Whether a relatively minor fender bender or a catastrophic collision, the period after a car accident is often fraught with confusion, pain and suffering, and uncertainty. You may suddenly face significant physical, financial, and emotional challenges, and if you believe your focus should be on getting better, you’re correct. However, you must also be mindful of deadlines for seeking compensation from the driver who caused your injuries. Failing to act in time could mean losing your right to pursue legal action altogether. So, how long after a car accident can you claim injury as an accident victim? It depends on how Rhode Island’s statute of limitations applies to your case.
What Is a Statute of Limitations?
A statute of limitations is a law that establishes the maximum time after an event within which you may bring a personal injury lawsuit. Statutes of limitations are not negotiable. They serve several important purposes in the legal system:
- Encouraging Timely Legal Action – They encourage plaintiffs to file lawsuits promptly while evidence is fresh and memories are clear. This helps with the accuracy and reliability of legal proceedings.
- Preserving Resources – By limiting the timeframe for filing lawsuits, statutes of limitations help prevent the backlog of court cases and allow for a more efficient allocation of judicial resources.
- Promoting Fairness to Defendants – They protect individuals and entities from facing legal action for events that happened long ago, when memories may have faded, witnesses may be unavailable, and evidence may have been lost or destroyed. Thanks to statutes of limitations, potential defendants are not unfairly burdened by having to defend themselves against stale claims.
- Providing Finality – Statutes of limitations provide a sense of closure and finality to legal matters, allowing both parties to move forward without the lingering threat of litigation. This promotes stability and certainty in legal relationships.
The Statute of Limitations in Rhode Island
In Rhode Island, the statute of limitations for personal injury claims, including those resulting from car accidents, is three years from the accident date. This means you have three years to file a lawsuit seeking compensation for your injuries. The clock starts running the moment you suffer a personal injury. Failing to file on time usually results in losing your right to sue.
Families affected by wrongful death have a three-year window to file a claim after their loved one’s passing. Property damage claims, like those for car repairs, have a 10-year deadline. However, in most car accident scenarios, pursuing a property damage claim is unusual when there is also no need to file a personal injury claim.
Exceptions to the Statute of Limitations
There are exceptions to this rule that can either extend or shorten the time frame within which you must file a claim. For example:
- Minors – If the injured party is a minor, the statute of limitations does not go into effect until they turn 18. Therefore, they have until their 21st birthday to file a claim.
- Discovery Rule – In some cases, injuries or their severity may not be immediately apparent. In these situations, the discovery rule pauses the statute of limitations until the date the injury was discovered or should have been reasonably discovered.
- Government Claims – While the three-year deadline also applies when the accident that injured you involved a government vehicle, some circumstances may also require you to file a notice of claim within 60 days of your injury.
Steps to Take Immediately After a Car Accident
While you have a three-year window to file a lawsuit, taking certain actions immediately after the accident can strengthen your case and promote a smoother claims process.
- Seek Medical Attention – Your health must be your top priority. Even if you feel fine, some injuries may not manifest immediately. A medical professional will assess your condition and provide documentation of your injuries to support your claim.
- Report the Accident – In Rhode Island, you must report the accident to the police if there are injuries, fatalities, or property damage over $1,000. The police report serves as an essential piece of evidence in your claim.
- Gather Evidence – Collect as much evidence as possible at the scene. This includes taking photos of the accident, gathering witness contact information, and exchanging details with the other driver. Evidence like this can significantly support your claim.
- Notify Your Insurance Company – Inform your insurance company about the accident as soon as possible. They can guide you through the next steps and begin your claim process.
Mistakes to Avoid When Filing a Claim
To maximize your chances of a successful claim, avoid these common mistakes:
- Delaying Medical Treatment – Seeking prompt medical treatment is essential, both for your health and your claim. Delays can be used against you to argue that your injuries are not severe or resulted from something other than the accident.
- Providing Recorded Statements – Insurance companies may ask for recorded statements soon after the auto accident. It is wise to consult with an attorney before providing any statements, as your words can be used to undermine your claim.
- Accepting the First Settlement Offer – Insurance companies often start with low settlement offers. Consult an attorney to evaluate whether the offer adequately covers your damages before accepting.
- Not Hiring an Attorney – Going through the personal injury claims process without legal representation can be challenging and risky. An experienced Providence car accident attorney will provide valuable guidance and advocate for your best interests.
Contact an Experienced Rhode Island Personal Injury Attorney Today
Understanding the timeline, legal requirements, and time limits for filing a car accident injury or personal injury claim in Rhode Island is crucial to securing the compensation you deserve. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. can help you through the claims process more effectively and allow you to focus on your recovery. We have decades of experience helping injured Rhode Island residents seek compensation, justice, and accountability when other drivers have harmed them through negligence or carelessness. Contact us online or call us today at (401) 751-8855 to get started with a free consultation. Our Providence personal injury lawyers and car accident lawyers look forward to learning about your situation and reviewing your legal options. Our team of attorneys can help you pursue the justice you deserve.
