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Rhode Island
Personal
Injury Law
The following summary of Rhode Island personal injury laws and case
types will help give you a better understanding of the
important aspects of injury claims in this state.
Rhode Island Statute of Limitations:
General
Personal Injury: 3 years
Medical
Malpractice: 3 years
Veterinary
Malpractice: 3 years
Product
Liability: 10 years from date of purchase
Wrongful
Death: 3 years
Intentional
Torts: 1 year; 7 years for childhood sexual abuse cases; 3
years against non-perpetrator defendant
Caps on Personal Injury Awards in Rhode Island:
There is no cap or limit on personal injury awards or damages in the
state of Rhode Island.
Rhode Island Serious Injury Threshold:
There is no serious injury threshold in Rhode Island.
Rhode Island is a Fault state and follows the pure comparative
negligence theory meaning that there is no bar to recovery based upon
the fault of the injured party, up to 99%.
Types of Personal Injury Claims &
Theories of Liability in Rhode Island:
Medical Malpractice Case:
When medical doctors do not perform according to the standards of
professional practice, they can be held liable for any damages that
result. In these cases it must be shown that the health professional
was negligent in their administration of care.
Wrongful
Death Case: If a victim dies as a result of the negligence of
another party, whether that was due to premises liability, an auto
accident or medical malpractice for example, the negligent party can be
liable to the victim's estate.
Slip and
Fall Accident: If a party is injured in any way due to a
condition on the property that the property owner knew or should have
known about, failed to warn about, or in some way concealed, the
property owner will be liable under a theory of premises liability.
Auto
Accident Claim: These injuries occur when a negligent driver
causes an accident due to his/her conduct. Drivers owe those on the
road a duty to drive in a manner free of careless or reckless behavior.
When their conduct falls below this standard and an injury occurs, they
will be liable.
Product
Liability Lawsuit: Products are placed in the stream of
commerce to perform in a particular way. If that product fails to
perform in the way it was expected due to design defect, faulty
manufacture or negligent distribution, any member in the chain of
production may be strictly liable for injuries that occur.
Workers'
Compensation Law: In the state of Rhode Island employers are
required to carry workers compensation insurance, therefore it is
considered compulsory. When an employee is injured while working, the
employer will be responsible for compensating the injured party.
For More
Information Check out these sites:
Rhode
Island Government Website
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Injury Laws
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