If someone else’s carelessness injured you in Rhode Island, you may be considering filing a personal injury claim.
However, you should know that you only have a limited time to do so.
This time limit is known as the statute of limitations (statute of limitations), and it varies depending on the type of case and the jurisdiction where the injury occurred.
Statute of Limitations for Personal Injuries
The general statute of limitations for personal injury cases in Rhode Island is three years from the date of the injury, according to Rhode Island General Laws § 9-1-14.
This rule means that if you fail to make a claim within three years from the date of your injury, you may lose your right to compensation for damages.
You should also note that missing the statute of limitations deadline is not negotiable.
If you attempt to file a lawsuit after the deadline, the courts will likely dismiss your case and bar you from pursuing your claim, regardless of its merits.
When the Clock Starts Ticking
Sometimes, the courts may extend the statute of limitations under the “discovery rule.”
This law applies when an injury is not immediately apparent or discoverable when it occurs.
Discovery Rule in Rhode Island
Under the discovery rule, the statute of limitations begins to run when the injured party discovers or reasonably should have discovered the injury and its connection to the defendant’s actions.
For example, if you underwent a medical procedure and experienced complications years later due to a medical professional’s negligence, the discovery rule may allow you to file a lawsuit within three years of discovering the injury rather than three years from the procedure date.
Exceptions to the Rhode Island Personal Injury Statute of Limitations
While the general statute of limitations for personal injury cases in Rhode Island is three years, there are some exceptions to this rule:
Minors and Legal Disabilities
If the injured party is a minor or has a legal disability at the time of the injury, a judge can extend the statute of limitations until after the disability is removed or the minor reaches a majority age.
Defendants Who Leave The State
Similarly, if a party leaves Rhode Island after an injury occurs and before the lawsuit is filed, the courts may not count the time the individual is absent from the state as part of the three-year statute of limitations.
Continuing Injuries
In some cases, such as those involving exposure to toxic substances, the law extends the statute of limitations if the courts consider the injury “continuing” and the harmful exposure occurs over an extended period.
Statutes of Limitations in Specific Personal Injury Cases
Some types of personal injury cases in Rhode Island have their own statutes of limitations.
Medical Malpractice
The statute of limitations for medical malpractice cases is three years from the date of the injury, or the date when the injury should have been discovered, but no more than five years from the date of the alleged negligent act, according to Rhode Island General Laws § 9-1-14.1.
Product Liability
Rhode Island’s product liability law holds manufacturers, designers, and sellers responsible for injuries caused by defective products. The statute of limitations for product liability cases is generally three years from the date of the injury or the date the injury should have been discovered, but at most ten years after the purchase date.
Wrongful Death
In cases involving wrongful death, the statute of limitations is generally three years from the date of the person’s death rather than the date of the injury that led to the death. The time limits for loss of consortium claims related to wrongful death are typically the same as the wrongful death statute of limitations.
Why Acting Quickly in Personal Injury Cases is Necessary
In addition to ensuring that you file your personal injury lawsuit within the statute of limitations, there are other reasons to act fast when pursuing a claim.
Preserving Evidence
Over time, evidence related to your case may be lost or destroyed. You can help preserve that crucial evidence by starting the legal process promptly.
Gathering Witness Statements
Witnesses’ memories may fade, or individuals may find it more difficult to locate as time passes. Obtaining witness statements soon after the incident strengthens your case.
Avoiding Complications with Insurance Companies
Insurance companies may have their own deadlines for filing claims, and delays in taking action could lead to claim delays or denials of coverage.
How Our Rhode Island Personal Injury Attorneys Help
Personal injury lawsuits and filing deadlines can be a nightmare to handle alone. Working with an attorney allows you to focus on your recovery, while they take care of the legal work.
Our personal injury lawyers will:
- Evaluate your case and determine the correct statute of limitations in your jurisdiction.
- File your claim within the proper time frame.
- Represent your interests throughout the legal process and fight for the settlement or jury award you deserve
Even better, we take on your case at no upfront cost, so you have one less thing to worry about.
If you’ve been injured in Rhode Island, don’t wait to seek legal help. Contact our personal injury attorneys as soon as possible to discuss your case and protect your rights.
Debunking Two Common Misconceptions About the Rhode Island Personal Injury Statute of Limitations
Two common misconceptions exist about the statute of limitations for Rhode Island personal injury cases.
MYTH: The statute of limitations is always extended if the injured party is unaware of the injury.
REALITY: While the discovery rule may extend the statute of limitations in some cases, it is not automatic and depends on the case’s specific circumstances.
MYTH: Filing an insurance claim is the same as filing a lawsuit.
REALITY: Filing an insurance claim is not the same as filing a lawsuit, and it does not extend the statute of limitations for filing a personal injury lawsuit in court.
Consult Our Personal Injury Attorneys Today
You must file your Rhode Island personal injury claim within the state’s statute of limitations deadlines to obtain an award to support your recovery.
Contact a Louis W. Grande Injury Lawyer today to pursue your claim on time and within the applicable statute of limitations.
We offer free consultations to discuss your options, where you’ll learn more about how the statute of limitations affects your case.
Remember, time is of the essence, so don’t wait – let our personal injury lawyers protect your claim rights so you can begin your journey toward recovery.
Author Bio
Louis W. Grande is a Providence personal injury lawyer who founded his Rhode Island law firm of the same name in 2010. With more than 32 years of experience practicing law, he has successfully represented clients in a wide range of legal matters, including car accidents, premise liability, dog bites, medical malpractice, product liability, and other personal injury actions.
Louis received his Juris Doctor from the Hamline University School of Law and is a member of the Rhode Island Bar Association. He has received numerous accolades for his work, including being awarded Lifetime Achievement in 2017 by America’s Top 100 Attorneys and being named among the Top 100 Trial Lawyers and Top 25 Motor Vehicle Trial Lawyers in 2017.
