Breach of duty.
Once you have shown that you were owed a duty of care, you must then prove that the owner breached that duty of care in some way. Owners can be liable if they knew about a dangerous condition and did nothing; but also, if a reasonable person in that same position would have known the condition to be dangerous.
Direct harm.
The next step in obtaining compensation is proving that you suffered actual harm directly caused by the owner’s negligence. This includes not only totaling your losses from medical bills, wages, and other expenses but also proving that each cost was incurred as a direct result of the accident.
To determine how much compensation you may be owed depends on your portion of fault for the accident. Injury victims can be up to 99 percent at fault for an accident and still be eligible for damages in Rhode Island. However, damages are awarded based on the amount of fault each party had for the accident. If the court finds that you were not paying attention, were acting carelessly, or otherwise were partially to blame for your injuries, the amount awarded will be reduced by your percentage of fault.
The amount of compensation you receive can increase or decrease at each step of the process, so it is best to speak with an injury attorney as soon as possible to learn your options.
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