Rhode Island Car Accident FAQs
- Updated date:
- April 9, 2024
After a serious car accident, many victims are left reeling from the physical, emotional, and financial trauma, leaving them little time and energy to worry about resolving legal issues.
Most car accident victims are also left with lots of questions about what to do next. We have provided answers to some of the most common questions involving car accidents so that you can better understand your legal situation.
The experienced Rhode Island personal injury lawyers at Marasco & Nesselbush, LLP, are ready to review your accident and individually answer your specific questions in a free consultation. Our goal is to get you just compensation for medical bills, lost wages, pain and suffering, and other damages. We obtain extraordinary results for our auto accident clients by putting their best interests first and holding negligent drivers and their insurance companies accountable.
Contact us now to discuss your car accident case with an experienced Rhode Island car accident attorney for free.
What compensation can you recover after a car accident in Rhode Island?
The compensation you can recover after a Rhode Island car accident depends on factors such as the severity of injuries, impact on work and future earning capacity, diminished quality of life, medical expenses, impairment, and negative effects on personal relationships.
Examples of compensation include reimbursement for medical costs, coverage for future medical expenses related to sustained injuries, compensation for lost wages during recovery, and financial support for lost earning capacity if the injuries prevent you from returning to your previous job or working altogether. Additional forms of compensation may encompass hiring assistance for housework, loss of consortium, pain and suffering, and other damages affecting your overall well-being. To determine the types of compensation applicable to your case, consulting with a qualified personal injury attorney is crucial.
What parties could be held liable for injuries in a Rhode Island car accident?
In Rhode Island, the party or parties who were at fault for the accident are required to compensate accident victims for their losses. Many car accident cases involve one or more drivers who were at fault. The negligence of non-drivers may have also played a role. For example, the manufacturer of a defective automotive part or the government agency that failed to repair a dangerous road condition may also be liable. Companies that employ negligent drivers – trucking companies, for example – may also be held responsible for accidents their employees cause.
In many cases, it is critical to conduct an independent investigation into the accident to determine its true cause and which parties may be held responsible. The attorneys at Marasco & Nesselbush frequently work with investigators, accident reconstructionists, and other experts to uncover what really happened in a crash and who should be held responsible for it.
How long do I have to file a claim for my car accident injuries in Rhode Island?
Rhode Island imposes a “statute of limitations,” restricting the time within which you must file a lawsuit after an accident. The timeframe varies based on the nature of the case; for personal injury resulting from a car accident, you typically have three years from the accident date to initiate legal action. In the case of fatal car accidents leading to a wrongful death claim, the statute of limitations is three years from the date of death. Despite the seemingly ample time, it is crucial to promptly begin the claims process, as evidence and witnesses may become inaccessible over time, and early engagement allows attorneys to construct a robust legal claim for compensation.
While the standard period is three years, exceptions exist, especially involving minors or disabled adults, where the statute of limitations may be extended. It is advisable to consult with an attorney as soon as possible, even if a considerable amount of time has elapsed, to explore the specifics of your case and understand any potential extensions to the limitations period.
The driver who hit me was texting while driving. What should I do?
Texting while driving is illegal for all drivers in Rhode Island. If the driver who hit you broke this law by texting behind the wheel, leading to the crash, that driver may be held responsible for your accident.
Even if the driver was not charged with violating the texting ban – or was charged but the charges were dismissed – you may still be able to hold him or her liable for your injuries. Civil liability for an accident is a separate matter from traffic violations.
It may be possible to obtain cell phone records that indicate the other driver was sending or receiving a text message at the time of your crash. Witness statements may also support that the other driver was texting. It is critical to work with an experienced attorney who can gather these and other types of evidence to build your claim for full and fair compensation.
Can I still recover compensation if I was partly at fault in the car accident?
In Rhode Island, the “pure comparative fault rule” ensures that even if you share some blame for an accident, you can still pursue compensation from other negligent parties. Your eligibility for recovery remains intact as long as their negligence contributed to the incident, irrespective of your own negligence. However, the compensation you receive will be proportionately reduced based on your percentage of fault. For instance, if you are deemed 25 percent responsible for a $10,000 damage claim, your award would be adjusted by 25 percent, resulting in a potential recovery of $7,500.
Seeking guidance from an experienced Rhode Island personal injury attorney, such as Marasco & Nesselbush, LLP, is crucial, especially when you believe you bear partial responsibility for the crash. The immediate aftermath may not reveal all the facts, and a thorough investigation might demonstrate that you were not primarily at fault. Even if some degree of responsibility is attributed to you, you may still have the right to pursue compensation from the other parties deemed at fault.
How can I afford an attorney to represent me in my car accident case?
Engaging with Marasco & Nesselbush’s experienced attorneys is financially accessible. Initial consultations and claim reviews incur no charges, and we operate on a contingency fee basis for personal injury claims. This arrangement means there are no upfront fees; our attorneys only receive payment if we successfully recover compensation for your claim.
In such cases, an agreed-upon percentage is deducted from your final settlement or court award. If we are unable to secure compensation for you, there is no obligation for payment for our legal services.
What should you do if your loved one was killed in a car accident in Rhode Island?
You may be entitled to recover compensation for your loss through a wrongful death claim. Rhode Island law allows certain family members to recover damages when they lose a relative in an accident caused by someone else’s negligence, such as that of a drunk driver.
Dealing with the loss of a loved one is difficult, particularly when the death was caused by someone else’s recklessness. Getting help from a qualified Rhode Island wrongful death attorney at Marasco & Nesselbush can allow you to focus on putting your life back together while we deal with the legal issues related to securing the compensation you deserve for your tragic loss.
How Do our Rhode Island Personal Injury Lawyers Obtain Results?
At Marasco & Nesselbush, our Rhode Island personal injury lawyers achieve results through a combination of legal expertise, dedication, and a client-centric approach. We start by conducting thorough investigations into each case, gathering evidence, consulting with experts if necessary, and analyzing the unique circumstances surrounding the accident. This meticulous approach allows us to build strong and compelling cases that can withstand legal scrutiny.
Our team is committed to advocating for our clients rights and interests, whether through negotiation with insurance companies or vigorous representation in court. We leverage our experience and knowledge of Rhode Island personal injury laws to navigate complexities, aiming for optimal outcomes. Additionally, our attorneys work closely with clients, ensuring they are informed and involved throughout the process. This client-focused strategy, combined with a track record of successful settlements and court verdicts, underscores our commitment to obtaining favorable results for those we represent.
Do Personal Injury Lawyers Deal with Insurance Companies?
Insurance companies understand that unless they offer our clients a fair settlement, our Rhode Island-based personal injury lawyers will sue them and obtain justice in court. Because of our sterling reputation as personal injury lawyers who are willing to fight for justice, we are generally successful in obtaining excellent settlements for clients without using the Rhode Island court system.
What Do We Do When We Take Your Case?
Whether your auto accident occurred in Rhode Island, Massachusetts, or Connecticut, call our car accident lawyers as soon as possible. After we meet with you (either in our Rhode Island offices or at a location convenient for you) and agree to take your case, our personal injury lawyers will work hard to establish fault to ensure prompt and full compensation.
Marasco & Nesselbush’s professional, experienced team of personal injury lawyers maintain continuous communication with insurance companies and adjusters to stay on top of your case.
Is there a time limit on filing a personal injury lawsuit?
Yes, Rhode Island and others states allow certain amounts of time to file a personal injury lawsuit. This window of time is referred to as the statute of limitations. The amount of time you have to file a personal injury case depends on the type of injury, the age of the victim and the state where the incident occurred. For example, for personal injuries caused by a car accident in Rhode Island, you have three years to file a lawsuit. There are some exceptions allowing a longer period of time if the injury was not known at the time of the accident and was discovered later. It’s important to speak with a qualified personal injury attorney as soon as possible after an accident. Investigations take time, and the quicker you talk to an attorney, the better.
How much money will an initial consultation with an attorney cost?
There is no charge for the initial review of your accident and injury. We will review the specifics of your accident and tell you whether or not we will be able to assist you. We are selective about the cases we work because we do not get paid an attorney’s fee unless we are successful in obtaining compensation for the client. It’s our way of showing our commitment to our clients’ cases. It allows clients to have experienced personal injury lawyers working for them that they might not be able to afford otherwise.
What will I get if I win a car accident lawsuit?
You may receive compensation either through an agreed upon settlement from an insurance company or a monetary award made by a court after a trial. The amount of compensation depends on several factors including the severity of your injuries and the negligence of the at-fault parties.
What should I do immediately after a car accident?
Immediately after a car accident, prioritize the safety of all involved parties. If there are injuries, call emergency services by dialing the appropriate emergency number in your region. Attend to any immediate medical needs, and if it’s safe to do so, move to the side of the road to prevent further accidents or hazards. Turn on hazard lights, set up warning triangles or flares if available, and exchange essential information with the other parties involved, including names, addresses, insurance details, and vehicle information.
Next, document the scene by taking photos of the vehicles, license plates, and the overall accident scene. If there are witnesses, obtain their contact information. Contact law enforcement to report the accident and follow their instructions. Even if the accident seems minor, it’s crucial to report it to the police. Notify your insurance company as soon as possible, providing them with accurate and comprehensive details of the incident. Adhering to these steps can help ensure your safety, facilitate the claims process, and fulfill legal requirements in the aftermath of a car accident.
How long does it take to get a settlement from a car accident?
The time it takes to receive a settlement after a car accident varies widely and depends on several factors. Simple and straightforward cases where liability is clear, injuries are minor, and there is minimal dispute over damages may be resolved relatively quickly. In such cases, settlements may be reached within a few weeks to a couple of months, particularly if the insurance companies involved cooperate efficiently.
However, more complex cases with severe injuries, disputes over liability, or disagreements regarding the extent of damages can significantly extend the settlement process. Legal proceedings, negotiations, and the need for thorough investigations may prolong the timeframe to several months or even years. The specific details of each case, the willingness of the parties to negotiate, and the efficiency of the legal and insurance processes all contribute to the overall duration of obtaining a settlement after a car accident.
What types of damages will a car accident settlement cover?
A car accident settlement typically covers various types of damages, including economic and non-economic losses. Economic damages encompass measurable financial losses, such as medical expenses, property damage, lost wages, and future earning capacity, if applicable. Medical expenses may include costs for hospitalization, surgery, rehabilitation, medication, and any other necessary treatments arising from the accident. Property damage involves the repair or replacement of the vehicle and any personal belongings damaged in the collision. Lost wages represent compensation for income missed due to injuries, recovery time, or medical appointments, while future earning capacity considers long-term impacts on the ability to earn income.
Non-economic damages, on the other hand, involve intangible losses that are more challenging to quantify. This category includes pain and suffering, emotional distress, loss of consortium, and diminished quality of life. Pain and suffering compensation is often based on the severity and duration of physical and emotional distress caused by the accident. Loss of consortium covers the negative impact on relationships, and diminished quality of life compensates for any long-term reduction in the overall enjoyment of life due to injuries sustained in the car accident. The specific types and amounts of damage covered in a settlement depend on the circumstances of the accident, the jurisdiction, and the legal representation involved in the negotiation process.
What are the steps to take if I'm injured in a car accident?
If you’re injured in a car accident, prioritize your safety and seek immediate medical attention. Call emergency services by dialing the appropriate emergency number in your region. Do not hesitate to request an ambulance if needed, even for seemingly minor injuries, as some injuries may not be immediately apparent. While waiting for medical assistance, if it’s safe to do so, move to the side of the road to avoid further accidents. Turn on hazard lights, and if available, use warning triangles or flares to alert other drivers. Exchange essential information with the other parties involved, including names, addresses, insurance details, and vehicle information.
After addressing immediate medical needs and ensuring safety, document the accident scene by taking photos of the vehicles, license plates, and the overall scene. Collect contact information from any witnesses. Contact law enforcement to report the accident, providing them with accurate and comprehensive details. Notify your insurance company as soon as possible, sharing information about the incident and your injuries. It is crucial to follow up with medical professionals for a thorough examination and treatment of injuries. Additionally, consider consulting with a personal injury attorney to understand your rights, navigate the legal process, and pursue compensation for your injuries and related damages.
How long do I have to file a claim or lawsuit after a car accident?
The time limit to file a claim or lawsuit after a car accident is determined by the statute of limitations in your jurisdiction. Statutes of limitations vary by location and can range from one to several years. The statute of limitations for filing a personal injury claim or lawsuit after a car accident in Rhode Island is generally three years. It is crucial to be aware of and adhere to the specific time frame applicable to your case, as failing to file within the specified period may result in losing the right to pursue a claim.
Typically, the statute of limitations begins from the date of the accident or the discovery of injuries. To ensure compliance with the deadlines, it is advisable to consult with a personal injury attorney promptly after a car accident. They can provide guidance on the specific time constraints in your jurisdiction, evaluate the merits of your case, and help initiate the necessary legal proceedings within the stipulated timeframe.
How can a car accident lawyer help me, and should I hire one?
A car accident lawyer can provide valuable assistance by navigating the complex legal process and advocating for your rights. They can help you gather and organize evidence, such as police reports, witness statements, and medical records, to build a strong case. Lawyers are experienced in negotiating with insurance companies to ensure you receive fair compensation for damages, including medical expenses, property damage, lost wages, and pain and suffering. If a settlement cannot be reached, a car accident lawyer can file a lawsuit on your behalf and represent you in court, presenting your case to a judge or jury.
Whether or not you should hire a car accident lawyer depends on the circumstances of your case. If the accident resulted in minor injuries, clear liability, and straightforward insurance negotiations, you might handle the claim without legal representation. However, for more complex cases involving severe injuries, disputed liability, or difficulties with the insurance company, hiring a lawyer can be beneficial. They can provide expertise, navigate legal complexities, and ensure you receive the compensation you deserve. Many personal injury attorneys offer free consultations, allowing you to discuss your case and determine the best course of action based on their professional advice.
How do I find the right car accident lawyer for me?
Finding the right car accident lawyer involves careful consideration and research. Start by seeking recommendations from friends, family, or colleagues who may have had positive experiences with personal injury attorneys. Online reviews and testimonials can also provide insights into the reputation and track record of potential lawyers. Local bar associations and legal directories often have lists of qualified attorneys, and you can use these resources to narrow down your options.
Once you’ve identified potential candidates, schedule consultations to discuss your case. During these meetings, ask about their experience with car accident cases, their success rate, and their approach to handling similar situations. Inquire about fees and payment structures, ensuring transparency in how they charge for their services. Additionally, evaluate the lawyer’s communication style, as effective communication is crucial throughout the legal process. Ultimately, choose a car accident lawyer who not only possesses the necessary expertise but also makes you feel comfortable and confident in their ability to represent your interests.
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