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Dos and Don’t When Settling A Personal Injury Claim

Navigating personal injury claims in Rhode Island requires a careful understanding of specific legal procedures and regulations unique to the state. Individuals must know the dos and don’ts that govern these cases to manage their claims effectively. By adhering to the guidelines below, claimants can navigate the complexities of settling personal injury claims in Rhode Island more effectively, ensuring an informed approach to seeking justice and compensation.

Below is a detailed discussion of the dos and don’ts when it comes to settling a personal injury claim in Rhode Island:

The Dos Of Settling A Personal Injury Claim:

  • Seek Medical Attention Immediately:  Prioritize your health. See a doctor right away for your injuries, not only for your well-being but also to document your injuries, which is crucial for your claim.
  • Consult with a Rhode Island Personal Injury Attorney: Personal injury laws vary significantly from state to state. A local Rhode Island attorney can provide you with advice tailored to the specific laws and statutes of Rhode Island.
  • Document Everything: Ensure you keep a detailed record of all medical treatments, receipts, and any expenses incurred due to the injury. Document the accident scene and your injuries with photos if possible.
  • Be Aware Of The Statute of Limitations For Personal Injury Claims: In Rhode Island, you generally have three years from the accident date to file a personal injury lawsuit. You must complete this deadline to file a claim.
  • Be Cautious With Early Settlement Offers: Insurance companies often offer a quick settlement that may be far less than what you are entitled to. Consult your attorney before you accept any offers.

The Don’ts Of Settling A Personal Injury Claim:

  • Don’t Settle Without Understanding the Full Extent of Your Injuries: Your injuries’ full impact may soon be apparent. Settling too early could result in compensation that only covers some future medical expenses you might incur.
  • Only Provide a Recorded Statement to the Insurance Company With Legal Advice: Insurance adjusters may use your words against you to minimize your claim. Always consult with your attorney before giving a statement.
  • Don’t Overlook Mental and Emotional Injuries: Personal injury claims can also include compensation for mental and emotional distress. Consider the full scope of your injuries when negotiating a settlement.
  • Don’t Post About Your Injury on Social Media: Insurance companies may monitor your social media accounts to find evidence that conflicts with your claim. Limit your social media activity during this time and discuss your case with your attorney before posting anything related to your injury.
  • Don’t Accept the First Offer Without Consulting Your Attorney: The first settlement offer is often a lowball amount. Your attorney can negotiate to ensure you receive a fair settlement covering all of your damages.

Additional Considerations When Settling A Personal Injury Claim

  • Understand Comparative Fault: Rhode Island follows a “pure comparative negligence” rule, meaning that if you are found partly at fault for the accident, your compensation can be reduced by your percentage of fault. Be prepared to discuss the accident details thoroughly with your attorney to assess your risk of being found partially at fault. 
  • Consider Future Damages: Ensure your settlement includes compensation for any ongoing medical treatments, loss of earning capacity, and other future damages related to your injury.

Takeaway

Settling a personal injury claim in Rhode Island requires a strategic approach to ensure that the insurance company or party at fault adequately compensates you for your injuries. Consulting with a knowledgeable personal injury attorney can provide you with the guidance necessary to navigate the complexities of the legal system in Rhode Island. Palumbo Law has highly skilled personal injury attorneys who can help you in the settlement of your case.  Contact us for an initial consultation, and we will take all the necessary steps to help you achieve your desired settlement.