Warwick, Rhode Island Personal Injury Lawyers Handling a Wide Variety of Injury Situations

If someone else's negligence left you injured in Rhode Island, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Kirshenbaum & Kirshenbaum has represented injured Rhode Islanders throughout Providence, Warwick, Cranston, Newport, and Pawtucket for more than 90 years, and we try our own cases rather than handing them off to outside trial counsel.

What Qualifies as a Personal Injury Claim in Rhode Island?

A personal injury claim arises when one party's careless or wrongful conduct causes physical, emotional, or financial harm to another. Rhode Island law requires an injured person (the plaintiff) to prove four elements to recover compensation from the at-fault party (the defendant):

• Duty: The at-fault party owed you a duty to act with reasonable care under the circumstances.
• Breach: They failed to meet that duty, whether through a distracted driver running a red light, a property owner ignoring a hazard, or a doctor deviating from the accepted standard of care.
• Causation: That breach directly caused your injury, and the harm was a reasonably foreseeable result.
• Damages: You suffered actual, measurable harm as a result, whether medical expenses, lost income, or pain and suffering.

When all four elements are present, you have a viable personal injury case. Our attorneys evaluate each of these elements carefully during your free consultation so you understand where your claim stands from day one.

Types of Personal Injury Cases We Handle in Rhode Island

Kirshenbaum & Kirshenbaum deliberately limits its practice to personal injury, workers' compensation, and family law rather than spreading across unrelated areas of law. Within personal injury, our attorneys regularly handle:

• Motor vehicle accidents, including car accidents, truck and commercial vehicle accidents, motorcycle accidents, bicycle accidents, distracted driving crashes, and drunk driving accidents
• Pedestrian accidents, including crosswalk and parking lot collisions
• Premises liability and slip and fall injuries caused by hazardous property conditions
• Medical malpractice, including misdiagnosis, surgical errors, and birth injuries
• Nursing home abuse and neglect
• Dog bites and animal attacks
• Product liability claims involving defective or dangerous products
• Wrongful death claims on behalf of surviving family members

Every case is different, but the same core question drives all of them: did someone else's negligence cause you harm they should be held financially responsible for? Our guide to the different types of personal injury cases in Rhode Island goes into more detail on how these categories differ.

What Compensation Can I Recover After a Rhode Island Injury?

Rhode Island law allows injury victims to pursue both economic and non-economic damages:

• Economic damages cover quantifiable losses: medical bills (past and future), lost wages, lost earning capacity, property damage, and out-of-pocket expenses related to your recovery.
• Non-economic damages compensate for harm that doesn't come with a receipt: physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and permanent impairment.

In cases involving a death caused by negligence, surviving family members may also pursue a wrongful death claim for funeral expenses, loss of financial support, and loss of companionship. For a deeper look at how these categories are calculated, see our explanation of how the value of a Rhode Island personal injury case is determined and our overview of damages available in a Rhode Island personal injury case.

How Does Rhode Island's Comparative Negligence Law Affect My Claim?

Many injury victims worry that being partially at fault will bar them from recovering anything. In Rhode Island, that isn't the case. Under Rhode Island General Laws § 9-20-4, the state follows a pure comparative negligence rule. That means you can recover compensation even if you were partially, or even mostly, responsible for causing your own injury, though your award is reduced by your percentage of fault. For example, if a jury determines your damages total $100,000 but finds you 20% at fault, you would still recover $80,000.

This is a meaningfully more favorable rule than neighboring states like Massachusetts and Connecticut, which cut off recovery entirely once a plaintiff is found more than 50% at fault. Insurance adjusters routinely try to shift blame onto injured victims specifically because it reduces what they have to pay, which is one of the most common reasons to have an attorney review any liability arguments an insurer raises. Read more in our full breakdown of Rhode Island's comparative fault laws.

How Long Do I Have to File a Personal Injury Lawsuit in Rhode Island?

Under Rhode Island General Laws § 9-1-14, most personal injury lawsuits must be filed within three years of the date of the injury. Wrongful death claims must generally be filed within three years of the date of death. Missing this deadline typically bars you from recovering compensation entirely, regardless of how strong your case is.

Three years may sound like a long time, but evidence disappears quickly: surveillance footage gets overwritten, witnesses move away or forget details, and insurance companies use every month of delay to their advantage. We recommend speaking with an attorney as soon as possible after an injury rather than waiting. For case-specific deadlines, see our detailed page on the Rhode Island statute of limitations for personal injury cases.

What Does It Cost to Hire a Rhode Island Personal Injury Lawyer?

Kirshenbaum & Kirshenbaum represents personal injury clients on a contingency fee basis: you pay no attorney's fees unless we recover compensation for you. There is no upfront retainer and no hourly billing. This arrangement lets injured Rhode Islanders retain experienced counsel regardless of their financial situation while their focus stays on medical treatment and recovery. Learn more about how contingency arrangements work in our guides on the costs of hiring a personal injury lawyer and the potential costs of hiring a Rhode Island personal injury attorney.

What Should I Do After Being Injured in Rhode Island?

1. Get medical attention. Your health comes first, and a medical record ties your injuries to the incident date.
2. Document the scene with photos and, if possible, contact information for any witnesses.
3. Report the incident to the appropriate party, whether that's police, a property owner, or an employer.
4. Avoid giving recorded statements to an insurance adjuster before speaking with an attorney.
5. Keep records of medical bills, missed work, and any related expenses.
6. Contact an experienced Rhode Island personal injury lawyer before the insurance company's initial offer becomes your only option.

See our related answer on how long it typically takes to resolve a personal injury case in Rhode Island for a realistic sense of the timeline ahead.

Why Choose Kirshenbaum & Kirshenbaum

Kirshenbaum & Kirshenbaum has represented injured Rhode Islanders since 1933. Our personal injury team, led by Christopher L. Russo, has secured results including a $3,160,983 recovery in a construction zone car accident case, and we try our own cases rather than referring them out to trial counsel when negotiations stall. We work on a contingency basis, we serve clients across Providence, Warwick, Cranston, Newport, and Pawtucket, and we handle every stage of a claim, from the initial investigation through settlement negotiations or trial.

Frequently Asked Questions

What is the difference between a personal injury claim and a lawsuit?

A personal injury claim is a demand for compensation, often resolved through negotiation with an insurance company. A lawsuit is a formal legal action filed in court when a claim cannot be resolved through negotiation. Most personal injury cases in Rhode Island settle before trial, but preserving your right to sue within the three-year statute of limitations protects your options either way.

Do I have a case if I was partly at fault for my injury?

Yes. Rhode Island's pure comparative negligence rule under R.I. Gen. Laws § 9-20-4 allows you to recover compensation even if you share some responsibility for the incident, with your award reduced in proportion to your percentage of fault.

How long does a personal injury case take to resolve in Rhode Island?

Timelines vary based on the severity of the injury, whether liability is disputed, and whether the case settles or proceeds to trial. Straightforward claims may resolve in a few months, while more complex or litigated cases can take a year or longer, particularly if you are still receiving medical treatment.

What if the at-fault party doesn't have enough insurance to cover my injuries?

You may have options through your own underinsured or uninsured motorist coverage, or by pursuing other potentially liable parties, depending on the facts of your case. An attorney can identify all available sources of compensation.

Will my personal injury case go to trial?

Most cases settle before trial, but Kirshenbaum & Kirshenbaum prepares every case as though it will be tried in court. Insurance companies negotiate more seriously with firms known to actually try cases rather than settle for the first reasonable offer.

If you or a loved one has been injured due to someone else's negligence anywhere in Rhode Island, contact Kirshenbaum & Kirshenbaum today for a free, no-obligation consultation. There is no attorney's fee unless we recover compensation for you.

This content is for informational purposes only and does not constitute legal advice. Each case is unique, and past results do not guarantee future outcomes.