Providence Personal Injury Lawyers
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. A personal injury claim, by definition, does not include a claim for damage done to property.
What is Personal Injury Law?
Personal injury law, also known as tort law, refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation for the harm caused by the defendant’s actions.
Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.
What is a Personal Injury Case?
Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and another party might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through a settlement before any lawsuit is filed.
Situations where personal injury rules apply include:
- Accidents. Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person. Examples are car accidents, pedestrian accidents, slip and fall accidents, and medical malpractice.
- Intentional Acts. Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person. An example of this is assault and battery.
- Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing. Examples of this include certain types of product liability claims arising from a defective product.
- Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.
Comparative or “Shared” Fault in Rhode Island
Rhode Island adheres to the pure form of comparative negligence. A claimant’s award is diminished in proportion to the claimant’s negligence, but the claimant’s negligence, no matter how great, will not act as a bar to recovery. R.I. Gen. Laws § 9-20-4 (1997).
Statute of Limitations
Rhode Island’s set of laws include a statute of limitations that sets a time limit on filing a personal injury case in the state’s civil court system. Generally speaking, you have three years after the date of an accident to get your lawsuit filed.
Damage Caps in Rhode Island Injury Cases
Rhode Island does not cap damages in personal injury or medical malpractice cases. However, plaintiffs in wrongful death cases may not recover punitive damages in Rhode Island.
If you or a loved one has been involved in a case of Defamation, Intentional Acts, Defective Products, or Accidents, let our Personal Injury Attorney Providence help you navigate the complex legal world of insurance companies, claims agents and legal proceedings.
You’ll find the help you need at the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd., where we have been successfully representing people in personal injury cases for more than forty years. Our Personal Injury Lawyers have all been designated as “Super Lawyers” or “Rising Stars” by Super Lawyers Magazine. Ronald J. Resmini has earned the highest possible rating from Martindale-Hubbell and is a member of the Million Dollar Advocates Forum. We have won millions of dollars in successful verdicts and settlements for our clients. We are a top-notch Rhode Island Law Firm that knows how to defend complicated cases such as Defamation, Intentional Acts, Defective Products, or Accidents.
Call the Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. today to schedule your free consultation with a personal injury attorney in Rhode Island. Pick up the phone and call us now at (401) 751-8855.