AREAS OF LAW

Is My Settlement Taxable?

An award for pain and suffering is not taxable however if there is a recovery for lost wages, the lost wage portion is taxable.

Am I Entitled to Interest on the Amount of Damages I suffered From My Auto Accident?

If a lawsuit is filed as a result of an auto accident, interest at 12% per year will accrue from the date of the accident. Depending on how the case is ultimately resolved, interest may be awarded to the amount of damages. For example, if a jury on May 1, 2007 awards damages of $10,000.00 for an accident that occurred on January 1, 2005, the interest would be 16% and the total award would be $11,600.00.

What is My Case Worth?

The answer to this question depends on numerous factors and is impossible to determine at the initial meeting. Such factors include fault of the parties, nature and extent of the injury(s), length of medical treatment and lost wages to name a few. Only as the case progresses can an attorney begin to formulate a case's valuation.

What if My Damages Exceed the Insurance Coverage of the Driver That Hit Me?

Your UM coverage should also cover Under-insured motorists for motorists with small liability policies and the extent of your damages exceeds their policy. For example Rhode Island only requires that a driver maintain a liability policy with $25,000/$50,000 limits. It is important to contact an attorney before using UM coverage.

How Long Will it Take Before My Case is Settled?

As in valuing a case, this is also dependent on many factors such as the nature and extent of the injury(s), length of treatment and whether there are liability issues. Furthermore, if a lawsuit needs to be filed, this will certainly delay settlement.

Should I Give a Statement to the Other Driver's Insurance Carrier?

No. Any contact made by the other driver's insurance carrier should be referred to your attorney. However, if you are bringing a claim against your UM coverage, you do have an obligation to cooperate with your insurance carrier.

How Do I Recover Property Damage?

If you have collision coverage as a part of your insurance policy, you can recover your property damage through your own carrier. This will typically result in getting your car fixed faster than trying to put your claim through the other drivers insurance, especially if there is an issue of liability. If you are not at fault, your insurance carrier will recover what it paid for property damage from the other driver's carrier if they had insurance.

What is Mediation?

Mediation typically entails the use of an experienced attorney to assist the parties in settling a claim.

What is the Difference Between Court Annexed Arbitration and Binding Arbitration?

Court Annexed Arbitration occurs when the parties agree to submit the claim to a neutral third party arbitrator. The arbitrator will determine the value he or she believes the claim is worth. The decision of the arbitration, however, is not binding on either party although the parties may agree and accept the value. Binding arbitration is just that, binding. The arbitrator's decision is final and binding on both parties.

Will My Case Go To Trial?

Motor vehicle cases rarely go before a jury except in rare circumstances.

Should I Use My Health Insurance to Pay for My Medical Bills?

Yes. However, if you don't have health insurance, we will help you find physicians who will provide treatment and are willing to receive payment for their services out of any settlement or verdict.

What is Med Pay?

Most people who have auto insurance in Rhode Island have a Med Pay benefit through their automobile insurance. It is typically $2,500 or $5,000.00. Med pay benefits can be used to pay for your medical bills in the event that you don't have health insurance. While you are not obligated to use Med Pay, some health insurance companies have provisions in their policies that force you to exhaust your Med Pay coverage before the health insurance will begin paying. If you have any questions about Med Pay or how to pay your medical bills, please call for a free consultation.

Is There a Residency Requirement in Order to File a Divorce in the State of Rhode Island?

Under Rhode Island law, a person who is contemplating filing for divorce must have lived here for twelve (12) months prior to filing a complaint. The law requires two (2) witnesses to testify to the residency of the person filing for divorce.

Is Child Support Based on Gross or Net Income?

Child support is based on your gross or “before taxes” income. The Rhode Island Family Court uses specific guidelines to establish monthly child support amounts based on the parents’ combined gross monthly income.

How Long Will it Take for the Divorce to be Final?

If the divorce is uncontested from the start it generally takes five and a half months for a final judgment to enter from the date a complaint was filed. Typically, the parties must wait three months and a day before a final judgment may be filed. However, if the parties have lived separate and apart for a period in excess of three years, the divorce could be final in three months, assuming it is uncontested from the start.

Does the Conduct of the Parties During the Marriage Have an Impact on the Distribution of the Marital Estate?

Rhode Island is an “equitable distribution” state which means a judge could find the conduct of one party caused the breakdown of the marriage. In the event a judge makes such a finding, he or she could award the “non-offending” spouse a higher percentage of the assets. After hearing all the evidence, the judge would decide if a disproportional split of the marital assets is warranted.

Are Pensions and Retirement Accounts Subject to Distribution as Part of the Divorce?

The short answer is yes. Generally, the marital portion of the retirement accounts are subject to distribution as part of the marital estate.

Is My Spouse’s Credit Card Debt Also My Debt?

As long as the credit card debt is “marital in nature” then typically both parties would be required to pay it. In other words, if the credit card debt is a result of paying marital bills (i.e. groceries, utilities, children’s clothing, vacations, etc.), then each spouse will be responsible for half.

Will I Be Able to Stay on My Spouse’s Health and Dental Plans Once the Divorce is Final?

If the spouse who maintains the employer sponsored health and dental plans works for an employer who does not restrict covering ex-spouse’s after the final judgement enters, then generally yes. If the employer has a policy in which it is stated the employer will not offer these benefits to ex-spouses once the final judgement enters, then no. There are also certain triggers that may end the coverages after the final judgement is entered, such as remarriage of either party, among other things.

Can I Relocate My Child to Another State Without the Other Parent’s Consent?

This question requires a significant amount of discussion, which is best suited for a consultation. However, in general, in the absence of consent by both parents or a court order allowing the relocation, the answer is no. If the other parent does not consent, then the parent who wants to relocate should file a miscellaneous petition with the Family Court seeking a court order to relocate.

Is Alimony Deductible for the Spouse who Pays it and Reportable Income for the Spouse who Receives it?

It depends! Under the new federal law, alimony payments required under divorce instruments signed after December 31, 2018 are no longer deductible for the person who pays it. The person who receives alimony under these post December 31, 2018 divorce instruments is no longer required to report the payments as income. This is not the case for divorce instruments containing alimony provisions signed before December 31, 2018. Under these instruments, the alimony payments are still deductible and the payments must be reported as income. However, this may change if either party moves to modify the alimony provision of a divorce instrument after December 31, 2018.

How long Do I have to Pay Child Support?

Child support is paid until the child is eighteen (18) and out of high school but no later than age nineteen (19). However, child support payments may be extended, by a judge, if the child suffers from a disability beyond age nineteen (19).