Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In a personal injury case in Rhode Island, plaintiffs can seek reimbursement for travel expenses related to medical treatment as part of “special damages.” Under R.I. Gen. Laws § 9-1-4, a plaintiff may recover reasonable expenses for medical services and supplies, including transportation costs. To claim travel expenses, follow these key steps:
Step 1: Document Your Travel
From the first medical appointment, keep a detailed travel log. Include date, origin, destination, purpose, and miles traveled (odometer readings). Save all receipts for gas, parking, tolls, public transportation fares, rideshare or taxi services.
Step 2: Calculate Reasonable Costs
Rhode Island courts generally allow the IRS standard mileage rate (see irs.gov) for personal vehicle use. For 2023, the rate is 65.5¢ per mile. Alternatively, submit actual costs such as cab fares and public transit tickets. Ensure your calculations reflect reasonable and necessary expenses.
Step 3: Include Travel Expenses in Special Damages
Under Rule 9(g) of the Rhode Island Superior Court Rules of Civil Procedure, plead your special damages with particulars. Specifically list travel expenses as a category of damages in your complaint or a bill of particulars. Clearly state total mileage and cost.
Step 4: Provide Evidence During Discovery
During discovery, produce your travel log, receipts, and calculations. Be prepared for defense requests for documentation. Accurate records help prevent disputes over amounts claimed.
Step 5: Present Travel Costs in Settlement or Trial
When negotiating a settlement, include a line-item for travel expenses in your demand letter. If the case proceeds to trial, use your log and receipts to prove the reasonableness and necessity of each trip.
Rhode Island Statutory Reference
Rhode Island General Laws § 9-1-4 defines recoverable medical expenses, including transportation. Learn more at R.I. Gen. Laws § 9-1-4.
Helpful Hints
- Update your travel log immediately after each appointment.
- Use a spreadsheet or app to track mileage and costs.
- Retain original receipts and make digital backups.
- Confirm IRS mileage rate updates annually at irs.gov.
- Discuss special damages with your attorney early in the case.