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Rhode Island Personal Injury Laws

Rhode Island follows a pure comparative negligence system, meaning you can recover damages even if you are 99% at fault — your award is simply reduced by your percentage of fault. Rhode Island is a traditional tort (at-fault) auto insurance state. The general statute of limitations for personal injury is 3 years from the date of injury.

Last verified: 2026-02-25

Statute of Limitations

Personal injury claims must be filed within 3 years of the date the cause of action accrued (typically the date of injury).

Exceptions

Discovery Rule3 years from discoveryR.I. Gen. Laws § 9-1-20

When the responsible party fraudulently conceals the cause of action by actual misrepresentation, the statute does not begin running until the plaintiff discovers the claim.

MinorsUntil age 21R.I. Gen. Laws § 9-1-19

If the injured person is a minor, the statute of limitations is tolled until they reach the age of 21.

Wrongful Death3 years from date of deathR.I. Gen. Laws § 10-7-2

Wrongful death actions must be filed within 3 years of the death. The personal representative has 6 months to file; after that, beneficiaries may file directly.

Fault & Liability Rules

Pure Comparative NegligenceR.I. Gen. Laws § 9-20-4

Rhode Island is a pure comparative negligence state. You can recover damages even if you are mostly at fault — your recovery is reduced by your percentage of negligence. There is no threshold that bars recovery entirely.

Damage Caps

Compensatory Damages: No cap

Rhode Island does not impose a statutory cap on compensatory damages in personal injury cases.

Punitive Damages: No fixed statutory cap

Rhode Island allows punitive damages in cases of willful, wanton, or malicious conduct. There is no statutory cap, but awards must be proportional to the wrongdoing.

Auto Insurance System

Rhode Island is a traditional tort (at-fault) state. The at-fault driver is responsible for damages. Minimum liability coverage is 25/50/25: $25,000 per person bodily injury, $50,000 per accident bodily injury, and $25,000 property damage. Uninsured motorist coverage is also required.

Key Rhode Island Statutes

Joint and Several LiabilityR.I. Gen. Laws § 10-6-2

Rhode Island maintains joint and several liability for joint tortfeasors. A plaintiff can recover 100% of damages from any tortfeasor who contributed to the injury, regardless of that tortfeasor's percentage of fault.

When the wrongful act, neglect, or default of another causes death, the personal representative or beneficiaries may bring an action for damages including pain and suffering of the decedent and loss to the beneficiaries.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Rhode Island General Assembly — Statutes. For advice about your specific situation, consult a licensed attorney.

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