Types of Damages in Providence, RI Personal Injury Cases

When you’ve been injured due to someone else’s negligence in Rhode Island, the aftermath can be overwhelming. Medical bills start piling up, you might be unable to work, and the pain and suffering can take a toll on your daily life. It’s during these tough times that understanding your rights to compensation becomes crucial.

In Rhode Island personal injury cases, there are various types of damages you may be entitled to receive. These damages are designed to help make you “whole” again, as much as possible after an accident. Whether you’ve been in a car crash, slipped and fallen on someone’s property, or been injured by a defective product, knowing what compensation you can seek is the first step in getting the justice and support you deserve.

Compensatory Damages

Compensatory damages are the most common type of redress awarded in personal injury cases.

They are intended to make the injured party “whole” again as if the injury had never occurred.

State law divides these into two main categories: economic and non-economic damages.

Economic (Special) Damages

Special damages refer to the out-of-pocket, quantifiable financial losses you’ve suffered due to your injury.

Common economic damage claims include:

• Medical expenses: Covering all medical costs related to your injury, including hospital bills, medication, physical therapy, and future medical care.
• Lost wages: Compensation for missed work or loss of earning capacity caused by an injury.
• Property damage: Personal assets lost from the incident, including repair or replacement costs.

You must prove your alleged economic losses when bringing personal injury action. Always keep detailed records of all expenses related to your harm, including receipts, invoices, and pay stubs.

Non-Economic (General) Damages

This category compensates for the intangible losses that arise naturally from your injury.

General damages may include:

• Pain and suffering: referring to the physical pain and emotional anguish your injury caused.
• Emotional distress: mental health issues like anxiety, depression, or post-traumatic stress disorder (PTSD) arising from the accident.
• Loss of enjoyment of life: when the harm prevents you from participating in activities you once enjoyed.
• Loss of consortium: compensates for losing companionship and support from a spouse or partner due to the injury.

Despite not needing to prove these losses in your claim, quantifying non-economic damages can be challenging since they don’t have a clear monetary value.

An experienced personal injury attorney can help you determine a fair amount to seek based on the severity of your injury and its impact on your life.

Punitive Damages for Gross Negligent Behavior

In rare cases, Rhode Island courts may award punitive damages in addition to compensatory damages.

Exemplary remedies punish the defendant for outrageous conduct and deter others from committing similar acts.

Juries only award punitive damages when the defendant’s actions were willful, malicious, or reckless.

Calculating Damages in Rhode Island

Rhode Island courts and juries consider several factors when determining the damage awards in personal injury cases.

• Severity of the injury.
• Long-term impact on the plaintiff’s life.
• Strength of evidence supporting the claim.
• Skill of the attorneys involved.

Expert witnesses, such as medical professionals and economists, play a role in determining the appropriate amount of damages to award an accident victim.

However, Rhode Island follows pure comparative negligence rules under R.I. Gen. Laws § 9-20-4, meaning that if the courts or insurers find you partially at fault for your injury, they will reduce your award proportionally.

Insurance Company Impacts on Personal Injury Claims

Insurers play a significant role in the settlement of personal injury claims.

However, you should understand their primary objective during the claims process: to always protect their financial interests.

How insurers meet their objectives

• Insurance companies train their adjusters to minimize payouts to claimants.
• Adjusters try to settle claims quickly and for less than the claimant deserves.

How do companies minimize payouts?

• Offer low initial settlements.
• Pressure claimants to accept a settlement before fully understanding their rights.
• Dispute the severity of the claimant’s injuries.
• Attempt to shift blame onto the claimant.

Don’t let insurers take advantage of you during a challenging time.

Seek the guidance of a knowledgeable Providence personal injury lawyer to handle the complex world of insurance claims and settlement negotiations.

Pre-Existing Conditions and Damage Awards

You may still be entitled to compensation if you have a pre-existing medical condition aggravated or exacerbated by your injury.

However, you will need to prove that the incident was the actual and foreseeable cause of a significant worsening of your condition.

Causation in personal injury action

To show this casual relationship, you’ll need to demonstrate that your condition was stable or manageable before the accident and that the defendant’s carelessness led to a noticeable decline in your health or an increase in symptoms.

Proving causation 

Establishing causal links in personal injury claims can be challenging, as opposing counsel for insurance companies often argue that your current medical issues are solely the result of your pre-existing condition.

This situation is where working with an experienced personal injury attorney makes a significant difference in the outcome of your case.

Your attorney will prove causation by:

• Thoroughly examining your medical history.
• Documenting how the incident has impacted your pre-existing condition.
• Comparing medical records from before and after the incident.
• Obtaining testimony from your treating physicians and other medical professionals.

How expert testimony helps

Through testimony, medical experts and other professionals can help establish:

• A clear link between the incident and the worsening of your condition.
• The impact the accident has had on your daily life, your ability to work, and your overall well-being

Your attorney can prove you deserve compensation by presenting a solid case backed by medical evidence.

Eggshell Claimants in Rhode Island

It’s worth noting that even if your pre-existing condition made you more susceptible to injury, this does not excuse the at-fault party of liability.

Under the “eggshell plaintiff” rule, Rhode Island defendants must take personal injury claimants as they find them, meaning that if a person with a pre-existing condition suffers a more severe injury than a healthy person would have under the same circumstances, the defendant is still liable for the full extent of the damages.

Statute of Limitations for Personal Injury Claims

The statute of limitations for most personal injury claims in Rhode Island is three years from the date of the injury.

This rule means that you must file your lawsuit within three years, or you may lose your right to seek compensation.

There are some exceptions to this rule, such as cases involving minors or injuries that were not immediately discoverable.

After your injury, consulting with an attorney as soon as possible can help ensure you meet all deadlines and preserve your legal rights.

Maximizing Your Damage Award

To maximize your potential damage award in a Rhode Island personal injury case, consider the following tips:

• Seek medical attention promptly after your injury and follow all treatment recommendations.
• Document all losses and expenses related to your injury, including medical bills, lost wages, and property damage.
• Choose a reputable personal injury law firm with a record of successful outcomes in cases like yours.
• Be honest and forthcoming throughout the legal process, as inconsistencies or omissions can hurt your case.

Don’t let confusion about damages keep you from getting the full compensation you’re entitled to. If you’ve been injured in Rhode Island, you have rights, and we’re here to protect them.

Our experienced personal injury attorneys understand the complexities of Rhode Island law and will fight tirelessly to ensure you receive every type of damage applicable to your case. From medical expenses to lost wages, pain and suffering to loss of enjoyment of life, we’ll make sure nothing is overlooked.

Contact Louis W. Grande Injury Lawyer today for a free consultation.