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Waiting to determine whether legal action is necessary following a Rhode Island car accident may lead to significant financial loss. Deciding if your injuries and damages require a lawsuit can be a daunting task as you work to get back to life. However, the costs of a car accident in Rhode Island may be significant.
Gemma Law Associates, Inc. has provided unwavering assistance to families in Rhode Island for over 40 years, progressing with the legal landscape to provide state-of-the-art technology serving each client efficiently. Speak with a Rhode Island car accident lawyer at our firm to take action within the timelines determined by law.
Why a Statute of Limitations Applies to Car Accident Cases
Civil laws allow individuals to seek compensation for damages they experience in a personal injury. Car accidents fall under this category and allow injured car accident survivors to seek to restore their lives to where they were before the accident. While monetary awards will never replace a healthy life impacted by car accident injuries, it is an avenue to recovery that the legal system allows.
A statute of limitations also provides a respite for the person responsible for your injuries to no longer anticipate legal action against them. The statute of limitations in a car accident encourages a survivor to take action, emphasizing why the burden of proof matters in an injury claim. Without these limitations, the evidence in a case begins to break down and become less reliable.
In our legal system, proof of negligence must exist. Beginning a legal action does not always mean ending up in court. However, it guarantees you the legal option to pursue a lawsuit for your damages when a settlement with the insurance company falls short of your needs.
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Rhode Island Car Accident Statute of Limitations
The statute of limitations to pursue legal action in a car accident case varies depending on the state where the accident occurred. Working with a Rhode Island car accident attorney to file a claim with the insurance company does not equate to legal action. Filing a claim notifies the insurance company covering the at-fault party of your damages.
A civil lawsuit must be filed within three years of the date of the accident within the appropriate jurisdiction. R.I. General Law §9-1-14(b) defines the time you must act to recover damages for a personal injury in Rhode Island. When an accident occurs, a clock starts on the time you have to file a lawsuit for negligence in a Rhode Island car accident.
When a Rhode Island car accident leads to wrongful death, an administrator or executor for the victim may pursue civil action. R.I. Gen. Laws §10-7-2 require the action to be filed within three years of the injured party’s death date. A Rhode Island wrongful death lawyer with Gemma Law Associates, Inc. can help you navigate this time of immense loss.
Exceptions to Personal Injury Statute of Limitations
A statute of limitations may be paused or tolled for a determined period. Limited expectations apply to the three-year timeline. Waiting to speak with a car accident lawyer in Rhode Island is never recommended, even when you feel one of the following exceptions applies to your situation:
- Disability, including age: R.I. Gen. Laws §9-1-19 defines disability as being younger than 18, being mentally unsound, or the plaintiff is located outside of the U.S.
- Out-of-state defendant: RI Gen Law §9-1-18 allows the tolling of time limits when a defendant has moved to another state, leaving no in-state representative to receive notice of legal action. The time limits pause until the at-fault party moves back.
- Involuntary termination of a claim: R.I. Gen. Laws §9-1-22 allows for a new action to begin within one year of the termination of a claim not executed by voluntary discontinuance, a dismissal for negligence in prosecuting the action, final judgment upon merits, or when a plaintiff dies, and the legal action survives. The estate’s executor or administrator may commence a new action.
- Fraudulent misrepresentation: R.I. Gen. Laws §9-1-20 pauses the statute of limitations when the cause of action is undiscoverable due to fraudulent concealment by the injured party.
Rhode Island car accident claims against a governmental agency also fall under a three-year statute of limitations in R.I. Gen. Law §9-1-25. When your damages result from a bridge, causeway, or highway needing repair, a 60-day notice (R.I. Gen. Laws §45-15-9) must be given to the agency of the intent to file a legal action. The notification allows them the opportunity to settle with you.
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Why Rhode Island Car Accident Claim and Civil Action Timelines Matter
A claimant must file a claim with the insurance company within three years of the accident (R.I. Gen. Laws §27-18-3). Reporting the accident allows time for the insurance company to review your claim request. When fair compensation for your damages is negotiated fairly, a lawsuit will not be required.
A car accident attorney in Rhode Island can assist you with navigating your claim to pursue optimal client case results for your settlement. We can also help you keep an eye on the ticking clocks impacting your claim. Because you have three years to file a claim with the insurance company and file a lawsuit, the insurance company may use strategies that jeopardize your ability to file a lawsuit.
Through an in-depth evaluation of your Rhode Island car accident, you never have to guess how much your case is worth. We’ll be ready to pursue your case in court if the insurance company refuses a fair settlement. You are no longer responsible for keeping up with strict timelines determining your ability to seek compensation when we observe these critical dates for you.
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Contact a Rhode Island Car Accident Lawyer
The time you have to file a claim and civil action for the damages you experienced in a Rhode Island car accident is growing shorter. The first step to action is reaching out to Gemma Law Associates, Inc. for a free case evaluation. We can explore the statutes of limitations and any exceptions that apply when you are unsure if the deadline to file a claim or lawsuit has passed.
Call or text 401.467.2300 or complete a Free Case Evaluation form
