Personal Injury Law in Providence, RI

Were you hurt due to another’s negligence in Providence? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Providence, RI can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Providence relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Providence, RI

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Providence 

The State of Rhode Island Department of Health reports that accidents are the leading cause of nonfatal injury for all age groups. As well, the leading cause of both nonfatal emergency room visits and hospitalizations nationally is falls. Not surprisingly, falls are the number one reason for admission to the Rhode Island Hospital Adult Trauma Service.

Steps in a Personal Injury Lawsuit in Providence, RI

Once you determine that you wish to proceed forward with a personal injury action in Rhode Island

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either a settlement or a court appearance.

The Rhode Island District Court deals with personal injury cases, and once the plaintiff files a claim, the defendant has 21 days to respond. Continued failure to answer may result in a default judgment, whereby the plaintiff may motion the court for a judgment to be entered awarding the relief sought in the complaint.

Rhode Island Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.

Rhode Island doesn’t have laws requiring insurance companies or individuals to report their settlements to the state or courts.  This makes determining the average car accident settlement in Rhode Island quite difficult.  However, GoLocalProv News used public records to report the City of Providence paid out an average of $20,368.75 for personal injury lawsuits caused by motor vehicle accidents, and an average of $30,925 for fall lawsuits.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in RI, that means you risk not receiving any compensation at all.

Damage Awards in Rhode Island

If your personal injury lawsuit proceeds to trial, your legal team will present a request for damages. In personal injury cases, courts may award three types of damages to compensate you for the harm caused by the defendant’s actions.

Special Compensatory Damages are designed to reimburse you for quantifiable losses, such as lost income, medical bills, and insurance deductibles. You will need to submit receipts and documentation to prove these losses.

General Compensatory Damages are more subjective. If you receive special compensatory damages, you may also be awarded general damages. For instance, if your injury caused significant pain and suffering, you might request that the judge order the defendant to compensate you for the physical and emotional anguish endured.

Punitive Damages are the least commonly awarded and are determined by the court. The judge or jury may impose punitive damages if the defendant’s conduct was egregiously negligent, and if the resulting harm was severe.

In Rhode Island, there are generally no caps on damages in personal injury cases, except in claims against the state, which are limited to $100,000.

Statute of Limitations in Providence, RI Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations for a personal injury suit in Rhode Island is three years. If you live in Providence, this means you only have three years from the date of your injury to file a suit. For minors, the statute is paused until they turn 18.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Providence, RI Lawyer

Pursue a personal injury claim in Providence against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Rhode Island state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.