let them know you were bitten by a dog and ask them to have the police, rescue, and animal control officer respond to the location you were bitten.
• If there was a witness to the incident, ask the witness to stay until the police arrive. Make sure to get the witness's information in case they need to leave. Obtain a copy of their identification and a photo of them. Take a picture of the dog and its owner.
• If you were not bit inside the home or on his/her property, find out where the owner lives. Find out who owns the property on which the dog lives.
• Once the police arrive, be sure to give a thorough statement as to what happened. Ensure the police talk to any witnesses and take their statements. If a witness had to leave, ensure you give the police the witness's information and ensure he lists it on the report.
• If you are injured, once the rescue arrives, never refuse medical attention and have the rescue transport you to the nearest or most appropriate hospital.

Remember, the key to any case is document, document, document; and a picture is worth a thousand words. After you have sought medical treatment, contact a dog bite lawyer like Rob Levine & Associates.  With over 20 years of experience in injury and disability cases, our team can help with the process.

• If you fall in a store, the most important thing is to document what caused you to fall, witnesses, and report the incident to the store.
• If you are injured, dial 911, let them know you fell in a store, and request medical assistance.
• If you or someone you are with have a phone, take pictures of what caused you to fall. Pictures should be from a distance, showing the aisle as well as a close-up of what caused you to fall. If anyone was in the aisle when you fell, either a customer or employee, make sure you document their information by taking a picture of them or their identification if they are willing to share it.
• Find an employee and bring a manager to the area you fell. Have them document the fall and the cause of the fall.  Take a picture of the manager and make sure that you show the manager what caused you to fall.

Remember, the key to any case is document, document, document; and a picture is worth a thousand words.  If you are injured, when the rescue arrives, never refuse medical attention.  Be transported to the nearest or most appropriate hospital. After you have sought medical treatment, contact a slip and fall lawyer like Rob Levine & Associates.  With over 20 years of experience in injury and disability cases, our team can help with the process.

• Dial 911 and report the accident. Let them know if there are any injuries and always request a rescue if you are injured.
• Never move your vehicle prior to the police arriving.
• If you are able to exit your vehicle, take pictures of the accident scene from a distance so that you can see all of the vehicles involved and all of the vehicles in one picture. Then take close-up pictures of each vehicle involved. Make sure to include the damage, license plate of the vehicle, and a picture of the driver.
• If there is a witness to the accident, ask them to wait for the police to arrive so they can give a statement. If they cannot wait, ask if you can take a picture of their identification and then include a picture of them holding their identification that you can read.
• Once the police arrive, make a statement as to how the accident occurred. Ensure that the police talk to the witness and takes their statement as well. If the witness left prior to the police arrival, show the police officer a picture of the witness and their identification, making sure that, on the police report, they are noted as a witness that had to leave before his arrival.
• If you are injured, never refuse medical treatment by rescue personnel.  Be transported by rescue to the nearest hospital to get medical treatment.

If the police are unable to respond and you or the other driver need to leave, you have two options:

1. 1. You and the other driver can agree to follow each other and meet at the police department to make a report.
   2. If you are not going to meet at the police department to make a report, you should exchange the following information to include a copy of their license, motor vehicle registration, insurance card, a picture of their license plate, and a picture of the other driver. Remember, you should have documented photos of the scene of the accident and damages to vehicles as well.

Be certain to get your driver's information, including his/her identification, and ensure they stay until the police arrive. You should also retain screenshots of your ordering the Uber/Lyft or rideshare service. Lastly, be certain to take pictures of the vehicle you were a passenger in.

The compensation varies widely in motorcycle accident claims and depends on a number of factors, including the circumstances of the accident and the severity of the injuries. Generally, motorcycle accident victims may pursue compensation for related damages including:

• Medical costs
• Pain and suffering
• Lost income
• Loss of earning capacity
• Property damage

In the event of wrongful death, you may be entitled to additional damages including funeral and burial expenses, and loss of companionship.

In Rhode Island, there is one standard that we look at to begin the decision tree as to whether or not an owner of a dog is responsible for your injuries. The question is, did the dog bite occur inside or outside the enclosure? The enclosure is defined as the logical border of the actual property. If the dog owner lives in an apartment inside a complex and there is a common area hallway, porch, and/or yard,  inside the enclosure would be inside the owner's apartment. Once the dog enters the hallway, anywhere thereafter, would be considered outside the enclosure. If the dog and owner live in a single-family home, outside the enclosure is defined as outside the property line or any indication of the property line, such as a fence or hedges. If you are bit inside the enclosure, in order to pursue a case, you must show that the dog has previously bitten another person or the owner knew of the dog's vicious propensities. If you were bit outside the enclosure, that is what we refer to as strict liability. The owner is 100% responsible for all of your damages. In MA, dog bites are generally guided by the theory of negligence whether inside or outside the enclosure. Negligence is defined as duty, breach, causation, and damages. Duty means that the defendant owed you a duty or care as a reasonably prudent person (RPP) under the circumstances in the shoes the defendant was in. Breach means that they violated the RPP standard and put you in a position of peril, having both actual or constructive notice as well as the opportunity to cure the defect. Causation is the link between their breach of the standard of care and the injury or damages that you have suffered. That link must be reasonably foreseeable and there should not be another intervening or superseding cause that resulted in your damages.  Damages are the harm that you suffered directly caused by the defendant's breach of the standard of care. If you meet those four elements, you have shown the defendant is negligent and you have a viable personal injury case.

Drivers of other vehicles that act in a negligent manner are the most common source of motorcycle accidents. In about 70 percent of all collisions, the at-fault driver says they did not see the motorcyclist. Other factors in motorcycle accidents may include:

• Driving under the influence of alcohol or other drugs
• Distracted driving
• Tailgating
• Aggressive driving

Most motorcycle accidents are preventable with attentive driving. Sadly, motorcycle accidents result in a higher rate of severe injuries and fatalities than accidents that involve only passenger vehicles.

• Dial 911 and report the accident. Let them know if there are any injuries and always request a rescue if you are injured.
• Never move your motorcycle prior to the police arriving.
• Take pictures of the accident scene from a distance so that you can see all of the vehicles and/or motorcycles involved and all of the vehicles in one picture. Then take close-up pictures of each vehicle and/or motorcycle involved. Make sure to include the damage, license plate of the vehicle, and a picture of the driver.
• If there is a witness to the accident, ask them to wait for the police to arrive so they can give a statement. If they cannot wait, ask if you can take a picture of their identification and then include a picture of them holding their identification that you can read.
• Once the police arrive, make a statement as to how the accident occurred. Ensure that the police talk to the witness and takes their statement as well. If the witness left prior to the police arrival, show the police officer a picture of the witness and their identification, making sure that, on the police report, they are noted as a witness that had to leave before his arrival.
• If you are injured, never refuse medical treatment by rescue personnel.  Be transported by rescue to the nearest hospital to get medical treatment.

If the police are unable to respond and you or the other driver need to leave, you have two options:

1. You and the other driver can agree to follow each other and meet at the police department to make a report.
2. If you are not going to meet at the police department to make a report, you should exchange the following information to include a copy of their license, motor vehicle registration, insurance card, a picture of their license plate, and a picture of the other driver. Remember, you should have documented photos of the scene of the accident and damages to vehicles as well.

The fully accredited attorneys at Rob Levine & Associates represent veterans nationwide. Contact us today for a free case evaluation.

An effective attorney can put you in a position to win your appeal the first time around, saving you years of disappointment and frustration. Veterans’ claims often get caught in a cycle of denial, appeal, remand, denial, appeal, remand, denial, appeal, remand, and so on. An experienced attorney can effectively present the law and the facts to the VA the first time around, which in many instances gets veterans their disability benefits faster. When you choose our dedicated team of experts at Rob Levine & Associates to represent you, we take an all-hands-on-deck approach to win your case. As part of our proven process, our team will:

• File your appeal with the VA;
• Construct a personalized evidence development plan tailored to each claim;
• Perform cutting-edge service record and medical research;
• Draft a comprehensive legal brief in support of your appeal; and
• Routinely follow up with you to provide an update on the status of your case.

No, the VA does not require you to hire a lawyer for your appeal. However, remember that the VA also unfairly denied your benefits. Statistics show that veterans with representation receive more benefits, faster. The Veterans Disability attorneys at Rob Levine & Associates know the law as well as the ins and outs of the VA system. When you combine an experienced, knowledgeable Veterans Disability attorney with a veteran who can assist by explaining the details of the facts of a case, there is no better team to help you get the disability benefits that you deserve.

The average length of time to adjudicate any claim or appeal depends on many factors, including the type of appeal or claim, the Regional Office, the number of disabilities to decide, any necessary development, and the overall complexity of the case. Cases in the VA’s legacy appeal system can take years. In contrast, the VA has set the following timeliness goal for adjudicating AMA appeals:

• Supplemental Claims: within 125 days
• Higher Level Review: within 125 days
• Board of Veterans’ Appeals – Direct Review Docket: within 365 days
• Board of Veterans’ Appeals – Evidence and Hearing Docket: over 365 days

Social Security Disability Income (SSDI) does not have a barrier to net worth or income provisions. Regardless of the home, the vehicle you own, or investments you've made - or alimony or pension from previous employment, this would not prohibit you from receiving SSDI. Similarly, this would not prohibit you from qualifying and receiving VA disability benefits. Even if you were to qualify for a 100% TDIU rating, you would still qualify for SSDI benefits either under the SSDI guidelines or the VA Disability guidelines.

If you are a victim of sexual abuse and abuse is current or recent, the most important thing is to ensure your safety.

• If the abuser is a family member, you should call the police department and have a detective come out and speak with you.
• If you have a family member who you can trust that is not involved in the abuse and is going to take your word about the abuse over that of the abuser, speak to your family member. If you feel for any reason that the family member doesn't believe you or blames you, you should immediately contact the police for assistance.
• If you are an adult and the abuse happened in your past, you should reach out to an attorney to discuss your options and understand your rights.

Rob Levine & Associates have over 20 years of experience in working with sex abuse victims.

If a dog bit you and you sustained injuries including puncture wounds, lacerations, infections, crushing injuries, broken bones, psychological trauma, scarring, disfigurement, and additional harm while trying to escape, you could be compensated.

Yes! At Rob Levine & Associates, our team is committed to assisting veterans at all stages of the VA disability process. Our claims advocates will interview you, determine all possible benefits to which you are entitled, and file initial claims at no cost to you. If you win your initial claims, there is no fee for our services. We are only paid if your case requires an appeal that is later won.

Workers' compensation is a type of insurance that pays workers who are injured or become disabled as a result of their job activities. Accepting workers' comp benefits means the employee waives the right to sue their employer. ... Workers' comp is not the same as unemployment benefits or disability insurance.

Workers' compensation insurance gives your employees benefits if they have a work-related injury or illness. Also known as workers' comp or workman's comp insurance, this coverage can help cover your injured or sick employees' medical expenses. It can also help replace wages from lost work time.

The injured worker must be an employee. The employer must carry workers' comp insurance. The worker must have a work-related injury or illness. The worker must meet state's reporting deadlines for the injury and filing a workers' comp claim.The injured worker must attend medical examinations, appointments and follow medical treatments.

Yes. While a reduction in revenue is one mechanism of qualifying for the ERTC, it is not the only mechanism. The Nominal Impact Test may also be used, and this test incorporates more qualitative factors such as supply chain disruption related to government mandates.

Yes. Receipt of PPP loans does not disqualify a business from receiving the ERTC. However, all PPP funds that a business did receive, and applied to payroll expenses, must be properly accounted for prior to calculating the ERTC. This step is handled by tax attorneys as part of their detailed analysis of your business.

When a CPA deems a business to "not qualify" for the ERTC, it is almost always due to the CPA's analysis of the REvenue Reduction Test. CPAs, broadly speaking, have been less than enthusiastic to analyze businesses under the Nominal Impact Test and have left such analysis to tax attorneys specializing in the ERTC.

No. The ERTC is intended for businesses that operated during the pandemic and maintained W2 employees. Only businesses that are directly related to federal or state government are ineligible. Private businesses from most industries, including non-profits, may qualify.

There are no minimum number of employees required to access the ERTC. However, the maximum number of employees a business may possess is 100 in 2020, and 500 in 2021.

The ERTC has evolved significantly since its inception and this evolution has resulted in confusion and misunderstanding of the program. Without following the details contained in hundreds of pages of the CARES Act, along with subsequent executive orders by both President Trump and President Biden, the opportunity in the ERTC can be easily missed.

All of our work is performed on a contingency fee basis and you pay nothing until you receive your ERTC checks from the IRS. In addition, in the unlikely event of a subsequent IRS audit challenging our legal determination of your eligibility, our tax attorneys will provide a full defense of your ERTC claim at no additional fee.

The most common types of collisions between cyclists and automobile drivers are when bicyclists hit the opening door of a parked car, a driver brushes the cyclist while passing, or when a cyclist is hit by an automobile during a right-hand turn.

In order to receive concurrent benefits, there are going to be two separate tests. The standard to receive benefits medically is the same in both programs. The difference between the two programs is your work history and income level. In order to qualify for SSDI, you must have worked for the last five years and paid into the Social Security system. If you qualify for SSDI and your monthly compensation is less than the maximum amount, currently $783, you could be eligible under the SSI program. Remember, you must qualify for each one individually. In order to qualify for SSI, you must not have income greater than the maximum nor can your net worth be greater than $3,000. This looks at both your income and your household income. For example, if you were receiving $500 for SSDI, you could qualify for $283 under the SSI program.

Hiring an attorney to help you with your Social Security Disability application is beneficial as it can decrease the length of time it takes for you to get an approval. Their experience in these cases allows them to know what information and documentation you need to receive the maximum amount of benefits.

There are two reasons for the denial. The first is that the SSA indicates that you are not qualified for either the SSDI or the SSI program, or both. This is based on your work history, your household income, and your net worth. Generally, unless you believe they are making an error as to what you paid into the social security system or your income level, this is not something that attorneys generally appeal. The second is that the SSA determines that you are not medically qualified for benefits--meaning they believe that you are able to perform gainful employment or your medical condition doesn't qualify. This could be grounds for appeal.  There are four levels of appeal at the administrative or agency level. In order of application, you begin by filing an initial claim. You then file for reconsideration, you then go before an administrative law judge for a hearing, and finally, you can appeal the administrative law judge's decision before the appeals council. You can be approved or denied at any of those four levels. After you have exhausted all four agency levels, you can either start your application over and remain at the administrative level by filing a new initial claim. Or, you can file an appeal by the appeals counsel leaving the agency level and appealing to the federal district court.  

Although you may not be able to receive SSDI benefits, you can still apply for Supplemental Security Insurance. Since this is a program based on financial need, you can qualify for these benefits if you do not exceed the Social Security Administration’s limit for income and/or assets.

Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.    

In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.

All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.

A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.  

The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.

You have the right to:

• Access information regarding your case that is accurate, easy to understand, and in your language.
• Access any assistance you may need to understand your medical information.
• Be involved in decisions regarding your medical treatment.
• Receive respectful care from any medical professional.
• Confidentiality regarding your medical care and treatments.
• Read and copy your medical records to ensure accuracy.
• File a complaint against any medical staff who treats you.

A personal injury case is when you have suffered harm as a result of another person or entity's negligence. Negligence is defined as duty, breach, causation, and damages. Duty means that the defendant owed you a duty or care as a reasonably prudent person (RPP) under the circumstances in the shoes the defendant was in. Breach means that they violated the RPP standard and put you in a position of peril, having both actual or constructive notice as well as the opportunity to cure the defect. Causation is the link between their breach of the standard of care and the injury or damages that you have suffered. That link must be reasonably foreseeable and there should not be another intervening or superseding cause that caused your damages.  Damages are the harm that you suffered directly caused by the defendant's breach of the standard of care. If you meet those four elements, you have shown the defendant is negligent and you have a viable personal injury case.

A collision between a commercial vehicle and a car could likely be caused by malfunctioning equipment on the truck, driver negligence, or negligence on behalf of the trucking company. There are also larger blind spots on commercial vehicles, which means they are unable to respond to certain hazards with the same reaction time as a car. Other factors could include:

• Excessive driving hours causing the truck driver to be driving to the point of exhaustion.
• Unrealistic schedules resulting in the driver taking unnecessary risks and driving at unnecessary speeds.

 

If you have sustained injuries from a collision with a commercial vehicle, you can be compensated for: lost wages, medical bills, pain & suffering, property damage, out of pocket expenses, severity of injuries, scarring, and permanency of your injuries.

Yes, if you are injured in an accident where a commercial business owns the truck and the driver of the truck is acting as an agent of the corporation, you can always bring a claim against the driver and the corporation. For a no-obligation case evaluation, contact a truck accident lawyer like Rob Levine & Associates.  The truck accident team will get the facts, investigate, and help you understand your rights and options as it relates to your injuries in a truck accident.

Comparative negligence helps determine your award of damages. This differs from state to state, so it is important to hire an experienced truck accident lawyer.

In the Social Security disability system, in order to receive benefits, the standard is, "you are not capable of any form of gainful employment.” Unlike Social Security Disability, you can work while receiving VA disability compensation. Your VA disability benefits is based on how your service-connected disabilities impact your ability to work.

Should you find yourself in this type of collision, you must first wait for the police to arrive at the scene. Any injuries should be documented, in case they develop into serious medical conditions. Like any accident, never admit blame until you consult with an experienced bike accident attorney. Then, write your side of the story in the accident report. Make sure you get the contact information for all witnesses and the other driver. If there is any evidence, you should also preserve it in case you have to present it in court. It is strongly encouraged that you seek the help of a personal injury attorney to guide you through the process.  

No, as with any personal injury case, negligence determines who is at fault.

All motorists must exercise care when they are on the road. If the defendant wasn’t reasonably careful and their conduct caused injuries to the plaintiff that resulted in losses, negligence could be proven. Negligence is defined as duty, breach, causation, and damages. Duty means that the defendant owed you a duty or care as a reasonably prudent person (RPP) under the circumstances under the shoes the defendant was in. Breach means that they violated the RPP standard and put you in a position of peril, having both actual or constructive notice as well as the opportunity to cure the defect. Causation is the link between their breach of the standard of care and the injury or damages that you have suffered. That link must be reasonably foreseeable and there should not be another intervening or superseding cause that caused your damages.  Damages are the harm that you suffered directly caused by the defendant's breach of the standard of care. If you meet those four elements, you have shown the defendant is negligent and you have a viable personal injury case.

For starters, the helmet law requirements vary from state to state. In RI, if you are under 21 years of age or have had your motorcycle license for less than a year, you are required to wear a helmet.  Passengers are required to wear a helmet at all times. In MA, all drivers and riders of motorcycles, by law, must wear helmets.  If you were involved in a motorcycle crash as the result of another vehicle's negligence and you were not wearing a helmet, our law firm would argue on your behalf that not wearing a helmet even when required to do so by law has no bearing as to the negligence or value of your personal injury case.    

When a bus is involved in a motor vehicle collision, the negligence can be that of either the bus driver or the other driver. For all of the reasons that any motor vehicle accident occurs, those reasons apply to both the bus driver and the driver of the other car. For example inattentive driving, failure to stop at a stop sign, not clearing a lane before changing lanes, failure to stop in traffic, and rear-ending another vehicle. In addition, motor vehicle accidents specific to a bus could occur due to a driver’s exhaustion, inadequate screening or training, driving while under the influence of alcohol or drugs, or the bus company's failure to maintain the equipment or vehicle.

If you are a victim of a bus accident, you are entitled to recover the same damages as any other personal injury case, to include: lost wages, medical bills, pain & suffering, property damage, out of pocket expenses, scarring, compensation for any permanent injury, and compensation for any future medical costs.  

A slip and fall accident is when you are injured as a result of a defect or item on the floor which occurred as a result of a homeowner, shopkeeper, or other entity's negligence, causing you harm.  Negligence is defined as duty, breach, causation, and damages. Duty means that the defendant owed you a duty or care as a reasonably prudent person (RPP) (shopkeeper or homeowner) under the circumstances. Breach means that they violated the RPP standard and put you in a position of peril, having both actual or constructive notice as well as an opportunity to cure the defect. Causation is the link between their breach of the standard of care and the injury or damages that you have suffered. That link must be reasonably foreseeable and there should not be another intervening or superseding cause that caused your damages.  Damages are the harm that you suffered directly caused by the defendant's breach of the standard of care. If you meet those four elements, you have shown the defendant is negligent and you have a viable slip and fall case.

A slip and fall accident occurs when someone sustains injuries due to a trip or slip, whether that be inside or outside, which could have been prevented by the property owner. This could be defined as negligence.  Negligence is defined as duty, breach, causation, and damages. Duty means that the defendant owed you a duty or care as a reasonably prudent person (RPP) under the circumstances under the shoes the defendant was in. Breach means that they violated the RPP standard and put you in a position of peril, having both actual or constructive notice as well as the opportunity to cure the defect. Causation is the link between their breach of the standard of care and the injury or damages that you have suffered. That link must be reasonably foreseeable and there should not be another intervening or superseding cause that caused your damages.  Damages are the harm that you suffered directly caused by the defendant's breach of the standard of care. If you meet those four elements, you have shown the defendant is negligent and you have a viable slip and fall injury case.

This depends on where the injury occurred as well as the facts surrounding the injury.  It is always best to call and speak to an attorney.  Rob Levine & Associates and the team can answer any questions that involve your entitlement to compensation if injured while trespassing. There are no fees for this initial consultation; and no fees until you win your case.    

Yes, a case can be brought against a municipality if it can be proven that they were negligent in their maintenance of the sidewalk. However, filing a case against a city involves a different set of deadlines and conditions, which is why it is important to hire an experienced slip and fall attorney. If the city's negligence causes your injuries, due to improperly maintained sidewalks, highways, roadways, or bridge abutments, the city or town can be held liable. You should be aware that there are very strict and short timelines to file a petition putting the city on notice as well as caps on damages depending on where the injury occurs. As an example of timelines, if the injury occurred in RI, you must put the town or city on notice within 60 days. In MA, you must put the town or city on notice within 30 days. In MA, if you are injured as a result of a defective sidewalk, which the town is responsible for, there may be a cap on damages at $5,000. Contact Rob Levine & Associates immediately to preserve your rights against the town.  

In order to decrease the decision time for a claim, the SSA has identified a list of conditions that have already met their standards for disability benefits. This initiative was created to help those with serious disabilities by simplifying the process. There are two ways your condition will qualify you for benefits under the CAL Initiative.

• If you have a listed illness or disease that is the same as listed in the schedule of diseases listed on the SSA website, you may automatically qualify for benefits.
• If your disability has the same signs and symptoms as a disease listed on the schedule under the CAL Initiative, then you may qualify for benefits as well.

 

If you were driving a motor vehicle, were hit by another car, and the other vehicle is at fault, the first insurance coverage that you are going to investigate to hold responsible for the accident is insurance covering the vehicle that was at fault - meaning, does the owner of the vehicle have a liability policy. In addition to the owner's liability coverage, you can look at liability coverage for the driver of the at-fault vehicle.  If neither have this coverage, you will have to look for an uninsured motorist policy. Uninsured coverage means just as it sounds, coverage protecting you when an at-fault vehicle has no insurance. The first policy you will look for is your own - do you carry an uninsured motorist policy on a vehicle you own, not necessarily the vehicle you drove during the accident. The second policy is an Uninsured motorist policy for the vehicle you were in during the accident and the third policy is uninsured motorist policy held by someone you are related to by blood or marriage. You can use any one of those policies or all three of them as long as they are on separate policies. Separate policies mean that if you own two vehicles, the one you are driving and the one that is home; or your policy and your father's policy, those vehicles must be insured under separate policies. If both are listed under one policy, you cannot use both, only one on that policy. Lastly, you should be aware that uninsured motorist coverage also stands for underinsured motorist coverage. That means that if you are using one or both of the policies discussed above, and their insurance policy is not enough to cover your damages, you can add on top of that policy your underinsured motorist coverage.  This can be either your policy on your vehicle, the vehicle you are in, or a family member's (related to by blood or marriage) policy.

Rob Levine & Associates only gets paid if you win your appeal. If we assist you with an initial claim and you win, there is no fee. If we win your appeal, we are paid a percentage of your past-due benefits (also referred to as your retro award).  This means that we take nothing of your future benefits that we help you establish – we are just paid from your retro award. We will never ask for money upfront. If your case isn’t won, you pay us nothing.