Personal Injury FAQ: Your Questions Answered
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Whether you were injured in a car accident on I-95, a slip and fall at a Providence business, a dog attack in Warwick, or a motorcycle crash anywhere in Rhode Island or Massachusetts, this page answers the questions we hear most often. Every answer reflects the actual law in the applicable state and is written to give you a clear, honest picture of your rights before you call anyone.
At the Law Offices of Michael F. Campopiano, we have spent nearly two decades answering these exact questions for injury victims across Rhode Island and Massachusetts. If your question isn’t here, call us at (401) 288-3888 — the consultation is free and you pay nothing unless we win.
General Process & Hiring a Lawyer
How do I know if I have a personal injury case?
You likely have a claim if: (1) someone else’s negligence caused your injury, (2) you suffered real damages — medical bills, lost wages, pain and suffering — as a result, and (3) there is insurance or other financial recovery available. The free consultation with MFC Law is designed specifically to answer this question for your situation. Call (401) 288-3888 and we will evaluate your case honestly.
How much does it cost to hire a personal injury lawyer in Rhode Island or Massachusetts?
Nothing upfront. MFC Law handles every case on a contingency fee. We take a percentage of what we recover for you, and only if we win. If there is no recovery, there is no attorney fee. You also pay nothing for the initial consultation. Learn more about how personal injury lawyers get paid in Rhode Island.
What percentage does a personal injury lawyer take in Rhode Island?
Typically 33% of the gross recovery if the case settles before a lawsuit is filed, and around 40% if a lawsuit is filed and the case proceeds. The exact percentage is set in a written retainer agreement before any work begins. Case expenses — court filing fees, expert witnesses, medical records — are advanced by the firm and deducted from the final settlement.
What is a contingency fee?
A contingency fee is a payment arrangement where the attorney’s compensation depends entirely on winning the case. The attorney takes a percentage of the recovery. If there is no recovery, there is no attorney fee. This lets injury victims access experienced representation with no upfront cost — leveling the field against insurance companies that have full-time legal teams.
Will I owe anything if my case is lost?
No attorney fee is owed if there is no recovery. How unreimbursed case expenses are handled depends on the retainer agreement, which MFC Law explains fully before any work begins. There are no surprises at the end of an unsuccessful case.
How long does a personal injury case take in Rhode Island or Massachusetts?
It depends on the case. Straightforward cases with clear liability and documented injuries can settle in a few months. Cases involving serious injuries, disputed fault, or multiple defendants can take one to two years or longer — especially if the medical prognosis is still developing. We recommend not settling any case until the full extent of your injuries is established.
What should I do immediately after an accident in Rhode Island or Massachusetts?
(1) Call 911 and get a police report. (2) Photograph the scene, vehicles, injuries, and road conditions. (3) Get witness names and contact information. (4) Seek medical attention the same day — adrenaline masks pain and delayed treatment weakens claims. (5) Do not give a recorded statement to any insurance company. (6) Call MFC Law at (401) 288-3888 — the consultation is free.
Do I need a lawyer, or can I handle the insurance claim myself?
You can negotiate directly with the insurance company, but studies consistently show that represented claimants recover significantly more than unrepresented ones — even after attorney fees. Insurance adjusters are trained professionals whose job is to minimize payouts. An attorney who knows the value of your claim, the applicable law, and how to counter adjuster tactics changes the dynamic entirely.
Fault & Comparative Negligence
What is comparative negligence and how does it affect my claim?
Comparative negligence determines how compensation is divided when both parties contributed to an accident. Your recovery is reduced by your own percentage of fault. Rhode Island uses pure comparative negligence — you can recover at any fault level. Massachusetts uses modified comparative negligence — if you were 51% or more at fault, you collect nothing. See our full explainer on Rhode Island pure comparative negligence.
Can I recover compensation if I was partly at fault for the accident in Rhode Island?
Yes. Rhode Island’s pure comparative negligence rule (RI Gen. Law § 9-20-4) allows recovery at any fault level. If you were 30% at fault and the other party was 70% at fault, you recover 70% of your damages. There is no cutoff percentage — one of the most victim-protective fault rules in the country.
What if I was 51% or more at fault in Massachusetts?
Under Massachusetts modified comparative negligence (MGL c.231 § 85), being 51% or more at fault eliminates your recovery entirely. Below 51%, your award is reduced by your fault percentage. This hard cutoff makes challenging inflated fault assignments critically important — one percentage point determines whether you collect anything at all.
What is the difference between pure and modified comparative negligence?
In pure comparative negligence states like Rhode Island, you can recover at any fault level and your award is simply reduced proportionally. In modified comparative negligence states like Massachusetts, you can only recover if your fault is below the 51% threshold. At or above it means zero recovery — regardless of how serious your injuries are.
Can the insurance company change my fault percentage after I file a claim?
Yes. Insurers frequently revise fault percentages upward as a negotiating strategy. Early recorded statements are especially dangerous because anything you say can be used to justify a higher fault assignment later. Having an attorney from the start prevents this by controlling the information flow from day one.
Who decides the percentage of fault in a personal injury case?
In a settlement, the insurance adjuster proposes a fault allocation and your attorney negotiates it. If the case goes to trial, the jury assigns fault percentages and the judge calculates the adjusted award. Fault percentages are contestable throughout the entire process — they are never final until a verdict is entered or a settlement is signed.
What is the eggshell plaintiff rule?
The eggshell plaintiff rule means a defendant is responsible for the full extent of a plaintiff’s injuries, even if those injuries are more severe than expected because of a pre-existing condition. If you had a prior back injury and a crash worsened it dramatically, the at-fault driver is responsible for the full resulting harm — not just what the injury would have cost a healthy person.
Deadlines & Statutes of Limitations
How long do I have to file a personal injury lawsuit in Rhode Island?
Three years from the date of injury for most personal injury claims under RI Gen. Law § 9-1-14. Two critical exceptions: (1) Claims against government entities require a formal written notice within 60 days under RI Gen. Law § 45-15-5 — missing it permanently bars the claim. (2) Wrongful death carries a two-year deadline from the date of death under RI Gen. Law § 10-7-2. See our Rhode Island statute of limitations page.
How long do I have to file a personal injury lawsuit in Massachusetts?
Three years from the date of injury for most claims under MGL c.260 § 2A. Two critical exceptions: (1) Claims against government entities require a formal presentation letter within 2 years under MGL c.258 § 4 — a prerequisite to filing suit. (2) Wrongful death also carries a three-year deadline from the date of death.
What is the 60-day notice rule for government property claims in Rhode Island?
Under RI Gen. Law § 45-15-5, if your injury occurred on city, town, or state property — or involved a government vehicle — you must serve a formal written notice on the appropriate municipal clerk within 60 days of the injury. This is not just a deadline; it is a prerequisite to filing suit. Missing it permanently bars the government entity claim even if you file a lawsuit within three years. See our full statute of limitations page.
Does filing an insurance claim stop the statute of limitations clock?
No. An active insurance claim, settlement negotiation, or even an insurer’s promise to resolve the claim does not pause or extend the lawsuit filing deadline. The statute of limitations runs independently of any insurance process. Many people are surprised to discover their lawsuit was time-barred even though negotiations were ongoing.
What happens if I miss the statute of limitations deadline?
Your right to sue is permanently lost. Courts grant motions to dismiss for untimely filing routinely, and no amount of strong evidence, clear fault, or serious injury will save a case filed after the deadline. This is absolute and almost never has exceptions beyond specific tolling rules (minor plaintiffs, the discovery rule) that must be analyzed carefully by an attorney.
My child was injured. How long do we have to file?
In both Rhode Island and Massachusetts, the statute of limitations is tolled (paused) for minor plaintiffs until they turn 18, at which point the standard clock begins. In Rhode Island, this can mean up to 21 years from birth (age 18 + 3 years). However, filing on the child’s behalf before age 18 is strongly recommended — evidence does not wait.
What is the wrongful death statute of limitations in Rhode Island?
Two years from the date of death under RI Gen. Law § 10-7-2. This is shorter than the standard three-year personal injury limit and has no commonly recognized exceptions. If you have lost a family member to someone else’s negligence, contact an attorney immediately.
Insurance & Coverage
Is Rhode Island a no-fault or at-fault state?
At-fault. Rhode Island is one of 38 at-fault states, meaning the driver who caused the accident is financially responsible for all damages through their liability insurance. You file your claim against the at-fault party’s insurer. There is no injury threshold to meet before you can sue for pain and suffering. See our page on the Rhode Island at-fault insurance system.
Is Massachusetts a no-fault state?
Yes. Massachusetts requires all drivers to carry Personal Injury Protection (PIP) coverage of at least $8,000 (MGL c.90 § 34M). After a crash, your own PIP pays your first $8,000 in medical bills and 75% of lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious injury threshold — generally more than $2,000 in medical expenses or a fractured bone.
What is the serious injury threshold in Massachusetts?
To bring a pain and suffering claim against an at-fault driver in Massachusetts, your case must involve at least one of: medical expenses exceeding $2,000 (not counting amounts written off by insurers), a fractured bone, substantial and permanent loss of a body function, permanent and serious disfigurement, loss of sight or hearing, or death.
What if the at-fault driver has no insurance?
Your own uninsured motorist (UM) coverage is typically your primary recovery source. Both Rhode Island (RI Gen. Law § 27-7-2.1) and Massachusetts require insurers to offer UM coverage to every policyholder. Carrying it at the highest limits you can afford is among the most important insurance decisions you can make. See our page on uninsured and underinsured motorist coverage in Rhode Island.
What is underinsured motorist (UIM) coverage and when does it apply?
UIM coverage pays when the at-fault driver has liability insurance but not enough to cover your full damages. For example: your damages total $120,000 but the at-fault driver carries only $25,000 in coverage — your own UIM policy bridges the gap up to your policy limits. Rhode Island’s minimum liability requirement is only $25,000 per person, far too low for serious injuries. Learn more about RI uninsured and underinsured motorist coverage.
Whose insurance pays after a car accident in Rhode Island?
The at-fault driver’s liability insurer pays. You file a third-party claim directly against their policy. Your own insurer may also be involved if you carry collision coverage, UM/UIM coverage, or medical payments coverage. MFC Law manages all insurer communications on your behalf.
Should I give a recorded statement to the insurance company?
No — not to the other driver’s insurer. You are not required to, and doing so before consulting an attorney is one of the most common and costly mistakes injury victims make. Adjusters are trained to ask questions that generate answers used to reduce or deny your claim. In Massachusetts, you must report the accident to your own insurer to activate PIP — but detailed recorded statements to any insurer should wait until you have legal advice.
Can I stack UM/UIM coverage across multiple vehicles in Rhode Island?
Rhode Island permits stacking in some circumstances — if you have multiple vehicles on the same or separate policies, you may be able to combine UM/UIM limits to increase total coverage. Whether stacking is available depends on specific policy language and requires careful legal analysis.
Car Accidents
What is the first thing I should do after a car accident in Rhode Island or Massachusetts?
(1) Ensure safety by moving to the roadside if possible without worsening injuries. (2) Call 911 — a police report is required for any insurance claim. (3) Photograph the scene, vehicle damage, license plates, and visible injuries. (4) Get witness names and contact information. (5) Seek medical attention the same day. (6) Do not give a recorded statement to any insurer. (7) Call MFC Law at (401) 288-3888.
What is a hit-and-run accident and how do I get compensation?
A hit-and-run occurs when the at-fault driver leaves the scene without stopping. Your own uninsured motorist coverage is typically the primary recovery source. Rhode Island generally requires either physical contact or independent corroborating evidence of the other vehicle’s involvement.
Can I sue for pain and suffering after a car accident?
In Rhode Island — yes, with no threshold to meet. In Massachusetts, you must first meet the serious injury threshold (over $2,000 in medical expenses, a fractured bone, or another qualifying criterion) before bringing a pain and suffering claim. Rhode Island’s at-fault system allows full pain and suffering claims from day one. See how pain and suffering is calculated in Rhode Island.
Motorcycle Accidents
Can I still recover compensation if I was not wearing a helmet?
Yes in Rhode Island — but helmet non-compliance may reduce your recovery for head-related injuries under the comparative negligence analysis. It does not affect recovery for injuries a helmet would not have prevented — a broken leg or internal injuries remain fully compensable. Rhode Island requires all riders to wear DOT-compliant helmets under RI Gen. Law § 31-10.1-1.
Why do insurance companies treat motorcycle claims differently?
Adjusters bring built-in assumptions about motorcyclists — that they were speeding, reckless, or lane-splitting — before reviewing a single fact. These assumptions systematically produce lower valuations and higher fault assignments. In Massachusetts, where the 51% bar eliminates claims above that threshold, this bias is especially consequential. MFC Law counters it with accident reconstruction evidence.
What injuries are most common in motorcycle accidents?
Road rash (which can require surgery and cause permanent scarring), traumatic brain injuries, spinal cord injuries, fractures, and internal injuries. The injury type significantly affects claim value, which is why thorough medical documentation matters from the start.
Slip & Fall
What do I need to prove in a Rhode Island slip and fall case?
You must show: (1) the property owner owed you a duty of care, (2) a dangerous condition existed on the property, (3) the owner knew or should have known about it (actual or constructive notice), (4) they failed to fix it or warn you, and (5) you suffered injuries as a result. Constructive notice — what the owner should have known through reasonable inspection — is often the central battleground.
What is the 60-day notice rule for government slip and falls in Rhode Island?
If you fell on a government-owned sidewalk, in a public building, or in a city park, you must serve formal written notice on the appropriate municipal clerk within 60 days of the injury under RI Gen. Law § 45-15-5. Missing this deadline permanently bars the government entity claim — even if you still file a lawsuit within three years. See our statute of limitations page.
Can I recover if the ice or snow that caused my fall had been there for only a short time?
Rhode Island courts evaluate whether the property owner had a reasonable opportunity to discover and remediate the condition. Recent accumulation is a defense, but the adequacy of the owner’s inspection and maintenance practices is also examined. A business that fails to monitor its premises after a storm may be liable even for relatively recent accumulation.
What if I was not watching where I was going when I fell?
Under Rhode Island’s pure comparative negligence rule, inattentiveness may reduce your recovery by a fault percentage but does not bar it entirely. The property owner cannot escape liability simply by pointing to the victim’s inattention — the dangerous condition must still be addressed.
Dog Bite
Does Rhode Island have a one-bite rule?
Not for attacks in public places or on someone else’s property. Rhode Island applies strict liability under RI Gen. Law § 4-13-16 for attacks outside the owner’s enclosed property — you do not need to prove the dog had a prior history of biting. The one-bite rule applies only when an attack occurs inside the owner’s own enclosed property.
What is strict liability for dog bites in Massachusetts?
Massachusetts General Law c.140 § 155 holds dog owners strictly liable for bite injuries as long as the victim was not trespassing and did not provoke the attack. No prior history of biting is required. This is one of the strongest dog bite statutes in the country.
What if the dog bite happened at a friend’s house?
You can still file a claim. The claim is made against the homeowner’s or renter’s insurance policy — it is a claim against their insurer, not personally against your friend. Most people are relieved to learn this almost never damages the personal relationship.
What if I provoked the dog?
Provocation is the most common defense raised by dog owners. Under Rhode Island law, legal provocation requires a deliberate act that caused an immediate radical change in the dog’s behavior. Simply approaching a dog, reaching to pet it, or making a sudden movement does not constitute legal provocation. MFC Law investigates the full circumstances and challenges unsupported provocation defenses.
Premises Liability
What is the difference between an invitee, licensee, and trespasser?
Rhode Island law classifies people on someone else’s property into three categories that determine the duty of care owed. Invitees (customers, business visitors) receive the highest protection — the owner must inspect, repair, and warn. Licensees (social guests) receive a duty to warn of known hazards. Trespassers receive minimal protection — except children under the attractive nuisance doctrine.
What is the attractive nuisance doctrine?
The attractive nuisance doctrine holds property owners liable for injuries to child trespassers when the property contains a dangerous condition likely to attract children — such as an unfenced swimming pool, trampoline, or construction equipment. The owner may be liable even though the child had no right to be on the property, because children cannot be expected to fully appreciate danger.
Can I bring a negligent security claim against a property owner if I was assaulted?
Yes, if the assault was foreseeable — meaning prior crime history, location, or security failures made a criminal act reasonably predictable — and the property owner failed to provide adequate security such as lighting, functioning locks, cameras, or personnel.
Is a landlord liable for injuries in a rental property?
It depends on what caused the injury and who controlled that condition. Landlords are typically responsible for common areas, known pre-existing defects, and conditions they were notified of and failed to repair. Tenants may be responsible for conditions within their unit created by their own use. Both may share comparative liability in some circumstances.
Product Liability
Do I need to prove the manufacturer was negligent in a product liability case?
No. Rhode Island and Massachusetts both recognize strict product liability: you prove only that the product was defective and caused your injury while being used in a reasonably intended way. Manufacturer negligence is not a required element.
What are the three types of product defects?
(1) Manufacturing defects — one specific unit deviated from the manufacturer’s own design during production. (2) Design defects — the entire product line is unreasonably dangerous because of the design. (3) Failure to warn — the product lacked adequate warnings about risks the manufacturer knew or should have known about.
What is the most important step after being injured by a defective product?
Preserve the product. Do not discard, repair, clean, or return it. Store it exactly as it was when the injury occurred. The defective product is your primary evidence — product liability cases are won or lost on physical evidence.
Does a product recall help my case?
Yes. A recall — particularly an FDA Class I recall — is powerful evidence that the product was defective. It demonstrates that the manufacturer or a regulatory agency determined the product presented a serious safety risk, serious enough to remove from the market.
Pedestrian Accidents
Do pedestrians always have the right of way in Rhode Island?
Pedestrians in marked or unmarked crosswalks at intersections have the right of way when they are in the driver’s half of the road (RI Gen. Law § 31-18-1). Rhode Island recognizes unmarked crosswalks at every intersection corner — even without painted lines, drivers must yield. Outside crosswalks, drivers still owe a duty of due care to all pedestrians (RI Gen. Law § 31-18-5).
Can I recover compensation if I was jaywalking when I was hit?
Yes in Rhode Island. Under pure comparative negligence, jaywalking may reduce your recovery by your assigned fault percentage but does not eliminate it. In Massachusetts, being found 51% or more at fault for jaywalking eliminates the claim entirely — making how fault is documented and challenged critical.
Uber & Lyft Accidents
How does rideshare insurance work after an Uber or Lyft accident?
Uber and Lyft use a three-phase insurance system. Phase 1 (app off): only the driver’s personal policy applies. Phase 2 (app on, waiting for a ride): $50,000 per person / $100,000 per accident in limited commercial coverage. Phase 3 (active trip): $1 million in commercial liability coverage. Establishing which phase applied at the moment of the crash is the first step in every rideshare case.
What should I do immediately after an Uber or Lyft accident?
Screenshot the app immediately — before the trip screen clears — to preserve the trip status and driver information. That one screenshot establishes which coverage phase applies and can determine available limits. Then: call 911, document the scene, seek medical attention the same day, report through the app, and call MFC Law at (401) 288-3888 before giving any statement to the rideshare insurer.
Can I sue Uber or Lyft directly?
Direct corporate lawsuits against Uber and Lyft face the independent contractor defense, which courts have frequently upheld. However, the $1 million Phase 3 commercial insurance policy is accessible directly without a corporate lawsuit. Negligent hiring or retention claims — where the company knew about a driver’s unsafe history — may also create direct liability.
Injuries & Damages
How is pain and suffering calculated in a Rhode Island personal injury case?
There is no fixed formula. Pain and suffering damages are based on the severity and permanence of the injury, the documented medical treatment required, the impact on daily life, the victim’s age and life expectancy, and comparable verdicts in similar cases. MFC Law documents non-economic damages through medical records, treating-physician testimony, and where appropriate, expert testimony. See how pain and suffering is calculated in Rhode Island.
What are economic vs. non-economic damages?
Economic damages are objectively calculable losses: medical expenses, lost wages, reduced earning capacity, future medical costs, property damage. Non-economic damages are subjective harms that cannot be calculated from a bill: pain and suffering, loss of enjoyment of life, emotional distress, loss of consortium. Both are recoverable in Rhode Island with no cap.
Can I recover future medical expenses in my personal injury claim?
Yes. Future medical expenses — projected lifetime costs for ongoing treatment, surgery, rehabilitation, and management of permanent conditions — are recoverable as part of your economic damages. These projections require medical expert testimony and often a life care planner. See our page on future medical expenses in a Rhode Island personal injury claim.
What is a lien and how does it affect my settlement?
A lien is a legal claim by a health insurer, Medicare, Medicaid, or hospital against your settlement as reimbursement for medical bills they paid on your behalf. Liens are deducted from your recovery before you receive your net payout. MFC Law negotiates liens on your behalf — reducing the reimbursement amount to maximize what you keep.
What is a traumatic brain injury (TBI) and how is it documented in a personal injury case?
A TBI can range from concussion to severe permanent neurological impairment, and can occur from direct head impact or rapid deceleration even with a helmet. Standard imaging frequently appears normal in mild to moderate TBI — which insurers use to deny or minimize claims. MFC Law works with neurologists and neuropsychologists to document TBI through specialist evaluation and advanced imaging where available.
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Real Stories. Real Results.
Francesca did a tremendous amount of the legwork on my case and was absolutely outstanding throughout the entire process. She was professional, responsive, and made sure everything was handled properly. Her hard work and dedication truly made a stressful situation much easier to manage.
Even the secretary was incredibly helpful, kind, and supportive whenever I called with questions or needed updates.
I’m beyond grateful for the effort this office put into my case. If you want a law firm that actually cares and works hard for you, I highly recommend them.
T. Sanders
What truly impressed me was the amount of compensation I received. It's significantly more than what I got from other cases where I treated for twice as long, and those took much longer to resolve. The efficiency and effectiveness of this team are truly commendable.
Communication was top-notch throughout the entire process. I felt informed and involved every step of the way, and I was particularly pleased that I could reach out to Mike directly whenever I had questions. His accessibility made a world of difference and reassured me that I was in good hands.
If you're looking for a dedicated team that delivers results quickly and effectively, I highly recommend this firm. They exceeded my expectations, and I couldn't be happier with the outcome of my case!
I’m in a new whip, watch, kicks, it was the little jumpstart I needed to get me going. 5 months and I got it. Hit em up and be patient call every now and then and that’s it, be patient ock you’ll get paid.
Their team went above and beyond to ensure that I felt supported and informed every step of the way. They handled everything—from paperwork to negotiations—seamlessly, which completely eased my anxiety. What could have been an incredibly stressful and daunting lawsuit turned into a smooth and almost effortless process, thanks to their dedication and professionalism.
I was especially impressed with how they fought for my case. They didn’t settle for the first offer but instead pushed for what I truly deserved. In the end, they secured a settlement that was far beyond anything I ever expected. Their persistence and expertise showed me that I was in the best hands possible.
Lawsuits can be stressful, but Michael F. Campopiano and his team made the entire experience not only bearable but even empowering. If you’re looking for a legal team that genuinely cares, works tirelessly, and delivers outstanding results, look no further. I am so thankful for their help and would recommend them to anyone in need of legal representation. Thank you for everything!
Areas We Serve
- Throughout Rhode Island & Massachusetts, helping victims of personal injury get the care they deserve.
“When you choose us, you can be rest assured that you will receive personalized attention and a comprehensive legal strategy tailored to your unique circumstances. Our skilled lawyers will guide you through every step of the legal process, explaining your rights and options in clear, straightforward language.
We handle a wide range of personal injury cases, including car accidents, slip and falls, Dog Bite, and more. No matter the complexity of your case, we have the expertise and resources to fight for the compensation you deserve.”
Why Choose the Law Offices of Michael F. Campopiano for Your Personal Injury Case
Why Choose the Law Offices of Michael F. Campopiano for Your Personal Injury Case
Founded in 2007, MFC Law has spent nearly two decades fighting for injury victims throughout Rhode Island and Massachusetts. Michael F. Campopiano built this firm on a simple belief: advocacy with compassion, when clients need it most. That means being accessible, honest, and relentless. Mike answers client calls directly, moves quickly to preserve evidence, and does not back down when insurance companies push back.
Our team speaks English, Spanish, and Portuguese, so every client feels fully understood and supported through every step of the process.
We represent injury victims in Providence, Warwick, Cranston, Pawtucket, and all surrounding Rhode Island communities, as well as throughout Massachusetts.
If you have a question we did not answer here, call (401) 288-3888 for a free consultation. You pay nothing unless we win.
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