Rhode Island Personal Injury Law

Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.

• Personal Injury – 3 years from the discovery of the injury
• Damage to Personal Property – 10 years
• Medical Malpractice – 3 years from the discovery of the injury
• Legal Malpractice – 3 years
• Other Professional Malpractice – 3 years

Where to Sue:

• Personal injury claims under $2,500 - Rhode Island Small Claims Court
• Personal injury claims between $2,500-$10,000 - Rhode Island District Court
• Personal injury claims over $10,000 - Rhode Island Superior Court

How to Sue:

Small Claims Court:

• Forms: Small Claims Notice of Suit.
• Where to file: Where either the plaintiff or the defendant resides.
• How to notify the defendant (service): The plaintiff must first try to serve the defendant by mailing the paperwork to the defendant by certified or registered mail. The defendant should be served by an adult, sheriff, deputy or constable in person.
• Proving the defendant was notified: The person serving process must make return of service to the clerk of the Rhode Island Small Claims Court.
• Attorneys: Rhode Island Small Claims Courts permit legal representation at trial.
• Appealing a small claim: Defendants can appeal to the Rhode Island Superior Court. Plaintiffs cannot appeal.

Rhode Island District Court: Before filing your case, get the advice of a Rhode Island personal injury attorney about the complexities of your case to avoid any mistakes or errors in the personal injury lawsuit filing process.

• Forms: Complaint and Summons.
• How to File/Notify the Defendant: Give the Complaint and Summons to the Rhode Island District Court clerk for filing. The clerk will stamp the forms and issue them for service on the defendant. The Complaint and Summons will then be mailed to the defendant by certified or registered mail. If this method is unsuccessful, a sheriff or disinterested adult over the age of 18 should personally serve the Complaint and Summons on the defendant.

What to Do if You Are Being Sued:

• Time to respond to a Summons in Rhode Island: 20 days.
• You should contact a lawyer to discuss the plaintiff’s case against you and your insurance company if the plaintiff’s injury happened at your home or place of business.

What to Do if a Judgment Was Entered Against You:

You must reply to a Rhode Island Summons and Complaint within 20 days of receiving service of process, or face the possibility that the court will declare you in default and enter a default judgment against you. If such a judgment is entered against you, the court will make you pay the amount that the plaintiff claims you owe him.

Time to Set Aside a Judgment in Rhode Island:

• A Rhode Island District Court can set aside a judgment for mistake, surprise, inadvertence, excusable neglect, newly discovered evidence, or fraud within one year of when the judgment was taken

Ways to Collect Your Judgment:

• If the defendant does not pay what he owes you after you win your personal injury lawsuit, you have several options: you may request that the court enter an order garnishing the defendant’s wages or bank account, or have a lien placed on the defendant’s real or personal property. A Rhode Island debt collection attorney can help you navigate the debt collection process.