Even though Rhode Island is the smallest state in the country, it has its fair share of personal injury and negligence cases. Whether you or someone you love has been injured in an accident, you’re probably confused about what to do next.
A personal injury lawyer can help you navigate the ins and outs of personal injury claims. Finding a local attorney is essential since each state has its own rules and laws pertaining to these cases. You’ll need to make sure that whoever you choose is familiar with the regional laws and has the experience to get you the best settlement possible.
With hundreds of options, it can be challenging to figure out who to hire. We recommend that you talk to a few and get a feel for their personality and communication style. You’ll likely be working with this person for a while, so you want to feel comfortable around them. But, before you start the interviewing process, there are a few things you should know.
Table of Contents
Personal Injury Laws & Statutory Rhode Island
Statute of Limitations
Types of Damages
“Fault” Auto Insurance System
Damage Caps in Rhode Island Personal Injury Cases
Comparative Fault Rule
“Strict” Liability for Dog Attacks/Bites
Average Cost of a Personal Injury Lawyer in Rhode Island
How to Find an Expert Personal Injury Lawyer in Rode Island
FAQs about Personal Injury Lawyers in Rhode Island
1 What should I do after an accident
2 What questions should I ask a lawyer before I hire them?
3 How fast do I need to find a personal injury lawyer?
4 Is it worth hiring a personal injury lawyer?
5 Does Rhode Island require Personal Injury Protection insurance?
6 What happens if I decide to fire my attorney before the case is over?
Personal Injury Laws & Statutory Rules in Rhode Island
You’ll want a basic understanding of Rhode Island’s laws pertaining to personal injury cases even before you hire your attorney. Here’s what you need to know.
Statute of Limitations
Every state has a statute of limitations, which is the time limit you have to file your personal injury case in the state. Rhode Island’s law gives you three years from the date of the accident to file your lawsuit.
Unlike most other states, Rhode Island doesn’t decrease the deadline for suits against the town, city, or state government agency. It also doesn’t change the time limit for wrongful death cases. Anything related to personal injury has a three-year time limit to file your lawsuit.
Types of Damages
As with all states, there are three different types of damages that you can claim in a personal injury case in Rhode Island. These are economic, non-economic, and punitive.
Economic damages are the quantifiable damages that result from the accident. These include loss of wages and medical bills. Non-economic damages are those that aren’t easy to put a dollar amount on since they measure your mental and emotional distress from the accident. Punitive damages are only awarded if there’s proof of malicious intent. These damages aren’t granted to the victim but are meant as a punishment for the defendant.
“Fault” Auto Insurance System
Rhode Island is an “at-fault” (or “tort”) state when it comes to car accidents. This means that whichever driver caused the accident is responsible for the cost of damages. If you’re not at fault for the accident, you will file your claim with the other driver’s insurance company.
Damage Caps in Rhode Island Personal Injury Cases
Some states put a damage cap or limit on the amount that you can claim for certain types of damages. These are usually placed on non-economic damages such as pain and suffering.
Fortunately, Rhode Island does not have damage caps on personal injury cases, so the sky’s the limit. However, this state doesn’t allow you to recover punitive damages in wrongful death cases.
Comparative Fault Rule
Even though Rhode Island is a “fault” state, it follows the “comparative fault” rule. This means that if you’re found to be at least partly to blame for the accident, you can only collect damages equal to the other driver’s fault percentage.
Basically, this means that if you’re found to be 30% at fault for the accident, you’ll only be able to go after 70% of the damages.
There are only 13 states in the US that follow a “pure comparative fault” system, and Rhode Island is one of them. This means that you’ll be able to recover damages from the other party, no matter your percentage of fault.
For example, if you’re the one who’s 70% responsible for the accident, you can still go after 30% of the damages from the other driver.
“Strict” Liability for Dog Attacks/Bites
Many states offer some leniency on dog bites or attacks for the first offense. Called the “one bite” rule, this means that the dog owner is protected from injury liability the first time if their dog had never shown signs of aggression in the past.
However, this is not the case in Rhode Island. This state has a specific statute (R.I. Gen. Laws § 4-13-16) that makes the owner “strictly liable.” This rule holds the dog owner liable for personal injury costs, whether it’s a repeated offense or not.
Average Cost of a Personal Injury Lawyer in Rhode Island
There really is no average cost of a personal injury lawyer in Rhode Island or anywhere else. This is because most personal injury attorneys work on a contingency basis. Typically, the initial meeting is free of charge. After that, they’ll likely take a third of the eventual settlement. They’ll also charge you for the cost of expenses for the case.
This amount is not mandated by law. Some attorneys may charge more or less. Keep in mind that if your case goes to court, that percentage will likely increase to about 40%, too. Make sure that you talk to potential lawyers to see what their fees are and what they usually charge for expenses.
How to Find an Expert Personal Injury Lawyer in Rhode Island
Once you’ve made the decision to file a claim, it’s time to hire a personal injury lawyer. We recommend that you talk to multiple candidates, with three as a minimum. There are a few things you’ll need to consider while you’re interviewing potential options.
You may want to find one that specializes in your type of injury, whether that’s a slip and fall, car accident, or something else. This way, they’ll know exactly how to handle your case. For example, car insurance companies know how to take advantage of anyone who doesn’t understand the legalities involved. In this case, you’ll need an attorney that’s familiar with the ins and outs of insurance companies and can aggressively negotiate your settlement.
Since experience is vital to getting the best results, you’ll want to find out how long each lawyer has been practicing. You can look up this information ahead of time or ask during the interview.
Another good idea is to read reviews about each candidate. Remember that people like to complain, so take negative reviews with a grain of salt, but this should give you an idea of their success rate, communication skills, and ability to make clients feel comfortable and confident.
Here at My Case Helper, we’ll do the hard part for you. When you call our number or fill out a consultation request form, we begin working on connecting you to the best available attorney to represent your case.
FAQs about Personal Injury Lawyers in Rhode Island
1. What should I do after an accident?
No matter what type of injury or accident, there are some basic steps you need to take right away to help your case.
- Contact the police. You’ll want to call the police and get the name and badge number of the officer that arrives. If there’s a police report, you’ll also want to get that number. If the police don’t end up coming to the scene, you may want to go to the police station and file a report yourself. Get a copy of the report if you can.
- Gather details. Depending on the type of accident, these details may vary. However, if it is a car accident, you’ll want to take pictures of the license plates of all vehicles involved, the vehicles themselves and the damage, the driver’s license of anyone else involved, and get the names and contact info for those involved and any witnesses.
- Medical attention. You’ll want to see a doctor, no matter how you’re feeling at the moment. Some injuries may take time to reveal themselves, and it’s best to have a thorough check-up to make sure you’re okay.
- Find a personal injury lawyer to guide you through the process.
2. What questions should I ask a lawyer before I hire them?
As mentioned above, there are some things you’ll want to know about potential lawyers before you make the decision to hire them. Here are a few basic questions that’ll help you narrow down your options.
- How long have you been in practice?
- How many cases like mine have you handled?
- How often do you settle cases out of court?
- How much time do you have to devote to my case?
- What are your fees and costs?
- Will I have to pay any fees or costs if I lose?
- What’s the typical length of time it takes to resolve a case like mine?
- What are the next steps?
3. How fast do I need to find a personal injury lawyer?
There will be a lot of things rushing through your mind after an accident. However, it’s vital that you hire an attorney as soon as possible. For the best outcome, you’ll need as much evidence as you can collect. Personal injury lawyers are trained to find this, but some of it is time-sensitive. Some of the things they’ll want to do are examine the vehicles involved to find the cause of the accident, photograph the damage to the vehicles, and photograph fresh injuries. They may want to see clothes, the scene of the accident, and more, based on the type of accident.
It’s also worth noting that insurance companies often try to get a recorded statement as quickly as possible. An attorney can help you prepare a statement, so the insurance company can’t use anything you said in the heat of the moment against you.
4. Is it worth hiring a personal injury lawyer?
It’s definitely the best choice to hire a lawyer if you’ve been injured in an accident. They will be able to guide you through the process from beginning to end. A personal injury lawyer will have a comprehensive understanding of all of Rhode Island’s laws pertaining to the case, and they’ll be able to better negotiate the claim. If your case goes to court, you’ll need a lawyer that can help you file the lawsuit and represent your best interest.
5. Does Rhode Island require Personal Injury Protection insurance?
Rhode Island is a “fault” state, so they do not require PIP (Personal Injury Protection).
6. What happens if I decide to fire my attorney before the case is over?
If you’ve done your homework ahead of time and found the right personal injury lawyer, you won’t run into this problem. However, if you do need to make a switch in the middle of a case, the attorney that you fired will have a lien for the expenses and fees incurred while they were in your employ. You and the defendant in the case could be sued for failing to honor that lien. Also, they can come after you for interest on those expenses, so it’s best if you can get them to sign an agreement not to do that. This document should be forwarded to the defendant before settlement in order to avoid any delays on the lien.
My Case Helper is here to connect you with top legal representation in the attorneys and law firms. We pride ourselves on partnering with the absolute best legal teams in the United States. Get help with any legal case you are facing today by calling My Case Helper at (844) 980-1574.