To make sure everyone’s up to speed, let’s start off with what the statute of limitations is. The statute of limitations is a state law that sets a deadline for the filing of any kind of civil lawsuit. The deadlines can vary depending on the kind of case being filed, but the time limits are almost always expressed in years. Failing to comply with the deadline set by a statute of limitations will almost certainly negatively effect your case. Now let’s see how this effects car accidents in li’l Rhody.
In Rhode Island Law, almost all injury lawsuits arising from a vehicle accident are governed by the statute of limitations found at Rhode Island General Laws section 9-1-14. This law gives you three years to ask Rhode Island’s civil court system for a remedy for any kind of personal injury caused by someone else. So, when it comes to a motor vehicle accident, that means any lawsuit by any driver, passenger, motorcycle rider, bicyclist, or pedestrian injured in the crash will be subject to this three-year filing deadline, and the “clock” starts running on the date of the accident.
If anyone was killed as a result of the car accident, Rhode Island General Laws section 10-7-2 also sets a three-year statute of limitations deadline for any wrongful death claim that might be brought by the deceased person’s family. The main difference is that, for these kinds of claims, the three year “clock” starts running, not on the date of the accident itself, but on the date of the victim’s death.
However, in the case where your vehicle or other personal property damaged as a result of the car accident, the catch-all statute of limitations found at Rhode Island General Laws section 9-1-13 gives you a very generous 10 years to get your case filed.
The success of the case will almost certainly hinge on your ability to prove that the defendant’s negligence was the cause of the crash. Always make sure you have plenty of time to file a lawsuit, even if you’re pretty sure your case is headed for a car accident settlement. If you have all of your options open — and the other side knows it — you’ll have more leverage during settlement talks. So if the filing deadline is approaching, it may be time to talk with an experienced Rhode Island car accident attorney at The Law Offices of Dussault & Zatir.