Legal Tips of the Month

If you are ever injured on the job, you should immediately tell your employer or supervisor about your injury. By law, your employer is responsible for filing a report with its’ Worker's Compensation insurance company and the State. You should also immediately seek medical attention for your injury and follow your doctor’s recommended course of treatment. Your doctor certainly will play an important role in your recovery as well as providing the supporting information for your claim.

The type of benefits you receive will depend on the seriousness of your injury and the extent to which it affects your ability to work.  Generally, the insurance company has 21 days to investigate your claim and determine if your injury is indeed work related. If so, the insurance carrier is obligated to pay for all of your necessary medical treatment. If you are unable to work, the insurance carrier is also obligated to pay you weekly compensation benefits commensurate with your regular earnings.  When a work related injury results in permanent scarring or disability, you are also entitled to additional forms of compensation. In cases where your work related injury is caused by an independent third-party, you also have the right to pursue that third party for compensation for your injuries beyond what you are entitled to under the workers’ compensation law.

An on-the-job injury often impacts your quality of life and can be very confusing.  Despite what they say, the insurance company does not work for you, it works only to benefit your employer. D'Amico • Burchfield, LLP  has the experience in aggressively handling workers’ compensation claims and obtaining just and fair compensation for our clients. Call us today for free consultation.

The purpose of insurance is to protect you, your business and your property against the risk of the unknown and to help you overcome the financial consequences that often arise when something goes wrong.  Car accidents, fire, flood or storm damage to your home or business property, the medical expenses of a serious illness or the death of a spouse all represent circumstances that could have a very dramatic and detrimental impact on your life.  As life continues to change, so too will your need for various types of  insurance.  Be sure to take the time necessary to evaluate your life’s circumstances and give due consideration to what you types of insurance coverage you may need to adequately protect you, your family and your property in the event of disaster.

Do you understand the types of insurance coverage you presently have and the extent to which you are protected?

Consider the following:

1.         If you became disabled due to injury or illness, would you have sufficient financial resources to provide for your normal living expenses? Protecting yourself against this scenario could involve the purchase of short term or long term disability insurance, which could provide you with the monthly income necessary to pay your normal living expenses until your injury or illness resolves.  

2.         In the event of  your untimely death, will you have sufficient assets and financial resources to  provide  your spouse and family dependents with the ability survive financially?  Purchasing life insurance can be an affordable tool to address this concern is part of a fundamental risk management strategy you should consider as part of an overall estate plan.  

3.         In the event of a fire, flood or other natural disaster, do you have enough insurance protection to repair your home or to replace all of your personal contents?  For most Americans, a home is likely the single biggest  lifetime investment.  It is wise to ensure that you have the proper homeowner’s insurance coverage in place and that you regularly evaluate your insurance coverage to make sure that you will have sufficient insurance proceeds available to repair your home and replace your contents in the event of a catastrophe.  

4.         If you or your family member were involved in motor vehicle accident where they or someone else suffered serious injuries, would your current auto insurance policy be sufficient to protect your assets or compensate your loved ones for their injuries? While most states including Rhode Island require mandatory auto liability insurance, the minimum amount of coverage required by law is often less than what is necessary to fairly compensate those that are seriously injured, putting your personal assets at risk.   As part of an appropriate auto insurance plan you should consider your total policy limit, the amount of your deductible and the availability of uninsured motorist coverage to further protect you in the event that a you or your household member is injured by another motorist who does not have insurance. 

Evaluation of all your insurance needs is crucial to making sure that you are protected for as many of life’s unexpected problems as possible.  Please make sure you consult with an appropriate insurance professional to evaluate your needs and to propose the best and most affordable insurance options available.

We understand that domestic issues often result in emotional and financial difficulty.   At D'Amico.Burchfield, we have the experience you can trust to put your family first.

Child support is the financial obligation of the noncustodial parent paid to the custodial parent for the expenses of raising their child.  A child support order effectively transfers income from the noncustodial parent to the custodial parent. The basic amount of child support is determined by the Rhode Island Family Court Child Support Formula and Guidelines. Through this process, the Family Court strives to ensure that the amount of child support in each particular case is consistent with the financial lifestyle and ability of the parents.

A child support order will mandate not only the amount of child support, but the frequency with which it must be paid to the custodial parent.  In most cases, child support is garnished directly from the noncustodial parent’s weekly paycheck so as to provide for certainty and consistency in this income stream to the custodial parent for the benefit of the child.  

Child support issues arise in many different contexts. If you are not receiving child support payments, if you need your child support adjusted, or if your child support payments should be terminated, you will only find a certain result in obtaining a well defined Family Court order.  People often confuse the issues of child support versus child custody or visitation, however, they remain to separate and independent legal issues over which only the Family Court has proper jurisdiction. If you do not have a child visitation, child custody, or child support order in place, you should see the price of a competent Family Court practitioner immediately. Obtaining a court order addressing all these issues provides comfort and security for you and your child.  

The purchase and sale of a home and navigating your way through the financing process usually represents one the most significant financial transactions in someone's life.  If you are buying or selling real estate, it is important that you have a competent real estate attorney representing your interests.

Your real estate attorney should assist you in all aspects of a real estate transaction from reviewing and negotiating the terms of your Purchase and Sales Agreement before you sign it, to ensuring that the closing on the purchase or sale of real estate transpires properly.

To protect your interests in any real estate transaction, you should ensure that your attorney prepares and/or reviews with you all the necessary documents before closing.  Your attorney should also be available to answer any questions you have at all stages of the transaction.  There are often many issues that develop as a real estate transaction moves toward the closing phase and having an attorney representing your interests can help you successfully navigate your way through this process.

Engaging a competent real estate attorney at the beginning of your real estate transaction can provide you with peace of mind during an otherwise stressful process. Let our lawyers help you with your real estate transaction.