Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Rhode Island, you generally have three years to file a personal injury lawsuit after an accident. Under R.I. Gen. Laws § 9-1-14, “no action … to recover damages for injuries to person … shall be brought … but within three years next after the cause of action shall have accrued.” A cause of action typically accrues on the date of the accident that caused the injury.
Exceptions and Tolling
- Minors: If the injured person is under 18, the statute of limitations is tolled until their 18th birthday. They then have three years from that date to file a claim.
- Medical Malpractice: Claims for medical malpractice follow a different rule. Under R.I. Gen. Laws § 9-1-14.1, you must file within three years of the act or omission or within one year of discovering the injury, whichever is earlier, but no more than ten years after the negligent act.
- Wrongful Death: A wrongful death action must be filed within two years under R.I. Gen. Laws § 10-7-2.
Missing the deadline usually bars your claim. It’s best to track deadlines closely, gather evidence early, and begin the filing process well before the statute expires. Filing involves preparing a complaint, serving defendants, and paying filing fees.
Helpful Hints
- Mark your filing deadline on a calendar as soon as possible.
- Gather and preserve all evidence, including photos and medical records.
- Keep detailed treatment logs and billing statements.
- Consult an attorney early to confirm deadlines and requirements.
- Verify tolling rules if the injured party is a minor.
- Consider the discovery rule in medical malpractice cases.
- Check with the clerk’s office for local filing procedures.
- Be aware of special rules when suing government entities.