Rhode Island Personal Injury Lawyer

When you are hurt because someone else failed to act reasonably, Rhode Island law gives you the right to seek compensation, often called “damages”, for every loss the injury causes. A personal injury claim allows you to hold negligent parties accountable, from medical bills and lost wages to the ripple effects on your family life. Understanding the legal landscape is critical because Rhode Island has its deadlines, procedural hoops, and plaintiff-friendly rules that differ from neighboring states. This in-depth article explains the fundamentals, highlights the quirks, and offers practical guidance so you can make informed decisions before, during, and after a claim.

Rhode Island follows a pure comparative negligence model codified at R.I. Gen. Laws § 9-20-4. Under this rule, every party’s fault is assigned a percentage, and your final award is reduced only by your share, even if you were 99 percent to blame. You will never be barred from recovery solely because you were mostly at fault. This plaintiff-friendly rule is markedly different from the “50 percent bar” applied just across the border in Massachusetts.

Adding to that, the plaintiff's orientation, Rhode Island retains pure joint and several liability. An injured person may collect the entire judgment from any single defendant, regardless of that defendant’s percentage of fault, leaving defendants to sort out contribution among themselves. This combination—pure comparative negligence plus pure joint and several liability—dramatically shapes settlement leverage and trial strategy.

Most personal injury lawsuits must be filed within three years of the date the claim “accrues,” typically the injury date. Miss the deadline, and the court will dismiss your case, no matter how meritorious.

Key exceptions and special clocks include:

• Discovery rule: The three years may start when the injury is (or should have been) discovered, common in toxic-exposure or medical-malpractice scenarios.
• Minors and the incapacitated: The clock is tolled until the disability ends, after which the standard three-year period begins.
• Product liability: Rhode Island once had a 10-year statute of repose; although courts found it unconstitutional, defendants still gain a rebuttable presumption that the product was safe after 10 years in commerce.
• Wrongful death: Suit must be filed within three years, but the cause of action vests in the executor or administrator of the estate, not individual relatives.
• Claims against towns, cities, or the state: Written notice of injury on a public highway, bridge, or sidewalk must reach the municipality within 60 days, and the municipality then gets forty days to resolve the claim before suit may commence.

Missing a preliminary notice window can be just as fatal as missing the statute of limitations itself, so act quickly.

Rhode Island imposes no statutory ceiling on economic, non-economic, or punitive damages in ordinary personal injury actions. The state’s prejudgment-interest statute adds 12 percent annual interest to any damages award from the date of the accident (not the lawsuit) until judgment is entered. This rule, found in R.I. Gen. Laws § 9-21-10, routinely increases verdict value by tens of thousands of dollars and can pressure insurers to settle early.

Because there is no cap, juries (or insurance adjusters during settlement) may fully compensate:

• Economic damages: medical expenses, rehabilitation, lost income, diminished earning capacity, household services, and out-of-pocket costs.
• Non-economic damages: pain, suffering, disability, emotional distress, loss of enjoyment of life, and loss of consortium for spouses.
• Punitive damages: awarded when a defendant’s conduct is malicious, willful, or reckless. They are also available in wrongful-death suits if the decedent could have recovered them had they survived.
• Statutory minimum in wrongful-death: surviving beneficiaries are entitled to not less than $250,000 plus any proven losses.

• Motor-Vehicle Collision. Rhode Island is an at-fault auto-insurance state. All drivers must carry at least $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage (25/50/25). Because medical inflation quickly exhausts minimum limits, uninsured/underinsured-motorist (UM/UIM) coverage is essential; by statute, insurers must make UM/UIM available in limits equal to, or greater than, liability coverage unless the customer rejects it in writing.
• Premises Liability. Property owners and occupiers must keep their premises reasonably safe. Rhode Island follows a traditional “status” approach—invitee, licensee, trespasser—but courts increasingly analyze foreseeability and the owner’s opportunity to correct hazards. Comparative-fault assessments are common in slip-and-fall trials.
• Dog Bites. Rhode Island imposes strict liability when a bite or attack occurs off the owner’s premises, and double damages for a second offense. On-premises incidents still impose liability if the plaintiff proves at least one prior bite or the owner’s knowledge of dangerous propensities.
• Medical Malpractice. Although the general three-year statute applies, the discovery rule often extends the filing time because negligence may not be evident right away. Rhode Island does not impose a damages cap on medical-malpractice awards, but parties must follow specialized procedural rules, including pre-suit notice and expert-affidavit requirements.
• Product Liability. Plaintiffs may plead strict liability, negligence, breach of warranty, or a combination thereof. Even though the former 10-year statute of repose has been deemed unconstitutional, defense counsel often argue the presumption of safety for older products; early expert review is vital.
• Wrongful-Death. Only the executor or administrator of the estate may file, but damages ultimately flow to statutory beneficiaries. Recoverable categories include medical and funeral expenses, lost financial support, and non-economic harm such as loss of companionship. Punitive damages are authorized by statute when the conduct warrants punishment.

• Investigation & Claim Notice
  Preserve evidence immediately—scene photos, witness statements, and medical records. In auto cases, notify your carrier (and consider medical-payments or PIP benefits).
• Pre-Suit Negotiation
  Insurers must respond to a proper settlement demand within a reasonable time. Rhode Island recognizes the cause of action of bad-faith refusal to settle, adding leverage in serious cases.
• Filing the Complaint
  Once filed in the appropriate Superior Court, defendants have 20 days to answer. Early filing stops the statute-of-limitations clock and triggers prejudgment interest.
• Discovery
  Written interrogatories, document requests, depositions, and—in medical cases—Rule 35 IME exams flesh out liability and damages.
• Alternative Dispute Resolution
  Most counties encourage confidential mediation; some judges mandate settlement conferences before trial.
• Trial
  Rhode Island provides for jury or bench trials. Because of pure comparative negligence, jurors may assign any fault percentages they deem fair. After the verdict, the clerk adds 12 percent interest and enters judgment.
• Post-Trial & Appeal
  Parties may move to add additur/remittitur, challenge punitive awards, or appeal to the Rhode Island Supreme Court.

• Seek immediate medical attention and follow through on treatment to create a contemporaneous record.
• Document everything—keep a pain diary, preserve damaged property, and store all receipts.
• Stay off social media. Defense teams monitor posts for contradictions about your injuries or activities.
• Consult counsel early. A lawyer ensures compliance with notice statutes, identifies all potential defendants, and maximizes early-resolution leverage by quantifying prejudgment interest.

For more than two decades, our firm has helped accident victims across Providence, Newport, and the entire Ocean State recover the compensation they deserve. We combine deep local knowledge with the resources of a regional litigation practice. Our fee is contingent—we do not get paid unless you do. From the moment you hire us, we shoulder the paperwork, negotiate with insurers, and, when necessary, present a compelling case to a Rhode Island jury.

Whether you were rear-ended on I-95, slipped on an icy sidewalk in Pawtucket, or lost a loved one because a medical provider cut corners, you deserve relentless advocacy and honest answers. That is exactly what Jeffrey Glassman Injury Lawyers delivers.

Rhode Island’s personal-injury framework blends strict deadlines, generous damage rules, and unique plaintiff protections such as pure comparative negligence and 12 percent prejudgment interest. Yet those advantages evaporate if you miss a notice requirement, undervalue future medical costs, or fail to anticipate comparative-fault defenses. The best way to safeguard your rights is to partner with an attorney who understands the Ocean State’s nuances and fights for the full measure of justice the law provides.

If you have questions about an injury or want a free, no-obligation case review, contact Jeffrey Glassman Injury Lawyers today. We are here to help you navigate the legal process, so you can focus on healing and rebuilding your life.