Make sure you stop at the scene of the accident and notify the local police department immediately. If possible, please get all of the information about the other parties involved in the crash, including their name, address, telephone number and insurance information. If possible take pictures and videos of the scene of the auto wreck. Make sure you receive proper medical treatment for your injuries with a medical provider as soon as possible. If you wait too long to visit the emergency room, primary care doctor or chiropractor then the insurance company will try to discredit you, claiming that your injury was not caused by this motor vehicle collision. At the time of the mishap, please get the names, addresses and phone numbers of any witnesses to the car crash. If you have a camera or a cell phone with a camera, please take pictures of your automobile as well as the other van, SUV, truck or Motor Vehicle. Don’t forget to take videos and pictures of the scene of the car wreck. If you have any bruises or physical conditions that are noticeable, please take pictures of the physical condition as soon as possible. Please do not give any statement to the insurance adjuster until you have had the opportunity to speak with an attorney. Please call Rhode Island Car Accident Lawyer, David Slepkow. at 401-213-8073.

There is a three year statute of limitations to file a lawsuit for most negligence and slip and fall causes of action in Rhode Island (RI). If you do not file a lawsuit within three years from the date of the accident, you will be forever barred from filing a claim as a result of the accident. In the event that the claim is for personal injuries against a city or a town, there are very strict notice requirements. Please consult with a personal injury attorney in Rhode Island concerning how to comply with those notice requirements. This statute of limitations does not only apply to garden variety car accidents but also applies to RI wrongful death claims and semi trucking accidents as well as motorcycle collisions.

The owner’s title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions.

An attorney should always be present at a closing to answer legal questions and to resolve disputes. Most lenders require the presence of an attorney at all closings. At our firm, all closings are always conducted by an attorney. In Rhode Island, the buyer has the right to choose the attorney to handle the title search. You should always insist on an attorney instead of a title company, as we will help to resolve the problems which arise, and will not limit our scope to merely searching the title.

Yes. Almost all construction at your home requires a building permit. Even the placement of a shed in your backyard necessitates a building permit.

Each city and town has a procedure for obtaining a use variance from the zoning Board of Review. An application has to be filed with the Zoning Officer for this variance. Frequently the planning staff will advise the Zoning Board as to whether the proposed construction conforms to the Comprehensive Plan of the city or town and as to whether in their opinion it will create a nuisance in the neighborhood. Use variances can be difficult to obtain and often it is wise to have expert testimony from a realtor or land use planner at the hearing.

Click here for answers to more of our most frequently asked questions about real estate law or here for questions about zoning and land use. Still have questions? Call (401) 213-8073 to discuss your situation with an experienced attorney.

Both a corporation and a limited liability company provide asset protection against claims against your personal assets. The main difference between the two involves the treatment of profits and losses for income tax purposes. A corporation is a taxable entity and pays taxes on its profits. A limited liability company does not pay taxes on the corporate level, but its profits and losses are taxed on each member’s own tax return. In a corporation the owners are referred to as shareholders and in a limited liability company the owners are referred to as members. The chief executive officer of a corporation is the President. The chief executive officer of a limited liability corporation is the Manager.

If you are in business with another person, at the very least you should have a partnership agreement indicating who owns the business and how decisions are made in the operation of the business. Another crucial aspect of the agreement will be determining what happens upon the death of one of the owners. Often, it is preferable to set up a corporation or limited liability company so that your personal assets will be protected from the debts of the partnership and for any claims for injuries or property damage resulting from the other partner.

Click here for answers to more of our most frequently asked questions about business and corporate law or call (401) 213-8073 to discuss your situation with an experienced attorney.

No. Probate is the process of validating a will. In order for a will to be valid and have force and effect, a probate judge must approve the will in court and appoint an executor who will handle the estate.

A person’s estate will not need to be probated if the person did not have assets in her name alone at the time of death. Therefore, one way to avoid probate is to own all of your assets jointly with another. The better approach is to create a living trust.

A Living Will is also referred to as a Healthcare Power of Attorney. It allows you to designate another person to make healthcare decisions in the event you are unable to make them for yourself. For example, if you are unconscious or incompetent, your healthcare agent will make all necessary decisions regarding your care. You can specify your wishes in the document so your agent knows how to treat you on your behalf.

One of the best ways to add protection in your estate plan is to transfer the title of your primary residence to your children while retaining a life estate. The life estate allows you to live in the house for the remainder of your natural life, while transferring the title of the house to the children. This method provides complete protection for the house after any applicable penalty period has expired and does not have any adverse tax consequences.

Click here for answers to more of our most frequently asked questions about elder law or here for questions about wills and probate. Still have questions? Call (401) 213-8073 to discuss your situation with an experienced attorney.

If all issues concerning divorce, child support, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest possible date for a nominal divorce (a nominal divorce is a non-contested divorce in which everything is agreed to) is approximately sixty five days after the plaintiff files a complaint for divorce. If the matter is set down as uncontested, then an automatic court date, “the Nominal Divorce Hearing”, will be set by the clerk approximately seventy days after filing. In the event that one party does not want to go forward on that sixty five day nominal hearing for whatever reason then the case will not go forward on the nominal date and will be set for additional conferences and potentially the discovery process. The case may eventually culminate with a trial on the merits. Contested divorces matters typically resolve in 6 – 10 months. Some Rhode Island Divorce cases go on longer then a year. The RI divorce cannot become finalized until, at a minimum, ninety days after the parties attend the nominal court hearing. In the event that the parties do not go to Providence Family Court and resolve the matter at the divorce nominal court date, then the divorce could take up to one year or potentially more. Please call David Slepkow at 401-213-8073 for a free initial consult.

In Rhode Island, child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.

Click here for answers to more of our most frequently asked questions about family law or call (401) 213-8073 to discuss your situation with an experienced attorney.

The answer to this is, "it depends." If you are 100 percent certain that you will pass the test then take it. However, if someone is injured or is killed in a motor vehicle, truck or car accident in which you have been drinking in the hours prior to the vehicular wreck then always refuse the Breathalyzer. You should also refuse if you already have a prior criminal drunk driving conviction within the past five years because you face minimum jail time. If you are in a profession in which a criminal conviction may hurt your career or subject you to professional discipline (e.g. lawyer, politician, teacher) then you probably should refuse. If you refuse the Breathalyzer test requested by the RI State police of local police, your license and/or privilege to drive in Rhode Island and Providence Plantations will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits. The reason that a refusal on your record is better then a dui is because a refusal is a civil matter and a dui is a criminal cause of action.

Yes. Under limited circumstances if a person qualifies he or she can drive to work. This is called a “hardship license”. Some people call this a Cinderella license. This law was amended in 2015 allowing a person to drive to and from their place of employment so they can work.

For more answers to frequently asked questions regarding DUIs and criminal misdemeanors, click here or call (401) 213-8073 to discuss your situation with an experienced attorney.