Disclaimer: This article does not provide legal advice. It is for informational purposes only.
Understanding Your Rights Under Rhode Island Law
If a car accident worsens your pre-existing injury, Rhode Island law allows you to recover damages for the exacerbation. Rhode Island applies the “eggshell plaintiff” rule, which holds at-fault parties responsible for all harm they cause, even if a pre-existing condition makes injuries worse.
To file a successful claim, you must establish four elements of negligence: duty, breach, causation, and damages. You must show that the at-fault driver owed you a duty of care, breached that duty by acting negligently, directly caused your injury exacerbation, and caused compensable harm.
Key Statute of Limitations
In Rhode Island, you generally have three years from the date of the accident to file a personal injury lawsuit. See R.I. Gen. Laws § 9-1-14: www.rilegislature.gov/Statutes/TITLE9/9-1/9-1-14.htm.
Step 1: Document Your Pre-Existing Condition
Gather all medical records, diagnostic images, and treatment notes that predate the accident. Request records from every provider who treated your condition, including:
- Doctor visit notes
- Physical therapy and chiropractic records
- MRI, X-ray, or CT scan reports
- Pain journals or symptom logs
Step 2: Record Post-Accident Exacerbation
Seek prompt medical attention after the crash. Ask your provider to document any worsening of your condition. Obtain written reports that compare pre- and post-accident findings. Track all symptoms, medications, and treatments.
Step 3: Build Your Claim for Compensation
Your claim can include past and future medical costs, lost wages, pain, and suffering tied solely to the exacerbation. To quantify damages:
- Obtain an independent medical evaluation.
- Have medical experts testify on causation.
- Calculate out-of-pocket expenses and projected future care.
- Use a pain and suffering multiplier if applicable.
Step 4: File an Insurance Claim or Lawsuit
First, submit your documentation to the at-fault driver’s insurer. Rhode Island imposes minimum liability coverage of $25,000 per person and $50,000 per accident. If the insurer undervalues your claim, you may need to file a lawsuit before the three-year deadline.
Step 5: Consider Rhode Island’s Comparative Fault Rule
Rhode Island follows a pure comparative negligence system under R.I. Gen. Laws § 9-20-4: www.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.htm. Even if you share some fault, you can recover damages reduced by your percentage of fault.
Helpful Hints
- Keep a pain and activity journal to document daily symptoms.
- Organize all records chronologically in a single folder.
- Take photos of bruises, scars, or other physical changes.
- Follow up promptly with all medical appointments.
- Obtain cost estimates for future treatment from your provider.
- Consider hiring a personal injury attorney before negotiating.