When you’ve been in an accident in Rhode Island, there are many different types of damages you can seek. Damages such as medical bills and lost wages are tangible, making them easy to fight for. But damages such as pain and suffering can present challenges because they are intangible. While you can sue for pain and suffering in Rhode Island, you want to have a personal injury lawyer in Rhode Island by your side. At Inman & Tourgee, we have a team of personal injury lawyers ready to fight for compensation, including for pain and suffering.
What Qualifies as Pain and Suffering?
When we’re talking about damages, they are typically divided into two basic categories: economic and non-economic damages. Economic damages cover tangible, out-of-pocket expenses. This can refer to medical bills, lost wages, and loss of earning capacity due to the injury.
When we refer to non-economic damages, we’re referring to non-tangible losses. This includes pain and suffering, such as the physical pain your body feels as a result of your accident. This type of pain can become chronic depending on the injury. There is also the mental and emotional impact. Many people deal with anxiety, depression, and post-traumatic stress due to their accident.
How Courts Evaluate Pain & Suffering
Because there are no receipts or invoices for emotional distress, putting a price tag on
Pain and suffering is difficult.
Insurance adjusters, judges, and juries typically look at several key factors:
- Severity of the Injury: More severe injuries, like broken bones, spinal cord damage, or traumatic brain injuries, will typically receive a higher compensation rate.
- Impact on Daily Life: How much has the injury changed your life? If you can no longer work or take care of yourself or your family, compensation can be greater.
- Duration of Recovery: If it takes months or years to recover from an injury versus weeks, you will likely receive a higher level of compensation.
- Permanent Damage: If the injury results in permanent scarring, disfigurement, or chronic disability, the valuation of the claim will increase.
How Pain & Suffering is Calculated
One of two methods is typically used to determine a settlement amount, either the multiplier method or the per diem method.
The multiplier method involves multiplying your total economic medical bills by a number between 1.5 and 5 (depending on the severity of the injury).
The per diem method assigns a specific dollar amount to every single day you lived in pain from the date of the accident until you reached maximum medical improvement.
At Inman & Tourgee, we can help you get the maximum compensation for your pain and suffering. We have the experience you can count on when dealing with insurance companies.
Caps and Limitations
Unlike many states that impose caps on non-economic damages, Rhode Island does not have a statutory cap on pain and suffering damages in general personal injury cases.
But, there are two factors to keep in mind:
The Statute of Limitations
In Rhode Island, you generally have three years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, you lose your right to sue for any damages, including pain and suffering.
Pure Comparative Negligence
Rhode Island is one of 13 states that follow a pure comparative fault system. This means you can still recover damages even if you were partially to blame for the accident, but your percentage of fault will reduce your financial award.
For example, if a jury determines your pain and suffering is worth $100,000, and you are found to be 20% at fault for the accident, this will be deducted from your settlement. This means you will receive $80,000, not $100,000.
Why You Need Legal Representation
When it comes to injury compensation in Rhode Island, you want to have Inman & Tourgee on your team. We will work to gather evidence to prove your case. This includes medical records and expert testimony. We also work with you to provide documentation about how your injury has changed your life.
You can count on us to deal with the insurance companies so you can focus on your injury. This helps to prevent you from accepting lowball offers that will not cover your claim.
If you’ve been injured due to someone else’s negligence in Rhode Island, it’s time to call the team at Inman & Tourgee. Reach us at 401-823-9200 or contact us online to schedule an appointment so we can get to work on your case.
