Personal injury lawsuits arise from a wide range of accidents and injuries, such as slip and falls, car accidents, medical malpractice, and more. If you’re considering filing a personal injury lawsuit in Rhode Island, it’s important to understand the time limits, or statutes of limitations, that apply to your case. These statutes set strict deadlines for filing a lawsuit, and failing to file within the allotted time frame can bar you from seeking compensation altogether.
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Statute of Limitations for Personal Injury Lawsuits in Rhode Island
The statute of limitations for personal injury lawsuits in Rhode Island is three years, meaning that you must file your lawsuit within three years from the date of the accident or injury. This applies to almost all personal injury cases, including car accidents, slip and falls, dog bites, and medical malpractice.
There are a few important things to keep in mind about the statute of limitations in Rhode Island:
- The clock starts ticking on the date of the accident or injury, not on the date you discover the injury or decide to pursue a lawsuit.
- If you miss the three-year deadline, you will likely be barred from bringing a lawsuit and seeking compensation for your injuries.
- It’s important to consult with a Rhode Island personal injury attorney as soon as possible after your accident or injury to ensure that you don’t lose your right to file a lawsuit.
Exceptions to the Statute of Limitations
While the three-year statute of limitations applies to most personal injury cases in Rhode Island, there are some exceptions to the rule. In some cases, the deadline for filing a lawsuit may be shorter or longer than three years.
Medical Malpractice
In Rhode Island, the statute of limitations for medical malpractice cases is different from other personal injury cases. If you’re filing a medical malpractice lawsuit in Rhode Island, you must file within three years from the date of the injury or one year from the date you discovered the injury, whichever comes first. There is also a hard cap on the statute of limitations for medical malpractice lawsuits, meaning that you cannot bring a lawsuit more than three years from the date of the injury, regardless of when you discovered it.
Government Entities
If your accident or injury involves a government entity, such as a city or state agency, the rules for filing a lawsuit may be different. In Rhode Island, you are generally required to file a notice of claim with the government entity within three years from the date of the accident or injury. You must then wait at least six months before filing a lawsuit. The deadline for filing a lawsuit after the notice of claim is filed can vary depending on the circumstances, so it’s important to consult with an attorney if you’re planning to sue a government entity.
Minors
If the person injured in the accident is a minor, the three-year statute of limitations may not apply. In Rhode Island, the statute of limitations for minors is “tolled,” or suspended, until the child turns 18 years old. This means that the child has until their 21st birthday to file a personal injury lawsuit.
Why You Need to Act Quickly
The statute of limitations for personal injury lawsuits in Rhode Island is relatively short compared to other states. This means that it’s important to act quickly if you’re considering filing a lawsuit. There are a number of reasons why you should consult with an attorney and pursue legal action as soon as possible after your injury, including:
- Evidence can disappear or become less reliable over time, which can make it harder to prove your case.
- Witnesses’ memories can fade, making it more difficult to obtain testimony.
- You may need to undergo medical treatment and rehabilitation, which can be costly. Pursuing legal action can help you recover the costs associated with your medical treatment.
- You may be eligible for compensation for lost wages, pain and suffering, and other damages related to your injury. Filing a lawsuit can help you obtain the compensation you need to move forward with your life.
Consult with a Rhode Island Personal Injury Attorney
If you’ve been injured in an accident or due to another party’s negligence, it’s important to act quickly. Filing a personal injury lawsuit can help you recover the compensation you need to cover medical expenses, lost wages, and other damages associated with your injury. But in order to succeed in your lawsuit, you need an experienced personal injury attorney on your side.
A Rhode Island personal injury attorney can review the facts of your case, help you understand your legal options, and guide you through the process of filing a lawsuit. If you’re considering pursuing legal action, contact a personal injury attorney today to schedule a consultation and protect your rights.