The role ones health insurance plays when they are injured in an automobile, truck or mortocyle accident is a frequent topic of discussion. Essentially, you and your health insurance have entered into a contract whereby you pay premiums for certain medical coverage. When someone is injured in an accident, the health insurance can be used for the medical treatment rendered for those injuries.
Using your health insurance can affect your personal injury claim in that you may be obligated to repay your health insurance for the medical treatment it paid out on your behalf.
For example, if you were injured due to the negligence of another, part of your damages are medical expenses incurred and paid for by your health insurance. If you recover those medical expenses, the insurance company will may require repayment of those medical expenses, or at least a portion, from the proceeds of any award. If you were to retain the cost of medical expenses, it's a double recovery, or stated differently, you're "double dipping."
Friday, March 21, 2008
Thursday, March 13, 2008
Proper Eviction Procedures in Rhode Island
For investment property owners with tenants who have fallen behind on their rent, failing to follow the proper procedures to evict a non-paying tenant can be a costly mistake. Before a Complaint can be filed, a 5-day demand must be mailed to the tenant which complies with Rhode Island statutory law. An acceptable form of the 5-day demand letter can be found by cliking the following link: http://www.ranonelaw.com/pages/cfAdditionalServices.cfm
Note however that a 5-day demand can not be sent until the rent is more than 15 days late. Stated differently, if the rent is due on the first of the month and is not paid, the earliest the 5-day demand can be mailed is on the 16th day of the month.
Failing to follow this critical step can result in any complaint for eviction for non-payment of rent to be dismissed for lack of proper notice resulting in further delay and loss of rental income.
Note however that a 5-day demand can not be sent until the rent is more than 15 days late. Stated differently, if the rent is due on the first of the month and is not paid, the earliest the 5-day demand can be mailed is on the 16th day of the month.
Failing to follow this critical step can result in any complaint for eviction for non-payment of rent to be dismissed for lack of proper notice resulting in further delay and loss of rental income.
Wednesday, February 13, 2008
Employer's without Workers' Compensation Insurance
While the law requires an employer with at least one employee to have workers' compensation insurance, there are times when an employee is injured and then discovers their employer failed to have workers' comp insurance. It is widely known that filing a claim in the Workers' Compensation Court is the exclusive remedy of an injured employee unless at the time of hire they elect to reserve their common law rights.
Common law rights include the ability to sue for negligence, fraud etc.; remedies not available through the Workers' Comp Court. Common law causes of action also afford recovery of other damages not available through Workers' Comp Court.
The problem is that rarely does an employee reserve their common law rights, nor am I suggesting that you do so.
But when an employee does not reserve their common law rights, are hurt on the job and the employer failed to have workers' comp insurance, the employee is still able to file an action in Superior Court against the employer asserting common law causes of action.
However, this option is only available if certain steps are taken and completed on time according to statute. If you find yourself in such a situation, be sure to contact an attorney as soon after the date of injury as possible.
For more information, please visit www.ranonelaw.com
Common law rights include the ability to sue for negligence, fraud etc.; remedies not available through the Workers' Comp Court. Common law causes of action also afford recovery of other damages not available through Workers' Comp Court.
The problem is that rarely does an employee reserve their common law rights, nor am I suggesting that you do so.
But when an employee does not reserve their common law rights, are hurt on the job and the employer failed to have workers' comp insurance, the employee is still able to file an action in Superior Court against the employer asserting common law causes of action.
However, this option is only available if certain steps are taken and completed on time according to statute. If you find yourself in such a situation, be sure to contact an attorney as soon after the date of injury as possible.
For more information, please visit www.ranonelaw.com
Monday, February 11, 2008
Selling your home by lottery
Well, you know when times are hard for many homeowners having difficulty selling their homes as some are turning to the idea of a lottery. The idea is to sell tickets and the winner wins your home for an absolute fraction of its true worth. While this is a great idea in theory, many states, including Rhode Island purusant to R.I.G.L. Section 11-19-1, prohibit such activity and is considered a felony.
Tuesday, January 15, 2008
Foreclosure Fraud and Scams
This has been a hot topic not only in Rhode Island but nationwide. Currently, a colleague and I are handling several cases where, essentially, the homeowner lost their house to scams. The common thread amoung the victims; all were experiencing financial difficulty and in risk of losing their home to foreclosure.
Often times these scams involve unscrupulous mortgage brokers or lenders who arrange for the sale of the home to a third party, a straw man if you will, while the homeowner is allowed to continue living in the home. Then, at the closing, some if not all of the cash that would normally be given to the seller is held in an "escrow" account by the party arranging the deal...the unscrupulous broker or lender. The homeowner is typically told that this "escrowed" money will be used to pay the mortgage and the homeowner will eventually be able to repurchase their home.
However, several things are happening. 1) The homeowner normally never sees a dime of the "escrowed" money; 2) The straw man buyer who's name is on the mortgage stops paying; 3) The home is foreclosed upon; 3) The homeowner pays the mortgage broker or lender arranging the deal outgragous fees as well as all closing costs; 4) The home is typically sold for far less than its true worth since the homeowner has no idea that he is really selling his home.
Rhode Island, as well as many other states around the country, have recently passed laws to help protect homeowners from such scams by instituting strict regulations against such practices.
If you or someone you know has been the unfortunate victim of this type of scam or any other, please post your questions or contact us at RanoneLaw.
Often times these scams involve unscrupulous mortgage brokers or lenders who arrange for the sale of the home to a third party, a straw man if you will, while the homeowner is allowed to continue living in the home. Then, at the closing, some if not all of the cash that would normally be given to the seller is held in an "escrow" account by the party arranging the deal...the unscrupulous broker or lender. The homeowner is typically told that this "escrowed" money will be used to pay the mortgage and the homeowner will eventually be able to repurchase their home.
However, several things are happening. 1) The homeowner normally never sees a dime of the "escrowed" money; 2) The straw man buyer who's name is on the mortgage stops paying; 3) The home is foreclosed upon; 3) The homeowner pays the mortgage broker or lender arranging the deal outgragous fees as well as all closing costs; 4) The home is typically sold for far less than its true worth since the homeowner has no idea that he is really selling his home.
Rhode Island, as well as many other states around the country, have recently passed laws to help protect homeowners from such scams by instituting strict regulations against such practices.
If you or someone you know has been the unfortunate victim of this type of scam or any other, please post your questions or contact us at RanoneLaw.
Friday, January 4, 2008
Welcome!
Welcome everyone to Rhode Island's newest legal blog. My name is Joe Ranone and I am a practicing attorney in Rhode Island concentrating primarily in civil litigation including personal injury and workers' compensation matters. I have established this blog to work in conjuction with my website, Ranonelaw.com, to give people a better understanding of the laws and procedures that affect their case.
Attorneys are typically very busy people and we don't always take the time to explain things to our clients as well as we should. This usually leaves the client axious and nervous. I offer my time and knowledge those who would like to learn more, have questions and sure, maybe gather a few new clients. So with that, this blog is officially open for business!
Attorneys are typically very busy people and we don't always take the time to explain things to our clients as well as we should. This usually leaves the client axious and nervous. I offer my time and knowledge those who would like to learn more, have questions and sure, maybe gather a few new clients. So with that, this blog is officially open for business!
Subscribe to:
Posts (Atom)