Personal Injury Lawyers
A personal injury claim is one that involves an injury caused to you by the wrongful act of another. When a person acts carelessly and harms our clients we go to work. Our attorneys take care of everything from medical bills to negotiating with insurance carriers so that our clients can focus on getting better. We help our clients get compensation for medical bills, repair costs, lost wages, and pain and suffering. Don’t wait, call us now to find out how we can help you get the money you deserve.
Dana and Dana Personal Injury Practice Areas
If you were hurt because of the negligence of another you should not have to pay for their careless or reckless actions. We represent victims who have suffered a personal injury including cases involving:
- Wrongful Death
- Traumatic Brain Injury
- Slip and Falls
- Dog Bites
- Boating Accidents
- Medical Malpractice
- Auto Accidents
- Nursing Home Abuse
Personal Injury Law Frequently Asked Questions
Need Legal Help?
On March 12th, the New York Times highlighted the dilemma of lead paint in residences and other buildings, and the dangers they pose to everyone, including babies and women who are pregnant. Anyone who has ever rented an apartment in an older building has likely signed a lead paint disclosure form stating that their apartment may contain lead paint. While lead-based paint can pose a danger to anyone, women who are pregnant or couples with children are often more nervous about signing this form and potentially exposing themselves and their children to lead, potentially developing brain and other injuries. So what are the alternatives?
Health Issues Associated With Lead Exposure
In the past, lead was used to produce paint used in homes and other buildings. It is especially dangerous to children because they absorb more of it as they are growing, and both their brains and nervous systems are more sensitive to its damaging effects. Babies, in particular, are often at risk, as they sometimes touch painted walls and then put their hands in their mouths. They are also at risk before they are born, as a pregnant woman’s exposure can result in exposure to her developing baby. Children in general are also at risk if they inhale lead dust from lead-based paint. This is especially of concern if a building with lead-based paint is undergoing renovations.
The health effects of exposing children to lead are frightening, and include slowed growth, behavior and learning problems, hyperactivity, lower IQ, hearing problems, and anemia. Sometimes it can even lead to seizures, coma, and/or death. To date, lead paint is still the most common source of exposure for U.S. children.
Laws Regulating Lead In Paint
Although lead as a pollutant is regulated by many laws, the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) specifically addresses lead-based paint products in residential buildings. The Act declares that, prior to 1980, American housing stock contained more than 3,000,000 tons of lead in (the form of) lead-based paint, and that homes built before 1950 contained substantial amounts of lead-based paint. One of the main purposes of the law was to develop a national strategy to eliminate lead-based paint hazards in all housing.
If you are concerned that you live in an apartment with lead-based paint, it is important to specifically look for signs of flaking, peeling, or chipping, as they can pose an immediate issue to children. In addition, many cities require landlords to inspect apartments each year if children under the age of six live there. And if your landlord is re-painting, it is important that you insist on then relying on a painter certified in lead paint remediation. Be especially careful if you are painting a nursery, as prepping a room that was previously painted with lead-based paint before re-painting can serve as a serious form of exposure for expecting mothers.
Dana and Dana: Personal Injury Attorneys in Providence, Rhode Island
The personal injury attorneys at Dana and Dana have decades of combined experience helping victims of personal injuries—including toxic lead exposure–recover compensation for their injuries. After suffering something as serious as a brain injury, for example, our clients are understandably concerned about the costs of medical treatment and rehabilitation, as well as the costs of a potentially having a permanent disability. A lawsuit handled by Dana and Dana can help our clients regain the financial stability they need to live a comfortable life. And with our no cost guarantee, you will not pay anything unless we are able to recover compensation for you. Contact us today so that we can get starting helping you.
When we think of wrongful death, we often think of hospital or medical errors, or perhaps a car crash that takes a loved one. Most of us do not see the potential for someone to do wrong to an infant, depriving them of their young life.
And yet that is precisely what happened to a young one-year-old baby whose parents are now suing her former nanny for wrongful death; specifically, for negligent, willful, reckless, malicious, and/or grossly negligent acts that resulted in their daughter’s death three years ago after suffering from brain swelling and bleeding. Their goal in suing is to ensure that the child’s former nanny is not able to make a profit off of the baby’s death in the form of a book deal or otherwise.
The case originally gained international attention because the nanny was originally to be prosecuted for criminal charges (murder) until the medical examiner in the case changed the official cause of death and—although not eliminating murder as a possible cause—doubt was cast as to the prosecutor’s ability to prove murder beyond a reasonable doubt. The medical examiner’s original theory was that the baby was the victim of shaken-baby syndrome, which typically involves an infant suffering from head trauma due to being excessively shaken or hit. According to the lawsuit filed, the nanny slammed the baby onto the changing table and proceeded to shake her violently to get her to stop crying, causing hemorrhaging, skeletal fractures, and brain swelling, ultimately leading to her death.
Evidence of Wrongful Death
Other evidence which emerged included “signs of violence” in the home, including some drywall missing near the changing table, indicating that it had forcibly hit the wall. Blood was also found on baby wipes, blankets, and clothes nearby.
Unlike the relevant standard in the nanny’s criminal case, the parents only need to prove that the nanny is guilty “by a preponderance of evidence.” Currently, the two sides are essentially arguing over what the medical evidence shows, and specifically, when the baby’s bone fractures occurred.
Of late, shaken-baby syndrome has become the subject of a national controversy, as the medical establishment pushes back against the attempt by some defense lawyers to argue that some have been wrongly accused of it, warning the public that it is an accurate way of identifying horrific child abuse
Wrongful Death Attorneys in Rhode Island
Losing a loved one is painful enough as it is; Losing your newborn infant is, arguably, even more difficult, especially if it was caused by someone else’s intentional or negligent acts. Fortunately, Rhode Island law allows surviving family members to bring a wrongful death claim to help the family reach closure and secure the money they need to get on with their lives. If a family member has died due to someone else’s negligent or intentional act, the Rhode Island attorneys at Dana & Dana can help. Contact us today so that we can help you.
New information has emerged of late concerning traumatic brain injuries (TBIs) which could impact the personal injury lawsuits that sometimes accompany them in order to make victims “whole again.” Most notably, theories are emerging concerning the link between head injuries and depression/suicidal tendencies, or chronic traumatic encephalopathy (CTE), a degenerative brain condition.
CTE has been sited in multiple sports-related head impacts, including football, hockey, and now potentially cycling, and connected to depression, dementia, and impulse control problems. It is now also being connected to everyday, normal people who suffer from concussions due to recreational and/or work-related concussions and head injuries.
Increased Risk of Suicide
Specifically, new research found that people who have concussions have an increased risk of attempting suicide—in fact, they are three times more likely to commit suicide than the rest of the population—particularly if their concussion occurred on a weekend. While the risks associated with sports have been studied, prior to now, no one has looked at the impact of concussions on the “normal population,” and their ability to cause lasting damage. Researchers now argue that—due to the science that has emerged over the last two years—TBI survivors need to receive long-term assessments to monitor for the presence of psychiatric disorders.
Researchers have also found the presence of protein clumps in both Alzheimer’s and TBI victims. Although previous research showed that these “clumps” or plaques were present immediately after the incident that caused the brain injury, new science has shown that the plaques are still there more than 10 years later. This provides a definitive link between brain injury patients and more permanent issues, such as dementia.
However, it’s not just what was found, but where it was found: the protein deposits were found in the posterior cingulate cortex, which controls memory, attention, motor control, and coordination. Researchers also found that head injuries impact white matter; tissues found deep in the brain which allows cells to communicate. This research will potentially shed light on prevention and treatment, as there may be more time than initially thought to treat these types of injuries. Close to 14 million people are expected to suffer from Alzheimer’s by 2050.
There Could Be Hope
Fortunately, concussions don’t necessarily have to spell disaster if the brain is given time to heal. This means that—for everyone who plays sports professionally—certain precautionary measures—such as cognitive baseline tests—can make all the difference. In addition, while helmets have historically been poor at protecting the brain from injuries, there are special liners now made to decrease the impact and thus reduce the chances of a concussion. Without proper protection–anyone–whether professional athlete or construction worker–could end up suffering not only from concussions and TBIs, but depression and related issues, such as attempted suicide.
Dana and Dana: Representing TBI Victims
TBIs can have many causes, but in every case, their effects are devastating. The firm of Dana & Dana routinely works with victims of traumatic brain injuries to get them the compensation they deserve and need to live a comfortable life. If you have been the victim of a TBI that wasn’t your fault, contact us today for a free consultation.
The issue of police violence and personal injury has come to the forefront of the public’s attention this last year. Many are concerned about racial disparities when it comes to police misconduct and people getting injured or killed, but has anyone looked at the overlap between police violence and mental illness issues?
According to data compiled, of all the people shot and killed by police officers last year, 25 percent of them showed signs of mental illness. Many individuals who end up in prisons and jails also have serious mental illnesses and never received assistance or opportunities for intervention. Thus, the explanation isn’t as simple as just too much police violence plaguing our society; but also inadequate mental health treatment, which is arguably feeding into police violence.
Criminal Charges Instead of Mental Health Assistance
City by city, we are eliminating millions in community mental health treatment services, affecting those living in poverty who are most in need of these services; many of whom will likely end up charged with crimes and in jails precisely because mental health services were not available to them. Many of those who are called upon to be the “front line” on mental health issues (police) are not even properly trained to deal with these types of emergencies.
Some have called for not only more training with our “front line” of defense (police), but also for making strides in bringing together law enforcement and mental health services to actually offer more to help and prevent the mentally ill, when possible, from being charged with crimes and ending up in jail. To do this, mental health workers would have to work with police in the form of a “crisis team” and alternatives to jail would have to be offered, such as clinics or urgent services to provide housing and care.
Although there is no end-all be-all panacea to the overlap crisis between mental health issues and incarceration, we must at least take steps to try and avert violence and incarceration as the only modes of response.
Help In Rhode Island
There are programs in Rhode Island designed to provide housing to those who are homeless and suffer from severe mental illness. One of those is known as the Safe Havens program, as run by Rhode Island Housing. In addition, their Shelter Plus Care Program is designed to provide rental assistance and other support services to those who are seriously mentally ill.
Dana & Dana
If a family member has died due to the negligent or intentional act of the police or someone else, or you have been charged with a criminal offense, the Rhode Island attorneys at Dana & Dana can help. We are dedicated to providing respect, compassion and care for all of our clients in Rhode Island and Massachusetts. We have the experience and expertise to ensure the highest quality criminal defense representation possible. Contact us today for a free consultation.
It is perhaps every family’s worst nightmare: to have their child try or successfully end their own life because they have been bullied at school. Sadly, as the means of bullying spread via the internet, it seems to become common news. And for some families who feel that the school district, its board, officials, and/or students were active in allowing for the incident to happen, they sometimes decide to file suit for wrongful death.
Specifically, school officials have a responsibility to ensure students’ safety, and allegedly failed to do so in one particular incident, resulting in a student’s death. According to the lawsuit, the district and its officials failed to address many bullying incidents that had been happening for years. In fact, when the student’s parents asked that their victimized child be moved to a different classroom in order to avoid those students bullying her, the Assistant Principal of the school allegedly declined the request. Officials also allegedly failed to remove derogatory graffiti that was posted about the victim. The parents of the victim are now suing to try and move the school district towards creating policies and procedures to address the bullying issues within the district.
Claims against School District
In a case in which plaintiffs allege that the wrongful death of their child resulted from the school district negligence, the complaint focuses on a variety of allegations. Some of these include arguing that the school district violated:
- Their own policies, including the Student Code of Conduct, anti-bullying policy, sexual harassment policy, racial/national origin harassment policy, and any and all reports associated with these policies;
- The U.S. Constitutional Amendment XIV Substantive Due Process (Fourteenth Amendment rights to life, liberty, familial relationship, education, and freedom from government actions that interfere with these);
- Title VI of the Civil Rights Act of 1964 (Discrimination on the Basis of National Origin and Sex Discrimination via the acts and omissions of the District with respect to the student);
- Their obligations to maintain lawful policies and procedures;
- S. Constitutional Amendment XIV, Denial of Equal Protection on the Basis of Race and/or National Origin;
- Their duty to report child abuse; and
- Their duty of care and supervision, resulting in negligence, recklessness, and/or gross negligence, intentional and negligent infliction of emotional distress, and wrongful death.
Wrongful Death Attorneys
While losing a relative is always a difficult and painful time for a family, losing your child as the result of the intentional or negligent actions of someone else (or an entire entity) can be absolutely unbearable.
Rhode Island law allows surviving family members to bring a wrongful death claim against the negligent parties to help ease certain burdens. No lawsuit can restore a loss like this, but a wrongful death action can sometimes help the surviving family members feel as though they are addressing any injustices associated with the death of their loved one, which they are.
If a family member has died due to someone else’s negligent or intentional act, the Rhode Island attorneys at Dana & Dana can help. Contact us today so that we can get started helping you.