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Rhode Island · Updated

Injured in Rhode Island: deadlines, rules and lawyers

Most of what to do after an injury is the same everywhere. The deadline to file, and a few other rules, are set by each state. Here are Rhode Island’s, each with the law it comes from. This is general information, not advice about your case.

We don’t list firms in Rhode Island yet. You can still check how to look up a lawyer’s license.

Know this first

Step 1: Three years to file in court

3 yearsfor most injury lawsuits

In Rhode Island, most injury lawsuits must be filed in court within three years1.

When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.

In Rhode Island, an action for injuries to the person must be commenced within three years after the cause of action accrues1. Wrongful death, medical malpractice and claims against the state, cities and towns also run three years, but each has its own start point or notice step.

The law, as written

  • Personal injury3 years

    In Rhode Island, “[a]ctions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after”1.

    More detail

    Where the insured tortfeasor cannot be served and process is returned “non est inventus,” Rhode Island extends the time to sue the insurer directly under § 27-7-2 by an additional 120 days1. Otherwise the injured party may not join the insurer as a defendant in the suit against the insured2.

If a family member died

Step 2: If someone died

A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.

The law, as written

  • Wrongful death3 years from death

    In Rhode Island, a wrongful-death action “shall be commenced within three (3) years after the death of the person”; if the wrongful act is not known at the time of death, the three years run from when it is discovered or, with reasonable diligence, should have been discovered3.

If a government body was involved

Step 3: Claims against the state or a local government

If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.

The law, as written

  • Claims against the state, cities and towns: suit deadline3 years

    In Rhode Island, a tort action against the state, any political subdivision, or any city or town must be instituted within three years of the accrual of the claim, and “[f]ailure to institute suit within the three-year (3) period shall constitute a bar”4.

  • Claims against cities and towns: presentmentPresent to council; 40 days before suit

    In Rhode Island, a person with a claim against a town or city must present “a particular account” of the claim to the town or city council, and may sue the treasurer if just and due satisfaction is not made within 40 days after presentment5.

    More detail

    For injuries from a defective highway, causeway or bridge, Rhode Island requires notice to the town of “the time, place, and cause of the injury or damage” within 60 days, and suit within three years of the injury6.

How fault is counted

Step 4: If you were partly at fault

Pure comparative

In Rhode Island, your own share of the fault lowers what you can recover, but it does not stop you from recovering7.

In Rhode Island, a plaintiff's lack of due care does not bar recovery; damages are diminished in proportion to the plaintiff's negligence, a pure comparative-fault rule7. Joint tortfeasors share contribution by relative fault, and a release of one reduces the claim by the amount paid.

The law, as written

  • Fault modelPure comparative

    In Rhode Island, the fact that the injured person “may not have been in the exercise of due care or the fact that the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured”7.

    More detail

    The “open and obvious” language was added by P.L. 2019, ch. 185 and ch. 2567. Rhode Island also provides that “[t]here shall be no setoff of damages between the respective parties”8.

If a doctor, hospital or clinic was involved

Step 5: Medical malpractice has its own limits

Claims against a doctor, hospital or clinic often have their own deadline and extra steps before filing.

The law, as written

  • Medical malpractice3 years from occurrence or discovery

    In Rhode Island, a medical-malpractice action must be commenced within three years from the occurrence of the incident, or, for injuries not discoverable with reasonable diligence, within three years of when the malpractice should have been discovered9.

    More detail

    A minor on whose behalf no action is brought within the three years may sue “at any time up to twenty-one (21) years of age”9; a person under mental disability has three years from removal of the disability9.

If they were a minor

Step 6: If the injured person is a child

The clock can run differently for a child’s claim.

The law, as written

  • Minors and other disabilitiesTolled until 18

    In Rhode Island, a person who is under 18, “of unsound mind, or beyond the limits of the United States” when a cause of action accrues may bring it within the limitations period after the impediment is removed10.

    More detail

    Medical malpractice has its own minority rule (suit up to age 21)9. Childhood sexual abuse claims are governed by § 9-1-511.

Next

Step 7: What to do with this

  • Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
  • Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Rhode Island can tell you which ones apply.
  • Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?

How to check a lawyer’s license in Rhode Island

Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.

How to choose an injury lawyer

More about deadlines

How we list firms

How we list firms

We don’t rank firms. Listing is free and doesn’t depend on buying anything.

Firms are listed for free, in A–Z order. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.

How we list firms

Sources

Where the legal facts on this page come from

  1. R.I. Gen. Laws § 9-1-14Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 9-1-14
  2. R.I. Gen. Laws § 27-7-2Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 27-7-2
  3. R.I. Gen. Laws § 10-7-2Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 10-7-2
  4. R.I. Gen. Laws § 9-1-25Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 9-1-25
  5. R.I. Gen. Laws § 45-15-5Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 45-15-5
  6. R.I. Gen. Laws § 45-15-9Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 45-15-9
  7. R.I. Gen. Laws § 9-20-4Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 9-20-4
  8. R.I. Gen. Laws § 9-20-4.1Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 9-20-4.1
  9. R.I. Gen. Laws § 9-1-14.1Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 9-1-14.1
  10. R.I. Gen. Laws § 9-1-19Rhode Island General Assembly (General Laws, webserver.rilegislature.gov; read 2026-11-06) · read 6 Nov 2026Read the source: R.I. Gen. Laws § 9-1-19

This is general information, not legal advice.