If you have sustained serious losses as a result of a sudden injury, you might wonder if you should file a lawsuit to recover the costs of your medical bills and lost income. While this may be the best way to get compensation, state laws control who can sue, who can be sued, and how much can be recovered in Rhode Island accident cases.
State Laws That Play a Part in a Rhode Island Injury Case
Most injury cases are civil lawsuits, meaning they are subject to state laws controlling when cases may be filed. Three factors that commonly affect a Rhode Island injury claim include:
- Liability laws. A victim can file a lawsuit against a property owner who failed to keep his property safe or an at-fault driver whose negligence caused a crash. However, there are limitations on who may be held liable in injury claims. For instance, employers who are covered by workers’ compensation insurance cannot be sued for the costs of an injury.
- Comparative negligence laws. Under Rhode Island Laws, a person can still file an injury lawsuit if his own actions contributed to his injuries. For instance, if you were injured while attending a party at someone’s house, the homeowner can be liable if the home was not reasonably safe for guests. However, if you were engaging in an unsafe activity (such as leaning over a railing or walking on the roof), you could share some portion of fault for your injuries. If you win this claim, your damages will be reduced by the same percentage of your fault for the injury.
- Statute of limitations. Every state has laws dictating how long a victim has to file a claim after an accident. In Rhode Island, victims have three years from the date of a slip and fall, car accident, medical malpractice, product liability, or other personal injury to file a lawsuit.
Whether you suffered a car accident, slip and fall, or other injury, you will be required to prove that someone’s negligence directly resulted in your suffering. Our attorneys can gather evidence and build a case that will help you to recover payment for your out-of-pocket costs and pain and suffering damages. Contact Kirshenbaum & Kirshenbaum via our online contact form to schedule an initial consultation at no cost to you.