Claims that fall under the state or federal Tort Claims Act have:
A shorter statute of limitations.
Although government claims have a two-year statute of limitations, victims must notify the appropriate government of an accident with a municipal vehicle within six months from the date of their injury. The government then has at least six months to investigate the administrative claim before the injury suit may be filed.
Shorter timeframe for appeal.
The statute of limitations may change based on the government’s response to the administrative claim. If the claim is denied, victims must file a request for reconsideration of the administrative claim within six months of the date of a written denial. After this period, the victim has no recourse to sue—even if the two-year statute of limitations has not yet expired.
Damage caps.
In all but the most extreme circumstances, the amount recoverable in a tort action against the state of Rhode Island is limited to a maximum of $100,000.
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