The Impact of Statute of Limitations in RI Personal Injury Cases
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Posted On :
Dec-26-2011
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Article Word Count :
496
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Here, readers will find information regarding the impact of statute of limitations in ri personal injury cases.
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Under the laws of Rhode Island, a lawsuit must be filed within three years after the incident causing your personal injury occurred. An insurance company may be sued up to 120 days later in some circumstances, but only if the original lawsuit is filed before this deadline.
This limitation is extremely important, since your failure to file a personal injury lawsuit within this time could completely destroy the value of your claim. Consider Marvin v. Santos, where a Pennsylvanian resident sued a Rhode Island driver nearly three years after the incident for a personal injury that occurred in New Jersey. Mr. Marvin's Rhode Island personal injury attorney attempted to use Rhode Island's laws for his claim, since both New Jersey and Pennsylvania only allow a personal injury lawsuit to be filed within two years of the injury. To determine which state's laws should govern the claim, the federal judge considered which of the three states had the most significant relationship to the event and the parties. Applying Rhode Island's event and party relationship rules described in Blais v. Aetna Cas. & Sur. Co., the court determined that since the conduct and personal injury occurred in New Jersey, New Jersey's laws should apply to the claim. Mr. Marvin's Rhode Island personal injury case was dismissed, leaving him with no way for recover for his injuries.
Delays even within the statute of limitations time frame can be harmful to your interests. To secure compensation for your personal injury, a personal injury lawyer requires a great deal of time to identify the people and companies responsible for your injury, gather and preserve evidence, secure medical and other records, find and interview witnesses, and prepare the necessary documents to proceed with your claim. Your personal injury attorney requires substantial time to identify, copy, and transmit records. People forget what they see, and may not be as helpful in describing what they saw if their testimony is not properly preserved. The evidence your personal injury attorney presents to an insurance adjuster, mediator, fact-finder, or jury will be limited to what can be secured within the time limits of the proceeding. Insurance companies regularly use delaying tactics against personal injury victims to limit the amount of money they pay, if any.
Rules such as Rhode Island's statute of limitations underscore why you need a personal injury attorney. Your RI personal injury attorney will need to determine how long you have to file a claim and the best way of securing a recovery for you. Without complete information, your personal injury attorney may not be able to identify the true value of your claim, provide the best representation of your interests, and could even lose your claim based upon missing information. Your personal injury attorney's ability to effectively represent your interests will be limited by their ability to gather and secure information. Please, do not delay in consulting a personal injury attorney after you have been injured.
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Article Source :
http://www.articleseen.com/Article_The Impact of Statute of Limitations in RI Personal Injury Cases_124529.aspx
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Author Resource :
Mike Bottaro is a RI personal injury lawyer handling RI car accident, medical malpractice, product liability and additional injury cases in Rhode Island and SE Massachusetts. Call 866-LAW-9700 for a free consultation or visit www.bottarolaw.com.
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Keywords :
personal injury lawyer, personal injury attorney, RI personal injury attorney, RI personal injury lawyer ,
Category :
Business
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Business
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