Personal Injury Claims & Lawsuits In Rhode Island

Common Types of Personal Injury Claims Filed in Rhode Island

Personal injury claims & lawsuits in Rhode Island can arise from incidents like motor vehicle accidents, medical malpractice and intentional torts. Knowing exactly which parties you can file against is essential.

Motor Vehicle Accident

Rhode Island is a fault state for collisions, so you would file a claim against the other party’s insurance after a crash. You can file a lawsuit directly against them, too.

As the plaintiff, you must show that the other party was negligent or wrongful. The defendant may try to blame you for the collision, but this typically won’t prevent you from recovering losses because Rhode Island has pure comparative negligence laws. Throughout the country, the trial success rate for car accidents is 64%.

General Injury

For most injury types, you can file a claim against the liable party’s general liability, homeowners or personal liability insurance. To file a lawsuit, you can target the defendant directly for their assets.

You will have to demonstrate that the other party failed to conduct themselves like a reasonable person, causing your losses. The defendant could try to blame you for the accident that resulted in your injuries or could claim that your losses are not as serious as you state. Nationwide, the trial success rate for general injury claims is 50%.

Workers' Compensation

If you’ve suffered a workplace injury or illness, you can file a claim against your employer’s insurance. You generally won’t be able to sue them, however. Instead, you can file a lawsuit against third parties who may be involved.

In workers’ compensation claims, you must show that you sustained a work-related injury or illness that prevented you from working. The defendant may try to minimize your losses or state that the injury didn’t occur at work. There aren’t any available statistics for workers’ compensation trial success rates.

Sexual Assault

After experiencing sexual assault, you can file a claim against the perpetrator’s personal liability insurance. You’ll most likely need to file a lawsuit, however, because of the high settlements these traumatic cases involve.

As the plaintiff, you’ll have to establish that you were involved in sexual activity against your consent or when you were not able to grant it. The defendant might claim that the activity was consensual or that the assault never occurred. The trial success rate for sexual assault cases isn’t available, but for intentional torts, it’s about 52%.

Dog Bite

It’s possible to file a claim against the other party’s homeowners and personal liability insurance after a dog bite. You can also begin a lawsuit against the owner of the dog or whoever was in charge of it at the time of the bite.

If the bite occurred away from the owner’s property, strict liability applies to these cases. If it happened on their property, then you must demonstrate that the dog’s owner knew the dog had attacked someone before and did nothing to prevent another bite. The defendant can claim that you were trespassing or that you provoked the dog.

The trial success rate for dog bites nationwide is 75%.

Slip and Fall

After falling, you can file a claim against the liable party’s homeowners or general liability insurance. You can often sue the property owner, too.

The plaintiff must establish that a slipping hazard existed, that the owner knew about it and that they did nothing to address it. The defendant could claim that you should have seen the hazard or that they didn’t know it was there. The success rate for slip and fall trials throughout the country is 39%.

Medical Malpractice

You can file a claim against the provider’s medical malpractice insurance. You might also be able to pursue a lawsuit against them and against the hospital or any other facility in which the defendant is an employee.

In these cases, the plaintiff needs to establish that they received subpar care. The defendant will fight to demonstrate that their care was appropriate. Medical malpractice trial success rates are between 21% and 30% nationwide.

Filing a Personal Injury Claim

When it comes to beginning personal injury claims & lawsuits in Rhode Island, it’s crucial to hire an attorney. They can lead you through sending a demand letter to the pertinent insurers. This letter will spell out your losses and the compensation you seek. Negotiations typically begin right after this. Most cases are settled out of court.

In Rhode Island, you usually have three years to file a claim, though the timeline can be shorter for medical malpractice cases. It’s important to act quickly.

Typical Personal Injury Settlement Amounts in Rhode Island

Throughout the country, the average settlement for car accidents is $30,416. Settlements for workers’ compensation average out to $44,179.

Sexual assault settlements in Rhode Island tend to fall between $900,000 and $1,500,000, and for dog bites, you can receive an average of $97,517. Medical malpractice claims see average settlements of between $200,000 and $300,000.

When You Need to File a Lawsuit

You will need to file a lawsuit if your claim has been denied, if there’s a dispute over fault or if the offers you receive are too low. Your lawyer can begin the lawsuit in the appropriate court and serve the defendant. Discovery will then start. Only up to 20% of cases become lawsuits. Of these, up to 5% go to court.

Get Matched With a Personal Injury Lawyer in Rhode Island

To file personal injury claims & lawsuits in Rhode Island, you need experienced representation to present a powerful claim. At ConsumerShield, we can connect you with vetted Rhode Island lawyers who can help. Fill out our simple contact form to get started.