Rhode Island RI Personal Injury Law Frequently Asked Questions – Automobile – Car Accident – Damages – Pain and Suffering
1) If I am injured in a car accident, what do I do?
Be sure to stop at the scene of the car accident and notify the police department of the accident immediately. If possible, get all the information about the other parties involved in the accident, including their name, address, phone number, and insurance information. Make sure you get treatment for your injuries from a medical provider as soon as possible.
At the time of the accident, obtain the names, addresses, and phone numbers of witnesses to the accident. If you have a camera or cell phone with a camera, take pictures of your car, the other car, and the scene of the accident. If you have bruising or noticeable physical conditions, take pictures of the physical condition as soon as possible. Do not give the insurance adjuster any statement until you have had a chance to speak with an attorney.
2) How do I determine how much money I am entitled to as a result of the accident?
In determining the value of the case, attorneys must consider a combination of factors, including lost wages, pain and suffering, permanence of the injury, any scarring or disfigurement, loss of consortium, periods of disability, etc. Determining the value of a case is an art rather than a science. The amount of medical bills incurred will be an important factor in determining the value of the case.
3) Does Rhode Island have a statute of limitations for personal injury cases?
There is a three-year statute of limitations for filing a malpractice lawsuit in Rhode Island. If you do not file a claim 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 injury against a city or town, there are very strict reporting requirements.
4) What if I am injured and the other party is at fault but does not have insurance?
You have the legal right to file a claim against the person or corporation whose negligence caused your injury. However, in many cases the negligent party does not have the assets or funds to pay for their damages. As long as you have uninsured or underinsured motorist protection, you can file a claim against your own insurance company for uninsured or underinsured claims.
5) How do I recover if a motorist hits a hit and runs?
If you have uninsured motorist protection with your own insurance company, you may have the right to file a claim against your own insurance company.
Disclaimer from Rhode Island attorneys under the RI Professional Liability Rules:
The Rhode Island Supreme Court licenses all attorneys in the general practice of law, but does not license or certify any attorney / attorney as an expert or specialist in any field of practice.