Providence, Rhode Island laws surrounding personal injury cases govern how individuals can seek compensation for injuries caused by someone else’s negligence or wrongdoing. Here are some key aspects of our state’s personal injury laws:
Statute of Limitations: In Providence and the rest of the state of Rhode Island, there is a statute of limitations that sets a time limit for filing a personal injury lawsuit. Generally, you have three years from the date of the injury to file a lawsuit. If you miss this deadline, the court is likely to dismiss your case.
Comparative Fault: Rhode Island follows a “pure comparative fault” system. This means that even if you are partially at fault for the accident or your injuries, you can still seek compensation. However, your total recovery will be reduced by the percentage of fault assigned to you. For example, if you are found 20% at fault, your compensation will be reduced by 20%.
No-Fault Insurance: Rhode Island is not a no-fault insurance state. In no-fault states, injured parties typically seek compensation from their own insurance companies, regardless of who was at fault. In Rhode Island, though, you generally pursue a claim against the at-fault party’s insurance company.
Auto Insurance Minimums: Many personal injury cases stem from a car accident. Rhode Island has mandatory minimum auto insurance requirements. Drivers must carry liability insurance with the following minimum limits:
$25,000 for bodily injury or death per person
$50,000 for bodily injury or death per accident
$25,000 for property damage
Pure Several Liability: Rhode Island follows the doctrine of “pure several liability.” This means that each defendant in a personal injury case is responsible only for their share of the damages, not the entire amount. If a defendant is found partially at fault, they are only liable for their proportionate share of the damages.
Dog Bite Liability: In Providence, the owner of a dog is generally held strictly liable for injuries caused by their dog, regardless of the dog’s previous behavior or the owner’s knowledge of its aggressiveness.
Dram Shop Laws: Providence, Rhode Island has dram shop laws that hold bars, restaurants, and other establishments that serve alcohol liable for injuries caused by intoxicated patrons. To establish liability, it must be proven that the establishment served alcohol to a visibly intoxicated person who later caused harm.
Caps on Damages: Providence does not have statutory caps on damages in personal injury cases. This means that there is no legal limit on the amount of compensation you can seek for economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, and more.
While you are not required to have an attorney to pursue a personal injury claim in Rhode Island, it is highly recommended. An experienced personal injury attorney can help you navigate the legal process, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
Hiring a skilled personal injury lawyer can significantly increase your chances of obtaining fair compensation for your injuries and losses after a personal injury incident or accident. Connect with 1-8000-Injured, a medical and legal referral network, to find one. When you do, you will get a free and immediate case review.