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How A Rhode Island Estate Plan Can Protect Inheritance from Addiction or Irresponsibility

Sun, 12 Apr 2026 04:00:34 GMT

How A Rhode Island Estate Plan Can Protect Inheritance from Addiction or Irresponsibility

Planning how your assets will be distributed after your death is an important step in protecting your family’s future. For many individuals, however, concerns about a beneficiary’s addiction, financial irresponsibility, or vulnerability to outside influence can make estate planning more complex. Without proper planning, an inheritance may be quickly misused or lost, potentially causing long-term harm.

A carefully structured Rhode Island estate plan can help ensure that assets are preserved and used in a way that supports your loved ones rather than putting them at risk. At Tomassi Law, LLC we can provide legal assistance to the Warwick public when creating estate plans designed to protect beneficiaries and safeguard family wealth.

The Risks of Leaving Assets Outright

Leaving an inheritance directly to a beneficiary through a simple will may seem straightforward, but it can sometimes create problems. When assets are transferred outright, the beneficiary gains full control over how the money or property is used.

For beneficiaries who struggle with addiction, poor financial decisions, or outside pressure from others, this can result in the rapid loss of inherited assets. In some cases, funds may even enable harmful behavior or create additional legal or financial problems.

Estate planning tools can help reduce these risks by controlling when and how assets are distributed.

Using Trusts to Protect an Inheritance

One of the most effective ways to protect an inheritance is through the use of a trust. A trust allows assets to be managed by a trustee for the benefit of a beneficiary under specific conditions set by the person creating the estate plan.

Rather than giving the beneficiary immediate access to the entire inheritance, a trust can provide structured distributions over time. The trustee can also use the funds to pay for approved expenses such as housing, education, healthcare, or other necessities.

This structure helps ensure that the inheritance serves its intended purpose while protecting it from misuse.

Discretionary Trusts for Vulnerable Beneficiaries

A discretionary trust gives the trustee flexibility to decide when and how distributions should be made. This can be particularly helpful when a beneficiary struggles with addiction or financial irresponsibility.

The trustee may delay distributions if the beneficiary is in a harmful situation or may provide funds only for certain needs. This allows the trustee to act

in the beneficiary’s best interest while preserving the assets.

Because the trustee has control over distributions, this type of trust can prevent large sums of money from being spent impulsively.

Incentive Trusts and Conditional Distributions

Some estate plans include incentive trusts, which allow the person creating the trust to set certain conditions before a beneficiary receives funds. These conditions may involve completing education, maintaining employment, or participating in treatment or recovery programs.

The goal is not to punish beneficiaries but to encourage responsible behavior and promote long-term stability. By tying distributions to positive actions, incentive trusts can help guide beneficiaries toward healthier choices.

Choosing the Right Trustee

Selecting the right trustee is a critical part of any trust designed to protect a vulnerable beneficiary. The trustee will be responsible for managing the

assets, making distribution decisions, and ensuring the terms of the trust are followed.

Many people choose a trusted family member, professional fiduciary, or financial institution to serve in this role. The right trustee should be capable of making responsible decisions and acting in the beneficiary’s best interest.

Estate Planning Provides Long-Term Protection

Estate planning is not only about deciding who receives your assets—it is also about protecting those assets so they can truly benefit your loved ones. When beneficiaries face challenges such as addiction or financial irresponsibility, thoughtful planning can help prevent an inheritance from becoming a burden rather than a support.

Tools such as trusts, structured distributions, and carefully selected trustees can provide long-term protection for family wealth while still allowing beneficiaries to benefit from their inheritance.

Working with a legal professional can help ensure that an estate plan reflects your goals and addresses potential risks. At Tomassi Law, LLC we can provide legal assistance to the Warwick public when creating estate plans designed to protect loved ones and preserve assets for the future.

How Probate Can Affect Real Estate Sales in Rhode Island

Wed, 11 Mar 2026 15:02:20 GMT

How Probate Can Affect Real Estate Sales in Rhode Island

Real estate transactions can become more complicated when a property owner passes away. In Rhode Island, real estate that belonged to a deceased individual often must go through the probate process before it can be sold or transferred to a new owner. Probate is the legal process used to settle a person’s estate, pay debts, and distribute assets according to a will or state law.

If a home or other property is part of an estate, the probate process can directly affect when and how that property may be sold. Understanding how probate works can help families and potential buyers avoid unexpected delays or legal complications.

What Is Probate in Rhode Island?

Probate is a court-supervised process that takes place after someone passes away. During probate, the court confirms the validity of the deceased person’s will, appoints an executor or administrator, and oversees the distribution of the estate’s assets.

If the deceased owned real estate solely in their name, the property typically becomes part of the probate estate. This means the executor must follow certain legal procedures before the property can be transferred or sold.

When Real Estate Must Go Through Probate

In many Rhode Island estates, real estate must pass through probate when the property is owned solely by the deceased and does not have a designated transfer mechanism. For example, probate may be required if the property:

Was owned only by the deceased person
Was not held in a trust
Did not include joint ownership with rights of survivorship
Did not have a beneficiary designation

In these situations, the probate court must authorize the handling of the property before it can legally change ownership.

How Probate Can Delay a Real Estate Sale

Probate can affect real estate sales by creating delays or additional steps before a transaction can move forward. The executor of the estate may need court approval to sell the property, particularly if the will does not clearly authorize the sale.

Other factors that can delay a sale include:

Identifying and notifying heirs and beneficiaries
Resolving debts or claims against the estate
Completing property appraisals
Obtaining court permission to proceed with the sale

These requirements can extend the timeline for closing a real estate transaction.

Selling Property During Probate

Even though probate can complicate a sale, it does not necessarily prevent the property from being sold. In many cases, the executor or estate administrator may sell the property if doing so benefits the estate or helps settle debts.

However, certain legal steps must be followed. This can include filing requests with the probate court, providing documentation related to the property, and ensuring the sale complies with Rhode Island probate laws.

Buyers should also be aware that purchasing a property from a probate estate may involve additional waiting periods or court approvals before the transaction is finalized.

Avoiding Probate Issues With Real Estate

Some property owners plan ahead to prevent probate complications from affecting their real estate. Estate planning tools such as living trusts, joint ownership arrangements, or other transfer mechanisms may allow property to pass directly to beneficiaries without going through probate.

While these strategies can simplify the transfer of property, they must be properly established and maintained to be effective.

How Legal Guidance Can Help With Probate and Real Estate

Because probate and real estate law can overlap, it is often helpful to work with a legal professional when handling property within an estate. Proper legal guidance can help executors understand their responsibilities and ensure that any property sale follows Rhode Island requirements.

At Tomassi Law, LLC , we can provide legal assistance to the Warwick public regarding probate matters that may affect real estate transactions. Our team can help clients navigate the legal process and address issues that arise when selling or transferring property from an estate.

How Probate Works When a Beneficiary Has Died

Mon, 19 Jan 2026 05:00:50 GMT

How Rhode Island Probate Works When a Beneficiary Has Died

When a loved one passes away, the probate process ensures their assets are distributed according to their will or Rhode Island law. But what happens when a named beneficiary dies before or during probate? This situation adds another layer of complexity, and understanding how the process works can help families avoid unnecessary delays and disputes. At Tomassi Law, LLC, we assist the Warwick community in navigating these challenges with clarity and confidence.

What Happens If a Beneficiary Dies Before the Person Who Made the Will?

If a beneficiary dies before the person who created the will (the testator), Rhode Island’s “anti-lapse” statute may apply. This law prevents certain gifts from failing if the beneficiary was related to the testator.

If the beneficiary was a descendant of the testator (such as a child or grandchild), their share may pass to their own descendants unless the will states otherwise.
If the beneficiary was not a descendant, the gift typically “lapses,” meaning it becomes part of the estate’s residual assets.

Clear drafting within the will can override the statute, so each situation depends on the specific language in the document.

What If the Beneficiary Dies After Probate Begins?

If a beneficiary is alive when the testator dies but passes away during probate, their inheritance usually becomes part of their own estate. In this case:

Their share will go to their heirs according to their will or Rhode Island intestacy law.
Their executor or administrator steps in to receive the inheritance on behalf of their estate.

This may slow the probate process, as the court must coordinate with the beneficiary’s estate representative.

How Rhode Island Handles Lapsed or Void Gifts

When a gift lapses—because the beneficiary predeceased the testator and the anti-lapse rule does not apply—the inheritance typically:

Falls into the residuary estate (the remaining assets after specific gifts), or
Is distributed among surviving beneficiaries based on the will’s instructions.

If no will exists, Rhode Island’s intestacy laws determine how property is divided among surviving family members.

Why These Situations Complicate Probate

When a beneficiary dies, probate may become more involved because:

Additional probate estates may need to be opened.
More legal notices and court filings may be required.
Conflicts can arise among surviving family members over who should receive the deceased beneficiary’s share.

These factors can extend timelines and increase administrative responsibilities for the executor.

How Tomassi Law, LLC Can Assist

Understanding the implications of a beneficiary’s death during probate requires careful review of the will, state statutes, and the circumstances of each estate. At Tomassi Law, LLC, we guide Warwick families through these issues by:

Reviewing wills and estate documents
Interpreting Rhode Island’s anti-lapse and probate laws
Assisting executors with filings, notices, and distribution
Helping resolve disputes among heirs
Advising families on updating their own estate plans to avoid similar complications

Conclusion

The death of a beneficiary during probate can create complications that are difficult to navigate alone. Whether the issue is a lapsed gift, delayed distribution, or coordination with another estate, Rhode Island law provides a clear framework—but applying it can be challenging. Having legal guidance can help ensure the estate is handled smoothly and according to the decedent’s wishes.

What Happens When a Seller Fails to Disclose Property Defects in Rhode Island?

Thu, 18 Dec 2025 20:14:55 GMT

What Happens When a Seller Fails to Disclose Property Defects in Rhode Island?

Buying a home is one of the most significant investments most people ever make. When sellers fail to disclose known defects, it can lead to costly repairs, unexpected safety issues, and stressful disputes. Rhode Island law provides important protections for buyers — and clear responsibilities for sellers — when it comes to disclosing property conditions. Understanding these rules can help you take action if you discover hidden problems after closing. At Tomassi Law, LLC, we assist the Warwick community with navigating real estate disclosure disputes.

Rhode Island’s Seller Disclosure Requirements

Rhode Island law requires sellers of residential real estate to provide buyers with a written disclosure form identifying any known defects or problems with the property. This includes issues such as:

Structural damage
Roof leaks or water intrusion
Electrical or plumbing malfunctions
Septic or sewer problems
Pest infestations
Environmental hazards
Past flooding, mold, or foundation problems

The disclosure form must be completed honestly and delivered before a purchase and sale agreement is executed.

Importantly, sellers are only obligated to disclose known issues. They are not required to conduct inspections, but they must not hide or misrepresent problems they are aware of.

What if a Seller Fails to Disclose a Defect?

When a seller knowingly conceals or fails to disclose a defect, Rhode Island buyers have several legal options.

1. Breach of Contract

The disclosure form becomes part of the sale agreement. If the seller lies or omits material information, the buyer may sue for breach of contract.

2. Fraud or Misrepresentation

If the seller intentionally hid or misrepresented a defect, the buyer may pursue a fraud claim. This may allow for recovery of damages, and in some cases, additional compensation.

3. Rescission of the Sale

In severe cases, the buyer may seek to undo the sale entirely. Rescission returns both parties to their pre-sale positions, though it is typically reserved for major or dangerous undisclosed defects.

4. Repair Costs and Monetary Damages

Buyers may be entitled to recover the costs of repairs, reduction in property value, or other financial losses caused by the undisclosed issue.

How to Prove an Undisclosed Defect Claim

To take legal action, a buyer usually must show:

The defect existed before closing
The seller knew about the issue
The issue was not disclosed
The buyer relied on the disclosure form when purchasing
The defect caused financial harm

Evidence may come from inspection reports, contractor evaluations, past repair records, or communication from the seller.

Steps to Take If You Discover a Hidden Defect

If you find a serious issue with your new home, consider:

Documenting the Problem – Photos, videos, and repair estimates provide essential proof.
Reviewing the Disclosure Form – Compare what was disclosed with what you discovered.
Consulting a Real Estate Attorney – An attorney can evaluate your claim and help pursue compensation.

Tomassi Law, LLC is available to provide guidance and advocate for Warwick-area homeowners facing these disputes.

Conclusion

Undisclosed property defects can create expensive and overwhelming challenges for Rhode Island homebuyers. Fortunately, state law gives buyers clear rights and avenues for compensation. Taking action early can help protect your investment and ensure accountability.

How Debts Are Handled in Rhode Island Probate

Tue, 25 Nov 2025 05:00:30 GMT

How Debts Are Handled in Rhode Island Probate

When a loved one passes away, their estate often goes through probate—a legal process in which debts are settled and remaining assets are distributed to heirs. In Rhode Island, understanding how debts are handled during probate is essential for both families and personal representatives. At Tomassi Law, LLC, we help guide Warwick families through this process with clarity and care.

The Role of the Executor or Administrator

The executor (if named in a will) or court-appointed administrator is responsible for managing the estate. One of their key duties is identifying and paying the deceased person’s valid debts before distributing assets to beneficiaries. This means creditors often have priority over heirs when it comes to estate property.

Identifying and Notifying Creditors

Rhode Island law requires the estate representative to notify known creditors and publish notice to unknown creditors. Creditors are given a specific period of time to submit claims against the estate. If they fail to act within that timeframe, they may lose the right to collect.

Types of Debts Paid Through Probate

Typical debts settled during probate include:

Medical bills
Credit card balances
Mortgage payments
Personal loans
Taxes owed

These debts must be satisfied using estate funds before heirs can receive their inheritance.

What If the Estate Can’t Cover All Debts?

If the estate lacks sufficient assets, Rhode Island law sets out a priority system for paying debts. For example, administrative costs, funeral expenses, and taxes are typically paid before unsecured debts like credit cards. Beneficiaries generally do not become personally responsible for unpaid debts, unless they co-signed or guaranteed them.

Protecting Assets and Heirs

Because probate can be complicated, working with an attorney can help ensure debts are properly handled and that heirs receive what they are legally entitled to. At Tomassi Law, LLC, we assist Warwick families with probate matters, ensuring obligations are met while safeguarding beneficiaries’ rights.

How Long Do You Have to File a Personal Injury Lawsuit in Rhode Island?

Sat, 25 Oct 2025 04:00:02 GMT

How Long Do You Have to File a Personal Injury Lawsuit in Rhode Island?

When you suffer an injury due to someone else’s negligence, time is not only critical for your recovery but also for protecting your legal rights. Rhode Island law sets strict deadlines, known as statutes of limitations, that determine how long you have to file a personal injury lawsuit. Missing this deadline can permanently bar you from seeking compensation.

Rhode Island’s Statute of Limitations for Personal Injury

In Rhode Island, most personal injury lawsuits must be filed within three years from the date of the injury. This timeline applies to cases such as car accidents, slip and falls, and other negligence-based claims.

However, some circumstances may alter this deadline:

Medical Malpractice : These claims also generally follow the three-year rule, but the clock may start when the injury is discovered rather than when it occurred.
Wrongful Death : Families typically have three years from the date of death to file a claim.
Claims Against the Government : Lawsuits involving government entities often require much shorter notice periods, sometimes within just a few months.

Why Acting Quickly Matters

The sooner you take action, the stronger your case may be. Evidence can fade, witnesses may become harder to locate, and documentation can be lost over time. Beginning the legal process early gives your attorney the best chance to build a solid claim.

Seeking Legal Guidance in Warwick

Understanding Rhode Island’s personal injury deadlines can be complex. At Tomassi Law, LLC , we help Warwick residents navigate these strict timelines and pursue the compensation they deserve. If you’ve been injured, don’t wait—consulting with an attorney quickly is one of the most important steps you can take.

How to Enforce a Breach of Contract Claim in Rhode Island?

Wed, 24 Sep 2025 19:40:43 GMT

How to Enforce a Breach of Contract Claim in Rhode Island?

Contracts are meant to provide certainty, but when one party fails to live up to their obligations, it can cause significant financial and personal disruption. In Rhode Island, enforcing a breach of contract claim requires understanding your legal rights, the types of breaches recognized by law, and the steps necessary to protect your interests.

Types of Breach of Contract in Rhode Island

Material Breach – A major failure to perform that undermines the entire agreement. For example, a contractor not completing work as promised.
Minor Breach – A smaller issue that doesn’t destroy the agreement but still allows the harmed party to seek damages, such as a delay in performance.
Anticipatory Breach – When one party clearly indicates they will not fulfill their obligations before performance is due.

Steps to Enforce a Breach of Contract Claim

Review the Contract – Determine what terms were violated and whether the breach is material or minor.
Attempt Resolution – Sometimes, negotiations or mediation can resolve disputes without going to court.
Gather Evidence – Collect the contract, communications, receipts, and any other documents proving the breach.
File a Lawsuit – In Rhode Island, you may pursue damages or specific performance (forcing the breaching party to fulfill their promise).
Seek Remedies – Remedies can include compensatory damages, consequential damages, or equitable relief.

Why Legal Guidance Matters

Contract disputes can be complex, especially when determining damages or pursuing enforcement in court. An attorney can help assess your case, negotiate on your behalf, and ensure you follow Rhode Island’s legal requirements for filing and pursuing a claim.

At Tomassi Law, LLC, we can provide legal assistance to the Warwick public in resolving breach of contract disputes and protecting your rights.

Contesting a Will in Rhode Island: What You Need to Know

Sun, 17 Aug 2025 16:45:00 GMT

Contesting a Will in Rhode Island: What You Need to Know

When a loved one passes away, the distribution of their estate can bring clarity—or conflict. If you believe a will does not reflect the true intentions of the deceased or that legal improprieties occurred, Rhode Island law does provide mechanisms to contest it. At Tomassi Law, LLC, we assist the Warwick community in navigating the complex process of will contests with clarity and compassion.

Legal Grounds for Contesting a Will in Rhode Island

To successfully challenge a will, you must present valid legal grounds. Rhode Island courts do not entertain disputes based solely on dissatisfaction with inheritance. Here are the most recognized grounds for contesting a will:

1. Lack of Testamentary Capacity

The person who made the will (the testator) must have been mentally competent at the time of its creation. This means they must have understood:

The nature of creating a will
The extent of their assets
The identity of the natural beneficiaries (heirs)

If the testator was suffering from dementia, mental illness, or was under the influence of medication that impaired judgment, their capacity may be questioned.

2. Undue Influence

A will can be contested if someone exerted significant pressure over the testator to influence the distribution of assets. This commonly occurs when a caregiver, family member, or close friend manipulates the testator for personal gain, especially when the resulting will deviates from previously stated intentions.

3. Fraud or Forgery

A will signed under false pretenses or forged is invalid. If evidence shows that the testator was tricked into signing the will, or the signature was not theirs, the document can be invalidated.

4. Improper Execution

Rhode Island requires wills to meet specific formalities. Generally, the will must:

Be in writing
Be signed by the testator (or by someone else in their presence and at their direction)
Be witnessed by at least two individuals who also sign the document

If these requirements are not met, the will may be deemed legally unenforceable.

5. Subsequent Will or Codicil

If a newer will exists and was properly executed, it can revoke a previous will. Contesting a will based on the existence of a more recent version is a valid challenge.

Who Can Contest a Will?

Not everyone can file a challenge. In Rhode Island, you must be an "interested party"—typically someone who stands to gain or lose financially from the outcome. This includes heirs, beneficiaries named in previous wills, or individuals who would inherit under intestate succession laws if the will is invalidated.

When and How to Contest a Will

A petition to contest a will must be filed within a strict legal timeframe—usually within six months of the will being admitted to probate. Acting quickly and consulting an attorney familiar with Rhode Island probate law is essential.

Legal Support in Warwick

If you suspect something is wrong with a will that affects you or a loved one, Tomassi Law, LLC is here to help. We assist clients in Warwick and throughout Rhode Island in evaluating the merits of a challenge and taking decisive legal action when warranted.

Why Motorcycle Accident Claims Are Different from Car Accident Cases in Rhode Island

Thu, 17 Jul 2025 16:30:02 GMT

Why Motorcycle Accident Claims Are Different from Car Accident Cases in Rhode Island

Motorcycle accidents in Rhode Island often result in more serious injuries, complicated investigations, and unique legal challenges when compared to standard car accident cases. At Tomassi Law, LLC, we help clients in Warwick understand the distinct legal and procedural factors that can impact their motorcycle accident claims.

Severity of Injuries and Damages

Motorcyclists are more exposed to the elements than occupants in passenger vehicles, making them far more vulnerable in the event of a crash. As a result, these accidents frequently lead to catastrophic injuries such as spinal damage, traumatic brain injuries, or severe fractures. This often means motorcycle claims involve higher medical expenses, longer recovery times, and greater claims for pain and suffering.

Bias Against Motorcyclists

Unfortunately, motorcyclists often face negative stereotypes that can influence insurance companies, jurors, and even law enforcement. There’s a common but inaccurate perception that riders are reckless, which can hurt a claim—even when the motorcyclist was obeying all traffic laws. Overcoming this bias requires strong advocacy and clear presentation of evidence to show exactly what happened.

Different Accident Dynamics

Motorcycle crashes tend to involve different physics and mechanics than car accidents. A pothole, for example, that might be inconsequential to a car can be deadly to a rider. Lane splitting, road debris, and visibility issues also play a much greater role in these cases. These factors require a legal team familiar with the unique nuances of motorcycle accident reconstruction.

Insurance and Policy Coverage Challenges

Many motorcycle accident victims discover too late that the coverage available to them is significantly different—or more limited—than what they might expect from a car accident. Rhode Island law mandates minimum levels of coverage, but optional coverages like uninsured motorist protection are especially critical for riders. Understanding what coverage is available and how to access it becomes an essential part of the claims process.

Helmet Laws and Comparative Negligence

Rhode Island does not require helmets for all riders, but failing to wear one can still impact a claim. Insurance adjusters may argue that not wearing a helmet contributed to the extent of your injuries. Rhode Island follows a comparative negligence system, which means your compensation can be reduced if you’re found partially at fault.

How Tomassi Law, LLC Can Help

Our team at Tomassi Law, LLC serves the Warwick community with a thorough and strategic approach to motorcycle accident claims. We investigate every angle—from the accident scene to medical records to insurance policy language—to build strong, well-supported cases. We’re here to ensure that your rights are upheld and that you pursue the compensation you deserve.

What to Know Before Selling Property in Rhode Island

Mon, 16 Jun 2025 16:18:40 GMT

What to Know Before Selling Property in Rhode Island

Selling property in Rhode Island involves more than just finding a buyer. From required disclosures to closing costs, understanding the legal and financial responsibilities ahead of time can help make your sale smoother and legally sound. At Tomassi Law, LLC, we assist individuals in Warwick and beyond with clear guidance through every step of the process.

Understanding Rhode Island’s Property Disclosure Laws

Rhode Island law requires sellers to provide a written property disclosure form to potential buyers. This includes information about:

Structural or environmental defects
History of flooding, fires, or pest infestations
Condition of appliances and systems
Legal use of the property

Failing to provide this disclosure can lead to delays, renegotiations, or legal liability.

Reviewing Title and Resolving Liens

Before listing your property, it’s important to confirm that your title is clear. A title search may reveal:

Outstanding mortgages
Unpaid taxes
Mechanics’ liens
Easements or boundary issues

Addressing these early helps prevent surprises during closing.

Rhode Island Real Estate Transfer Tax

Rhode Island charges a real estate conveyance tax—commonly referred to as a transfer tax—on the sale of real property. As of now, sellers are typically responsible for this tax. Rates may vary depending on the sale price, and exemptions may apply in certain circumstances.

Inspections and Appraisals

While buyers often arrange inspections, sellers should be prepared to negotiate based on inspection results. Pre-listing inspections can help identify and address concerns in advance. Additionally, a lender’s appraisal must support the agreed-upon price for financing to proceed.

Closing Costs and Legal Representation

Sellers in Rhode Island may incur costs such as:

Title preparation fees
Transfer taxes
Attorney’s fees
Broker commissions

Having an attorney review or draft the purchase and sale agreement ensures that your interests are protected and that the transaction complies with Rhode Island law.

When to Consult a Real Estate Attorney

Although it’s not legally required for a seller to have an attorney in Rhode Island, doing so can help you:

Avoid errors in contracts or disclosures
Resolve title or lien issues
Understand your tax obligations
Handle disputes that arise before or during closing

At Tomassi Law, LLC, we work closely with clients in Warwick and surrounding areas to ensure property sales go as smoothly as possible.

How to Avoid Probate with a Proper Estate Plan in Rhode Island

Tue, 20 May 2025 15:15:00 GMT

How to Avoid Probate with a Proper Estate Plan in Rhode Island

Avoiding probate is one of the most common reasons people create an estate plan. Probate is the court-supervised process of distributing a deceased person’s assets. It can be time-consuming, costly, and public. With the right estate planning strategies in place, Rhode Island residents can help their families avoid the stress and delays associated with probate.

At Tomassi Law, LLC, we help individuals and families across Rhode Island develop clear, effective estate plans designed to simplify the transfer of assets and minimize legal complications.

Why Avoid Probate?

Probate in Rhode Island can take several months to over a year to complete, depending on the complexity of the estate and whether disputes arise. During that time, assets may be tied up and inaccessible to beneficiaries. Probate also involves court fees, potential executor compensation, and public disclosure of your estate. A proper estate plan can streamline the process—or eliminate the need for it entirely.

Key Ways to Avoid Probate in Rhode Island

1. Create a Revocable Living Trust
A revocable living trust allows you to place assets into a trust during your lifetime while maintaining control over them. Upon your death, a successor trustee distributes the trust assets according to your instructions—without probate.

2. Use Beneficiary Designations
Certain assets, like retirement accounts, life insurance policies, and payable-on-death (POD) bank accounts, allow you to name beneficiaries. These assets transfer directly to the named individuals upon your death and bypass the probate process.

3. Hold Property Jointly
Joint ownership with right of survivorship means that when one owner dies, the property automatically passes to the surviving owner. This approach is often used for real estate or bank accounts between spouses or family members.

4. Use Transfer-on-Death (TOD) Deeds
In some cases, Rhode Island residents may be able to use a TOD deed to pass real estate to a named beneficiary without going through probate. This must be carefully drafted to comply with state law.

5. Make Gifts During Your Lifetime
Gifting assets during your lifetime removes them from your probate estate. However, it's important to consider tax consequences and eligibility for Medicaid or other benefits before transferring ownership.

The Importance of Legal Guidance

While there are many tools available to help avoid probate, the effectiveness of each depends on your specific financial and family situation. At Tomassi Law, LLC, we help clients understand the options that best fit their goals, ensuring their estate plans are legally sound and fully aligned with Rhode Island law.

Proper planning today can protect your loved ones from future stress and preserve more of your estate for the people who matter most.

Understanding Comparative Fault and How It May Impact Your Personal Injury Case in Rhode Island

Sun, 20 Apr 2025 15:15:00 GMT

Understanding Comparative Fault and How It May Impact Your Personal Injury Case in Rhode Island

When you're injured in an accident, determining who was at fault is a critical part of any personal injury claim. In Rhode Island, the concept of comparative fault plays a major role in how compensation is awarded. If you were partially responsible for your injuries, you may still recover damages—but your compensation could be reduced based on your share of the blame.

At Tomassi Law, LLC , we help injured individuals in Rhode Island navigate these complex legal issues and pursue the compensation they deserve.

What Is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal doctrine used to apportion blame among all parties involved in an accident. Under this system, a court or insurance company evaluates each party’s level of fault and adjusts compensation accordingly.

Rhode Island follows the pure comparative fault rule. This means that even if you are 99% at fault , you may still recover 1% of the damages . Your total recovery is simply reduced by your percentage of fault.

An Example of Comparative Fault in Action

Imagine you were in a car accident where the other driver ran a red light, but you were speeding at the time. If your total damages amount to $100,000 and the court finds you 30% at fault for speeding, you would still be eligible to recover $70,000.

This system ensures a fairer distribution of damages but also makes injury claims more complex—especially when multiple parties are involved.

How Comparative Fault Can Affect Your Case

The more fault assigned to you, the less compensation you can receive. Insurance companies often use comparative fault to minimize payouts. They may argue that your actions contributed more to the accident than they actually did.

This is why it’s important to have a lawyer who understands how to counter those claims with strong evidence and effective legal strategy. At Tomassi Law, LLC , we analyze your case thoroughly, collect supporting documentation, and work to hold the at-fault parties accountable.

Don’t Let Partial Fault Stop You from Seeking Compensation

Even if you believe you were partially responsible for an accident, you shouldn’t assume you don’t have a case. Rhode Island law gives injured parties the opportunity to recover damages in proportion to their level of fault. A consultation with a knowledgeable attorney can help you understand where you stand and what options you have.

Legal Considerations When Buying Property with a Partner in Rhode Island

Wed, 19 Mar 2025 15:01:52 GMT

Legal Considerations When Buying Property with a Partner in Rhode Island

Buying property with a partner—whether romantic, familial, or business—is an exciting step, but it's also one that comes with legal complexities. In Rhode Island, co-owning real estate can offer financial and practical benefits, but it’s important to take a proactive approach to avoid disputes down the line. At Tomassi Law, LLC, we help clients navigate the legal landscape of joint property ownership and protect their interests from the outset.

Types of Co-Ownership in Rhode Island

Rhode Island recognizes several ways to jointly own property:

Tenancy in Common (TIC): Each owner holds a specific share of the property, which can be unequal. These shares can be sold or transferred independently, and there is no right of survivorship.
Joint Tenancy with Right of Survivorship (JTWROS): Both owners have equal shares, and if one passes away, the surviving owner automatically inherits the deceased’s share.
Tenancy by the Entirety: This option is available only to married couples. It offers strong protections, including shielding the property from one spouse’s individual creditors.

Choosing the right form of ownership is critical, as it affects your rights during and after the relationship.

Drafting a Co-Ownership Agreement

Even if the property title spells out the form of ownership, a co-ownership agreement can go further in addressing:

How costs (mortgage, taxes, maintenance) will be shared
What happens if one partner wants to sell
Buy-out terms
How to handle disputes
Inheritance or succession plans

This agreement acts as a legal safety net and can save both time and money if the relationship changes or dissolves.

Mortgage and Credit Considerations

If you're both applying for a mortgage, keep in mind:

Both partners are liable for the entire mortgage, not just their “half.”
One partner’s credit score could impact the loan terms.
If the relationship ends, separating the mortgage responsibility can be difficult.

You may want to consult a lawyer to understand how these factors affect your long-term obligations.

What Happens If You Break Up or One Partner Dies?

Without proper legal planning, ending a personal or business relationship can trigger major complications:

One partner may be forced to buy out the other or sell the property altogether.
If one partner passes away and there's no right of survivorship or estate plan in place, the deceased’s share could go to their heirs—not the surviving partner.

An estate plan or cohabitation agreement can help ensure your wishes are followed, even if your circumstances change.

How Tomassi Law, LLC Can Help

At Tomassi Law, LLC, we work with clients throughout Rhode Island to make sure their property purchase is not only legally sound but also aligned with their long-term goals. Whether you’re buying a home with your significant other or investing with a friend, we can help draft agreements, review purchase documents, and guide you through the process from start to finish.

Why Every Adult Needs a Will in Rhode Island (No Matter Their Age or Wealth)

Fri, 28 Feb 2025 16:50:58 GMT

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Many people assume that wills are only necessary for the wealthy or elderly, but in reality, every adult in Rhode Island should have one. A will is a legal document that ensures your wishes are carried out after your passing, preventing unnecessary stress and legal complications for your loved ones. At Tomassi Law, LLC , we provide legal guidance to the Warwick community, helping individuals create wills that protect their assets and their families.

Protecting Your Loved Ones

A will provides clear instructions on how your assets should be distributed, ensuring that your loved ones receive what you intend. Without a will, Rhode Island’s intestacy laws dictate how your estate is handled, which may not align with your wishes. This process can be time-consuming and emotionally taxing for your family.

Appointing Guardians for Minor Children

For parents, a will is essential to designate guardians for minor children. Without this, the court decides who will care for them, which may not align with your preferences. A will ensures that your children are raised by someone you trust.

Avoiding Family Disputes

Uncertainty about inheritance can lead to family conflicts. A well-drafted will provides clarity and prevents disputes that can arise when assets are distributed without clear direction.

Managing Digital Assets

Today, many people have digital assets, such as online banking, social media, and cryptocurrency. A will can specify how these accounts should be handled, protecting your digital legacy.

Easing the Probate Process

Having a will simplifies probate, the legal process of administering an estate. Without a will, probate can be lengthy and costly. A well-structured will helps your executor handle your estate efficiently, reducing delays and expenses.

Planning for Medical and Financial Decisions

While a will directs asset distribution after death, it is often paired with other estate planning tools like a durable power of attorney and healthcare directive. These documents allow someone you trust to make decisions on your behalf if you become incapacitated.

It's Never Too Early to Plan

Even young adults should consider creating a will. Life is unpredictable, and having a plan in place ensures that your wishes are honored, no matter what happens. Estate planning is not just for the wealthy; it is for anyone who wants to maintain control over their affairs.

At Tomassi Law, LLC , we assist individuals in Warwick and throughout Rhode Island with comprehensive estate planning, ensuring their assets and loved ones are protected. No matter your age or financial situation, having a will is a responsible step toward securing your future.

Commercial Leases vs. Residential Leases: Key Legal Differences in Rhode Island

Fri, 28 Feb 2025 16:47:01 GMT

Commercial Leases vs. Residential Leases: Key Legal Differences in Rhode Island

Leasing property in Rhode Island involves different legal considerations depending on whether the lease is for commercial or residential use. Understanding the distinctions between these two types of leases can help landlords and tenants make informed decisions and avoid legal complications.

Key Differences Between Commercial and Residential Leases

Legal Protections

Rhode Island law provides stronger protections for residential tenants than for commercial tenants. The Rhode Island Residential Landlord and Tenant Act governs residential leases, ensuring tenant rights such as habitability, proper notice for eviction, and limits on security deposits. Commercial leases, however, are largely governed by contract law, with fewer statutory protections for tenants.

Lease Terms and Negotiation

Residential leases tend to have standardized terms, often using one-year agreements with renewal options. Landlords typically cannot negotiate major changes due to tenant protection laws. Commercial leases, in contrast, are highly negotiable, allowing businesses to tailor lease terms, including rent structure, property use, and maintenance responsibilities.

Security Deposits and Rent Control

Rhode Island law limits security deposits for residential leases to one month's rent, and landlords must return deposits within 20 days after lease termination. No such restrictions apply to commercial leases, where landlords and tenants can negotiate deposit amounts and return policies freely.

Repairs and Maintenance Responsibilities

Residential landlords must maintain properties in habitable condition, ensuring compliance with building codes and necessary repairs. Commercial leases often shift maintenance responsibilities to the tenant, depending on the agreement. Tenants may be responsible for upkeep, utilities, and even structural repairs in some cases.

Eviction Process

Evictions for residential tenants must follow strict legal procedures, including required notices and potential court proceedings. Rhode Island law allows tenants to contest evictions, especially in cases involving habitability concerns. Commercial evictions, however, are typically governed by lease agreements, making it easier for landlords to enforce lease violations and reclaim the property.

Legal Guidance for Lease Agreements

Whether you are a business owner negotiating a commercial lease or a landlord drafting a residential lease, understanding the legal distinctions is crucial. At Tomassi Law, LLC , we provide legal assistance to the Warwick community, ensuring lease agreements comply with Rhode Island law while protecting your interests.

How Long Do You Have to File a Personal Injury Claim in Rhode Island?

Fri, 28 Feb 2025 16:41:08 GMT

How Long Do You Have to File a Personal Injury Claim in Rhode Island?

When you suffer an injury due to someone else’s negligence, understanding your legal rights is crucial. One of the most important aspects of a personal injury claim is knowing how long you have to file. In Rhode Island, the law imposes strict deadlines, and failing to act within the required timeframe can mean losing your right to seek compensation.

The Statute of Limitations for Personal Injury Claims in Rhode Island

Rhode Island law sets a three-year statute of limitations for personal injury claims. This means that you have three years from the date of the injury to file a lawsuit against the responsible party. If you do not file within this period, the court is likely to dismiss your case, preventing you from recovering damages for medical expenses, lost wages, and pain and suffering.

Exceptions to the Three-Year Rule

While three years is the general rule, certain circumstances can extend or shorten this deadline:

Discovery Rule: If an injury is not immediately apparent, the statute of limitations may begin when the injury is discovered or should have been discovered.
Minors and Incapacitated Individuals: If the injured party is a minor or legally incapacitated, the statute of limitations may be paused until they reach legal age or regain capacity.
Claims Against the Government: If your claim is against a city or state entity, special notice requirements and shorter deadlines may apply.

Why Acting Quickly Matters

Even though three years may seem like a long time, waiting to file can negatively impact your case. Evidence can be lost, witnesses' memories may fade, and negotiations with insurance companies take time. Consulting with a personal injury attorney as soon as possible helps protect your rights and builds a strong case for compensation.

Legal Assistance for Personal Injury Claims in Warwick

At Tomassi Law, LLC , we assist injured individuals in Warwick and throughout Rhode Island in navigating the legal process. Our team works diligently to ensure you receive fair compensation for your injuries. If you’ve been hurt due to someone else’s negligence, don’t wait—reach out today to discuss your case and explore your legal options.

Understanding Liability in Rhode Island Bicycle Accidents

Wed, 20 Nov 2024 21:00:00 GMT

Understanding Liability in Rhode Island Bicycle Accidents

Being involved in a bicycle accident can be a traumatic experience, especially when it results in injuries. If you are a Rhode Island resident who has been injured in a bicycle accident, you may be wondering how liability is determined in these types of situations. At Tomassi Law, LLC, we assist Warwick residents with personal injury matters, including those related to bicycle accidents. In this blog post, we will discuss how liability is determined in Rhode Island bicycle accidents and how our team can help you navigate the legal process.

In Rhode Island, liability in bicycle accidents is determined based on the principles of negligence. This means that the person who caused the accident by acting carelessly or recklessly may be held liable for any resulting injuries or damages. In order to establish liability, it must be proven that the at-fault party owed a duty of care to the bicyclist, breached that duty through their actions or inaction, and that breach directly caused the accident and resulting injuries.

When it comes to bicycle accidents, common causes of negligence include distracted driving, failing to yield right of way to cyclists, speeding, running red lights or stop signs, and driving under the influence of drugs or alcohol. If you have been injured in a bicycle accident due to another party's negligence, it is important to gather evidence such as witness statements, police reports, medical records, and photos of the scene to support your claim for compensation.

At Tomassi Law, LLC, our experienced personal injury attorneys understand the complexities of Rhode Island laws regarding bicycle accidents and can help you build a strong case for liability. We will work diligently to investigate the circumstances surrounding your accident and determine who should be held responsible for your injuries and damages. Our goal is to ensure that you receive fair compensation for medical expenses, lost wages, pain and suffering, and other losses incurred as a result of the accident.

In addition to establishing liability for your bicycle accident injuries, our team at Tomassi Law can also assist you with navigating insurance claims processes and negotiating settlements with insurance companies on your behalf. We understand that dealing with insurance companies can be overwhelming while recovering from injuries sustained in an accident. Let us handle the legal aspects of your case so that you can focus on healing and moving forward with your life.

If you have been injured in a bicycle accident in Rhode Island and are unsure about how liability is determined or what steps to take next, contact Tomassi Law today for a free consultation. Our dedicated team of attorneys is here to provide guidance and support throughout the legal process so that you can receive fair compensation for your injuries. Don't hesitate to reach out – we are here to help you get the justice you deserve.

Who Can File a Wrongful Death Lawsuit in Rhode Island?

Wed, 25 Sep 2024 19:45:12 GMT

Who Can File a Wrongful Death Lawsuit in Rhode Island?

Losing a loved one is never easy, and when their death was caused by the negligence or wrongful actions of another party, it can be even more devastating. In Rhode Island, family members of the deceased have the option to file a wrongful death lawsuit to seek justice and compensation for their loss. At Tomassi Law, LLC, we understand how difficult this process can be and are here to assist the Warwick public with personal injury matters, including wrongful death cases.

In Rhode Island, only specific individuals are eligible to file a wrongful death lawsuit on behalf of the deceased. Typically, immediate family members such as spouses, children, and parents are able to bring forth a claim. Other dependents who were financially supported by the deceased may also have standing to file a lawsuit. It's important to consult with an experienced attorney to determine if you qualify to pursue legal action in a wrongful death case.

When filing a wrongful death lawsuit in Rhode Island, it is crucial to establish that the death was caused by another party's negligence or intentional harm. This can include situations such as car accidents, medical malpractice, workplace accidents, or criminal acts. Proving liability in these cases can be complex and requires thorough investigation and evidence gathering. Having a skilled attorney on your side can help navigate these challenges and build a strong case on your behalf.

In Rhode Island, there is a statute of limitations for filing a wrongful death lawsuit, typically within three years from the date of the deceased's passing. It's important not to delay in seeking legal counsel if you believe you have grounds for a wrongful death claim. The sooner you take action, the better chance you have of securing justice and compensation for your loss.

At Tomassi Law, LLC, we have years of experience representing clients in personal injury matters, including wrongful death cases. Our team is dedicated to providing compassionate and effective legal representation for our clients during this difficult time. We understand the emotional toll that losing a loved one can take and are committed to fighting for your rights and seeking justice on your behalf.

Losing a loved one due to someone else's negligence or wrongdoing is a tragic experience that no family should have to endure. If you believe that your loved one's passing was preventable and caused by another party's actions, you may have grounds for filing a wrongful death lawsuit in Rhode Island. At Tomassi Law, LLC, we are here to support you through this challenging process and fight for justice on behalf of your family. Contact us today for a free consultation to discuss your case and learn more about how we can assist you with personal injury matters in Warwick and beyond.

Understanding the Statute of Limitations for Car Accidents in Rhode Island

Tue, 24 Sep 2024 19:17:21 GMT

Understanding the Statute of Limitations for Car Accidents in Rhode Island

Car accidents can be a traumatic experience, and dealing with the aftermath can be overwhelming. One important aspect to consider when involved in a car accident is the statute of limitations. Understanding how long you have to file a claim or lawsuit is crucial in ensuring you receive the compensation you deserve. At Tomassi Law, LLC, we are here to assist Rhode Island residents with personal injury matters, including navigating the statute of limitations for car accidents.

In Rhode Island, the statute of limitations for car accidents is typically three years from the date of the accident. This means that you have three years to file a lawsuit against the at-fault party for any damages or injuries sustained in the accident. It's important to note that if you fail to file within this time frame, you may lose your right to seek compensation for your losses.

However, there are some exceptions to this rule that may affect the time limit for filing a claim. For example, if you were a minor at the time of the accident, the statute of limitations may be extended until you reach legal age. Additionally, if the at-fault party leaves the state after the accident, the time limit may be tolled until they return.

When it comes to navigating these complex legal issues surrounding car accidents, having an experienced personal injury attorney on your side can make all the difference. At Tomassi Law, LLC, we have extensive experience handling car accident cases and can help ensure that your rights are protected throughout the legal process.

It's also important to keep in mind that gathering evidence and building a strong case takes time. The sooner you contact an attorney after a car accident, the better chance you have of securing a favorable outcome. Don't wait until it's too late – reach out to us at Tomassi Law, LLC as soon as possible if you've been involved in a car accident in Rhode Island.

Navigating the statute of limitations for car accidents in Rhode Island can be complicated, but with proper legal guidance from Tomassi Law, LLC, you can rest assured knowing that your rights are being protected. Remember that time is of the essence when it comes to filing a claim or lawsuit after a car accident – don't delay in seeking legal assistance. Contact us today to schedule a consultation and learn more about how we can help you through this challenging time.

Understanding Premise Liability in Rhode Island

Sat, 13 Jul 2024 20:45:00 GMT

Understanding Premise Liability in Rhode Island

Accidents can happen at any time, and when they do, they can be devastating. Injuries sustained from accidents on someone else's property are usually covered under premise liability law. Premises liability refers to the legal responsibility that a property owner or occupier has for injuries that occur on their property. If you live in Rhode Island, it is essential to understand how premise liability works and how it differs from other states.

How does premise liability work in Rhode Island?

In Rhode Island, premise liability laws cover accidents that occur on both public and private property. The law requires property owners or occupiers to maintain safe environments for visitors or guests. Property owners must take reasonable steps to ensure that their premises are free of hazards and danger to others.

If a person gets injured while on someone else's property, they must prove that the injury occurred due to the negligence of the owner or occupier of the premises. This means that they must show that the owner was aware of the defect or hazard but failed to fix it or warn visitors about it.

What changes about premise liability from state to state?

Premise liability laws vary from state to state. Some states follow a comparative negligence rule while others follow contributory negligence rules. In Rhode Island, if someone is partially responsible for their accident, their compensation may be reduced based on their level of fault.

It is also worth noting that each state has its statute of limitations regarding premises liability cases. In Rhode Island, victims have three years from the date of injury to file a claim against a negligent party.

How can an attorney help me?

A personal injury attorney with experience handling premise liability cases understands how these types of claims work and can guide you through the process step by step. They will investigate your case thoroughly, gather evidence and witnesses' statements, calculate your damages, and negotiate with insurance companies to get you the compensation you deserve. An experienced attorney can also help you navigate the legal system by filing all necessary paperwork and meeting all deadlines.

At Tomassi Law, LLC we can assist Warwick residents with premise liability accident matters.

If you have been injured on someone else's property in Warwick, Rhode Island, Tomassi Law, LLC is here to help. Our personal injury attorneys have extensive experience handling premise liability cases and can help you pursue compensation for your damages. We offer a free consultation to discuss your case and answer any questions you may have. Contact us today to schedule an appointment.

In conclusion, understanding premise liability law is essential in Rhode Island if you want to protect yourself from accidents that can occur on someone else's property. If you or a loved one has sustained injuries due to a property owner's negligence, it is advisable to contact an experienced attorney who can guide you through the process of making a claim and ensure that your rights are protected. Experienced lawyers at Tomassi Law, LLC can assist Warwick residents with their premises liability accident matters and fight for their rightful compensation.

Estate Administration in Rhode Island: Who is in Charge?

Thu, 13 Jun 2024 20:45:00 GMT

Estate Administration in Rhode Island: Who is in Charge?

Dealing with the death of a loved one is difficult enough, but when there are legal and financial matters to attend to, it can become overwhelming. One of the most important aspects of settling an estate is properly handling the administration. But who exactly is in charge of this process? In this blog post, we will answer this question and more as we explore estate administration in Rhode Island and how Tomassi Law, LLC can assist Warwick residents with these matters.

When a person passes away, their assets must be distributed to their heirs or beneficiaries according to their wishes (as stated in their will) or according to state law if they did not have a will. The person in charge of overseeing this process is called the fiduciary. In most cases, the fiduciary is named in the decedent's will and is typically a family member or close friend. If no one was named as fiduciary, the court may appoint someone.

The fiduciary has several responsibilities during the estate administration process including identifying and managing assets, paying debts and taxes owed by the decedent's estate, notifying creditors and beneficiaries of their rights, distributing assets according to the will or state law, and filing final tax returns for the decedent.

Navigating all of these tasks can be complex and time-consuming. That's where an attorney can help. An experienced estate administration attorney like those at Tomassi Law, LLC can guide you through each step of the process while ensuring that all legal requirements are met.

One key benefit of working with an attorney during estate administration is avoiding costly mistakes. For example, failing to properly identify all assets or pay outstanding debts could result in legal action against the fiduciary personally. An attorney can help mitigate these risks by providing expert guidance and minimizing errors.

At Tomassi Law, LLC we assist Warwick residents with estate administration matters. Our experienced attorneys provide compassionate guidance and legal support during this difficult time. We can help you navigate the estate administration process, ensure all legal requirements are met, and minimize risks for the fiduciary.

In conclusion, properly handling estate administration is crucial to ensuring that a decedent's assets are distributed according to their wishes or state law. The fiduciary is responsible for overseeing this process, but an attorney can play a vital role in providing expert guidance and minimizing risks. If you need assistance with estate administration in Rhode Island, Tomassi Law, LLC is here to help. Contact us today to schedule a consultation and learn more about how we can assist you during this difficult time.

Who Determines Fault in a Car Accident in Warwick?

Mon, 13 May 2024 20:30:00 GMT

Who Determines Fault in a Car Accident in Warwick?

Car accidents can be traumatic experiences, leaving victims with physical injuries, emotional stress, and financial burdens. One of the most important questions that arise after an accident is who is at fault? In Warwick, determining liability is a complex process that involves various factors and legal considerations. In this blog post, we will discuss how the Warwick court determines fault in a car accident and how Tomassi Law LLC can help you with your personal injury matters.

In Warwick, establishing fault in a car accident involves a thorough investigation by the police and insurance adjusters. The police report plays a critical role in determining fault as it includes details such as witness statements, damage to vehicles, and any violations of traffic laws. Insurance companies also investigate the accident scene and may request additional information from parties involved to determine liability.

Rhode Island follows the rule of comparative negligence which means that fault can be assigned to more than one party depending on their degree of responsibility for causing the accident. For instance, if one driver was speeding while another driver failed to yield right-of-way, both drivers may be held partially responsible for the accident.

The court also considers other factors such as weather conditions, road design, vehicle maintenance issues or defects when determining liability. If any of these factors contributed to the accident then liability could be shared with other parties involved or even third parties who might have contributed indirectly.

At Tomassi Law LLC we understand how challenging it can be for victims of car accidents to navigate through this complicated legal process while dealing with injuries and medical bills. Our team of experienced attorneys can provide you with representation throughout every stage of your personal injury claim including negotiating with insurance companies on your behalf and presenting your case in court if necessary.

We are committed to helping you recover compensation for damages such as medical expenses; lost wages; pain and suffering; property damage; and future medical needs. Our attorneys will work tirelessly to ensure that you receive the maximum compensation possible under the law.

Car accidents can be life-changing events that leave victims struggling with physical, emotional, and financial challenges. If you or a loved one has been involved in a car accident in Warwick, it's important to understand how liability is determined and what steps you can take to protect your legal rights. At Tomassi Law LLC we are dedicated to providing our clients with professional and compassionate representation while seeking justice on their behalf. Contact us today for a free consultation with one of our experienced attorneys.

When to Contact a Probate Law Attorney in Rhode Island

Mon, 29 Apr 2024 20:23:00 GMT

Dealing with the passing of a loved one is never easy, and navigating the legal process of probate can add an extra layer of stress during an already difficult time. If you are a Rhode Island resident who has recently lost a family member or friend, you may be wondering when it is appropriate to contact a probate law attorney for assistance. In this blog post, we will discuss the situations in which seeking legal guidance from a probate attorney is recommended and how they can help you through the probate process.

The first situation in which it is advisable to contact a probate law attorney is if the deceased person did not leave behind a will. When someone passes away without a will, their estate must go through the probate process in order to distribute their assets according to state law. A probate attorney can help navigate this complex process and ensure that the estate is distributed fairly and in accordance with Rhode Island laws.

Another reason to contact a probate law attorney is if there are disputes among family members regarding the distribution of assets or the validity of the deceased person's will. Emotions can run high during these situations, and having an experienced attorney on your side can help resolve conflicts and prevent costly litigation. A probate lawyer can act as a mediator between family members and work towards finding amicable solutions that benefit everyone involved.

Additionally, if you are named as the executor of an estate, it is highly recommended to seek legal counsel from a probate law attorney. The role of an executor comes with many responsibilities, including inventorying assets, paying debts, and distributing property to beneficiaries. A probate attorney can provide guidance on fulfilling these duties correctly and efficiently, ensuring that all legal requirements are met throughout the probate process.

If you suspect that someone has unduly influenced or coerced the deceased person into making changes to their will or estate plan, contacting a probate law attorney is essential. Cases of undue influence or fraud can invalidate a will or trust document, leading to disputes among beneficiaries and potential legal challenges. A skilled lawyer can investigate these claims, gather evidence, and advocate for your rights in court if necessary.

Navigating the complexities of the probate process can be overwhelming for individuals who have recently lost a loved one. Seeking guidance from Tomassi Law in Rhode Island can ease some of this burden and ensure that your interests are protected throughout the proceedings. Whether you are dealing with issues related to intestacy, family disputes, executor duties, or potential fraud, an experienced lawyer can provide invaluable support and representation. Do not hesitate to reach out for legal assistance during this challenging time.

Important Things to Know About Buying a Home in Warwick

Wed, 13 Mar 2024 20:30:00 GMT

Important Things to Know About Buying a Home in Warwick

Buying a home is an exciting and important milestone in anyone's life. However, it can also be a daunting experience, especially for first-time homebuyers. There are many things to consider before making such a significant investment. In this blog post, we'll discuss some of the most important things you should know about the process of buying a home in Warwick, Rhode Island. We will also share some valuable tips that can help you navigate through this complex process with ease.

Verify what utilities are included in the contract

When purchasing a home, it’s essential to know what utilities are included in the contract. Do not assume that all services like water, gas, or electricity are automatically included. You don't want to find out after moving into your new house that you're responsible for paying extra fees for any utility service provided to your property. Reviewing these details upfront will help avoid any surprises down the road.

You may have to interpret deeds, mortgages, and wills but an attorney can help

The legal documentation involved with buying real estate can be overwhelming for anyone who is not familiar with the process. Deeds, mortgages, and wills are just some of the documents that you may need to deal with while purchasing a home. Hiring an experienced real estate attorney can help ensure that everything is legally sound and protect your interests throughout the transaction.

Get pre-approved for a mortgage

Before starting your search for a new home in Warwick or anywhere else, consider getting pre-approved for a mortgage first. It’s always better to know how much money you qualify for before looking at homes outside of your budget range as this saves both time and effort spent on properties you cannot afford.

Check out different neighborhoods

Warwick has many great neighborhoods to choose from when buying a home – each with its own unique character and amenities. Before making a purchase, it's essential to research the neighborhoods that interest you. This includes things like local schools, crime rates, recreational areas, public transport links, shopping centers, restaurants, and more

Seek expert advice

Buying a home can be a complicated process, but you don't need to go through it alone. At Tomassi Law LLC we provide legal assistance to those who need help with real estate transactions in Rhode Island. Our team has years of experience helping clients navigate through complex legal issues related to buying and selling properties. We will work with you to ensure that your transaction goes smoothly and that you understand the process every step of the way.

Buying a home can be overwhelming and stressful for anyone. However, by taking the time to do your homework and seek expert advice from professionals like real estate attorneys at Tomassi Law LLC , you can make informed decisions throughout the process. By following these tips mentioned above, Warwick residents can increase their chances of finding their dream home without any complications or unwanted surprises along the way.

Understanding Wrongful Death Lawsuits in Rhode Island

Wed, 14 Feb 2024 21:15:00 GMT

Understanding Wrongful Death Lawsuits in Rhode Island

Losing a loved one is always difficult. It can be even more challenging when their death was the result of someone else's negligence or wrongdoing. In these situations, a wrongful death lawsuit might be an option to seek justice and compensation for your loss. If you're a Warwick resident who has lost a family member due to someone else's actions, it's important to understand what a wrongful death suit covers, who can file it, and how it works. This blog post will provide you with all the essential information about wrongful death lawsuits in Rhode Island.

What is a wrongful death lawsuit?

A wrongful death lawsuit is a civil action that allows certain family members of the deceased person to seek damages from the person or entity responsible for their loved one's death. The damages sought may include compensation for medical expenses, funeral costs, lost income, loss of companionship, and emotional distress.

Who can file for a wrongful death lawsuit?

In Rhode Island, only certain family members are eligible to file a wrongful death lawsuit. These include the deceased person's spouse, children (including stepchildren), parents (if the deceased was unmarried and had no children), and siblings (if no parents survive). If none of these relatives are alive or available to bring such an action within three years after the date of injury resulting in death, then the executor or administrator of the deceased person’s estate may file on behalf of beneficiaries at law.

What are the elements of a wrongful death lawsuit?

To pursue a wrongful death lawsuit successfully in Rhode Island court system , there must be evidence that:

The defendant owed a duty of care to the deceased person

The defendant breached that duty through negligence or intentional misconduct

The breach caused harm that resulted in the person's death

Surviving family members have suffered damages as a result

What are the damages?

Damages in a wrongful death lawsuit can vary depending on the circumstances of each case. They may include medical expenses incurred before death, funeral and burial costs, lost income, loss of companionship, and emotional distress. In Rhode Island, there is no cap on damages that can be awarded in a wrongful death lawsuit.

How can an attorney help me?

Navigating a wrongful death lawsuit can be stressful and complex. An attorney who specializes in this area of law can provide you with the knowledge and guidance you need to make informed decisions about your case. They can investigate the circumstances surrounding your loved one's death, gather evidence to support your claims, and negotiate with insurance companies or other parties on your behalf. Additionally, an experienced attorney will be able to navigate the legal complexities that often arise in these cases and work hard to get you the compensation you deserve.

Losing someone close to you is never easy. When their death was caused by someone else's actions or negligence, it's essential to understand what options are available for seeking justice and compensation. A wrongful death lawsuit may be an option that provides some measure of closure for those left behind. If you're considering filing a wrongful death suit in Rhode Island, it's important to seek out an experienced attorney who understands this area of law thoroughly. At Tomassi Law LLC., we have years of experience helping Warwick residents navigate these difficult situations and will work tirelessly so that our clients receive the justice they deserve.

Protect Your Assets with a Trust: A Guide for Warwick Residents

Mon, 12 Feb 2024 21:28:14 GMT

Protect Your Assets with a Trust: A Guide for Warwick Residents

As residents of Warwick, it's important to protect our assets from potential risks and uncertainties. One way to do this is by creating a trust. A trust is a legal agreement that allows you to transfer your assets to a trustee who will manage and distribute them according to your wishes. In this blog post, we'll explore the benefits of trusts, the difference between revocable and irrevocable trusts, how an attorney can help you create a trust, and how Tomassi Law, LLC can assist you in protecting your assets.

Benefits of Trusts:

Creating a trust has several benefits. Firstly, it allows you to avoid probate court when distributing your assets after death. This means that your beneficiaries can receive their inheritance without going through lengthy court proceedings or paying expensive legal fees. Secondly, trusts offer more privacy than wills since they are not public record and cannot be contested as easily as wills. Additionally, if you have minor children or heirs with special needs, trusts allow you to provide for them even after you're gone.

Revocable vs Irrevocable Trusts:

Trusts can be revocable or irrevocable depending on your preferences and needs. Revocable trusts allow you to make changes or terminate the trust at any time during your lifetime while irrevocable trusts cannot be changed once they are created. Irrevocable trusts are often used for tax planning purposes since they remove assets from an individual's estate and therefore reduce estate taxes.

How an Attorney Can Help:

Creating a trust can be complex and confusing without the help of an experienced attorney. An attorney can guide you through the process and ensure that all necessary legal requirements are met while also tailoring the trust to meet your specific goals and needs. They can also advise you on the tax implications of creating a trust and help you avoid potential legal pitfalls.

Tomassi Law, LLC Can Assist You:

At Tomassi Law, LLC, we understand the importance of protecting your assets and providing for your loved ones. Our experienced attorneys can assist you in creating a trust that meets your unique needs and goals. We offer comprehensive trust drafting and creation services to residents of Warwick and surrounding areas. With our guidance, you can have peace of mind knowing that your assets are protected and will be distributed according to your wishes.

Creating a trust is an effective way to protect your assets from potential risks and uncertainties while also providing for your loved ones after you're gone. Trusts offer several benefits over traditional wills including avoiding probate court, ensuring privacy, and providing for minor children or heirs with special needs. An attorney can help guide you through the process of creating a trust while Tomassi Law, LLC can provide comprehensive trust drafting and creation services to residents of Warwick and surrounding areas. Don't wait until it's too late - start protecting your assets today with a trust!

Understanding Probate: How long does it take in Rhode Island

Wed, 24 Jan 2024 18:58:28 GMT

Understanding Probate: How long does it take in Rhode Island

Probate is the legal process of settling a deceased person's estate. It can be a lengthy and complex process, involving the court system, attorneys, and family members. The duration of probate can vary significantly depending on a variety of factors. If you are currently dealing with a probate matter in Rhode Island, it is important to understand the timeline for the process and how an attorney can help. In this post, we'll detail how long probate typically takes, why it might take a few months, and how an attorney can assist you.

How Long Does Probate Take in Rhode Island?

Probate typically takes around six months to one year in Rhode Island. This timeline can vary depending on a number of factors. It is important to make a distinction between the "creditor claim period" and the overall length of probate. Creditors have up to one year to make a claim against the estate, which can extend the probate period beyond the six-month mark. If there is contention among family members or complex legal issues in the estate, probate can also take longer.

Why Might Probate Take A Few Months?

There are several reasons why probate might take longer than the typical timeframe of 6-12 months. The following factors may extend the duration of a probate case:

- Contested wills or trust issues: If there are conflicts over the distribution of assets or interpretation of the will or trust, then these issues need to be resolved by the court, and it can take time to resolve the disputes.

- Complexity of the estate: Some estates are more complicated than others. If there are many assets, debts, or taxes owed by the deceased, it can take time to gather the necessary information and file the appropriate paperwork.

- Waiting for creditor claims: Creditors have up to one year to make a claim against the estate. If a creditor makes a claim, it can take several months to resolve the issue and distribute assets to the heirs.

- Estate taxes: If the estate is over the federal tax threshold, there may be estate taxes owed. This can take time to calculate and pay before the final distribution of assets.

How Can an Attorney Help?

An attorney can help in a variety of ways during probate. They can assist with the following tasks:

- Filing the necessary paperwork and ensuring that deadlines are met.

- Communicating with creditors and resolving any disputes that may arise.

- Assisting with valuation of assets and managing the distribution of assets to the heirs.

- Representing the estate in court and resolving disputes between family members.

If you are dealing with the probate of a loved one in Rhode Island, it can be an overwhelming and confusing process. Hiring an attorney can provide much-needed support during this difficult time.

The length of probate can vary depending on a number of factors, but it typically takes around 6-12 months to complete. If you are currently dealing with a probate matter in Rhode Island, it is important to understand why probate might take longer and how an attorney can help. At Tomassi Law, LLC, we have years of experience assisting clients with probate matters. Contact us today to schedule a consultation and let us help you navigate this complex process.The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

I Slipped and Fell at Work in Rhode Island, What Should I Do?

Wed, 20 Dec 2023 20:46:04 GMT

Accidents can happen anytime, anywhere, and workplace injuries are no exception. Slip and falls are among the most frequent workplace accidents. If you have recently been involved in a slip and fall accident at work in Rhode Island, you might be wondering what you should do next. This blog post discusses some steps that you must take to protect yourself and get the compensation you deserve.

1. Report the Accident

The first thing you need to do after a slip and fall accident at your workplace is to report the accident to your employer. Filing a report right away helps create a record of the incident, which is critical when filing for compensation. You must also fill out any paperwork related to the accident. Make sure to keep copies of all forms that you fill out related to the accident.

2. Seek Medical Treatment

The second thing you should do is seek medical attention, even if your injuries seem minor. Some injuries may not show any symptoms right away and can only be diagnosed by a medical professional. Additionally, if you delay seeking medical treatment, insurers may argue that your injuries were not that severe, so you do not require significant compensation. If you are taken to the hospital or to a doctor, make sure to inform the medical staff that your injuries resulted from a workplace accident.

3. File a Claim

After you report your slip and fall accident, your employer's insurance company will begin an investigation into what happened. You should file a workers' compensation claim as soon as possible, either with your employer or the state's insurance department. It is important to understand the timeline for filing a claim; there are state-specific deadlines for submitting claims, and missing these deadlines can result in the denial of your compensation.

4. Contact an Attorney

Depending on the details of your workplace slip and fall accident, you may need the help of a legal professional. A workers' compensation lawyer can help you navigate the legal process, and work with the insurance company to ensure you receive the compensation you deserve. If the insurance company denies your claim or you have to face legal action from your employer, a lawyer can help you understand your legal options.

5. Follow Doctor's Orders

Finally, once you have sought medical attention and filed a claim, follow all medical recommendations and take your treatment seriously. If you do not follow through on your medical plan or your doctor's orders, insurers may argue against paying you the compensation you need. Doing everything in your power to get well demonstrates to insurance companies that you require this compensation to pay bills or a loss of compensation.

Being involved in a slip and fall accident at work can be overwhelming and traumatic. That is why you must take the necessary steps to protect yourself and your interests. If you have been injured, do not delay seeking medical attention or filing a claim. To maximize your chances of receiving a fair settlement, it is essential to follow the steps outlined above and work with an experienced workers' compensation lawyer in Rhode Island.

Do you sue the truck driver or trucking company after a crash?

Fri, 01 Dec 2023 18:39:52 GMT

Do you sue the truck driver or trucking company after a crash?

If you or someone you love has been involved in a trucking accident, you may be wondering who is responsible for the damages. In some cases, it may be both the truck driver and their employer, the trucking company. Navigating the legal system after an accident can feel overwhelming, especially when dealing with a large company and the complexities of personal injury law. At Tomassi Law, LLC we understand the legal process can be confusing and are here to help those who have been involved in truck accidents in Rhode Island. In this article, we will discuss who is liable in a truck accident, whether the truck driver or the trucking company is responsible for compensation.

In the case of an accident involving a truck, the driver of the truck may not be the only one at fault. The trucking company can be held liable for the driver’s actions if they acted negligently or failed to ensure proper training, equipment, or maintenance. For example, if a truck driver caused an accident due to fatigue from being overworked, the trucking company could be held responsible for this by failing to adhere to federal regulations regarding the amount of time a driver can be behind the wheel.

If you or someone you love has been injured in a trucking accident in Rhode Island, it's essential to gather evidence to determine who is liable for your injuries. This includes obtaining the truck driver’s logbook and any documentation from the trucking company regarding their driver’s training and maintenance schedules. An experienced personal injury attorney can help you obtain this information and review it to determine who is at fault.

If your accident has been caused by the negligence of a truck driver or the trucking company, you may be eligible for compensation. This compensation can cover medical bills, lost wages, pain, and suffering, and other damages resulting from your injury. We understand that injuries from trucking accidents can be life-changing and are here to help you fight for the compensation you deserve.

In conclusion, trucking accidents can be complex, and determining who is responsible for damages can be challenging. If you or someone you love has been involved in a trucking accident in Rhode Island, it's essential to hire an experienced personal injury attorney. At Tomassi Law, LLC, we understand the difficulties injured parties face when dealing with large companies and the legal process. We can help investigate the accident, navigate the legal system, and fight for the compensation you deserve. Contact us today for a free consultation to discuss your case.

How a Residential Transactions Attorney Can Help You in Rhode Island

Thu, 26 Oct 2023 15:03:55 GMT

Buying or selling a home can be a daunting task, with the lengthy legal documentation and complex procedures that must be followed. This is why it’s important to have a professional on your side who can guide you through the process and ensure that your interests are protected. One such professional is a residential transactions attorney, who specializes in the legal aspects of buying or selling residential properties. In this blog post, we’ll take a closer look at how a residential transactions attorney can help you in Rhode Island.

1. Ensuring Legally Binding Contracts

One of the essential duties of a residential transactions attorney is to draft legally binding contracts that protect your interests as a buyer or a seller. They can draft purchase agreements or sales agreements that outline all the legal and financial aspects of the transaction. These agreements can include various contingencies such as home inspections, mortgage financing, or title clearance. A residential transactions attorney can ensure that the contract accurately reflects your understanding of the transaction and helps to minimize legal disputes down the road.

2. Reviewing Title and Survey Reports

Another task that a residential transactions attorney performs is to review the title and survey reports of the property. These reports help indicate the status of the property title and any potential legal issues. For instance, there could be an encroachment on the property, an easement that affects the use of the property, or judgments against the prior owner. A residential transactions attorney can review these reports and advise you on how to proceed with the transaction.

3. Handling the Closing Process

The closing process is the final stage in the home buying or selling process, where legal and financial documents are signed, and ownership of the property is transferred from one party to the other. Even a minor mistake during the closing process can cause significant consequences. A residential transactions attorney can ensure that all documents are properly executed and recorded and that all funds are appropriately disbursed. They can also help resolve any issues that arise during the closing process.

4. Representing You in Legal Disputes

Sometimes, despite all the precautions, legal disputes can arise. In such cases, a residential transactions attorney can represent you in court or mediation. These disputes may include non-disclosure of property defects, breach of contract, or fraud. A residential transactions attorney can provide the necessary legal counsel and represent you in negotiations or litigation if needed.

5. Providing Other Legal Services

A residential transactions attorney can also provide other legal services related to residential properties, such as handling property tax appeals, evictions, zoning and land use matters, and more. They have the expertise and experience to represent clients in various legal matters related to their residential properties.

In conclusion, a residential transactions attorney can be an invaluable asset when buying or selling a residential property in Rhode Island. They can help you navigate through the legal complexities of the transaction, draft essential legal documents, and protect your interests. If you’re looking for a reliable residential transactions attorney in Rhode Island, choose one who has the necessary knowledge and experience to serve your needs.

Special Needs Trust Attorney

Thu, 26 Oct 2023 14:59:44 GMT

As a parent or caregiver of a loved one with special needs, it can be overwhelming to consider their financial future. What will happen when you are no longer able to care for them? A special needs trust can help ensure that their needs are met for the rest of their life. However, setting up a special needs trust can be a complex legal process. That's where a special needs trust attorney can help.

1. What is a Special Needs Trust?

A special needs trust is a legal arrangement that allows a person with special needs to receive an inheritance, legal settlement, or other financial assets without jeopardizing their eligibility for government benefits. The trust is managed by a trustee who is responsible for disbursing the funds for the benefit of the person with special needs. A special needs trust can be used to pay for things not covered by government benefits, such as a personal caregiver, medical expenses, or recreational activities.

2. Why Do You Need a Special Needs Trust Attorney?

A special needs trust attorney specializes in creating and managing special needs trusts. They can help ensure that the trust is legally sound and meets the specific needs of the person with special needs. A special needs trust attorney can also work with you to choose the right trustee and create a plan for the future.

3. How to Choose a Special Needs Trust Attorney

When choosing a special needs trust attorney, it's important to find someone with experience in special needs planning and a deep understanding of the laws and regulations that govern special needs trusts. Look for an attorney who is compassionate, communicative, and willing to listen to your concerns. It's also important to choose an attorney who is licensed to practice law in your state, as laws governing special needs trusts can vary from state to state.

4. What to Expect from Your Special Needs Trust Attorney

Your special needs trust attorney will work with you to understand your unique circumstances and help you navigate the legal process of creating a trust. They will provide guidance on choosing the right trustee, deciding on a funding source, and creating a plan for the future. They will also help ensure that the trust is legally sound and compliant with all applicable laws and regulations.

5. The Benefits of Having a Special Needs Trust Attorney

Working with a special needs trust attorney can provide peace of mind and help ensure the future financial security of your loved one with special needs. A special needs trust attorney can help you navigate complex legal requirements, minimize tax liability, and protect your loved one's eligibility for government benefits. Having a special needs trust in place can also protect your loved one from financial exploitation.

Creating a special needs trust is an important step in securing the financial future of your loved one with special needs. Working with a reputable and experienced special needs trust attorney can help ensure that the trust is legally sound and meets the specific needs of your loved one. With the right guidance, you can rest assured that your loved one will be well cared for even after you are no longer able to provide for them.

What You Need to Know About Wrongful Death Settlements in Rhode Island

Thu, 26 Oct 2023 14:55:23 GMT

Losing a loved one is one of the most tragic and emotional experiences a person can go through. It is even more devastating when their death was caused by the negligence of someone else. In Rhode Island, if you have lost a loved one due to the negligence or intentional harm of another person, you may be entitled to file a wrongful death lawsuit. In this blog post, we will discuss the average settlement for wrongful death lawsuits in Rhode Island and how an attorney can help you during this difficult time.

Loss of wages:

One of the factors that is taken into consideration when determining the settlement for a wrongful death lawsuit is the loss of wages and future earnings of the deceased. This can include the income they would have earned had they lived, as well as any benefits they would have received. A variety of factors are considered in the calculation of these damages, including the age and career of the deceased and their life expectancy based on medical tables.

Emotional loss:

In addition to the loss of wages, the emotional pain and suffering of the surviving family members is also considered in the determination of the settlement. This includes the pain and emotional distress they have suffered as a result of the loss of their loved one. Additionally, the compensation can be awarded for the loss of the deceased's love and companionship. The amount awarded for emotional damages can vary significantly from case to case depending on the unique circumstances of the case.

Punitive damages:

In some cases, punitive damages may also be awarded in a wrongful death lawsuit. Punitive damages are awarded to punish the defendant for their willful misconduct or gross negligence that caused the death of the deceased. These damages are intended to deter the defendant from engaging in similar actions in the future and to send a message to others who may be engaging in similar behavior.

How can an attorney help me?

During this upsetting and difficult time, it is essential to have a skilled and compassionate attorney to guide you through the process of filing a wrongful death lawsuit. An attorney can help you navigate the complex legal system, gather evidence, and negotiate with insurance companies or defendants to ensure that you receive the maximum compensation allowed by law. An attorney's expertise can be crucial in obtaining the necessary evidence such as police reports, medical records, witness statements, and expert testimony to help you build a strong case in court.

Wrongful death is a devastating experience, but a skilled attorney can help you seek justice and compensation for your loss. The settlement for a wrongful death lawsuit in Rhode Island varies from case to case and can depend on several factors such as the deceased's age, life expectancy, income, and the emotional loss suffered by the surviving family members. With the assistance of an accomplished attorney, you can maximize your compensation for the damages and losses you have suffered. Contact an experienced wrongful death attorney today, so you can obtain the compensation you are entitled to and achieve closure for yourself and your family.

What is Estate Planning

Fri, 13 Oct 2023 01:57:26 GMT

What is Estate Planning

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When Animals Attack: How Tomassi Law, LLC Can Help You Seek Justice

Thu, 05 Oct 2023 18:40:03 GMT

When Animals Attack: How Tomassi Law, LLC Can Help You Seek Justice

An animal attack can be an extremely traumatic experience, leaving the victim with physical and emotional scars that can last a lifetime. While we may often think of attacks by wild animals, such as bears or big cats, domestic pets like dogs and cats can also cause serious harm. If you or a loved one has been injured in an animal attack, you may be wondering what options you have for seeking justice and compensation. This is where Tomassi Law, LLC can help.

Understanding Your Legal Rights

After an animal attack, it’s important to understand your legal rights and what options you have for seeking compensation. In many cases, the owner of the animal may be held liable for the injuries caused by their pet. However, the specifics can vary depending on the state and circumstances of the attack. At Tomassi Law, LLC, we have extensive experience handling animal attack cases and can help you understand your legal options.

Gathering Evidence

In order to build a strong case, it’s important to gather as much evidence as possible. This can include medical records, photographs of your injuries, eyewitness testimony, and more. Our team at Tomassi Law, LLC can help you gather and organize this evidence, ensuring that you have the strongest case possible.

Negotiating with Insurance Companies

In many animal attack cases, the owner of the animal may have insurance that can be used to cover the victim’s medical expenses and other damages. However, dealing with insurance companies can be a frustrating and overwhelming experience. Our team at Tomassi Law, LLC can handle negotiations with insurance companies on your behalf, working to ensure that you receive the compensation that you deserve.

Going to Court

While many animal attack cases can be resolved through negotiation or mediation, some cases may need to go to court. If this is necessary, it’s important to have an experienced and skilled attorney on your side. At Tomassi Law, LLC, our team has years of experience representing clients in court and will fight tirelessly to help you seek justice.

Offering Emotional Support

A severe animal attack can take a significant toll on a victim’s mental health and emotional wellbeing. At Tomassi Law, LLC, we understand the importance of offering compassionate and supportive legal services. Our team is dedicated to helping our clients not only seek justice, but also find the support and resources they need to heal and move forward.

An animal attack can be a life-changing event, but with the right legal team on your side, you can seek justice and move forward with your life. At Tomassi Law, LLC, we are committed to helping our clients through every step of the process, from understanding their legal rights to negotiating with insurance companies to going to court. If you or a loved one has been the victim of an animal attack, don’t hesitate to reach out to us for help.

Understanding Your Rights as a Motorcycle Passenger in Rhode Island

Thu, 05 Oct 2023 14:37:45 GMT

Motorcycle accidents are often catastrophic and can lead to severe injuries for all parties involved, but motorcycle passengers are particularly vulnerable. If you are a passenger in a motorcycle accident, you may be unsure of your rights and the compensation you are entitled to under the law. In this post, we will discuss the legal rights of motorcycle passengers in Rhode Island, including what compensations they are entitled to and how an attorney can help.

What Rights Do Motorcycle Passengers Have After Accidents in Rhode Island?

Motorcycle passengers have the same right to recover compensation for their injuries as any other victim of a motor vehicle accident in Rhode Island. This includes medical expenses, lost wages, pain and suffering, and other damages resulting from the accident. If the motorcycle accident was caused by another driver's negligence, the passenger can sue the at-fault driver or their insurance provider to get compensation through a personal injury lawsuit.

What Compensations Are Motorcycle Passengers Entitled to?

Motorcycle passengers are entitled to the same types of compensation as any other victims of personal injuries in Rhode Island. This includes medical bills, lost wages, property damage, and other compensation for the pain and suffering they experienced. The amount of compensation depends on the severity of the injuries and the medical expenses incurred.

Who is Liable?

In Rhode Island, the person(s) most responsible for the motorcycle accident will typically be held liable for the damages, injuries, and other expenses incurred. This could be the driver of the motorcycle, the driver of another vehicle involved, or both. However, if the accident was caused by road hazards, such as potholes or inadequate road maintenance, the city or state could be held responsible.

How Can an Attorney Help Me?

If you or a loved one have been involved in a motorcycle accident as a passenger, it is critical to contact an experienced personal injury attorney as soon as possible. An attorney can help you understand your rights and guide you through the complex legal process of seeking compensation for your injuries. They will ensure that you receive adequate compensation and fight for your rights to the maximum extent possible. Besides, your attorney will be experienced, knowledgeable, and have a track record of successful cases to draw from, ensuring that your rights and interests are safeguarded throughout the legal process.

As seen above, motorcycle passengers have the same legal rights and are entitled to the same compensations as other victims of motor vehicle accidents. If you or someone you know has been involved in a motorcycle accident as a passenger, you should reach out to a personal injury attorney as soon as possible to understand your rights and get the compensation you deserve. Additionally, the attorney will be knowledgeable, experienced, and able to guide you through the complex legal process to ensure a fair settlement. Finally, it is crucial to prioritize your safety and that of your passengers, and following all traffic laws.

The Hidden Dangers of Slip-and-Fall Accidents in Rhode Island

Thu, 05 Oct 2023 14:31:12 GMT

Slip-and-fall accidents can cause severe injuries and can be more common than you might think. According to the National Safety Council, slip-and-fall accidents are the leading cause of injury-related deaths for people age 65 and older in the United States. However, people of all ages can experience a slip-and-fall accident, and the consequences can be life-changing. In this blog post, we'll discuss the three primary causes of slip-and-fall accidents and how Rhode Island residents can avoid them.

Hazardous floor conditions: Uneven surfaces, wet floors, and loose carpeting are some hazards that can cause slip-and-fall accidents on floors. These hazards can be caused by damaged walkways, loose floorboards, spilled liquids, or waxed floors that are too slippery. It's the responsibility of the property owner, whether it's a business or individual, to take care of their premises and ensure they are safe for visitors. Rhode Island law requires property owners to maintain their properties and keep them free from hazards that can cause injury. When a property owner neglects their responsibilities, they can be held accountable for slip-and-fall accidents that occur on their property.

Improperly maintained stairways: Staircases are another area where slip-and-fall accidents can occur, especially if they're not correctly maintained or designed. Over time, stair treads may become worn or loose, and railings may become wobbly or broken. Staircases that are not appropriately lit or have uneven heights can also be hazardous. In Rhode Island, property owners are responsible for ensuring that stairways are safe and free from defects that can cause injuries. It's essential to be mindful when using the stairs and avoid carrying items that can obstruct your vision and balance.

Weather conditions: Weather conditions such as rain, snow, and ice can increase the risk of slip-and-fall accidents, especially when entering a business or property. In Rhode Island, property owners have a duty to clear their premises of snow and ice within a reasonable period to ensure the safety of those visiting their business or home. When a property owner fails to do so, they may be held liable for injuries sustained in slip-and-fall accidents caused by poor weather conditions.

Preventive measures: The best way to prevent slip-and-fall accidents is to be aware of your surroundings. Watch for hazards on floors and staircases, and take notice of any wet or slippery areas. Wear proper footwear with slip-resistant soles, especially during inclement weather. When carrying items, make sure to keep your hands free to help balance yourself if you lose your footing. If you experience a slip-and-fall accident, seek medical attention right away and document the incident by taking pictures of the scene.

Slip-and-fall accidents are more common than you may think, and they can cause severe injuries that can have long-lasting effects on your life. The primary causes of slip-and-fall accidents are hazardous floor conditions, improperly maintained stairways, and weather conditions. It is essential to remember that property owners, whether a business or individual, have a duty to keep their premises free from hazards that can cause slip-and-fall accidents. Rhode Island residents can help prevent these accidents by being mindful when walking, wearing appropriate footwear, and taking precautionary measures when carrying items. If you're ever involved in a slip-and-fall accident, be sure to seek medical attention and document the incident thoroughly.

Common Types of Truck Accidents and How to Avoid Them

Fri, 29 Sep 2023 14:57:10 GMT

Rhode Island residents are likely all too familiar with the large trucks that travel our highways. These commercial trucks play an essential role in our economy, transporting goods and materials, but also pose a significant risk to other drivers on the road. Trucking accidents can lead to severe injuries, permanent disabilities, and fatalities. In this blog post, we'll explore the different types of truck accidents that can occur, the most common causes of these accidents, and the steps you can take to protect yourself and avoid becoming a victim.

1. Rear-end Collisions

Rear-end collisions happen when a truck driver fails to stop or slow down in time to avoid colliding with the vehicle in front of them. These accidents often occur because of distracted driving or inadequate braking distance. Serious injuries in rear-end collisions may include whiplash, head and neck injuries, and back injuries.

To avoid rear-end collisions with trucks, keep a safe distance from the vehicle ahead of you, especially when driving in poor weather conditions or at high speeds. If a large truck is behind you, try to move to the side of the lane to give the truck driver a better view of the road ahead. Always signal when changing lanes or slowing down to give the truck driver enough time to react.

2. Tire Blowouts

Truck tire blowouts are a common cause of serious accidents. Overworked or under-inflated tires can cause the tire to fail, sending shreds of rubber into the path of other motorists. Tire blowouts can cause a truck driver to lose control of their vehicle, leading to a rollover, jackknife, or collision with other vehicles.

To avoid an accident caused by tire blowout, keep a safe distance from commercial trucks, looking for signs of flimsy tires such as bulges, balding or tread separation. If you see a vehicle with these symptoms, keep a good distance to be safe.

3. Underrides

An underride occurs when a car gets trapped underneath a semi-truck due to sliding on the road or a collision with the back of the trailer. The impact of the car's roof against the trailer can result in serious injuries or fatalities to the passengers in the car's front seats.

To avoid a car-truck underride accident, remain clear of the rear or side of the truck trailers. If a truck happens to be stopping suddenly, and you are behind, try to maneuver out of harm's way since you are the one closer to getting hurt in this type of accident.

4. Blind-Spot Accidents

Blind-spot collisions happen when a truck driver fails to spot a car that is driving alongside the truck. Truck blind-spots, also known as "no-zones," are located on either side of the truck. Blind-spot accidents are common and often result in the car being forced off the road or into another car.

To avoid a blind-spot accident, never drive in a truck's no-zone. If you must pass a truck on the road, do so quickly, and make sure to keep a safe distance from the truck's path.

5. Head-On Collisions

These occur when a truck or trailer crosses into oncoming traffic and crashes into another vehicle. Head-on collisions can result in catastrophic injuries or fatalities, and they are the most dangerous truck accidents.

To reduce the risk of head-on collisions, exercise caution when driving around large commercial trucks, especially in areas with narrow or limited lanes. Always avoid aggressive driving, especially when the road curves or when making sharp turns.

Truck accidents can cause severe injuries and even death, which is why it's so important to understand the common types of truck accidents and how to avoid them. Be aware of your surroundings while driving, keep a safe distance from commercial trucks, and never drive in a truck's blind spot. If you do become involved in a truck accident, contact an experienced truck accident attorney who can help you seek the compensation you deserve. Stay safe and stay vigilant on the road.

Can You Drive Your Car Immediately After An Accident?

Fri, 29 Sep 2023 14:54:17 GMT

Car accidents can be overwhelming, and the thought of being stranded on the roadside can make the situation even more stressful. You may be wondering if you have the right to drive your vehicle after an accident. If you are involved in a crash in Rhode Island, this blog post will guide you on whether or not you can drive your car and if it will be considered evidence in a personal injury case.

Rhode Island law does not explicitly state whether or not you can drive your vehicle after an accident. However, assuming your car can still operate safely, it is permissible to drive it off the roadway, to a roadside park, or another safe area. Driving your car may help alleviate traffic buildups and prevent further danger on the roadway.

However, if your vehicle is severely damaged, completely disabled, or poses a risk of injury, driving it is not advisable. In such a case, you need to contact the authorities immediately and seek medical attention if necessary. You can contact the Rhode Island State Police or dial emergency services by dialing 911 if you need urgent attention.

If you are involved in a personal injury case that arises from a car accident, your car could be used as evidence. If the lawsuit involves property damage claims, your vehicle may have more value as evidence. The car will be used to determine the extent of the damages and aid in the settlement negotiations. Typically, the insurance companies representing both parties will inspect the vehicles involved in the accident to gauge the actual damage.

However, in personal injury cases the facts of the accident matter most, and the vehicle itself may be of less importance. The focus will be on the liability of the parties involved and the severity of the injuries sustained by the victims.

Bear in mind, your vehicle alone may not determine liability in a personal injury case. The police report, photographs and video footage, eyewitness accounts, medical records, and other supporting evidence play a significant role in proving negligence. Therefore, if you are involved in an accident in Rhode Island, ensure that you gather as much evidence as possible to present to your attorney.

Driving your car after an accident in Rhode Island is permissible if it's safe to do so. However, if your vehicle is severely damaged or poses a risk of injury, it is better not to drive it. Your vehicle may also be used as evidence in personal injury cases, specifically for property damage claims. However, in personal injury cases, the liability of the parties involved and the severity of the injuries sustained will be the ultimate determinants, and the vehicle's importance may lessen. As such, it's critical to gather as much supporting evidence as possible to support your case.

What to Expect During the Pre-Litigation Phase of Your Personal Injury Case

Fri, 29 Sep 2023 14:49:15 GMT

A personal injury can be a traumatic experience that leaves you with physical and emotional scars. When another person’s negligence causes your injuries, you might be eligible for compensation. The pre-litigation phase of your personal injury case is a critical stage that prepares your case for trial. During this stage, you will consult with a personal injury attorney, gather information, make inquiries, and conduct investigations to build your case. In this blog, we will cover what happens during the pre-litigation phase of your personal injury case.

Consulting, Gathering Information, and Conducting Investigations

The first step in the pre-litigation phase of your personal injury case is to consult with a personal injury attorney. During the consultation, the attorney will gather information about your case and advise you on the best course of action. After the consultation, your attorney will conduct investigations to gather evidence to support your case. This evidence may include medical records, police reports, eyewitness statements, and expert opinions. Your attorney will also make inquiries into the accident, including how it happened, who was involved, and whether any insurance policies apply.

Sending the Demand Letter

Once your attorney has gathered evidence and assessed your damages, they will send a demand letter to the insurance company. The demand letter outlines the specifics of your case and the amount of compensation you are seeking. The insurance company then has a set amount of time to respond, either by accepting the offer, negotiating a settlement, or denying the claim.

Settlement Negotiations

If the insurance company responds to the demand letter by negotiation, your attorney will engage in settlement negotiations on your behalf. The goal of the settlement negotiations is to reach a mutually beneficial agreement that covers your expenses and damages. Settlement negotiations can involve back and forth communication between your attorney and the insurance company until both parties reach an agreement.

Decision to Litigate

If settlement negotiations do not lead to an acceptable agreement, your attorney may recommend litigating the case. Litigation involves filing a lawsuit and taking the case to court. During litigation, both parties present their case to a judge or jury who will make a decision on the case. Litigation can be a long and complicated process, but a skilled personal injury attorney will help you navigate the system and advocate for your rights.

The pre-litigation phase of your personal injury case is a critical stage that prepares your case for trial. Consulting with a personal injury attorney, gathering information, making inquiries, sending a demand letter, and engaging in settlement negotiations are all critical components of the pre-litigation phase. If you have been injured due to someone else’s negligence, it’s essential to consult with a personal injury attorney who can guide you through the legal process and help you get the compensation you deserve. Contact a skilled personal injury attorney today to learn more.

What to Do If You Get Injured in an Escalator Accident in Rhode Island

Fri, 29 Sep 2023 14:45:19 GMT

Escalators in Rhode Island are a common mode of transportation in shopping malls, hotels, and commercial buildings. While escalators are generally seen as safe, accidents can happen. These accidents can result in severe injuries, including broken bones, head injuries, and even death. In this blog post, we discuss the first step you should take if you get injured in an escalator accident in Rhode Island and how an attorney can help you seek compensation for your injuries.

The first step you should take if you get injured in an escalator accident is to seek medical attention immediately. This is crucial to ensure that your injuries are assessed, treated, and documented. If your injuries are not treated promptly, they could lead to complications. Even if you feel like your injuries are minor, it's still important to get checked out.

After seeking medical attention, you should report the accident to the property owner or the building management. This can help to ensure that the escalator is inspected, and any issues are addressed to prevent future accidents. You should also document the details of the accident. This can include taking photos of any injuries or the location where the accident occurred, writing down the names and contact information of any witnesses, and keeping any medical bills or other related expenses.

If you're injured in an escalator accident in Rhode Island, an attorney can help you seek compensation for your injuries. They can help you navigate the complex legal process and ensure that your rights are protected. An attorney can investigate the accident, collect evidence, and build a strong case on your behalf. They can also negotiate with the insurance companies to ensure that you receive fair compensation for your injuries, including medical expenses, lost wages, and pain and suffering.

In addition to helping you seek compensation, an attorney can also provide you with peace of mind. They can help you understand your legal rights and options, and guide you through the legal process. With an experienced attorney by your side, you can focus on your recovery while knowing that your case is in good hands.

Getting injured in an escalator accident can be a traumatic experience, but there are steps you can take to protect your rights. Seeking medical attention, reporting the accident to the property owner or building management, and documenting the details of the accident are all crucial steps. If you're injured in an escalator accident in Rhode Island, an attorney can help you seek compensation for your injuries and provide you with peace of mind. By working with an experienced attorney, you can focus on your recovery and move forward with your life.

Trusts vs. Wills in Rhode Island

Fri, 29 Sep 2023 14:41:29 GMT

Planning for your estate can be a daunting task. While it may seem like a grim subject, it is one you should think about sooner rather than later. Estate planning is a way for you to make legal arrangements for your assets and loved ones should something happen to you. One of the most important decisions is determining whether you should create a trust or a will. This blog post will discuss the key differences between trusts and wills in Rhode Island.

What are trusts?

Trusts, in simple terms, are legal instruments that provide control and protection over assets. They can be created by individuals (living trusts) or by wills (testamentary trusts) and managed by a trustee on behalf of the beneficiaries. Trusts are designed to transfer assets securely outside of probate, providing significant tax advantages. Living trusts are created during a person’s lifetime and take effect immediately. They can be revocable or irrevocable and offer flexibility in the transfer of assets. Testamentary trusts are formed after a person's death, funded by their will, and are managed by a trustee.

What are wills?

A will is a legal document that specifies how a person's assets will be allocated after their death. To be valid, a Rhode Island will must be in writing, signed by the testator (the person who created the will) and two witnesses. A will allows you to appoint an executor (the person who will administer the estate), designate beneficiaries, and establish guardianship for minor children. Unlike trusts, wills must go through the probate court process, which can be costly and time-consuming.

How do you avoid probate?

Probate is a legal process in which a court oversees and validates a will, ensuring that the decedent's assets are distributed to the rightful heirs and beneficiaries. Probate can be a lengthy and expensive process, which is why many individuals choose to avoid it altogether. One way to bypass probate is by creating a living trust. Assets held in a trust are not subject to probate, allowing for a smooth and efficient transfer of property. Other options include joint ownership of property, naming beneficiaries on assets, and establishing payable-on-death accounts.

How can an attorney help?

Estate planning can be a complex and intimidating process. An experienced estate planning attorney can help guide you through the process and ensure that your wishes are accurately reflected in your legal documents. An attorney can also provide you with advice regarding tax planning, drafting a will or trust, and strategies for avoiding probate. They can help you identify your goals and establish a plan that will best serve your interests and those of your loved ones.

Choosing between a trust and a will is a significant decision that should be made with careful thought and consideration. While both have their benefits, each may better suit the unique needs of a particular situation. By working with an experienced estate planning attorney, you can ensure that your wishes are accurately reflected in your legal documents and that your assets are protected. By taking the time to plan, you can provide your loved ones with the peace of mind they deserve.

What is a Medicaid Irrevocable Trust

Thu, 28 Sep 2023 23:26:01 GMT

A Medicaid Irrevocable Trust is a specific type of trust used to protect a person's assets so they can qualify for Medicaid. It is designed to protect a person’s assets from being counted for Medicaid eligibility purposes. When assets are placed into this type of trust, they are no longer considered to be owned by the person who established the trust (known as the grantor). Instead, they are owned by the trust itself.

In simple terms, when assets are placed into an irrevocable trust, they are no longer considered to be owned by the person (the grantor) who established the trust. Instead, they are owned by the trust itself. As a result, the assets would not be counted by Medicaid when determining the grantor's eligibility for benefits. Once assets are transferred into the trust, they are no longer considered the property of the grantor. This means that when Medicaid is determining the grantor's eligibility for benefits, these assets aren't counted as part of the grantor's wealth.

A Medicaid Irrevocable Trust works by transferring ownership of a person's assets from the individual (the grantor) to the trust itself. The assets in the trust are managed by a trustee, who is typically a trusted friend, family member, or professional fiduciary. The trustee has a legal obligation to manage the assets in the best interests of the trust's beneficiaries according to the terms set out in the trust agreement.

The term "irrevocable" means that, once the trust is established and assets are transferred into it, the trust cannot be altered or cancelled without the consent of the trust's beneficiaries. This ensures that the assets within the trust are permanently removed from the grantor's estate and cannot be reclaimed, thus preserving the grantor's eligibility for Medicaid. This is in contrast to a revocable trust, which can be changed or cancelled by the grantor at any time.

The key feature of a Medicaid irrevocable trust is that it protects assets while helping individuals qualify for Medicaid coverage for long-term healthcare needs. However, there is an important timing issue to consider. Medicaid has a five-year 'look-back' period, which means it checks if the grantor has transferred assets for less than market value in the five years prior to applying for Medicaid. If such transfers are found, it can result in a period of ineligibility for Medicaid benefits. Therefore, the trust should ideally be established and assets transferred into it more than five years before applying for Medicaid.

As the rules governing Medicaid Irrevocable Trusts are complex and vary from state to state, it's essential to work with an experienced elder law attorney when setting up a Medicaid Irrevocable Trust.

Benefits of a Revocable Trusts

Thu, 28 Sep 2023 23:21:17 GMT

A revocable living trust offers several benefits:

1. Avoid Probate: One of the primary advantages of a revocable living trust is that it allows your estate to avoid probate, the legal process through which a deceased person's estate is distributed. Probate can be a lengthy and expensive process, and a living trust can help to avoid these complications.

2. Privacy: Unlike a will, which becomes a matter of public record once it is probated, a trust can maintain your privacy after death. The details of your trust and the distribution of your assets are not made public.

3. Flexibility: A revocable living trust can be altered, modified, or completely revoked at any point during your lifetime, as long as you are mentally competent. This gives you the ability to manage and control your assets while you are alive and capable.

4. Incapacity Planning: A revocable living trust can include provisions for managing your affairs if you become incapacitated. This can eliminate the need for a court-appointed conservatorship.

5. Minor Beneficiaries: If you have minor children or grandchildren, a trust can provide for their financial needs without the need for a court-appointed guardian.

6. Estate Tax Planning: Although this doesn't apply to everyone, for individuals with larger estates, a properly drafted revocable living trust can help reduce or eliminate federal estate taxes.

Remember, while these benefits can be significant, whether a revocable living trust is right for you will depend on your specific circumstances. Always consult with a qualified estate planning attorney to determine the best approach for your situation.

I Slipped and Fell at Work in Rhode Island; What Should I Do?

Thu, 28 Sep 2023 15:51:43 GMT

Accidents happen, and when they do, it's important to know what steps to take to protect yourself and get the assistance you need. One of the most common accidents that happen in the workplace is slip and fall accidents. If you were involved in a slip and fall accident while on the job in Rhode Island, you're not alone and we are here to help. In this blog post, we will discuss what you should do if you slip and fall in the workplace in Rhode Island.

1. Report the Accident

The first thing you should do after a slip and fall accident is to report the incident to your employer. It's important to do so as soon as possible so that your employer can document the details of the accident and take appropriate measures to ensure the safety of others. If you fail to report the accident in a timely manner, it could affect your eligibility for workers' compensation benefits.

2. Seek Medical Treatment

After a slip and fall accident, it's important to seek medical attention as soon as possible. Even if you feel fine, you may have suffered injuries that are not immediately visible or noticeable. Delaying medical treatment could make your injuries worse or create issues with receiving benefits from workers' compensation. Make sure to document all medical procedures and gather all records for future reference.

3. File a Claim

If you were injured on the job in Rhode Island, you may be entitled to workers' compensation benefits. To file a claim, you must complete the necessary paperwork and submit it to the appropriate agency. It's important to keep copies of all documents and correspondence related to your claim.

4. Contact an Attorney

If you are unsure about the claims process, or you have been denied benefits, you may want to consider contacting an attorney. A legal professional can help guide you through the process and ensure that your rights are protected. They can also help you navigate the often-complex legal system and increase the chance of a favorable outcome.

5. How Can We Help?

At Tomassi Law Associates LLC, we have experience in handling slip-and-fall accident matters and workers' compensation claims in Rhode Island. Our team of attorneys has the knowledge and skills necessary to help you obtain the compensation you deserve. We will help you navigate the legal process and fight for your rights. Contact us today for a free consultation.

If you've been involved in a slip and fall accident while on the job in Rhode Island, it's important to take quick and decisive action. Report the accident to your employer, seek medical attention, file a claim, and if necessary, contact an attorney. At Tomassi Law Associates LLC, we understand that accidents can be painful and stressful. We are here to help you through this difficult time and ensure that you receive the compensation you deserve. Contact us today for a free consultation and let us fight for your rights.

What You Need to Know About Wrongful Death Claims in Rhode Island

Fri, 15 Sep 2023 19:08:59 GMT

Dealing with the loss of a loved one is one of the most difficult things any of us can ever go through. However, when that loss is due to someone else's negligence or recklessness, it can be even more devastating. In Rhode Island, family members of those who have died due to the wrongful actions of others have the right to file a wrongful death claim. But what exactly is a wrongful death claim, how does it work, and what do you need to know if you're considering filing one? Here's what you need to know.

1. What is a wrongful death claim, and who can file one?

A wrongful death claim is a lawsuit that is brought against someone who is responsible for another person's death. In Rhode Island, a wrongful death claim can be filed by the surviving spouse or children of the deceased, or in some cases by the deceased's parents or other family members. The goal of a wrongful death claim is to provide compensation to the surviving family members for the damages they have suffered as a result of the death.

2. What damages can be recovered in a wrongful death claim?

There are several types of damages that can be recovered in a wrongful death claim in Rhode Island. These include compensation for medical bills and funeral expenses, lost wages and benefits, and the loss of companionship and support that the deceased would have provided. In some cases, punitive damages may also be awarded, which are intended to punish the person or entity who caused the death and to deter others from engaging in similar behavior in the future.

3. What is the statute of limitations for filing a wrongful death claim in Rhode Island?

In Rhode Island, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased's death. It's important to note, however, that there are some exceptions to this rule, and the time limit can be shorter in certain circumstances. That's why it's important to consult with an experienced Rhode Island wrongful death attorney as soon as possible if you believe you may have a claim.

4. What should you look for when choosing a Rhode Island wrongful death attorney?

Choosing the right attorney to handle your wrongful death claim can be one of the most important decisions you make during this difficult time. When choosing an attorney, look for someone who has experience handling wrongful death claims in Rhode Island, and who has a track record of success in these types of cases. You should also look for an attorney who you feel comfortable working with, and who takes the time to listen to your concerns and answer your questions.

5. How can an attorney help you with your wrongful death claim?

An experienced Rhode Island wrongful death attorney can provide you with the guidance and support you need as you navigate the legal process. They can help you gather evidence to support your claim, negotiate with insurance companies on your behalf, and represent you in court if necessary. They can also provide you with peace of mind during this difficult time, allowing you to focus on grieving and healing while they handle the legal aspects of your claim.

If you've lost a loved one due to someone else's negligence or recklessness, you may have the right to file a wrongful death claim in Rhode Island. While nothing can bring your loved one back, a successful wrongful death claim can provide you with the financial support you need to move forward. To learn more about your legal options, contact an experienced Rhode Island wrongful death attorney today.

A Legal Comparison: Corporation vs. Partnership

Thu, 31 Aug 2023 21:04:05 GMT

Entrepreneurship is a roller-coaster ride filled with numerous legal intricacies and pitfalls. One of the most important decisions budding entrepreneurs have to make is choosing the most ideal legal structure for their business. In Rhode Island, two of the most popular forms of business structures are corporations and partnerships. In this article, we will explore the differences between these two forms of business structures so that you can make an informed decision.

Formation

The first distinction between corporations and partnerships is their formation. In Rhode Island, corporations come into existence through the filing of Articles of Incorporation with the Rhode Island Secretary of State's office. Corporations are separate legal entities from their owners or shareholders, making them liable for their own debts and taxes. On the other hand, partnerships do not require formalities for their formation. A simple agreement between the partners is sufficient to form a partnership. Partnerships are not separate legal entities, and the partners are personally responsible for all the partnerships' debts and taxes.

Liability

In a corporation, shareholders are not personally liable for the corporation's debts or legal actions. The corporation exists as a separate legal entity, and shareholders are only liable for their investments in the corporation. In a partnership, however, all partners are jointly and severally liable for the partnership's debts and legal actions. This means that each partner is responsible for any legal obligations or debts that the partnership incurs, regardless of any agreement between the partners.

Management Structure

Corporations and partnerships also differ significantly in their management structures. In a corporation, the shareholders elect a board of directors who are responsible for making decisions about the corporation's operations and hires a management team to carry out those decisions. In contrast, partnerships are managed by the partners themselves and require a unanimous vote to make any major decisions.

Taxation

Corporations and partnerships have different tax implications. A corporation is taxed as a separate legal entity, and the corporation itself pays taxes on its profits. Shareholders also pay taxes on dividends received from the corporation. Partnerships are pass-through entities, and profits are taxed as personal income for each partner. Partners are required to report their share of the partnership's income on their personal tax returns.

Choosing the right legal structure for your business is crucial. Corporations and partnerships are two of the most common business structures in Rhode Island, and they have distinct differences when it comes to formation, liability, management structure, and taxation. While corporations can provide protection for shareholders and a more traditional management structure, partnerships can offer more flexibility and simplicity. Consult with a lawyer or business advisor to determine which legal structure is best for your business goals and needs.

How to Avoid Probate in Rhode Island

Thu, 31 Aug 2023 21:00:25 GMT

Probate is a legal process in which a deceased person's property is distributed to their heirs and beneficiaries. This process can be lengthy, tedious, and expensive. In Rhode Island, it can take up to a year for probate to be completed. Fortunately, there are ways to avoid probate and simplify the process for your loved ones. In this blog post, we will discuss several strategies that you can use to avoid probate in Rhode Island.

1. Create a Living Trust – A living trust is a document that allows you to transfer ownership of your assets to a trustee who will manage them on your behalf. When you create a living trust, you become both the trust's grantor (creator) and trustee. Therefore, you can continue to manage your assets. If you become unable to act as a trustee due to incapacity or death, the successor trustee you have named in your trust document will take over without the need for probate.

2. Joint Ownership – Joint ownership is another way to avoid probate. If you own property jointly with another person, such as your spouse, the property will pass directly to the surviving owner when you die. This means that the property will not go through probate, but it will be passed directly to the surviving owner. However, it's essential to discuss the pros and cons of joint ownership with an attorney before taking this step. For example, joint ownership can lead to tax and creditor issues.

3. Designation of Beneficiaries – You can also avoid probate by designating beneficiaries for your assets. For example, you can name beneficiaries for your bank accounts, retirement accounts, life insurance policies and other assets. When you die, the assets will pass directly to the beneficiaries you have named. This means that the assets will not go through probate.

4. Payable on Death (POD) Accounts – A POD account is a bank account that has a designated beneficiary. When you die, the funds in the account will pass directly to the beneficiary without the need for probate. This type of account can be very helpful if you have a specific person who needs access to your funds upon your death.

5. Transfer on Death (TOD) Deeds – Similarly to POD accounts, you can avoid probate by using TOD deeds for your real estate. With a TOD deed, you can transfer ownership of your property when you die. It's important to note that TOD deeds need to be appropriately handled and coordinated with your estate plan. Consulting with an attorney can help you understand whether a TOD deed is the right solution for you.

Probate can be a time-consuming and costly process. However, with proper planning, you can avoid it altogether. Living trusts, joint ownership, and beneficiary designations or accounts such as POD and TOD can all help you pass your assets to your loved ones without going through the probate process in Rhode Island. It's always recommended that you consult with an attorney to ensure that your estate planning is airtight. A qualified attorney can review your situation, answer your questions and help you develop the right plan. When you consider that avoiding probate can save both time and money, you will find that taking the right steps in advance is worth every penny.

Selling Your Property in Rhode Island

Thu, 31 Aug 2023 20:56:56 GMT

Selling your property in Rhode Island can be a daunting task, especially if you are not familiar with the process. It involves a lot of paperwork and legal requirements that can be overwhelming for first-time sellers. However, with the right knowledge and guidance, you can successfully sell your property hassle-free. This blog post aims to provide a comprehensive guide on the steps to sell your property in Rhode Island.

1. Prepare and Price Your Property

Before you put your property on the market, it is essential to prepare and price it correctly. First, you need to declutter and depersonalize the space to make it more attractive to potential buyers. You can also consider hiring a professional stager to help make your property more appealing. Once your property is ready, it is time to price it correctly. To do this, you can hire a real estate agent or use online tools that can help you estimate your property's value.

2. Hire a Real Estate Agent

While you can sell your property on your own, it is advisable to hire a real estate agent to assist you with the sales process. A real estate agent has extensive knowledge of the local market and can help you set the right price for your property. They can also help you market your property and negotiate with potential buyers. It is essential to hire a licensed real estate agent who has a good reputation in the industry.

3. List Your Property and Market It

Once you have priced your property and hired a real estate agent, it is time to list and market your property. Your real estate agent will help you create a listing that showcases the best features of your property. They will also market your property using various channels, such as online listings, open houses, and advertisements. It is essential to make your property stand out from the competition by highlighting its unique features.

4. Negotiate and Accept an Offer

When you receive an offer from a potential buyer, your real estate agent will help you negotiate the best deal. They will review the offer and help you decide if it is fair and reasonable. You can accept the offer, reject it, or make a counteroffer. If you accept the offer, the buyer will typically deposit an earnest money deposit, which is a sign of their commitment to buying the property.

5. Close the Sale

Closing the sale involves several legal and financial steps, such as a title search, home inspection, and appraisal. Your real estate agent and attorney will guide you through this process and ensure that all the necessary documents are signed and filed correctly. The buyer will also have to secure financing, and you will have to transfer ownership of the property to them. Once all the steps are completed, you will receive payment for your property, and the sale will be complete.

Selling your property in Rhode Island can be a stressful process, but with the right knowledge and guidance, you can successfully sell your property hassle-free. This guide has highlighted the essential steps to sell your property in Rhode Island, including preparing and pricing your property, hiring a real estate agent, listing and marketing your property, negotiating and accepting an offer, and closing the sale. By following these steps, you can sell your property smoothly and achieve a fair price.

The Legal Factors that Affect the Price of a House in Rhode Island

Tue, 15 Aug 2023 15:16:11 GMT

As a Rhode Island resident looking to buy a house, understanding the legal factors that can affect a home's price is crucial. Several legal elements come into play when determining the price of a house, and it's essential to know what they are. It's also important to understand how these factors can affect the negotiation process and potentially influence your purchasing decision. In this blog post, we will explore the key legal factors that can impact the cost of a house in Rhode Island.

1. Market Conditions and Appraisal Value

The housing market is a significant factor that influences the price of a home. Buyers, sellers, and appraisers all consider informational data trends, including fair market value, to determine a home's price. In Rhode Island, the housing market has the highest median prices in New England, and it has been experiencing stable growth in recent years. When the state's real estate market is hot, the demand may exceed supply. This can lead to bidding wars and drive up prices. Appraisal value also plays a crucial role in determining a house's price. It considers the house's condition, location, size, and features.

2. Legal Conditions

Legal conditions, such as zoning laws, building codes, and economic development projects, also play a vital role in determining a house's price. Zoning laws regulate land use, which can affect a home's value. Suppose the property is near shopping centers or schools. In that case, the zoning laws will most likely permit more commercial or residential construction in the area, driving up home prices. Building codes can also influence prices as homes may need to comply with strict regulations, raising construction costs.

3. Neighborhood Comps and Renovations

The appraisal value of a home depends on its comparison to other similar homes in the neighborhood. Real estate agents often refer to this as "comps." Comparing the home with other properties of similar values can help in providing an estimated range for the home. The value estimation includes considering specifications such as the number of rooms, size of the yard, and the age of the property. Renovations can also impact a home's value, usually when they add significant features such as additional bathrooms, updated kitchens, or energy-efficient systems.

4. Title Conditions

Another essential factor that can affect a home's price is its title's condition. It's crucial to conduct a title search before purchasing a property. The Buyer must ensure that the property does not have any title defects such as liens, judgements from an auto accident, unpaid taxes, or foreclosure. These problems can interfere with the Buyer's ability to finance the home, impacting its overall value.

5. Seller's Strategy

A home's price may be influenced by the seller's strategy as well. Some sellers may price their homes slightly above the market value expecting to receive lower offers or overvalue their home, hoping that potential buyers will not shop the market. A competitive analysis may help Buyers investigate their market conditions and creating a strategy to make the best offer possible.

We hope this blog post has provided you with a better understanding of the significant legal factors that can influence a home's price in Rhode Island. As a Rhode Island resident, understanding how the market, legal conditions, comps, title history, and the seller's strategy can impact the price of a house can be advantageous. Conducting a comprehensive market analysis and due diligence on the title and other legal conditions can help buyers make informed purchasing decisions and avoid unwanted surprises. Remember, the right approach, adequate preparation, and a bit of knowledge can help you purchase your dream home at the right price.

Understanding Liability in Rhode Island Car Accidents

Thu, 20 Jul 2023 19:04:38 GMT

Understanding Liability in Rhode Island Car Accidents

Car accidents can be life-altering experiences that can cause physical injuries, financial difficulties, and emotional stress. In Rhode Island, if you or someone you know has been in a car accident, it is essential to know who is liable for the damages and injuries caused. Liability refers to a person's legal responsibility for the actions or behaviors that caused the accident. This blog post explains how liability is determined in Rhode Island car accidents and who pays compensation to the victims. At Tomassi Law, LLC, we are committed to helping car accident victims in Rhode Island navigate the legal system and get the compensation they deserve.

Rhode Island is a "fault" state, which means that the at-fault driver is responsible for the damages and injuries caused in a car accident. To determine liability, the following three factors are considered:

1. Negligence: Negligence refers to a person's failure to take reasonable care to prevent harm to others. In car accidents, negligence can include speeding, running a red light, drunk driving, distracted driving, or any other reckless behavior that caused the accident.

2. Liability Insurance: All drivers in Rhode Island are required to carry liability insurance, which can provide compensation for the damages and injuries caused in an accident. Typically, the at-fault driver's insurance company pays for the damages and injuries caused in the car accident.

3. Comparative Fault: In some cases, both drivers may share the liability for the accident. Rhode Island follows the comparative fault rule, which means that each party's liability is determined by their percentage of fault in the accident. If you are found to be partially at fault for the accident, your compensation may be reduced proportionally.

When you are involved in a car accident in Rhode Island, you may be entitled to various types of compensation, including:

1. Medical Expenses: This can include hospital bills, surgery costs, medication expenses, and other medical-related expenses for injuries caused in the accident.

2. Lost Wages: If you were unable to work due to the injuries caused in the accident, you may be entitled to compensation for lost wages.

3. Pain and Suffering: If the accident caused physical pain and emotional distress, you may be eligible for compensation for pain and suffering.

4. Property Damage: This can include the cost of repairing or replacing your vehicle or other personal belongings damaged in the accident.

At Tomassi Law, LLC, we understand that dealing with the aftermath of a car accident can be overwhelming and stressful. That's why our experienced attorneys can provide legal assistance to help you recover the compensation you deserve. We can handle negotiations with the insurance companies, collect evidence, and build a strong case on your behalf.

In conclusion, understanding liability and compensation in Rhode Island car accidents can help you navigate the legal system and get the recovery you need after an accident. If you or someone you know has been involved in a car accident, contact Tomassi Law, LLC to schedule a free consultation with one of our experienced attorneys. We will work tirelessly to ensure that you are justly compensated for your injuries and damages.

Understanding Revocable and Irrevocable Living Trusts

Thu, 29 Jun 2023 16:08:02 GMT

Understanding Revocable and Irrevocable Living Trusts

Living trusts can be either revocable or irrevocable, each with its own advantages and disadvantages. Understanding the differences between these two types of trusts is important when considering which one is best for your needs.

Revocable living trusts allow the grantor to maintain control over their assets and make changes or revoke the trust at any time. They are flexible and can be modified as circumstances change, making them a popular choice for many individuals. Revocable living trusts are also effective in avoiding probate and providing for incapacity or disability.

Irrevocable living trusts, on the other hand, cannot be changed or revoked once they are established. They offer greater asset protection and can provide tax benefits, making them a popular choice for estate planning. However, the grantor relinquishes control over the assets once they are placed in the trust.

When deciding which type of living trust to use, it is important to consider factors such as the nature of the assets involved, tax implications, and the grantor's goals for asset protection and control. A knowledgeable lawyer can help guide individuals through the process and determine which type of living trust is best for their unique needs and circumstances.

For More Information and a Free Consultation please call at (401) 941-5291 or visit us online at https://www.attorney-ri.com

Understanding the Difference between a Trust and a Will

Mon, 26 Jun 2023 14:50:55 GMT

Understanding the Difference between a Trust and a Will

As a Rhode Island resident, you might be considering estate planning as a way of securing your assets and ensuring that your loved ones are taken care of after you pass away. However, you might find yourself confused between a trust and a will, and which one is best suited for you. This blog post will cover the key differences between a trust and a will, and their respective benefits and drawbacks.

A trust is a legal agreement between an individual (the grantor) and a trustee, wherein the grantor transfers assets to the trust, which the trustee manages on behalf of the beneficiaries. There are two main types of trusts: revocable and irrevocable. A revocable trust can be changed or revoked by the grantor at any time, while an irrevocable trust cannot be modified once created. One key advantage of a trust is that it avoids probate, which can be a lengthy and costly process. Additionally, assets in a trust are generally protected from creditors, lawsuits, and taxes.

On the other hand, a will is a legal document that outlines who will receive your property, assets, and other belongings after you pass away. A will allows you to name an executor to manage your affairs after your death and nominate guardians for your minor children. One key advantage of a will is that it allows for greater flexibility and simplicity compared to a trust. However, a will must be probated, which can be a lengthy and costly process, and it does not provide the same level of asset protection as a trust.

When deciding between a trust and a will, consider your individual needs and goals. For example, if you have significant assets or complex family dynamics, a trust might be the better option for you. Additionally, if you want to avoid the probate process altogether, a trust can help achieve that. However, if your assets are relatively simple, a will might be sufficient for your needs.

It's important to note that a comprehensive estate plan should include both a trust and a will. This is because a trust can hold certain assets, while a will covers assets that are not funded into the trust. Additionally, a will can serve as a backup plan for assets that were not properly included in the trust.

In summary, a trust and a will are both critical components of any estate plan, but serve different purposes. While a trust provides asset protection and avoids probate, a will allows for flexibility and simplicity. At Tomassi Law, LLC, our team of legal professionals can help tailor an estate plan that suits your individual needs and goals. Contact us today to learn more about how we can assist you with your estate planning needs.

If you are a Real Estate Investor - I want to talk with you!

Mon, 26 Jun 2023 00:38:51 GMT

If you are a Real estate investor - i want to talk with you!

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Trust Attorney

Sun, 25 Jun 2023 23:32:13 GMT

What is a Living Trust, and How Does it Work?

A living trust is a legal arrangement in which an individual (the grantor) transfers ownership of their assets to a trustee to manage and distribute to beneficiaries according to the grantor's wishes. The trust is established while the grantor is alive and can be modified or revoked during their lifetime.

Living trusts can offer a variety of benefits, including avoiding probate, providing for incapacity, and offering greater privacy. They can also provide more control over the distribution of assets after death and may offer tax advantages.

To create a living trust, the grantor must transfer ownership of their assets to the trust and designate beneficiaries. The trustee manages the trust assets and distributes them to beneficiaries according to the grantor's wishes.

Living trusts can be revocable or irrevocable, with the latter providing less flexibility but greater asset protection. The grantor may also serve as the initial trustee or designate another individual or corporate trustee.

Overall, a living trust can be a valuable tool for estate planning, providing greater control over the distribution of assets and offering various benefits. A knowledgeable lawyer can help guide individuals through the process of establishing a living trust and ensure that it is tailored to their unique needs and circumstances.

For More Information and a Free Consultation please call at (401) 941-5291 or visit us online at https://www.attorney-ri.com

Why an Attorney Should Review Every Contract Before You Sign It

Tue, 30 May 2023 18:51:07 GMT

Why an Attorney Should Review Every Contract Before You Sign It

We all know that a contract is a legally binding agreement between two or more parties. It is an essential document that outlines the terms and conditions, responsibilities, and obligations of each party involved. But did you know that it's crucial to have an attorney review your contract before signing it? Yes, that's right! An attorney can provide invaluable input and ensure that all the terms are in your favor. In this blog, we will discuss why it's essential to have an attorney review every contract before you sign it.

Knowledge and Expertise

As a layperson, it's easy to miss vital details and legal jargon while reading through a contract. You're most likely not familiar with the legal language used in contracts. A legal professional has specialized knowledge and expertise to understand the language and structure of contracts. They can identify clauses that are unfavorable to you and suggest how to modify them. Reviewing contracts is what attorneys do for a living, and they know the ins and outs of the legal language.

Avoid Being Misled

Do you know that some contracts can be misleading? As a layperson, the language of a contract may seem fair and straightforward to you, but it may contain hidden terms that are not in your favor. An attorney can help you recognize such terms and clauses that are there to protect the other party's interests. With an attorney's help, you can ensure that you fully understand and agree to the contract's terms.

Protect Your Interests

An attorney can also ensure that the contract protects your interests. They can negotiate terms and conditions that are favorable to you and help you with any modifications you should make before signing the contract. With the help of an attorney, you can protect your business, property, or personal interests effectively.

Avoid Legal Troubles

Any agreement you make in a contract is legal and binding. If the terms of the contract aren't met, you may end up in legal trouble. An attorney can review the contract to verify that all promises made in the contract are enforceable legally. They can also ensure that the contract abides by all the local, state, and federal laws, rules, and regulations.

Saves Money in the Long Run

Having an attorney review your contract provides added security in the long run. If you end up in a dispute related to the contract, it can cost you not only time and effort but also a significant amount of money. An attorney can help you avoid such issues by ensuring all the contract terms are clear and legally sound.

Having an attorney review every contract before signing is a wise decision. An attorney's specialized knowledge, expertise, and experience can help you avoid potential legal troubles down the road. At Tomassi Law, we provide contract drafting and reviewing services to individuals in Rhode Island. Our experienced attorneys can guide you in every step of the way to make sure that you get the best possible outcome. Contact us today to learn more about our services and how we can help you.

What Happens if You Die Without a Will in Rhode Island?

Fri, 28 Apr 2023 15:28:49 GMT

What Happens if You Die Without a Will in Rhode Island?

Death is a topic that many people do not like to discuss or think about, but it is inevitable. Do you want to protect your loved ones and ensure that they are taken care of even after your death? Then you need to draft a will. A will is an essential document that specifies how your assets and property should be distributed after your death. Without a will, the state of Rhode Island will have the final say on how your assets will be distributed. In this blog post, we will explain what happens if you die without a will in Rhode Island and the steps involved in drafting a will.

What happens if you die without a will in Rhode Island?

If you die without a will in Rhode Island, your assets will be distributed according to the state’s intestacy laws. This means that the state will determine who will receive your assets and in what proportion, regardless of your wishes. Intestacy laws in Rhode Island state that your assets will be distributed to your closest living relatives – usually your spouse or children. However, if you have no living relatives, your assets will go to the state.

Steps involved in drafting a will

To draft a will, the first step is to hire an attorney who specializes in estate planning. An attorney will guide you through the will drafting process and help you make important decisions such as how to divide your assets, who to appoint as an executor, and who should be the guardians of your minor children. You can also choose to include specific bequests, such as leaving a particular asset to a certain person, in your will. Once your will has been drafted, you will need to sign it in front of witnesses to make it legally binding.

At Tomassi Law, LLC we can assist the Rhode Island public with estate planning matters

At Tomassi Law, LLC, we understand how important it is to protect your loved ones after your death. That is why we offer estate planning services to Rhode Island residents. Our experienced attorneys will work with you to create a personalized estate plan that meets your unique needs and ensures that your wishes are carried out after your death. We can also help you review and update your existing estate plan.

In conclusion, dying without a will in Rhode Island can be a complicated and stressful process for your loved ones. It is crucial that you take the necessary steps to draft a will and ensure that your assets are distributed according to your wishes after your death. At Tomassi Law, LLC, we offer estate planning services to help Rhode Island residents protect their loved ones and ensure that their wishes are carried out. Contact us today to schedule a consultation with one of our experienced estate planning attorneys.

Understanding Compensation Calculation in Personal Injury Cases

Tue, 11 Apr 2023 13:57:50 GMT

Understanding Compensation Calculation in Personal Injury Cases

Sustaining a personal injury can be a stressful time for anyone, particularly when it leads to financial loss. Between medical bills and time off work, the cost of getting injured can quickly add up. Fortunately, in many cases, personal injury victims have a legal right to compensation. In Rhode Island, compensation is calculated based on a variety of factors, which we’ll explore in this blog post. If you’re a resident of Rhode Island and have suffered a personal injury, read on to better understand the compensation calculation process.

The amount of compensation awarded in a personal injury case heavily depends on the severity of the injury. When determining compensation, courts will consider the extent of medical expenses, any lost wages or income, and pain and suffering endured by the victim. Additionally, if the injury had punitive or lasting effects on the victim's health or caused long-term damage, this will also be reflected in the compensation.

Another factor considered is the liability of each party involved in causing the injury. For example, if the victim was partially at fault for the accident, the compensation may be reduced to reflect this. If the victim was entirely blameless, the majority of the compensation could come from the responsible party. Rhode Island state law follows the practice of comparative negligence, which means that a victim can recover damages even if they are partly at fault, but it will be reduced proportionally to their level of negligence.

It’s worth noting that not all personal injury cases go to court. Victims may decide to settle with the insurance company of the accused party if both parties agree to it. In such cases, compensation may be calculated based on estimates of the expenses and losses incurred by the victim. While this can be an attractive option for some, it’s important to consult with an attorney to ensure that the victim is being adequately compensated.

In Rhode Island, the party responsible for the personal injury is usually responsible for paying compensation. However, if the accused person does not have insurance or the means to pay compensation, the victim may need to consider other options. It may be necessary to obtain a settlement from the insurance company of the victim or file a claim from the government's Crime Victim Compensation fund.

Personal injuries can be a challenging and confusing time for anyone involved. Knowing how compensation is calculated and who is responsible for paying it helps to identify a path forward. At Tomassi Law, LLC, we offer legal assistance for Rhode Island residents who have suffered personal injuries. Contact us today to see how we can assist you in calculating the compensation that you are entitled to receive. Remember that you have rights as a victim, and we can help you fight for them!

Understanding Motorcycle Accidents in Rhode Island

Fri, 31 Mar 2023 15:16:56 GMT

Understanding Motorcycle Accidents in Rhode Island

Motorcycle accidents are some of the most dangerous and life-threatening accidents that can occur on the road. They often result in serious injuries or even fatalities. Unfortunately, Rhode Island residents are no exception to this reality. Despite the strict laws and regulations concerning road safety, motorcycle accidents still occur, and the victims typically suffer a significant amount of damages. In this blog post, we will delve into how fault is determined, who is liable, and how compensation is calculated in personal injury cases involving motorcycle accidents in Rhode Island.

Who is liable in a motorcycle accident in Rhode Island?

In Rhode Island, liability for a motorcycle accident can be attributed to various parties, including the driver of the motorcycle or another motor vehicle, the manufacturer of the vehicle, or the government responsible for maintaining the road. It is crucial to determine who was at fault because this ultimately determines who owes compensation to the victim. It is also important to note that Rhode Island is a comparative negligence state, which means that the damages awarded to the victim are reduced by the percentage of fault assigned to them.

How is fault determined in a motorcycle accident in Rhode Island?

Proving fault in any accident is a complicated process that involves a lot of details and evidence. An experienced attorney can help you navigate the legal system to determine who was liable for the accident. Factors that determine fault may include eyewitness accounts, the location of the accident, the type of road conditions, and the circumstances of the collision. It is also important to establish negligence, which refers to the failure to exercise the standard of care that is required of all drivers on the road.

What are my options if I was the victim of a motorcycle accident?

If you were the victim of a motorcycle accident in Rhode Island, you have several options for seeking compensation. You can file a claim with your insurance company, file a personal injury lawsuit against the at-fault party or parties, or seek compensation through a third-party claim with the liable party’s insurance company. It is important to consider the pros and cons of each option and to consult with a qualified attorney, who can help you decide which option is best for you.

How is compensation calculated in a personal injury case?

In a personal injury case involving a motorcycle accident, compensation is calculated based on the damages that resulted from the accident, including any medical bills, lost wages, or property damage. Compensation may also include non-economic damages, such as pain and suffering or emotional distress. The amount of compensation that you may receive will vary depending on the severity of your injuries and the extent of the damages that resulted from the accident.

Who pays compensation to the victims in a motorcycle accident?

In most cases, compensation is paid by the insurance company of the liable party. However, if the liable party is uninsured, or their insurance policy does not cover the full amount of damages, the victim may need to seek compensation through their own insurance policy, or through a third-party claim against the liable party. An experienced attorney can help you navigate these complicated legal processes and ensure that you receive the compensation that you are entitled to.

If you have been the victim of a motorcycle accident in Rhode Island, it is important to seek the guidance of an experienced attorney who can help you protect your rights and secure the compensation you deserve. At Tomassi Law, LLC, we are committed to providing our clients with the highest level of legal representation and guidance. Contact us today to schedule a consultation and learn more about how we can help you with your personal injury case.

Understanding Your Legal Options After a Car Accident in Warwick, Rhode Island

Fri, 24 Feb 2023 14:32:06 GMT

Understanding Your Legal Options After a Car Accident in Warwick, Rhode Island

Car accidents can be devastating. In addition to the physical pain and suffering associated with car accidents, there are also legal considerations that must be taken into account. If you have been injured in a car accident in Warwick, Rhode Island, it is important to understand your options and what kind of compensation may be available to you. In this blog post we will review how liability is determined in a Rhode Island car accident and discuss how compensation is calculated in a personal injury case.

How Is Liability Determined In A Rhode Island Car Accident?

In the state of Rhode Island, fault-based insurance coverage applies. This means that the party who caused the accident is liable for any damage or injuries sustained by another party. To determine who is at fault, investigators may look at factors such as speed and/or alcohol consumption at the time of the crash, as well as any traffic violations or distractions that may have contributed to the accident. Additionally, if one driver was driving recklessly or negligently while operating their vehicle they may be held accountable for their actions.

What Type Of Compensation Can I Receive After A Car Accident?

The type of compensation available after a car accident depends on several factors such as severity of your injuries, medical expenses incurred due to those injuries, lost wages from missed work days and other damages related to the accident (e.g., property damage). Depending on these factors you may be eligible for compensatory damages (economic or non-economic damages) which can include medical bills, lost wages, pain and suffering or even punitive damages (in extreme cases).

How Is Compensation Calculated In A Personal Injury Case?

The amount of money awarded in a personal injury case will depend on many different things including the extent of your injuries, any medical bills associated with your treatment and recovery, lost wages from missed work days due to your injuries and other relevant expenses related to your claim (e.g., property damage). The court will also consider any mitigating factors such as if either parties were negligent at all during the incident or if either failed to take necessary safety measures before or after the accident occurred. Additionally, if punitive damages are applicable they will be awarded in an amount deemed appropriate by the court based on all available evidence.

At Tomassi Law we understand how confusing and stressful it can be when dealing with personal injury matters after a car accident in Warwick. That’s why our team of experienced attorneys are here to help you every step of the way so that you can get back on track as soon as possible and receive full compensation for any losses suffered due to your accident. Contact us today for more information about our services and how we can assist you with your legal matters!

The Benefits of Having an Estate Plan

Thu, 26 Jan 2023 21:44:58 GMT

The Benefits of Having an Estate Plan

An estate plan is a set of documents that help you control what happens to your assets and property after you die. It ensures that your wishes are followed, and it can provide peace of mind for you and your family. Tomassi Law provides estate planning services in Warwick, Rhode Island, and we’ve seen firsthand the benefits an estate plan can provide. Let’s take a look at why everyone should have an estate plan.

What Can an Estate Plan Do?

An estate plan allows you to make decisions now about how your property will be managed after you pass away. You can use an estate plan to name guardians for minor children, designate who gets what property when you die, and ensure that property is managed according to your wishes. Without an estate plan, state laws will determine who receives what when someone dies—and it may not be the way you would like it handled.

Another important aspect of having an estate plan is that it helps avoid probate court. Probate court is a lengthy process—it can take up to months or even years before assets are distributed among heirs. With a valid will or trust in place, probate court proceedings can often be avoided altogether or shortened significantly. This means that beneficiaries receive their inheritance much more quickly than they would otherwise.

Finally, if your financial situation changes over time—say if you acquire more property or investments—you can update your existing will or trust without any problems. That way, all of your assets are accounted for in the event of your passing and everyone knows exactly what they should expect from their inheritance.

Estate planning is essential for everyone but especially those with families and a substantial amount of wealth accumulated throughout their lives. At Tomassi Law in Warwick, Rhode Island, we understand how important it is for our clients to have peace of mind knowing their affairs are in order before they pass away. Our experienced attorneys can help guide you through the process so that you know everything has been taken care of according to your wishes—contact us today!

What Happens If My Personal Injury Claim Goes To Court?

Tue, 10 Jan 2023 15:37:42 GMT

When Personal Injury Cases Go to Court: What You Need to Know

If you are dealing with an injury from an accident — such as a workplace accident or car accident, you may want to contact a personal injury attorney. An attorney can help you file a claim against the party or parties who may be at fault.

Filing this legal claim will open up the opportunity for you to receive compensation. This compensation could help to cover a variety of costs you have incurred:

Damage to property
Medical treatment and hospitalization
Loss of wages from missing work
Other pain and suffering

In many cases, insurance companies settle personal injury cases and lawsuits out of court. However, out-of-court settlements are not the only potential outcomes.

Several cases do eventually wind up going to court for trial. A few of the most common reasons include the following:

The attorney for the defendant believes that they will win the case.
A plaintiff may want to publicly display the defendant's negligence without them having the option to conceal wrongdoing through a settlement.
The defendant wants to contest the amount of money at stake for the personal injury claim.
The defendant’s insurance company does not want to set a standard or precedent for the particular details of a case.
The seriousness of your injuries, recovery time, and how much it affects your ability to work.
Your family scenario, age, and other personal aspects.

If you find yourself in this situation, it is important to understand what you need to do — and what you should expect regarding your claim. Below is a breakdown of all the typical elements you will see in the trial process.

From Jury Selection to Trial Start

If cases wind up in court, each one will proceed through several steps from beginning to end.

Sometimes, a jury selection may take place to hear and decide your case. A jury is typically 12 or fewer individuals initially screened by a judge.

The judge asks each juror questions relative to the case to help understand their personal beliefs and potential biases. This helps produce a jury that is as impartial as possible regarding the specifics of your case.

Once the jury is finalized, the case can move to the trial. Personal injury trials usually get started with opening statements from both the prosecution and defense.

Each side is provided with a set amount of time to support their legal claims in the case. You will often see the personal injury attorneys going first in this process as they are tasked with demonstrating the burden of truth (and fault) against the other party.

What the Burden of Proof Is All About

The success of a personal injury claim hinges on a claimant's ability to clearly and indisputably demonstrate the burden of truth about who is at fault for an accident. The burden of proof relates to two separate but important components:

Burden of Production
Burden of Persuasion

Remember the idea of “innocent until proven guilty” to understand what these two components mean. This is what your personal injury attorney is tasked with doing in the trial.

The defendant is typically presumed innocent at the start of a trial. It is your personal injury attorney who must produce the evidence needed to show that the party is at-fault for an accident. Enough evidence provided through the burden of production achieves the burden of persuasion to convince a judge and jury of liability.

Achieving this burden of proof often starts with your personal injury attorney calling witnesses. These witnesses testify about what they have seen to corroborate other evidence presented throughout the trial.

Witnesses are sometimes people who were present at the time of the accident. They also could be professionals who can back up other evidence presented by your attorney:

Doctors
Medical professionals
Financial experts
Forensics or scene recreation experts

The Final Stages of the Court Process

When all of your evidence is presented, the defense then gets a chance to present their case and show counter-evidence related to the incident. Then, the defense proceeds much like the claimant's with evidence, witnesses, experts, and documents in support of their own argument.

After both sides have presented their cases, the opposite sides can then cross-examine witnesses to clarify issues, strike doubt into testimony, and attempt to strengthen their claims.

The final element of a trial occurs when each side presents its closing arguments. Both your personal injury attorney and the defense each have the chance to offer last words in an attempt to persuade the jury.

The arguments come down to the basic aspect of persuasion. Did the prosecution provide enough evidence to overcome the burden of proof and convince the jury of fault? Or did the defense's counter-evidence cast enough doubt into the argument meant to find the defendant at fault?

From this point, the jury then deliberates the evidence and makes a decision on the conclusion. You will often see the jury deliberate fairly quickly in personal injury cases. However, sometimes the case could take several days or more of deliberation before a decision is made.

Once the verdict is reached, it is given to the judge and then read to everyone in the courtroom.

The Value of a Personal Injury Attorney

Hopefully, this basic breakdown of the trial process can put your mind at ease. Usually, you can expect the trial to occur as it was described here. Yet the court process does not always move forward so predictably.

For example, you may be called on the stand by the defense to serve as a witness in your own case. As stressful as this seems, you can prepare for this option ahead of time.

There are all sorts of factors impacting how a case will play out. This is why it is so important to get in touch with a personal experience attorney. Their knowledge and experience will prepare you for the trial process — no matter what the case may entail.

Why your Attorney should review your Commercial Lease

Tue, 03 Jan 2023 20:22:23 GMT

Leasing with Confidence: Why You Need an Attorney to Review Your Commercial Lease

Leasing a commercial property is a great way to gain access to the premises your business needs without having to commit the funds required to purchase a property outright. This commercial lease will be governed by a lease document. Essentially, this is a contract that outlines the terms and conditions of the lease so that both parties understand their own rights, responsibilities, and limitations.

The commercial lease is legally binding, and so you'll need to take great care to ensure everything is in order before you sign it. If you discover later that something is not quite right, it will be difficult to change the contract once it has been signed — this could leave you significantly out of pocket.

Your attorney will be able to help you understand what you are signing up for, eliminating any of the legal doubt that may cause problems once the lease begins. Read on to discover more about why it's a good idea to have your commercial lease reviewed by a qualified attorney.

Tax Responsibilities

There will usually be some form of property tax due on your leased property. This can add a substantial amount to your regular costs, particularly in more highly sought-after areas of Warwick, Rhode Island, where property taxes tend to be higher than elsewhere. With this in mind, it's very useful to understand who is responsible for these taxes.

When an attorney examines your lease agreement, they will be able to identify who needs to pay these taxes. Your landlord may assume responsibility for paying property taxes, or they may transfer this responsibility to you for the duration of your lease. This will have a huge effect on the total cost of the lease, so it's best to understand this before you sign up for anything.

Insurance Requirements

It's likely that you will need some sort of insurance for your commercial property, and you may need to check that you are fully covered for any business activities you plan to conduct there. The landlord may already provide this insurance, in which case you will not need to take any further action. In other instances, however, the responsibility may shift to the tenant — i.e., you — and the landlord will not provide any insurance for the leased property. Even if the landlord does provide insurance, it may be necessary to check that your intended business activity does not invalidate this.

Your attorney will be able to examine your lease document and inform you of the insurance situation. They will let you know whether or not you need to take out additional insurance before you can begin leasing.

Usage Limitations

When you lease a commercial property in Warwick, Rhode Island, you likely have a specific purpose in mind. This is your business plan, after all, and you need to make sure the property you find is suitable to support this plan.

This is where an attorney can make a real difference. They will check that you are permitted to carry out all the relevant business activities within the property itself so that there are no nasty surprises later on. For example, if you lease a property with the intention of serving food and refreshments to your guests on-site, you'll need to make sure you are permitted to do so. If the lease contains any restrictions or limitations that may harm your business or affect your future plans, you need to know about them. Your attorney will make certain that you can use this property to execute your business plan.

Missing Information

Your commercial lease will include a large amount of information — all of which will need to be present and correct before you sign. This will include personal information regarding the landlord and the tenant, such as their names and the names of any guarantors associated with the lease.

In addition, there will be information regarding the terms of the lease, such as the date at which the lease begins, how long the lease will last for, the renewal process and requirements, the payment amount and method, and information regarding the intended purpose of the commercial property. Finally, there should be information on the property itself, like the legal description, location information, and the size and layout of the property.

It's very important that all of this information is included. If not, the lease could be invalidated further down the line, causing an unnecessary headache for all parties involved. Even if the lease is not invalidated, you may encounter obstacles if the agreement is incomplete, and these may be difficult to overcome.

Legality and Enforceability

While all of the above points are important if the lease agreement is to be considered complete, there are other aspects to consider, too. The lease will need to meet all legal requirements in Warwick, Rhode Island, and the terms of the lease will need to be enforceable under local and federal law.

This may be difficult to assess if you have not had the proper training. But an attorney will have the skills, qualifications, and experience required to assess these key points, providing you with peace of mind.

Negotiation

Your attorney will certainly be able to check everything is in order on your lease agreement, but they may be able to go beyond this. By helping you understand the terms and conditions associated with your specific lease, they will also help you recognize good and bad deals for your business.

With this as a foundation, you and your attorney may be able to negotiate some of the details of the lease agreement on the way to an optimal deal. You may also find it easier to compare lease agreements on other properties, in search of the best possible option.

Get the Help You Need on Your Commercial Lease Agreement — Reach Out Today

Need assistance from qualified attorneys on your commercial lease agreement? Reach out to us today and discover how we can help.

What to Expect When Selling Your Business

Thu, 15 Dec 2022 20:53:45 GMT

What to Expect When Selling Your Business

Business owners spend most of their time focusing on increasing the value of their business. So when the time comes to sell, getting the best price is often very important, but it's only one aspect of the transaction. You need to take specific legal steps to ensure the process goes smoothly.

Luckily, most business sales follow a well-defined set of steps, and you can enlist the help of an experienced lawyer to ensure that you and the buyer meet all requirements and legal obligations.

Here is what to expect when you sell your business.

The Six Legal Steps for Selling a Small Business

Deciding to sell your small business marks the end of your efforts to build a valuable company. However, it is only the start of the legal process. Here is what you can expect to happen after you decide to sell and start discussions with the potential buyer.

1. Initial Valuation and Declaration of Intent

The first step to selling a small business is the declaration of intent. This is normally done through a letter or advertisement in which you announce your intention to sell a business. This step begins the sales process and turns the negotiations from casual discussion into serious deal-making.

Often, a seller has already discussed the sale with potential buyers before drafting the letter of intent. However, the publishing of this declaration makes the negotiations more formal.

Basically, the letter of intent outlines the terms for the sale. Though there is room for negotiation, it is important to have a reasonable valuation in mind before starting this process.

A professional business appraisal can be worthwhile. Appraisers may find additional value in your company. While they will count assets, sales, and projections, they can also measure intangibles. For example, the expertise of employees or the efficiency of processes in the business can give the company an edge in the marketplace.

In addition to the purchase price, the letter of intent outlines other steps needed to complete the sale.

A letter of intent is not legally binding. The sale does not take place until both parties sign a legal purchase agreement. However, you cannot advertise the business or negotiate to sell it to anyone else.

The Due Diligence Process

After the initial letter of intent, you must give the buyer access to your business records. The buyer can then perform their due diligence and get a clear picture of what they are buying. They can use this information to decide whether or not to continue with the sale and negotiate a different final price, if necessary.

As the seller, you must produce financial records, including sales reports, profit and loss statements, current business contracts, loan and debt information, and other documents relating to existing business agreements and expenditures.

Depending on the type of business, the due diligence process can also include inspecting any physical sites and observing operations.

In addition to helping with decisions about the final sale, due diligence protects you from future lawsuits. Providing full access to records means the buyer has all the information necessary to make a decision about the sale. You can then prove that any errors happened because of the buyer's mistakes, not your lack of transparency.

Meeting Local and State Requirements

In addition to general steps for the sale of a business, some local and state governments have additional requirements for the sale of a company. These steps can vary from place to place. In some cities, you may need to transfer a license or permit or prove that the buyer has qualified employees to handle specific regulated tasks. You can meet these requirements at the same time as you work on the due diligence and purchase agreement phases of the process.

Again, professional legal advice can be valuable during this part of the sales process. Failure to meet local requirements can delay the sale or cause additional legal issues after the transfer of ownership.

Some industries also have financial or regulatory reporting requirements. You may need to notify the regulatory agency that gets these reports of a change in ownership.

Signing the Purchase Agreement

After the buyer has all the information they need, you can begin negotiations and write a final purchase agreement. This document sets the actual sales process in motion.

Most business owners rely on a lawyer to draft the purchase agreement because it is a legally binding document.

Purchase agreements go into great detail. They include the price and a complete list of what is being sold. It also transfers any liabilities and commitments associated with the business from the seller to the buyer.

You can also include any agreements about current employees and relationships with clients, suppliers, and other third parties.

Once both sides are happy with all the details, you and the buyer sign the purchase agreement. This step makes the sale official and sets the final phase of the transaction into motion.

Receiving Payment or Arranging Financing

The purchase agreement will include details about payment. Buyers may obtain financing, pay for the business in installments, or use cash or loans to make a one-time payment for the business. Ideally, the payments will happen smoothly and quickly. You will likely need to enlist the help of a lawyer to deal with any payment delays or issues.

Final Transfer of Ownership

The final round in the process is the actual transfer of ownership. If you have handled the previous steps correctly, the actual transfer of ownership is a formality that involves signing official documents.

Additional documents you usually have to sign at this time include the following:

A confidentiality agreement that keeps both sides from disclosing privileged information that could compromise future business dealings
A personal financial statement from the buyer that shows their ability to make the agreed-upon payments
A financing agreement that details the payment plan for the transaction
Any local or state-required registration, name change, reporting, or licensing documents

With the right type of legal advice and a methodical, step-by-step approach to the sale of your business, you can enjoy a smooth (and hopefully profitable) process.

What Is a Medical Power of Attorney, and When Do I Need One?

Fri, 09 Dec 2022 14:05:41 GMT

What Is a Medical Power of Attorney, and When Do I Need One?

A medical power of attorney (medical POA) is a document naming someone to make medical decisions on your behalf. It goes into effect when you are incapacitated or otherwise unable to make rational choices.

A medical POA can be important for end-of-life care, but you can create one at any age to ensure your wishes are followed if you experience an unexpected illness or have an accident.

Who Can Create a Medical Power of Attorney Document?

People often think about medical power of attorney, living wills, and other documents as they approach retirement age. However, any adult can create a POA. You need to be a competent adult to draft a power of attorney. In most states, this means you need to be at least 18 years old.

The person who creates a POA document is the principal. The person named in the document who will make decisions is known as the agent, agent for the principal, or attorney-in-fact.

Who Can You Name in Your Medical POA?

Despite names like attorney-in-fact, the person you name as an agent in your medical POA does not have to be a lawyer. In fact, in most states, the person named in your power of attorney document cannot serve as your legal counsel. The only requirement is that they be an adult (18 years or older) and of sound mind when they enter into the agreement to serve as your agent.

Most people name a family member as their medical POA. This person could be an adult child, a parent, a trusted sibling, or another relative. You can also name someone else if you feel that a family member would not be able to make objective decisions or would not follow your wishes.

You should make sure your agent has the qualities necessary to handle the job:

Availability. First of all, you should choose someone who is able to be there when needed. Someone may have family or professional commitments that could make it difficult for them to come to a hospital or respond to requests for decisions from physicians.
Emotional stability. Your agent should be able to make difficult decisions and follow your wishes. If they are grief-stricken by the situation, they might be unwilling to make the necessary choices or think clearly about following your desires.
Care. The agent should care enough about you and your wishes to make the necessary decisions with proper thought and attentiveness. This is why many people choose family members.

You need to ask the person to be your agent and ensure they understand the nature of the responsibilities before you name them in your medical POA.

When Do You Need a Medical POA?

A medical power of attorney is often associated with decisions made after a catastrophic accident or a life-changing health event, such as a heart attack or stroke. Yes, a medical POA goes into effect if you have a stroke or heart attack and are unable to communicate. It could also come into force if you are in a coma, sedated, or intubated.

A medical POA can also cover conditions like Alzheimer's disease or dementia. The principal could still be fully conscious of these diseases, but they cannot make rational, informed decisions.

Finally, your agent could be called upon to make decisions when you are under anesthesia during surgery. It can be a good idea to create a medical POA before surgery, even if you are undergoing a routine procedure.

What Decisions Does a Medical POA Attorney-in-Fact Make?

Your chosen agent may have questions about the type of decisions they could have to make:

Type of care. Doctors may ask your agent to make decisions about surgeries, treatments, medications, and home health services.
Living situation. An agent could have to decide about putting the principal in a nursing home, assisted-living facility, or memory care unit.
Location. The attorney-in-fact in a medical POA could need to decide which physicians you see and where you receive treatment.
End-of-life care. An agent could decide on the measures doctors take to keep you alive if you lack a living will.

You can also use a living will for end-of-life wishes. A living will outlines your choices in relation to the measures physicians can take to keep you alive. For example, you can use a living will to state that you do not want to be resuscitated if there is no chance of recovery.

How to Create a Medical POA in Warwick, Rhode Island.

The steps you need to create a medical power of attorney document depend on where you live. States can have different rules, but all follow a similar process:

Choose an agent. Once you have selected someone who you think has the necessary qualities, you need to ask them if they are willing to handle the responsibility. If they agree, you can decide which types of healthcare decisions they will have to make. If you have a living will, they will not have to handle end-of-life-care choices.
Create the document. Most states have online medical POA forms that you can fill out. You can also get this blank document from an attorney's office. Even if not required by state law, such forms are helpful because they ensure you mention all the information necessary to make the document legally binding.
Notarize the document. Most states require that you sign the document in the presence of a notary public. Others may require one or two witnesses, which will sign the document after you create it and add your own signature. Most states also require the agent to sign the document.
Secure copies. Your agent will need a copy of the POA document, and you can make additional copies for family members and your attorney. You should keep a copy of the original with other estate planning documents, such as your will.

You should always keep your medical POA up to date. If your agent moves, your relationship changes, or they themselves become incapacitated, you will need to choose a new agent and create a medical POA for them.

Contact our law offices if you need assistance creating a power of attorney document for medical decisions in Warwick, Rhode Island.

Economic vs. Non-Economic Damages in a Personal Injury Case

Wed, 30 Nov 2022 19:04:33 GMT

Economic vs. Non-Economic Damages in a Personal Injury Case

When you have been injured as a result of someone else's fault or negligence, you are entitled to sue this person for a monetary award called "damages." Damages are further broken down into economic and non-economic damages. In this article, we will look at the difference between economic and non-economic damages and provide examples in the context of personal injury law.

What Are Economic Damages?

Prior to the personal injury you suffered because of the defendant's actions, you were in a particular position in your life and career. You earned a level of income, presumably on a positive trajectory. However, the injury may have seriously impacted your ability to work and advance in your chosen profession. You may have had to give up business opportunities you would have taken advantage of before you were injured. On top of that, you may have had substantial medical expenses because you needed treatments or physical rehabilitation. If there was also damage to your property — personal property or vehicle, for example — you may have incurred expenses to repair or replace it.

Damages are intended to "restore" you to the position (or as close to it as possible) you were in — or w ould have been in — before the incident that caused your injuries. Economic damages are pretty easy to quantify — and justify — through receipts and other documents. In some cases where the necessity of a procedure or expense is disputed, you may seek evidence to support your arguments.

How Do You Calculate Medical Expenses?

Medical expenses include:

medical appointments and follow-up visits
prescriptions
lab tests, such as blood, X-rays, MRIs
physical therapy/rehabilitation
surgical procedures
assistive devices, such as wheelchairs, prosthetics
home health care, such as assisted living
counseling and therapy

It is pretty straightforward to calculate expenses you have already incurred or are presently incurring. However, when it comes to future medical costs and needs, you may need an expert to advise the court on what is necessary and reasonable expenses. The expert will apply estimated inflation rates in the medical field, the quality of the medical care available to you, your age, life expectancy, and how healthy you were before the injuries.

To claim a medical expense, you not only have to prove how much it costs or will likely cost, but that you would not be incurring it but for your injuries. For example, if you require someone to come to your home and help cook and clean as a result of your injuries, you are entitled to reimbursement. However, if you had always had a housekeeper before you were injured, it would be inappropriate to claim this expense as part of your personal injury case.

How Do You Calculate Income Loss?

In most personal injury cases, you will be seeing three kinds of lost income:

lost wages in the past
lost wages in the future
loss of earning capacity

Again, past lost wages are pretty easy to calculate. The math can be simple if you have set salaries and took a particular time off. If you are self-employed and your income varies or is seasonal, it's a little more complicated to formulate. Nevertheless, you can usually come to a reasonable estimate based on the numbers.

When it comes to calculating future lost income and loss of earning capacity, there are variables such as how much of a raise you would have gotten and when you would have gotten raises. You must also factor in your age when you would likely have retired, the state of the industry or profession you're in (for example, if it's declining or being obsolete, or expected to boom), how successful your business model is, as well as promotional possibilities.

What Are Non-Economic Damages?

Not all loss is directly quantifiable. Unlike economic damages, the jury subjectively assesses non-economic damages because they relate to non-monetary losses. These are things like:

pain and suffering
emotional distress
worsening of prior injuries
loss of society/companionship
lost of enjoyment of activities/life
humiliation
damage to reputation
inconvenience
loss of consortium (for spouses)

These represent the detrimental impact your injuries have had on your everyday life. If you were physically active before your injuries but are now unable to do the activities you love — or severely limited in your ability to do them — your lifestyle has been compromised. You may be withdrawing socially either because you were part of activity groups or because you are suffering from pain or anxiety. If your spouse had been the primary breadwinner and you have children together, their wrongful death affects the family economically and emotionally.

Because there are no specific, provable losses with non-economic damages — like invoices or bank statements — it can be challenging for a jury to assign value to this type of compensation. This is why non-economic awards can seem inconsistent and "all over the map" — and why many states have different rules and caps when it comes to determining the monetary amount.

Calculating Non-Economic Damages

When deciding how much your non-economic damages are worth for these intangible injuries, the jury will be considering factors like:

how severe they are
how long they will last
how many areas of life they will impact
how they affect your quality of life in totality

Sometimes the non-economic damages end up being the total economic damages multiplied by a number in the range of 1.5 to 3, 3 representing the most severe injuries. In other cases, a number is devised that defines what a day without those injuries would be worth to you, then multiplied by the length of time the injuries are likely to last. Alternatively, you may be asked what your life was like before and after the accident or event and to describe the range of your past abilities and current inabilities in percentages.

How Can a Lawyer Help Determine Your Economic and Non-Economic Damages?

A personal injury lawyer will be familiar with rules and patterns the courts in your jurisdictions use to determine the amount of a damage award. They will also know the best way to calculate and maximize damages and what you need to do to prove or justify the amount you seek. They will also represent you in negotiations and court dealings, ensuring that you don't say or do anything that may diminish the damages to which you are entitled. That is why you should seek the advice of a personal injury lawyer before trying to figure out how much you can expect to get for your injuries.

Paperwork and real estate: 3 important documents

Tue, 22 Nov 2022 16:06:46 GMT

Paperwork and Real Estate: The 3 Most Important Documents

A real estate transaction involves well-defined steps, and each part of the process is accompanied by specific documents. Both buyers and sellers may find the amount of paperwork overwhelming. However, it is necessary to put everything in writing and provide supporting documentation to ensure every phase goes smoothly.

Many people are involved in real estate transactions. In addition to agents and brokers, inspectors and appraisers, mortgage lenders, title companies, and lawyers are involved in the process. These professionals will either supply or request different types of paperwork. However, the most important documents in real estate are offers, agreements, and contracts between the buyer and seller.

Here is a look at the three most important documents you will encounter when buying or selling a property in Warwick, Rhode Island

The Initial Offer

When you are interested in purchasing a property, your first interaction with the buyer is the initial offer (or offer letter). This paper will include the amount you are willing to pay for the property, but it will also have other important information.

If you are a buyer working with a real estate agent, they will handle most of the paperwork, but you will have to approve the details and sign the document. Here is a look at the information in an initial offer.

You should include the seller's name and the legal address of the property.
You will also need to include your legal name and the names of anyone else purchasing the property should the sale go through. This could be a spouse, partner, or other investors.
You also need to mention the purchase price and information about the down payment amount.
Are there any actions you need the seller to take before the sale? For example, you could list repairs or maintenance you expect.
The document will also list the date you would like to close on the property.
You will also mention a preferred timeline for a response to your offer.

State laws differ, so there may be other requirements. A lawyer or real estate agent in Warwick, Rhode Island can ensure you include these details in your initial offer.

Typically, you make the initial offer after being pre-approved for a mortgage. Most sellers require that you have funding in place before they accept the offer, though some may accept a contingency that requires mortgage approval before the sale goes through.

The seller can accept or decline the offer, or they can draft a counteroffer. The document can include a different price for the property and changes to other details, such as the closing date or contingencies.

The buyer and seller can choose to continue counteroffers until they reach an agreement on all the details.

Purchase Agreement

Once both parties accept an offer, it is time to draft a purchase agreement. This document is essential because it spells out all the details of the property and other important information about the sale.

The purchase agreement is a legal document that becomes enforceable once it is signed by both buyer and seller. Therefore, it is essential to make certain all the details are correct. You can enlist the help of a lawyer to ensure the document includes everything necessary to protect your rights during the sale.

Here is the information you can expect in a purchase agreement.

The agreement must have a detailed description of the property, including location, dimensions, and condition.
You should also include a date for the closing and all fees associated with the closing.
You will also mention the selling price and information about a down payment.
The purchase agreement should also provide a detailed description of any contingencies that both buyer and seller agreed to during negotiations. Common contingencies include having the home pass a final inspection or appraisal, the buyer getting final approval for a mortgage, or specific repairs getting completed.
The seller needs to make disclosures on the purchase agreement. These are any known problems on the property. These issues could include past flooding or storm damage, septic tanks or wells on the property, or other issues like mold, radon gas, or lead paint.

Once the buyer and seller sign the document, it is legal and enforceable, and the sale is set to go ahead as long as contingencies are met.

The Deed

All other real estate documents lead up to the transfer of the deed. The party holding the deed is the legal owner of the property. The deed includes the name of the buyer and seller and a detailed description of the property.

Most importantly, the deed must contain proper legal language that conveys the transfer of property. A lawyer or title company typically handles this aspect of the deed to ensure it is legal.

Finally, the seller (known as the grantor in legal terms) must sign the document and deliver it to the buyer. However, if a property has more than one owner, the other owners must sign, too.

Technically, the transfer of property isn't officially complete until the buyer (known as the grantee in legal terms) accepts it. In most cases, this is merely a formality, but there could be some instances where the buyer rejects the deed.

Do You Need a Real Estate Lawyer?

A real estate lawyer in Warwick, Rhode Island can help you with the legal details of buying or selling a home. This is the largest purchase and most important investment most people will ever make, so it is essential to get all the details right to avoid any issues later. Contact our legal firm if you need help buying or selling your property.

Understanding Probate Litigation

Fri, 18 Nov 2022 21:25:26 GMT

Understanding Probate Litigation

The period following the death of a loved one can be traumatic and mournful. This is partly why a will is so important — to provide a clear and unambiguous set of guidelines to follow in the administration of the deceased’s estate. This way, the legal side of things is taken care of, and friends and family members can focus on the process of grieving and commemoration.

Unfortunately, it does not always work like this. Disputes can begin, disagreements can happen, terms can be contested, and all manner of other obstacles can get in the way. In order to resolve these difficulties and get the process completed as efficiently and effectively as possible, legal intervention may be required. This is where probate litigation is so important.

What Is Probate Litigation?

To understand probate litigation, you first need to know what probate means. Probate is a legal process that awards named individuals the right to execute the will of a deceased person and administer their estate.

Following the death of an individual, their death certificate is issued, and the process of administering their estate begins. This is generally dictated by the will of the deceased — a legal document that outlines the deceased’s final wishes and provides instructions for what should happen to their assets and estate after they are gone. The will must be submitted to the probate court, where its validity is assessed by court officials. In most cases, the document will be deemed valid, all named parties will agree with the items described in the document, and the deceased’s estate will be administered accordingly.

However, this is not always the case. Sometimes disputes, contests, or other issues arise in connection to the will, and litigative processes are required. This is what probate litigation refers to.

When Is Probate Litigation Used?

While it is true that probate litigation is simply any litigation relating to wills or the probate court, this is only a basic description. In practice, there are many different aspects to probate litigation and many different examples of how the process can be applied.

Read on for a few examples of how probate litigation is used and learn more about what these processes mean for the parties involved.

Disputing or Contesting a Will

Interested parties — i.e., any beneficiaries listed in the will or in any previous drafts of the will or anyone with a right to be included in the will — may decide to dispute or contest the document.

There are many potential grounds for contesting a will. For example, if the will is incomplete or was written under duress, this should not be considered legally valid and may be disputed. All such disputes will be handled via a process of probate litigation

Selecting a Will Administrator or Executor

The will needs to be administrated by a legally named individual. This person will take on the responsibility of executing the terms of the will and representing the wishes and intentions of the deceased after their death.

Often, this selection will be simple and straightforward, as the administrator may be named in the will itself and so can simply be appointed by the probate court. However, if there are any disagreements as to who the administrator should be or if there are other obstacles, probate litigation may be required to put this right.

Resolving Issues Regarding Fees

There are certain fees and charges involved in the administration and execution of a will, and this can lead to disputes. If one party feels that fees have been charged incorrectly and that a refund is required, this may need to be resolved with probate litigation. The administrator of the will must also be fully transparent and honest about the charges borne during the process.

Implementing Administrative Accountability

The administration of a will can be carried out in different ways. This is why it is important to select an administrator who is up to the task and who will execute the last will and testament of the deceased with the proper responsibility and care.

However, there are rules and regulations in place that govern will administration. Administrators must adhere to these requirements; otherwise, they may find that they are unable to continue with the role. If any interested party believes that the administrator is not carrying out their duties properly, or if they believe that information is being withheld from them, this may require probate litigation.

Handling Claims from Spouses of Interested Parties

Above, we’ve already discussed what it means to be an interested party, i.e., a party with a legally justifiable interest in the will and the deceased’s estate. However, you need to bear in mind that other legal obligations still stand, such as financial obligations between spouses and civil partners.

These spouses and civil partners may have a claim to money from the deceased’s estate, even if they are not named in the will. If a legally recognized partner believes they are not receiving funds or assets that they are entitled to, this may be a matter for the probate court.

Appointing and Administrating Trustees

A trustee may be selected to administer and implement the deceased’s will. If this is the case, interested parties reserve the right to dispute the appointment of trustees on a number of different grounds — such as if they believe that the trustee is not fulfilling their duties in the proper way or that they are acting illegally.

Trustees can be removed from the trust documents, although this requires a process of probate litigation before it can be completed. Following the removal of a trustee, a replacement trustee can be appointed via another probate court process.

Discover More About Your Legal Rights During Probate Litigation

Probate litigation is sometimes necessary to ensure that the estate and assets of a deceased individual are managed and distributed correctly. However, the process may be confusing and even a little intimidating.

Our team can help you navigate this process and understand more about your rights during processes of probate litigation. Reach out today to learn more, and tell us about your case.

Who is Liable In A Dog Attack

Tue, 15 Nov 2022 20:00:15 GMT

Who Is Liable in a Dog Attack?

Most dogs are friendly, and most dog owners are responsible, but dog attacks do happen from time to time. If you've been the victim of an attack, or your own dog has been involved in an incident, there are numerous issues surrounding liability and negligence. The owner or controller of the dog can be held liable in the event of personal injury or property loss. Various laws are relevant depending on the circumstances and jurisdiction of the attack.

Based on data from the Centers for Disease Control and Prevention (CDC), over 4.5 million people are bitten by dogs annually. This results in 800,000 injuries that require medical attention and accounts for roughly one-third of all homeowners insurance liability claims. In the majority of these situations, the person who owns the dog is held responsible. However, a third party can also be liable.

If you need legal assistance in Warwick, or elsewhere in Rhode Island for a dog attack, please contact our legal team today.

Liability for dog owners

In most cases, dog owners are liable for any injuries their pets cause. This includes situations where the owner knew the dog had a tendency to cause that kind of injury, or where the injury was caused by unreasonable carelessness on part of the owner. In these cases, the victim needs to prove negligence.

It also includes situations where the owner is held liable automatically, whether or not they knew the dog had a tendency to cause that kind of injury. In these cases, the victim of a dog attack does not need to prove negligence to receive compensation. Two major factors decide whether or not the victim needs to prove negligence: the details of the dog attack and the jurisdiction where it occurred. Along with these details, certain factors can remove or alter liability for the dog owner.

For example, if the victim provoked the animal or was trespassing on the property, the owner may not be automatically held liable. However, the dog owner may still be responsible for paying medical bills, lost wages, property damage, and pain and suffering. Other factors can also influence liability, including dogs handled in a professional capacity as part of law enforcement or military programs.

There are three types of laws that impose liability on dog owners:

Dog-bite statute - Under this statute, the dog owner is held liable for any injury or property damage caused by the dog. This statute is upheld automatically, and it's not based on provocation. Violation of this statute results in strict liability rather than negligence.
One-bite rule - In some jurisdictions, liability is based on history and knowledge of previous vicious incidents. However, some states have moved away from the one-bite rule, with owners held responsible for any injury regardless of history.
Negligence laws - Situations that involve potential negligence can be complex, with legal support often required. The dog owner or person caring for the dog is liable when the injury occurred due to unreasonable care in the context of controlling the dog.

Liability for third parties

In most cases, regardless of where the attack occurred, the dog owner is legally responsible for all bites and injuries caused by their animal. However, someone else can be held liable together with the dog owner in the following situations:

A third party who had care or control over the dog, including dog sitters and dog walkers
A dog owner who is less than 18 years of age
A property owner (dog owner's landlord) who knew the dog was dangerous but didn't act

Liability for third parties is related to common law and strict liability rules. Under common law, liability is based on negligence, either from the dog owner or a third party who is caring for the dog. This also applies to strict liability cases, where dog-bite statutes define an "owner" as someone who's keeping a dog. This includes the person who owns the dog or anyone else who harbors the animal.

If you need legal assistance in Warwick, or elsewhere in Rhode Island, we are here to help. Please reach out to us if you were the victim of a dog attack.

What are Deed Restrictions and When are They Enforceable?

Thu, 10 Nov 2022 15:27:47 GMT

What You Need to Know About Deed Restrictions

Purchasing a home is a big decision — having all the information about the sale can make or break your experience. One potential problem that property buyers may run into is the possibility of a deed restriction, especially if the property is located within a homeowner’s association.

To learn more about deed restrictions and whether they can be bypassed, read below or reach our office today to speak to an experienced real estate attorney in Warwick, Rhode Island.

Deed restrictions

Also known as covenants and restrictions, deed restrictions are agreements regarding property usage that are made between landowners. Under deed restrictions, property may only be used for specified purposes, and certain uses or behaviors may be prohibited. Essentially, these restrictions are a condition of sale that limit how you can use your property.

HOAs and other communities may utilize deed restrictions to keep property values high or to control the development of properties in a particular area. However, any seller may place a deed restriction on their property.

Common deed restrictions

What do deed restrictions look like? They can take a variety of forms, some of the most common being:

Animal restrictions: These restrictions limit or prohibit certain types or breeds of animals. For example, many residential properties restrict the ownership of livestock animals.
Vehicle restrictions: Vehicle restrictions may ban certain vehicles such as boats, trailers, work trucks, or even unlicensed or inoperable cars from being parked in driveways or on the street.
Use restrictions: Home business restrictions are one of the more common deed restrictions and may prohibit you from operating your small business from your home, placing business signs in your yard, or even renting out your home on Airbnb or other similar platforms.
Personal property restrictions: Some deed restrictions limit the items that you can have on your property. Items such as hot tubs, pools, sports equipment, and other things may be prohibited.
Renovation or building restrictions: Fences, sheds, and other structures may be restricted to keep properties looking uniform or to ensure your neighbors enjoy an unrestricted view from their property. Additionally, some deed restrictions even go so far as to outline an acceptable appearance for the property. Under these restrictions, you may not be able to renovate the exterior of your home, choose a new façade color, or build with certain materials.

How deed restrictions are enforced

Deed restrictions are made between a buyer and seller and thus are contractual. They cannot be forced unknowingly upon a buyer; buyers must have notice of the conditions before they purchase a property. Deed restrictions will always show up when doing a title search, but buyers may also wish to talk to a realtor, real estate attorney, or someone from the HOA or local government office.

Most of the time, the entity that creates the restriction is also the one that enforces it. Assignees, grantors, and their successors are all able to enforce a deed restriction unless it has previously been revoked. What’s more, deed restrictions are often passed on with the property. This means that they will apply to current and future buyers and may continue to be enforced by subsequent owners.

Generally, the law doesn’t favor imposing restrictions on the free use of your property. Arbitrary or unreasonable deed restrictions are not considered acceptable and therefore may not be enforceable. However, the law will side with covenants and restrictions that:

Are in line with public policy
Do not violate constitutional or statutory provisions
Are within reasonable bounds
Have been clearly stated

Some restrictions and covenants remain in effect indefinitely, while others may expire after a specified period. In most cases, deed restrictions are permanent and non-negotiable.

What a deed restriction might mean for you

If deed restrictions are clearly outlined and won’t affect your lifestyle, they may not mean much.

However, if you purchase a deed-restricted property without a full understanding of what the covenants and restrictions are, you may find yourself in a difficult position. Perhaps you’ve purchased a home only to discover you’re not allowed to park your new RV near it. Or perhaps you’ve been visited by an HOA representative who’s there to let you know that the new fence you’ve just paid for is against the rules.

Changing a deed restriction is difficult and often requires the property purchaser to go through a formal process with the restricting entity — oftentimes an HOA, home builder, or government body. It is far simpler to understand what deed restrictions are connected with your property before you complete the purchase.

Where to learn more about your property’s deed restrictions

If you’re worried about purchasing a deed-restricted property, rest assured that there are several sources you can turn to for help uncovering potential deed restrictions. Before you apply for a mortgage or make a purchase, you may wish to speak to:

Your realtor. Your real estate agent can access relevant property records and previous listings to uncover any deed restrictions.
The home builder. The developer or builder may be able to locate a list of deed restrictions attached to the property.
The local governing body. Your county or municipal clerk can check historical property records for information regarding restrictions.
A real estate attorney. If you have any questions or concerns regarding a deed-restricted property, an attorney can often help by researching, reviewing, or even contesting certain restrictions.

Are you in the process of purchasing your first home? Avoid the consequences of unrecognized covenants and restrictions by engaging the right team before you make your offer. Reach out to Tomassi Law in Warwick, Rhode Island for help discovering more about your property and outlining your options so that you can decide whether to move ahead with your purchase.

What’s the Difference between Revocable and Irrevocable Trusts?

fpatino@convertitmarketing.com (Federico Patiño) — Fri, 04 Nov 2022 14:13:22 GMT

What’s the Difference Between Revocable and Irrevocable Trusts?

A trust is a type of account for your assets. Most commonly employed as an estate planning tool, it is governed by specific rules and agreements. A third party, called the trustee, oversees the account and manages or distributes the assets according to the rules you establish for the trust.

Typically, you place assets in a trust to distribute them to your beneficiaries. For example, you can create a trust for your heirs if they are still minors, with directions to distribute the assets to them when they reach adulthood.

Technically, you transfer ownership of the assets to the trust. However, you can retain some control over the account depending on the type of trust you choose.

These accounts fall into two categories: revocable and irrevocable trusts. Both types hold assets, and a trustee manages them. However, one vital difference exists: you can easily change one variety, while the other has fixed terms you cannot alter without court approval.

Here is a closer look at how to use revocable and irrevocable trusts in Warwick, Rhode Island.

Why Should You Use Trusts?

Trusts are an estate planning tool. Why would you use them instead of simply writing a will?

With a trust, you can give the assets directly to the heir, meaning you avoid confusion when reading the will, and they are not subject to the probate process.

Unlike a will, a trust goes into effect as soon as it gets created. This feature could be useful if you become incapacitated but are still alive or cannot make decisions for yourself because of a medical condition, such as Alzheimer's.

Also, because trusts go directly to your heirs, they can be effective in avoiding estate taxes.

Finally, the assets in your estate are subject to taxes, and any outstanding taxes or debts get removed before the distribution of the remaining wealth. Furthermore, creditors cannot collect from assets contained in a trust. However, this protection is only available for irrevocable trusts.

What Are Revocable Trusts?

Revocable trusts are accounts for your wealth. A trustee manages the assets, and the benefactor establishes rules to govern the trust. If you are the benefactor, you can change this trust or cancel it at any time. In addition to altering the rules of the trust, you can add or withdraw assets, add or remove beneficiaries, or remove all the assets and close the trust.

These actions have only one requirement: you must be competent when making changes to the revocable trust. Typically, competence means having a rational and factual understanding of what you are doing.

Revocable trusts offer the flexibility to make changes during your lifetime. However, they become irrevocable when you pass away. After your death, the trust cannot change.

There is one significant disadvantage to revocable trusts: creditors can pursue the funds and assets in this type of account to cover outstanding debts you had at the time of death. If you want debt protection, you need to establish an irrevocable trust.

What Are Irrevocable Trusts?

Irrevocable trusts have the same features as revocable trusts. When you establish an account and deposit your assets, you transfer ownership to the trust. A trustee manages the assets according to your rules, and the beneficiaries access or receive the assets according to the rules you establish governing the trust.

The more important feature of irrevocable trusts is that they are extremely difficult to change once established. You can alter these trusts, but any changes require the approval of all named beneficiaries and the trustee. You can also go to court and try to get a judge to approve the changes. This typically requires presenting a legal argument about why the changes are necessary.

Irrevocable trusts have one significant advantage. Creditors cannot pursue the assets in these accounts as payment for outstanding debts, meaning all the wealth contained in these trusts goes to the beneficiaries.

The lack of flexibility is a drawback, so you must be certain about your beneficiaries and allocation of assets when establishing this type of trust.

Which Type of Trust Is Best for Estate Planning in Warwick, Rhode Island?

An estate planning attorney can review your needs and help you decide which type of trust is best for your situation.

If you want to retain control over your assets and estate, a revocable trust is a better option.

If you plan to accumulate more assets for your estate, you can select a revocable trust.
If you expect your family to grow with more children, grandchildren, or other dependents, a revocable trust makes adding more beneficiaries simple.
If you do not have excessive debts, you may not need the protection of an irrevocable trust.
If you do not have a high-value estate, you will not need the tax protections of an irrevocable trust. Currently, federal taxes only cover estates worth more than $12.9 million . If your estate is worth less than this threshold, you can enjoy the flexibility of a revocable trust without needing tax protections.

If you need specific protections against estate taxes or debt collectors, then an irrevocable trust is a better choice. In some cases, an irrevocable trust can reduce the value of your estate so that it falls below the federal threshold.

Irrevocable trusts are also a good option if you do not want the trust changed for any reason. You could have personal reasons for creating this type of trust.

Do You Need an Attorney to Establish a Trust in Warwick, Rhode Island?

An estate planning attorney can help you select the correct trust for your needs and financial goals. They can also help you create the rules governing the disbursement of assets in the trust. For example, you may want to add requirements related to the age, education, or marital status of the beneficiaries. An attorney can help you choose the language to ensure these desires are met before the beneficiary can access the assets.

Contact our estate planning lawyers today if you need assistance establishing a trust.

Understanding Premises Liability Claims

Wed, 02 Nov 2022 14:00:04 GMT

Understanding Premises Liability Claims

Premises liability is a legal concept that comes into play when someone has an accident due to unsafe property conditions. Premises liability cases are personal injury cases, which are based on negligence and duty of care. As such, the victim must prove the property owner was negligent regarding property ownership or maintenance. In addition, the victim must prove the property owner owed them a duty of care.

While premises liability laws are slightly different across the United States, this concept is relevant to all types of property in all jurisdictions. Whenever you visit a property, the owner or occupier must make a reasonable effort to maintain a safe environment. If you’ve suffered an injury and think the property owner is at fault, you can file a premises liability claim and possibly receive compensation.

If you need legal assistance in Warwick, or elsewhere in Rhode Island for a premises liability case, don’t hesitate to contact our legal team today.

What is premises liability?

Premises liability is the liability that the owner or occupier of a property bears for a third-party injury due to unsafe property conditions. Premises liability injuries and claims are common; however, the property owner does not bear unlimited liability. They are liable only for preventable accidents, and there are practical limits on the amount of compensation granted. While most businesses carry substantial insurance and most homes are covered by homeowner’s insurance, the details of this insurance can vary significantly between parties.

Common types of premises liability cases

Premises liability covers a broad array of potential events that may result in personal injury. The most common cases include slip and fall accidents, dog bites by unrestrained dogs, and criminal activity due to inadequate security. These are far from the only premises liability claims, however, with the following list comprehensive without being exhaustive:

Inadequate property maintenance
Defective property conditions
Inadequate or negligent security
Slip and fall accidents
Injuries from animal bites
Snow and ice accidents
Elevator and escalator accidents
Swimming pool accidents
Accidents due to water leaks or flooding
Injuries from chemicals or toxic fumes

The four elements of premises liability

In the United States, premises liability claims are analyzed based on four distinct elements. It’s not enough that an accident and injury occurred; it’s also necessary to prove negligence and meet duty of care conditions based on the visitor’s status. The following four elements are critical:

The defendant was the property owner or occupier at the time of the injury.
The defendant was negligent in the care and maintenance of the property.
The victim suffered a tangible injury, which may have also caused intangible injuries.
The defendant’s negligence caused the victim’s injury.

Determining proof in a premises liability case

Before you can receive compensation in a premises liability case, it’s important to determine proof based on the four elements listed above. The following three legal concepts are central to this proof in every premises liability case:

Owners vs. occupiers

The defendant in a premises liability case can be a property owner or occupier. For the sake of simplicity, the term “owner” is often used to describe financial owners and property tenants. A business owner who leases a property can still bear full or partial premises liability. While a landlord is not typically held responsible for injuries to a tenant’s guest, there are exceptions due to latent defects and negligent repairs, among other situations.

Negligence

To determine proof in a personal injury claim, you must prove the property owner was negligent. From a legal perspective, negligence is basically the definition of carelessness. To be held liable, the property owner must have been negligent with respect to ownership or property maintenance. If the injured party is deemed partly at fault, comparative fault clauses may come into play. If the defendant broke a safety law or regulation, the victim might be able to establish negligence without proving an individual violation.

Duty of care

To determine proof in a personal injury claim, the victim must prove the property owner owed them a duty of care. The circumstances surrounding this duty of care often dictate the likelihood and amount of the premises liability settlement. In some states, the property owner must exercise reasonable care for all persons who might enter the property. In other states, the landowner’s duties depend on the status of the visitor.

In these states, visitors are divided into the following three categories:

Invitees have express or implied permission to enter the property, including friends, family, neighbors, and customers.
Licensees have express or implied permission to enter the property for their own purposes, including city workers and salespeople.
Trespassers are not authorized to be on the property. In this case, the property owner may not have duty of care obligations.

To win a premises liability claim, you must first prove that you suffered an injury. Depending on the details of the case, you can use medical records, expert testimony, or photographs, among other things. You must also prove causation, with the property owner or occupier needing to be negligent and obliged to have a duty of care. If these factors align, you can claim damages for medical expenses, lost earnings, and pain and suffering, among other losses.

If you’ve suffered an injury in Warwick, or elsewhere in Rhode Island, please contact our legal team today for advice.

What should I know about when a power of attorney goes into effect?

Fri, 28 Oct 2022 15:14:14 GMT

What should I know about when a power of attorney goes into effect?

Power of attorney (POA) is the authority given to one or more persons, called agents, to act on behalf of another person, known as the principal.

POA transfers decision-making to the agents for different reasons. It could cover instances when the principal is traveling or ill or if they are temporarily or permanently incapacitated.

Agents can be attorneys, family members, partners, financial managers, or anyone else named in the power of attorney contract. The POA agreement can also specify the level of decision-making powers and the areas that the agent gets to control.

Most POAs cover healthcare decisions or financial matters. Here is what happens once a power of attorney contract goes into effect.

When does power of attorney go into effect Warwick, Rhode Island?

Once the parties sign a power of attorney agreement, it goes into effect immediately unless the contract declares a different start date. The powers are limited to the duties stated in the contract. It is also important to explicitly state the duration of the agreement. For example, someone can grant financial power of attorney while they undergo a medical procedure. In this instance, they may only want to power to last until they recover and leave the hospital.

Power of attorney can be an important choice. If you become incapacitated, and you have not named someone as your agent, a court may select someone to make decisions on your behalf. If you want to be sure that you choose an agent who you trust to respect your wishes, it is best to draft a power of attorney contract early and ensure it goes into effect immediately. It will cover you if you get into an accident or have a sudden illness and are unable to make medical or financial decisions for yourself.

You should understand that decisions about POA agents are not final. You can cancel power of attorney at any time and select someone else to represent you.

When and how does power of attorney end?

You can set up power of attorney so that it has an expiration date, or you can name a specific action or set of actions an agent can take that will cause them to lose power.

In most cases, however, you revoke power of attorney by creating another document. If you wish to completely end POA, you can create a revocation of POA document, which ends the agent's powers. You can also create a new POA contract, which nullifies the previous one and grants POA to a different agent.

In some cases, durable power of attorney can last until the principal dies unless it is explicitly revoked. This can occur when you want someone to handle your estate as you grow older.

How to set up power of attorney

The steps for setting up a POA can vary depending on the details of your plans and your location. However, in most cases, you will follow the same general steps:

Choose an agent. You should opt for someone you can trust to be calm, and impartial, and follow your wishes.
Download the POA template or get it from an attorney's office. It can be good to consult an attorney to ensure you have the correct documents because requirements vary by state and type of POA.
Fill out the document, ensuring you explicitly state any details about decision-making powers and duration. Attorneys can be helpful during this step. They can help you use correct terminology that cannot be misinterpreted by agents or a court.
In almost all cases, POA agreements require notarization. That means you need to sign the document in front of a notary before they stamp it.
Some states allow verbal power of attorney. Even if this option exists in your location, a written document is better to avoid confusion and ensure clear directions.
Fill out duplicate copies of the power of attorney document and give one to your attorney, one to the court, and keep one for yourself. Some states require that power of attorney be filed in court before they are made legal.

Healthcare and financial powers of attorney

For individuals, there are typically two areas that could require power of attorney: healthcare and wealth. Here is a look at these two categories.

Healthcare power of attorney

A principal can choose to have a durable power of attorney for someone to make health-related decisions on their behalf. This type of POA agent is also called a health proxy.

The decision-making powers usually start when the principal can no longer make their own medical decisions. In most cases, you cannot give a direct caregiver, such as your physician or nurse, healthcare POA. It must be someone else.

You can replace an agent or draft a new healthcare POA at any time, but it is always good to have one in case of an unexpected accident or illness.

Financial powers of attorney

Someone with financial powers of attorney can make money and estate-related decisions for you. In cases involving incapacitation, an agent can pay your bills and taxes and manage your assets.

You can have multiple financial POAs. This is common if you own a business. In some cases, an agent can simply make day-to-day business decisions for a business owner when they are on vacation or have a short illness.

You can have different powers of attorney for financial and healthcare matters, and these will typically be separate documents.

Do you need a lawyer to grant power of attorney In Warwick, Rhode Island?

It is possible to fill out a POA document and have it notarized. However, you may want to consult an attorney to ensure you use the correct terminology and include details about the type of actions that could nullify the agreement.

If you have questions about power of attorney, contact us today for a consultation.

What can I expect from a title report?

Tue, 25 Oct 2022 10:44:17 GMT

When purchasing property in Warwick, RI , there are a lot of legal requirements and stipulations that must be followed to a T in order for the sale to go through and be recorded properly. One of the most important is the transfer of the title. Before the title can be officially transferred from the old owner to the new, it’s crucial for the buyer to carefully review the title report and make sure there are no problems.

What Is a Title Report?

A title report outlines key legal details and history of a property, including its legal status and any information related to its ownership.

There are several components that must be included in a real estate title report, such as county, zoning, property value, and tax information.

There are several ways a title can be held, such as:

Sole ownership: In these cases, one individual has all of the rights to a property. Sole owners are free to occupy, lease, sell, or bequeath the property as they please.
Tenancy in common: When two or more individuals jointly hold the title, it’s known as a tenancy in common. This typically happens when several investors or partners purchase a business or investment property.
Joint tenancy with rights of survivorship: When two or more people jointly hold the title and one joint tenant dies, their interests in the property automatically transfer to the remaining tenant(s). If there is only one surviving tenant, the title automatically becomes a sole ownership.
Tenancy by the entirety: In tenancy by the entirety, married couples are treated as a single entity so that each person has the right to 100% of the interest in the property.

Why Do You Need a Title Report?

Aside from the very important role of ensuring the person or group selling the property actually has the legal right to do so, the title report will also help you:

Discover vested interests in the property.
Identify details of any liens.
Identify any encroachments, easements, and rights of way.
Learn whether the property title is free from defects that may impact how you use it, which will also affect its value.

What Should Be Included in a Title Report?

Some things to make sure are included in your real estate title report are:

Liens: Information on any outstanding liens on the property. A lien means the property could be used as collateral for the previous owner’s outstanding debt.
Public record errors: Read through the title with a fine-toothed comb to ensure all information is accurate and there were no errors made when filing. These administrative errors, although not your fault, can still affect the deed's validity.
Falsified documentation: Some public records may contain false documents that make it extremely challenging to find the rightful owner of a property.
Falsified identity: Your potential ownership can be at risk if someone is impersonating the property owner to try to make money by selling a property that’s not actually theirs.
Encumbrances: An encumbrance means that a third party has an interest or liability on the property. While this won’t prevent the transfer of ownership, it can diminish the property’s value.
Estate plans: You may discover an unknown heir or will. These types of newly uncovered estate plans can jeopardize your potential ownership of the property.
Property disputes: Public survey plans may show property boundaries that don’t match up with what you were promised, ending up in disputes about property lines and value.
Violated building codes: The title may be impacted by unresolved building code violations.

Preparation of a Title Report

Conducting a title search on your own is not advised. Instead, it’s best to work with someone who is experienced in title searches, like a title officer, title company, or attorney who knows exactly what to look for and how to find the documents.

Information that should be reviewed in the title report includes:

County property deeds
County assessment records
Tax lien records
Court filings
County land records
Mortgages
Divorce cases and settlements
Bankruptcy court records
Street and sewer assessments
Land surveys
Wills

How to Get a Real Estate Title Report

Gather all information about the property with the records you have (even if it’s only the address).
Go to your local courthouse or online court record locator and search through property deeds.
Try to establish a chain of ownership.
Call or visit the county assessor for help locating the title.
If you still can’t find the title, get in touch with a title officer.
Work with the title officer until you have all information and documents you need.

Schedule A Titles

In a Schedule A title, you will find the details about the land and owner, such as:

The full names of the current owners
The commitment date
What policies are to be issued by the lender or homeowner
The type of land interest — for example, fee simple or leasehold
The property’s legal description

Schedule B Titles

A Schedule B title lays out what will and will not be covered by title insurance, such as the requirements and an explanation of the steps to meet the requirements. It also contains exceptions and exclusions.

We Can Help

If you have any concerns with the title report, or you’d like help deciphering it and knowing what to look out for, our team of real estate attorneys can assist you. Reach out to us if you are in the process of buying your first house in Rhode Island or Massachusetts.

Understanding Slip & Fall Claims

Thu, 20 Oct 2022 10:46:19 GMT

When it comes to premises liability law, one of the most common types of cases filed here in Rhode Island are slip and fall claims. Many people are injured yearly in accidents due to slippery or uneven surfaces, and these claims can be complicated to navigate.

If you have been injured in a slip-and-fall accident, it's important to understand your legal rights and options to make the right decision for your case. In this post, you will find some of the most frequently asked questions about slip and fall claims and information about how to proceed if you have been injured.

What are slip and fall claims?

A slip and fall claim is a type of personal injury claim that arises when someone is injured due to a dangerous or slippery surface. These claims can be filed against private property owners and businesses and can be complex to litigate.

A variety of injuries can result from a slip and fall accident, and the severity of the injuries will depend on the circumstances of the fall. Some common injuries include broken bones, concussions, back and neck injuries, and soft tissue damage.

If you have been injured in a slip and fall accident, you may be able to make a claim against the person or business responsible for the property where the accident occurred. In order to succeed in such a claim, you will need to show that the property owner was negligent in their duty to keep the premises safe. Common examples of negligence include failure to clean up spills, repair broken sidewalks, and warn visitors of potential hazards. If you can prove that the property owner was aware of the hazard and failed to take action, you may be able to recover damages for your injuries.

What steps should you take after a slip or fall?

If you have been involved in a slip and fall accident, there are a few important steps that you should take in order to protect your legal rights:

1. Seek medical attention as soon as possible, even if you don't think you're injured

If you've suffered a slip or fall accident, it's important to seek medical attention as soon as possible, even if you don't think you're injured. This is because some injuries, such as internal bleeding or concussion, may not immediately appear. Any delay in seeking treatment could worsen your condition and impact your legal case if you decide to pursue one. In addition, seeking prompt medical care will provide your lawyer with documentation of your injuries that will be essential for proving your case. So if you've been in a slip or fall accident, don't delay getting the medical attention you need.

2. Gather evidence from the scene of the accident

After you have been involved in a slip or fall, gathering evidence from the accident scene is important. This evidence can help to establish what caused the accident and who may be at fault. For example, if you slipped on a wet floor, taking photographs of the wet floor and any warning signs can help show that the property owner was aware of the hazard and did not take steps to mitigate it. Similarly, if you fell down a set of stairs, taking pictures of the stairs can help to show that they were in disrepair and posed a danger to anyone using them. In short, gathering evidence from the scene of an accident is an important step in protecting your legal rights and ensuring that you receive compensation for your injuries.

3. Contact a personal injury lawyer to discuss your case

The likelihood of winning slip and fall claims depends on several factors, including the severity of your injuries and the circumstances of the accident. However, there are some general guidelines that can help you decide whether to seek legal counsel. For example, if the accident occurred on someone else's property, it is possible that the property owner may be liable for your injuries. Similarly, if the accident was caused by a dangerous condition on the property, such as a broken step or a slippery floor, you may have grounds for a personal injury claim. Even if the property owner is not legally responsible for your injuries, they may still be willing to negotiate a financial settlement. Contacting a personal injury lawyer can give you a better understanding of your legal rights and options.

4. File a claim with the negligent party or their insurance company

Finally, if your personal injury lawyer determines you have a case to make a claim against the negligent party, you should file the claim either directly with them or with their insurance company. If you have been injured in a slip or fall that wasn't your fault, you deserve to be compensated for the financial, physical, and emotional toll it has taken on you.

What evidence do you need to support your personal injury claim?

If you've been injured in a slip and fall accident, there are a few key pieces of evidence that can help to support your claim:

Evidence that establishes liability

In order to prove that someone else is liable for your injuries, you will need to gather evidence that establishes who was responsible for the accident. This can include evidence from the scene, witness statements, and relevant legislation.

Medical evidence

Medical evidence is essential for proving the extent of your injuries and the costs of your medical care. This can include doctors' reports, hospital records, and receipts for any out-of-pocket expenses.

Evidence of personal costs incurred

You may be entitled to lost wages if you have missed work due to your injuries. However, you must provide evidence of your lost earnings, such as pay stubs or tax returns. You may also be able to recover other expenses, such as the cost of therapy or home care.

Who can help you with your personal injury claim for a slip and fall accident?

If you've been injured in a slip and fall accident, you may be wondering who can help you with your personal injury claim. The answer is an experienced and qualified personal injury attorney. A personal injury attorney will know how to investigate your accident, gather evidence, and build a strong case on your behalf. They will also be familiar with the ins and outs of the legal system, and they will fight diligently to get you the compensation you deserve. If you're looking for help with a personal injury claim in Rhode Island, get in touch for a free consultation.

Difference Between a Trust and a Will

Tue, 18 Oct 2022 10:57:11 GMT

The Difference Between a Trust and a Will Explained

There is no set time for anyone to develop an estate plan. Many people suggest doing it early in life since you never know what the future will bring. Even if you don't have a family, there may be some possessions that you want to go to certain people. If you have wishes for what happens to your belongings after you die, it's a good time to make out a will, trust, or both.

You can update wills and some types of trusts when your needs or wishes change. While wills and trusts are both documents used in estate planning, there are some differences. You should talk to a lawyer about which one is best for your situation.

When You Need a Will

Most people already know that a will dictates what happens to your assets after you die. It ensures that the wealth you have accumulated during your lifetime goes to the beneficiaries that you want to have it. People use wills to protect their families and control who gets what when they are no longer there to provide for them.

In most states, you can write a will if you are 18 or older and of sound mind. Even if you don’t have a lot of assets this early in life, you need to protect what you do have. A savings account, personal items like heirlooms or a car, and digital property like photos or blogs have some value. You will also want to include online banking and investment accounts.

If you don’t have a will, the state will usually give your assets to your next of kin. Each state follows its definition of intestate succession statute . Someone other than the beneficiary you have in mind could end up being your heirs.

You also need to update your will whenever you experience any life-changing event. For example:

You get married, divorced, or lose a spouse or partner.
You give birth or adopt a child.
Tax or estate laws change.
You experience a significant financial change.
You have a decline in health.
You move to a different state.
You want to change beneficiaries.

You might benefit from making an entirely new will or by adding a codicil. This is a supplemental document that is added to your existing will for small changes. A codicil is simpler but should only be used for minimal changes. Otherwise, it leaves more room for confusion and could lead to disputes.

Almost anyone can benefit from having a will. It gives you control over what happens to your things after you're gone. It isn't just for people with lots of wealth.

When a Trust Is Appropriate

A trust is a legal arrangement where a person is designated to protect your assets and control their use according to your wishes. Where a will takes effect at the time of death, trusts are effective immediately. As the one who creates the trust, you are the grantor or trustor. The person you entrust with your assets is the trustee.

All trusts fall under the broader types of revocable and irrevocable trusts. The type determines whether you retain control of your assets and whether you receive taxable interest from them.

A trust might have a limited term, or it might last for your or someone else’s lifetime. You might retain control of your trust while you are alive with a trustee to step in after you die. You determine the terms for how the trustee will manage your assets, distribute them to your beneficiaries, and dispose of them.

There are different types of trusts , which serve a broad range of purposes. Some of the most common are:

Irrevocable Trust – An irrevocable trust is one that you do not control and cannot change during your lifetime. You give up all control to a trustee. This type of trust can protect your assets from creditors if properly structured. You won’t receive any interest from the trust assets, and they aren’t included in your taxable income.

Revocable Trust – A revocable trust is one you can revoke, or change whenever you want or need to. You control the terms and you can receive any economic returns from it. Assets are included in your taxable estate.

Living Trust – With a living trust, you, as the grantor, transfer property to a trustee but retain the power to change or revoke the trust. At the time of your death, the trust converts to an irrevocable one. The trustee must follow the rules listed in the documents about distributing property and paying taxes.

Living trusts offer multiple benefits. They allow you to plan for your healthcare and end-of-life provisions. The trust protects, eliminates or reduces probate and provides immediate access to assets by your beneficiaries. It also provides more privacy in those states where a will requires the filing of an inventory of assets.

Special Purpose Trust – If your needs don’t fit completely into one of the traditional types of trusts, a special purpose trust can meet your needs. It can include arrangements for special family situations, to support a charity, or for a special purpose.

Bypass Trust – This type of trust helps wealthy married couples minimize their estate tax obligations. A bypass trust is also called an AB trust, or credit shelter trust . The A portion of the trust holds assets for a surviving spouse while the B portion serves as a credit shelter to minimize estate tax.

Life Insurance Trust – The life insurance trust is irrevocable and is created to hold a life insurance policy. Placing the policy in a trust helps reduce the estate tax burden on the beneficiary.

Choosing a Will, Trust, or Both

If you are confused by the rules for using wills and trusts, you aren’t alone. There are minor differences between wills and different types of trusts that make them appropriate for different circumstances. You might even need both a will and a trust(s) to suit your personal situation.

Reach Out for Expert Advice You Can Trust

Don’t try to navigate the legal world of wills and trusts on your own. Planning for your family’s future is an important and sometimes complex matter. Call Tomassi Law, LLC today, and let's get started.

Single Car Accidents Liability

Sun, 09 Oct 2022 11:02:43 GMT

What Drivers Should Know About Single-Car Accident Liability

A single-car accident involves one vehicle. The car could hit a stationary object, such as a tree or a concrete barrier at the side of the road. The driver may also leave the pavement after losing control and end up in a ditch or become stuck. Single-car accidents can also involve rollovers or other loss of control incidents.

Most people assume that because there is only one vehicle involved in this type of incident, the driver is always liable. Though reckless, impaired, or inattentive driving may be to blame, it is not always the case. Other factors could be partially or fully to blame for the mishap.

The question of liability in a single-car accident can be important if there is property damage, for vehicle insurance payouts, or medical costs.

Here is what to consider if you have been involved in a single-vehicle accident.

Why Is Liability Important in a Single-Car Accident?

Insurance laws vary by state. Some states require you to have liability insurance to cover any damage that you cause while driving. In others, you may have to pay for any damage you cause out of pocket if you do not have coverage.

Furthermore, depending on the factors involved in the accident, you may be liable for traffic tickets, fines, or charges for reckless driving or driving under the influence of drugs or alcohol.

If you face such charges after a single-vehicle accident, you need to enlist the help of an attorney. You may also need professional legal help if you are injured, or your vehicle is damaged, and you are seeking to establish liability for insurance purposes.

Even if your insurance covers the damages of a single-car accident, if you are found liable, your premiums could rise. This means you will need to pay more for the same coverage each month.

Factors Affecting Liability in a Single-Car Accident

You shouldn't assume that you are liable for a single-car accident, even if the incident involved you losing control of the vehicle. Here are some examples of factors that can affect liability.

Weather

Snow and ice can cause a loss of control, as can wet roads, fog, and high winds. Even sunlight shining directly in your eyes at a low angle can cause vision problems that could lead to a loss of control of the vehicle.

While it is still up to the driver to observe safe driving practices and lower speed in poor weather, in some cases, the accident is beyond the driver's control.

Animals

You may need to swerve to miss an animal that is crossing the highway, or you might make contact with a large creature, such as a deer, and damage your vehicle. If you can establish that you were driving reasonably for the conditions, such an incident may be unavoidable in the eyes of an insurance company.

Vehicle Defects

A loss of control may be due to a malfunction in vehicle either because of defect from the manufacturer or an improper repair job. These flaws may be more common than you think. For example, a recent airbag recall affecting 42 million vehicles is associated with at least 400 injuries.

Road Flaws

Issues with the road, such as potholes, malfunctioning traffic signals, or improper drainage, can also cause single-car accidents. In some cases, the liability may fall on the agency responsible for caring for the roads. In incidents like this, it is essential to document the damage as soon as it is safely possible to do so. If you hire a lawyer, they can help collect such evidence.

Unmarked Hazards

Items that have fallen off other vehicles could cause a single-car accident. This could include cargo from a truck, parts from an improperly maintained car, rubber from a blown-out tire, and glass or metal from a previous accident.

Snow, ice, or water from other vehicles can also cause vision problems or require you to perform an aggressive maneuver to avoid an accident.

The details of accidents involving these factors are very important. Liability may depend on whether or not you were driving responsibly for the given conditions at the time of the accident.

Steps After a Single-Car Accident

Law enforcement officers and insurers may start off with the assumption that you are at fault in a single-car accident. They will check for reckless driving, drugs or alcohol, and distractions, such as a cell phone.

At the same time, you will want a record of the incident, so you should call the police even if you are not injured. In many states, you are required to notify law enforcement if you have been in an accident, especially if there has been property damage.

A police report will document the conditions, location, and damage. They will also record property damage, which can be important if the property owner seeks compensation.

A good lawyer will help you record all the details of the incident. They will define what you were doing and how you were driving before the accident. They can also get statements from witnesses and collect other evidence, such as pictures of defects in the road.

You should not repair your vehicle until it gets inspected. In addition to looking for potential vehicle defects, an expert can use the damage as evidence of what happened during the accident.

This evidence can help establish liability, protect you from charges of reckless or inattentive driving, and introduce factors that law enforcement and insurance investigators might have missed.

How to Ensure Your Rights After a Single-Car Accident

People in single-car accidents have the same rights as victims of multiple-car incidents. An experienced accident and personal injury lawyer can help you establish the causes and factors involved in your accident. They can advise you about issues related to liability and ensure you get the insurance coverage provided by your policy.

Liability laws, accident reporting requirements, and insurance rules vary from state to state, so getting a lawyer with local knowledge is essential to getting a successful resolution to your case.

What to know when buying a house

Sun, 04 Sep 2022 11:42:43 GMT

Buying real estate is one of the most expensive transactions that most people will be involved in during their lifetimes. It can be a stressful process, especially for first-time homebuyers who have never been through it before and have no idea what to expect. It’s easy to feel overwhelmed by the sheer amount of paperwork involved in buying a property, but it is important to remember that you are entering into a contract. And as with any contract — you need to understand what you are signing and why.

Whether you are buying your first home or making plans for the dream home to go with your early retirement, it is essential to make sure you are organized and up to speed on all the legal ramifications of buying a home. From the legal documents that you may need to whether you need a real estate lawyer, here is what you need to know.

Do I actually need a real estate lawyer?

Not every state requires homebuyers to make use of a real estate attorney. And it may be tempting to save on the potential costs of using a real estate lawyer when you’re exploring your options. The internet can be a great resource full of tips on everything you need to know, but the average person often doesn’t understand all the legal obligations they are entering into, as well as the deadlines that they are required to meet when they sign things like an offer to purchase.

There is no substitute for the knowledge that an experienced real estate lawyer can bring to the table. It is their job to know about any updates to local property laws and by-laws, as well as understand the legalese that real estate contracts and paperwork are filled with. They can explain everything to you in plain English — and make sure that you’re not accidentally signing your soul away! Real estate attorneys charge a flat rate for their services. So you can and should budget for one.

What are all the legal documents I may need when buying a house?

It is not unusual for a property to receive multiple competing offers within days of being listed on the market. So it is helpful to make sure that you understand all the paperwork you may need and to have as much of it ready and waiting to send beforehand.

Documents to prepare before buying a house:

Home purchase checklist or worksheet

A home purchase checklist or worksheet can help you establish whether you are really ready to buy a home. It does this by having you evaluate your personal finances and calculate anticipated mortgage payments to establish your price range for a property.

Home evaluation comparison worksheet

It is not unusual to find yourself interested in more than one property when you are exploring the market. A home evaluation comparison worksheet can help you objectively compare the different properties you are considering and ensure you’re making the right choice.

Mortgage pre-approval letter

Many real estate agents and private home sellers will require a mortgage pre-approval letter before scheduling a viewing. This is both to deter people who are nothing more than casual browsers, as well as ensure that you are a serious buyer who would be able to meet the seller's asking price.

Real estate agent contract

If you intend to have a real estate agent represent you during the purchase of a property, it is important that you have the contract signed beforehand.

Documents that may be required when making an offer on a home:

Earnest Money Agreement

An Earnest Money Agreement is where a potential buyer assures the seller that they intend to purchase their property in good faith. Many sellers will require a deposit during the negotiation phase, and while this document isn’t required, it can strengthen your offer.

Offer to Purchase

Although it may be shorter and seem less complex than a Purchase and Sale Agreement, an Offer to Purchase is a legally binding contract. It contains details such as the price that you as the buyer are willing to pay for the house, the date that the sale will close, and various other important terms that may be involved in the transaction. Nearly all home sales will use a state-approved form for Offers — but it is still important to have an attorney review it. This is because they will often have one or more attachments known as addendums, which add more terms to the standard Offer.

This is one of the most important documents in the home buying process. This is because an Offer to Purchase becomes a Real Estate Purchase Agreement as soon as the Seller signs it, and there are often penalties if you renege on the contract. These include things like forfeiting your good faith deposit — so ensure you are really ready to complete the purchase before you sign this document!

Documents needed when completing the purchase of a home:

Home inspection report

You should schedule a full home inspection almost immediately after your Offer to Purchase has been accepted. Make it clear in your OTP that you will be doing this, and be wary of any seller who tries to prevent or limit how a home inspection is conducted. This is because they can provide valuable insight into the true condition of the home you want to buy.

Appraisal report

This is a detailed document that outlines the full value of a property based on its location, current condition, quality, and surrounding market conditions. They are compiled by real estate appraisers and can help you ensure you’re paying a fair price for the home you’re interested in.

Amendments to the Real Estate Purchase Agreement

The home inspection and appraisal may prompt certain changes to the terms and conditions of the sale, such as repairs that need to be made before the sale is concluded. These amendments must be signed and added to the original Purchase Agreement.

Simplify buying your new home with help from a real estate attorney

There are many ways that an attorney can help you as a buyer; including reviewing and advising on buyer agency agreements or dealing with real estate brokers, drafting and reviewing your Offer to Purchase, evaluating financial options and helping solve related problems, answering questions and resolve problems that may crop up during the transaction, among others. Make the smart choice for your future and enlist an experienced real estate lawyer to help ensure one of the biggest financial investments of your life goes off without a hitch.

When Can I dispute A Will?

Wed, 20 Jul 2022 11:47:37 GMT

A will is a legal document that provides much-needed peace of mind. When we write a will, we are helping to make sure that our assets and our estate are distributed in the way we want them to be so that everyone gets what they are entitled to. Unfortunately, this does not always work in practice, and there may be errors in the writing of the will that lead to ambiguity.

If you think that the will of a friend, partner or family member does not accurately reflect their wishes, you may be able to dispute this will. Let's take a look at some of the main grounds for contesting a will.

If the Will Is Within the Statute of Limitations

A statute of limitations is placed upon a will — meaning that any disputes or disagreements must be settled within a set amount of time. After this time period is complete, the will can no longer be contested.

Different states will operate different statutes of limitations for contesting a will. You will need to speak to a professional to find out if you are within the dispute timeframe for your specific state jurisdiction. Typically, the statute of limitations will range from around 30 days up to several months. Bear in mind that the statute of limitations begins when the will is filed in court. It does not begin at the date of death.

If You Are an Interested Party

A will cannot be contested by just anyone. If you want to legally contest or dispute a will and its contents, you must be legally classed as an "interested party." This means you have a legal interest in the will and therefore need to have a say in how it is executed.

In some cases, it is easy to identify an interested party. Anyone who is named as a beneficiary in a will is automatically an interested party, and this will be made clear in the writing of the document. Anyone who is named as a beneficiary in a previous draft of the will but has been excised from the latest or final version can also use these prior documents to prove they are an interested party.

In other cases, it may be more difficult to declare and prove a legal interest. You may need to demonstrate that you are a potential heir who would generally have been included in a last will and testament document. This may involve proving a familial connection to the deceased, as well as proving that you should have been included in the will — i.e., there were no unresolved issues between you and the deceased.

If the Writer of the Will Was Not in the Right State of Mind

A will is intended to be a representation of the genuine intentions of the deceased so that these intentions can be carried out. Under the legal code of the United States, anyone who writes a will must be of sound mind and must fully understand what they are doing and why.

Unfortunately, this is not always the case. A will writer may not fully grasp the process and purpose of producing this document, and they may make mistakes or write other things as a result. If you feel that the writer of the will was not fully understanding the requirements of the process, this may be grounds for dispute.

If the Will Was Written Under Duress

It is against the law to coerce someone into writing a will or to exert undue influence over them while they write their last will and testament. As mentioned above, a will is supposed to be a true and complete representation of the writer's intentions, with no external input from any other party.

If you believe that someone has been pressured or coerced into writing their will in a certain way or including certain items and individuals that may not otherwise have been included, this is grounds for dispute. Carers, family members, romantic partners, and a number of other individuals may be in positions of power over the will writer and may use this power in a negative or even illegal way.

If the Will Is Incomplete

The will is a legal document, and therefore it must be completed according to the proper protocols. If the will has not been signed, if there is no witness to its signing, or if any other component of the document is missing, the will may be considered incomplete.

An incomplete will can be disputed, as it is not yet legally binding. Investigations may be needed to find out why the will is left incomplete and to ascertain how much the contents of the will reflect the intentions of the writer.

If the Document Was Not Designed to Be Final

Wills tend to go through a number of different drafts on their way to completion and finalization. This means there may be previous drafts of a will stored in filing systems and other locations that were never intended to be a final will and testament. If you believe someone is trying to pass off a previous draft as the final will, you may raise this as a dispute.

In some tragic circumstances, the deceased may have passed away before they produced the final draft of their will. If this is the case, you may be able to prove that the most recent draft was never intended to be the final document.

If There Is Sufficient Doubt

We've discussed some of the more clear-cut cases in which a will can be disputed. However, this is not an exhaustive list, and there are other circumstances in which parties can contest a will document.

If there is a disagreement as to the distribution of assets or the inclusion or omission of certain assets and individuals, one or more parties may raise a dispute. Remember that this will still need to be within the statute of limitations and that only legally defined interested parties may raise a dispute.

Officially Contesting a Will

If you feel you have grounds to dispute or contest a will document, you will need the proper legal support. Contact our team today and speak to our professional personnel. Let us help you navigate this sometimes difficult and sensitive area of legal practice.

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