Frequently Asked Questions About Personal Injury Law in Rhode Island
Honest, data-driven answers to the questions our clients ask most — from the attorneys who have recovered tens of millions for Rhode Islanders just like you.
📞 Call (401) 288-3888 — Free ConsultationGeneral Personal Injury Law in Rhode Island
Your rights, timelines, and what to expect after an injury in Rhode Island.
Rhode Island gives you three years from the date of your injury to file a personal injury lawsuit under RI General Law § 9-1-14. If a government vehicle or government property caused your injury, you must file a written notice within 60 days under RI Gen. Law § 45-15-5. For wrongful death, the deadline is two years under RI Gen. Law § 10-7-2. Missing any of these deadlines permanently bars your claim.
→ Rhode Island Personal Injury Statute of LimitationsRhode Island follows pure comparative negligence under RI Gen. Law § 9-20-4. You can recover compensation even if you were partially at fault. Your award is reduced by your percentage of fault. If you are found 30% at fault and your damages total $100,000, you receive $70,000. Unlike states with a 50% or 51% bar, Rhode Island has no cutoff — even at 99% fault, you can still recover 1%.
→ Rhode Island Pure Comparative Negligence ExplainedMost personal injury attorneys, including MFC Law, work on a contingency fee basis. You pay nothing upfront and nothing out of pocket. The attorney's fee is a percentage of your settlement or verdict, typically between 33% and 40%. If there is no recovery, you owe nothing. This structure removes all financial risk from hiring a lawyer.
→ How Personal Injury Lawyers Get Paid in RIRhode Island is an at-fault (tort) state. The driver who caused the accident is responsible for paying the other party's damages through their liability insurance. You file your claim against the at-fault driver's insurer. If their policy limits are not enough, you may need to tap your own uninsured/underinsured motorist (UM/UIM) coverage.
→ Rhode Island At-Fault Insurance System ExplainedUninsured motorist (UM) coverage protects you when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage kicks in when the at-fault driver's policy limits are too low to cover your damages. Rhode Island requires a minimum of $25,000/$50,000 in UM/UIM coverage, but we strongly recommend carrying at least $100,000/$300,000.
→ Uninsured and Underinsured Motorist Coverage in RIRhode Island personal injury victims can recover both economic damages (medical bills, lost wages, future medical expenses, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In cases involving extreme recklessness, punitive damages may also be available.
→ How Pain and Suffering Is Calculated in Rhode IslandMost cases settle within 6 to 18 months. Cases involving serious injuries, disputed liability, or litigation can take two to three years. The timeline depends on the complexity of your injuries, how quickly you reach maximum medical improvement, and whether the insurance company negotiates in good faith.
If someone else's negligence caused your injury and you have medical bills, lost wages, or pain and suffering, you likely have a viable case. The best way to find out is through a free consultation. MFC Law evaluates cases at no cost and no obligation. Call (401) 288-3888.
Car Accidents in Rhode Island
What to do, what to avoid, and how Rhode Island law protects you after a crash.
Call 911. Move to safety if possible. Exchange insurance and contact information with the other driver. Take photos of the scene, vehicle damage, and any visible injuries. Get contact information from witnesses. Seek medical attention within 24 hours, even if you feel fine. Do not admit fault or apologize at the scene. Report the accident to your insurance company, but do not give a recorded statement until you speak with an attorney.
→ What to Do After a Car Accident in Rhode IslandThe most common car accident injuries in Rhode Island include whiplash, herniated discs, traumatic brain injuries (TBI), broken bones, soft tissue injuries, spinal cord damage, and concussions. Even low-speed collisions can cause significant injuries that may not present symptoms for days or weeks.
→ Common Car Accident Injuries in Rhode IslandBecause Rhode Island is an at-fault state, the at-fault driver's liability insurance pays for the other party's damages. You file a third-party claim against their insurer. If the at-fault driver is uninsured or underinsured, your own UM/UIM policy covers the gap.
Rhode Island bans handheld phone use while driving under RI Gen. Law § 31-22-31. If the other driver was texting, their distraction can serve as strong evidence of negligence. Phone records, witness testimony, and accident reconstruction can prove distracted driving.
→ Distracted Driving Accidents in Rhode IslandHit-and-run accidents are covered under your uninsured motorist (UM) policy. File a police report immediately. If the driver is identified later, you can pursue a claim against their insurer. Rhode Island law treats a fleeing driver as uninsured for UM purposes.
→ Hit-and-Run Accidents in Rhode IslandRhode Island requires minimum coverage of $25,000 per person / $50,000 per accident for bodily injury liability and $25,000 for property damage. UM/UIM coverage at $25,000/$50,000 is also mandatory. These minimums are often insufficient for serious injuries.
→ Rhode Island Car Insurance RequirementsYes. Insurance adjusters routinely try to shift blame onto the injured party to reduce payouts. They may use your recorded statement, social media posts, or gaps in medical treatment to argue higher fault. This is exactly why you should speak with an attorney before giving any recorded statement to an insurer.
Slip and Fall Accidents
When property owners fail to keep their premises safe, you have rights.
To win a premises liability case, you must show: a dangerous condition existed on the property (wet floor, broken stairs, icy sidewalk), the property owner knew or should have known about the hazard, the owner failed to fix it or warn visitors, and the condition directly caused your injuries. Evidence deteriorates quickly — report the incident right away, photograph the hazard, and contact MFC Law.
→ How to Prove a Slip and Fall Case in Rhode IslandYou can file a claim, but you must submit a written notice to the government entity within 60 days of the accident under RI Gen. Law § 45-15-5. This is a hard deadline. If you miss it, your claim is permanently barred regardless of how serious your injuries are.
→ Government Property Slip and Fall and the 60-Day Notice RuleThe most common injuries include hip fractures, wrist fractures, traumatic brain injuries from hitting the ground, herniated discs, torn ligaments (especially in the knee), and tailbone injuries. Elderly victims face a significantly higher risk of life-threatening complications from fall injuries.
→ Slip and Fall Injuries: Types, Severity, and CompensationYes. Under Rhode Island's pure comparative negligence rule, you can recover even if you were partially at fault. If you were wearing inappropriate footwear on an icy surface, for example, the jury may assign you 20% fault. Your recovery is reduced by that percentage, but you still collect 80% of your damages.
Dog Bite Injuries
Rhode Island holds dog owners strictly liable — here is what that means for you.
Yes. Under RI Gen. Law § 4-13-16, the dog's owner is strictly liable for injuries caused by their dog, even if the dog has never bitten anyone before. Rhode Island does not follow the "one-bite rule." The owner is responsible regardless of whether they knew the dog was dangerous.
→ Rhode Island Dog Bite LawsSeek medical attention immediately. Report the bite to local animal control. Document the injury with photographs. Get the owner's name, address, and insurance information. If possible, identify witnesses. Do not sign anything from the dog owner's insurance company before consulting an attorney.
→ What to Do After a Dog Bite in Rhode IslandYes. Dog attacks frequently cause PTSD, anxiety disorders, and phobias in addition to physical injuries. Rhode Island law allows recovery for emotional distress, ongoing psychological treatment costs, and reduced quality of life resulting from the attack.
Most Rhode Island municipalities require dogs to be leashed in public areas. An off-leash dog that attacks someone gives the owner virtually no defense. The leash law violation itself serves as evidence of negligence on top of the strict liability statute.
Absolutely. Scarring and disfigurement are compensable as non-economic damages in Rhode Island. The location, visibility, and permanence of the scar affect the value. Facial scars and scars on children typically carry the highest compensation because of their long-term impact on self-image and quality of life.
Motorcycle Accidents
Riders face the greatest risks on the road — and deserve the strongest protection.
Yes. Rhode Island is a universal helmet state under RI Gen. Law § 31-10.1-1. All motorcycle riders and passengers must wear an approved helmet at all times. Unlike some neighboring states, there is no age-based exemption.
→ Rhode Island Motorcycle Helmet LawsYes, and it is a well-documented problem. Insurance adjusters frequently apply anti-motorcyclist bias, assuming the rider was reckless simply because they were on a motorcycle. They use this bias to inflate the rider's fault percentage and reduce payouts. An experienced attorney knows how to counter this bias with evidence.
→ How Insurance Companies Treat Motorcycle ClaimsMotorcycle riders suffer disproportionately severe injuries because of the lack of structural protection. Common injuries include road rash, broken bones (especially legs and pelvis), traumatic brain injuries, spinal cord injuries, and internal organ damage. The fatality rate for motorcycle accidents is roughly 29 times higher per mile traveled than for passenger cars.
Yes, but your compensation may be reduced. Under comparative negligence, the insurer may argue that your head injury would have been less severe with a helmet, and a jury may assign partial fault for that decision. You can still recover, but the helmet issue will be a factor in the case.
Uber and Lyft Accidents
Rideshare accidents involve complex multi-layer insurance — here is how it works.
Coverage depends on the driver's status at the time of the accident. When the app is off, only the driver's personal insurance applies. When the app is on but no ride is matched (Phase 1), Uber and Lyft provide limited coverage of roughly $50,000/$100,000. Once a ride is matched or a passenger is in the vehicle (Phases 2 and 3), a $1 million liability policy from the rideshare company kicks in.
→ How Rideshare Insurance Works in Rhode IslandUber and Lyft classify their drivers as independent contractors, which makes suing the company directly more complex. However, you can file a claim against the rideshare company's insurance policy. In certain circumstances, a direct liability argument can be made if the company failed to properly screen the driver or maintain safety standards.
→ Can You Sue Uber or Lyft After an Accident in Rhode Island?Screenshot your ride details in the app immediately. Call 911 and report the accident. Get the driver's name, license plate, and insurance information. Take photos of the scene. Seek medical attention within 24 hours. Do not accept a quick settlement from the rideshare company's insurer without consulting an attorney.
Your own car insurance typically does not apply when you are a passenger in someone else's vehicle. As a rideshare passenger, your claim goes against the rideshare company's $1 million Phase 3 liability policy. Your own UM/UIM coverage may serve as a backup if the rideshare company's policy is insufficient.
Pedestrian Accidents
Pedestrians have zero structural protection — and Rhode Island law strongly favors their rights.
Under RI Gen. Law § 31-18-1, drivers must yield to pedestrians in both marked and unmarked crosswalks. An unmarked crosswalk exists at every intersection where two roads meet, even without painted lines. Rhode Island law strongly favors pedestrian right-of-way.
→ Rhode Island Pedestrian Rights and Traffic LawsYes. Under pure comparative negligence, jaywalking does not eliminate your right to compensation. It may reduce your recovery by the percentage of fault assigned to you. If the driver was speeding, distracted, or impaired, the driver still carries significant or majority fault even if you were jaywalking.
→ Jaywalking and Comparative Negligence in Rhode IslandCall 911 immediately. Do not move unless you are in danger of being hit again. Get the driver's license plate, name, and insurance information. Ask bystanders to stay as witnesses. Go to the emergency room, even for seemingly minor injuries. Pedestrian-vehicle impacts often cause internal injuries that are not immediately apparent.
Yes. Pedestrians have zero structural protection. The NHTSA reports over 7,500 pedestrian fatalities annually in the United States. Non-fatal pedestrian injuries tend to be catastrophic: traumatic brain injuries, multiple fractures, spinal cord damage, and internal organ injuries are common.
Premises Liability
Property owners owe a duty of care — and you can hold them accountable when they fail.
The property owner or occupier owes a duty of care to visitors. In Rhode Island, the level of duty depends on your status: invitees (customers, business visitors) are owed the highest duty, while trespassers are owed the lowest. Property owners must inspect for hazards, fix known dangers, and warn visitors of conditions they cannot immediately see.
→ Who Is Liable When You're Injured on Someone Else's Property?Yes. Commercial property owners owe the highest duty of care to business invitees. If a store has a wet floor without a warning sign, a broken handrail, or poor lighting that leads to injury, the business can be held liable. Document the hazard immediately and report it to management before leaving.
Elevator and escalator accidents can involve both the property owner's failure to maintain the equipment and the manufacturer's liability for a defective product. These cases can involve premises liability, product liability, or both. Rhode Island requires regular elevator inspections through the RI Department of Labor and Training.
→ Elevator and Escalator Accidents in Rhode IslandProduct Liability
When a defective product injures you, the manufacturer and seller can be held strictly liable.
Under Rhode Island's adoption of Section 402A of the Restatement (Second) of Torts, manufacturers and sellers of defective products are strictly liable for injuries their products cause. You do not need to prove the manufacturer was negligent. You only need to prove the product was defective and that the defect caused your injury.
→ What Is Strict Product Liability in Rhode Island?Product liability claims fall into three categories: manufacturing defects (the product was built incorrectly), design defects (the product's design is inherently dangerous), and failure to warn (the product lacked adequate safety warnings or instructions). Each type requires different evidence to prove.
→ Types of Product Defects: Manufacturing, Design, and Failure to WarnVisit cpsc.gov/Recalls for consumer products, nhtsa.gov/recalls for vehicles and car seats, and fda.gov/safety/recalls for food, drugs, and medical devices. A recall does not eliminate your right to file a claim — it can actually strengthen your case by establishing that the manufacturer acknowledged the defect.
Yes. Defective medical devices and dangerous pharmaceuticals are among the most common product liability claims. These cases often involve FDA-approved products that were later found to cause serious side effects or failures. FDA approval does not shield manufacturers from strict liability in Rhode Island.
→ Defective Medical Devices and Pharmaceuticals in Rhode IslandSerious Injury Types and Compensation
Understanding how Rhode Island values the most catastrophic injuries.
There is no fixed formula. Insurance companies often use a multiplier method (multiplying your economic damages by a factor of 1.5 to 5 based on severity) or a per diem method (assigning a daily dollar value to your pain). Factors include injury severity, duration of recovery, impact on daily life, and permanence of the condition.
→ How Pain and Suffering Is Calculated in Rhode IslandTBIs are among the most heavily compensated injuries in personal injury cases because of their catastrophic, long-term impact on cognitive function, memory, personality, and earning capacity. Even a mild TBI (concussion) can result in months of symptoms. Moderate to severe TBIs can require lifelong care.
→ Traumatic Brain Injuries After an Accident in Rhode IslandYes. Rhode Island allows you to recover the cost of future medical care that is reasonably certain to be needed as a result of your injury. This includes future surgeries, physical therapy, medication, assistive devices, and home modifications. These amounts are typically established through expert testimony from medical professionals.
→ Future Medical Expenses in a Rhode Island Personal Injury ClaimSpinal cord injuries are among the highest-value personal injury cases because they often result in partial or complete paralysis, requiring lifelong medical care, mobility equipment, and home assistance. The lifetime cost of a spinal cord injury can exceed several million dollars. Rhode Island places no cap on compensatory damages in these cases.
When negligence causes someone's death, surviving family members can file a wrongful death claim under RI Gen. Law § 10-7-1. Recoverable damages include funeral expenses, lost income and benefits, loss of companionship, and the decedent's pain and suffering before death. The statute of limitations is two years from the date of death.
Still Have Questions? We Have Answers.
If you or a loved one has been injured in Rhode Island or Massachusetts, do not face it alone. Your first consultation is always free.