How Long Do I Have to File A Rhode Island Personal Injury Claim?
Rhode Island statute of limitations refers to a law that limits the amount of time you have to press charges for a criminal offense or file a claim for a civil one. It’s essentially the cutoff for legal action.
Every state sets its own statute of limitations for personal injury claims, including Rhode Island. So, if you’ve been injured because of someone else’s negligence, it’s critical to get your claim in before the statute expires. Otherwise, you might lose your chance to get compensation.
Learn about Rhode Island’s personal injury statute of limitations below, and discover potential exceptions to extend the deadline.
What’s the Rhode Island statute of limitations on personal injury claims?
The statute of limitations for personal injury claims is three years in Rhode Island. The time limit starts on the date you received your injury.
Keep in mind that the filing window limits your amount of time to file a claim, not to settle it. It doesn’t matter if negotiations or a trial extend past the window. You only need to complete the filing process before the statute expires.
The Rhode Island statute of limitations for suing a city or town
If you want to file a personal injury claim against a Rhode Island city or town, not an individual or a private company, the statute of limitations can differ. For example, if you’re injured due to a damaged highway or bridge, you only have 60 days after the date of your injury to give notice of your injury to the town.
Filing a claim against the local government is complex and requires the aid of an experienced Rhode Island personal injury attorney.
Can the deadline for a case be extended?
Ordinarily, the statute of limitations is a hard deadline for personal injury claims. Filing after the statute has expired can result in your case being immediately dismissed. But a few special circumstances could result in a deadline exception, like the discovery rule.
What’s the “discovery rule” and how does it affect the statute of limitations?
The “discovery of harm rule” or the “discovery rule” is a principle stating that the time limit for the statute of limitations only starts when the victim discovers their injury or should have reasonably discovered it.
This rule may help people with delayed or “hidden injuries” seek compensation. For example, you may walk away from an incident feeling fine but later develop pain in areas like your head, neck, shoulders, or back.
The “should have” aspect is important since it places the burden of proof on the victim to “show they exercised reasonable diligence to discover the injury.” For example, going to the doctor after receiving the injury. This is why you should always accept medical help from first responders, even for minor accident injuries.
Additionally, Rhode Island courts have previously ruled that the discovery rule should only apply to certain types of cases, such as medical malpractice, not to general personal injury claims.
Other Rhode Island statute of limitations exceptions
Beyond the discovery rule statute of limitations, Rhode Island offers two more exceptions to the statute of limitations, including the following.
- If someone was injured as a minor, and no one filed a claim on their behalf within the statute of limitations, they have until they reach 21 years of age to file a lawsuit.
- Mental impairment. A person who had a “mental incompetence” at the time of the injury may file a claim up to three years after “the removal of the disability.”
How do you file a personal injury claim before the statute of limitations?
To file a personal injury claim in Rhode Island. You’ll start by collecting as much information about the incident and your injuries as possible. This can include medical records, photos or videos of the accident site, witness statements, and a police report.
In many cases, such as car accidents, you’ll file a claim with the other person’s insurance company. If the other person doesn’t have insurance or you suffered a hit-and-run, you can file a claim with your uninsured or underinsured motorist coverage.
You can also file a lawsuit directly against the other person or party. If you’re suing for $5,000 or less, it counts as a “small claim” and needs to be filed in the Rhode Island district court. If you’re suing for $10,000 or more, the claim belongs in Rhode Island Superior Court.
Where to find a Rhode Island personal injury lawyer for your case
Filing a personal injury claim on your own can be overwhelming, especially when you’re recovering from an injury. To simplify the process and focus on your recovery, let the legal team at Petrarca Law handle everything for you. We’ll take care of every step, from gathering your medical records to negotiating for the best settlement. We can also file claims in court on your behalf and fight for your rights in a civil trial.
Trust the lawyers who have successfully settled claims filed against the Providence City government. Contact us today so you can file before the statute expires and get the most out of your personal injury claim.