Can I file a personal injury claim in Rhode Island if I live in another state?

Potentially, yes. Living in another state does not automatically prevent you from pursuing a claim for injuries suffered in Rhode Island. The specific facts of your accident will determine your legal options.

Can I pursue a claim after I return home?

Yes, in many cases. You may be able to continue receiving medical treatment in your home state while your Rhode Island personal injury claim is being investigated or pursued.

How long do I have to file a personal injury lawsuit in Rhode Island?

Most Rhode Island personal injury lawsuits must generally be filed within three years after the cause of action accrues. However, certain circumstances may affect legal deadlines, so you should speak with an attorney about your specific case.

Do I need to return to Rhode Island for my personal injury claim?

Not necessarily. An attorney can explain how your case may be handled based on your location and the specific circumstances of your accident.

Should I contact a local personal injury attorney or one in my home state?

You should contact an attorney that is licensed to practice in the state where your accident occurred. A Rhode Island personal injury attorney can evaluate your case under Rhode Island law, investigate the accident, preserve evidence, communicate with insurance companies, and help you understand your legal options.

Injured by a Drunk Driver in Rhode Island? Understanding Your Personal Injury Claim and the Criminal Case

Ann Sheeley
3 hours ago
4 min read

Injured by a Drunk Driver in Rhode Island? What You Need to Know

When an impaired driver causes an accident, the injured victim may suddenly find themselves involved in two very different legal processes: the criminal DUI case against the driver and their own personal injury claim. This can leave victims confused about the legal process, their rights and how to handle the insurance company.

The important thing to understand is that a criminal DUI case and a personal injury claim are two separate legal matters with different purposes. Below, Rhode Island Personal Injury and Criminal Defense Attorney Ann Sheeley explains how a criminal DUI case and a personal injury claim may intersect and what injured victims should do to pursue justice and compensation. As always, we are available 24/7 for a free consultation to answer your specific questions.

The Criminal DUI Case vs. Your Personal Injury Claim

When a driver is charged with DUI in Rhode Island, the criminal case is brought by the state. If an impaired driver causes serious bodily injury, the potential criminal charges and penalties can become significantly more serious. The injured person, however, is not responsible for prosecuting the DUI case. A personal injury claim is a separate civil matter that allows the injured person to pursue compensation for losses resulting from the accident.

Depending on the circumstances, those losses may include:

Medical expenses and future medical care
Lost wages and diminished earning capacity
Pain and suffering
Permanent impairment or disability
Other accident-related losses

Do I Have to Wait for the DUI Case to End Before Filing a Personal Injury Claim?

Generally, no. An injured person can begin pursuing a personal injury claim while the criminal DUI case is still pending. In fact, waiting unnecessarily can make it more difficult to preserve evidence, document injuries and deal effectively with the insurance companies involved.

Under Rhode Island law, personal injury actions generally must be filed within three years of the accident. However, every case is different, and other deadlines may apply. The criminal and civil cases may proceed on different timelines, which is why it’s important to have an experienced attorney guide and represent you from the start.

Does a DUI Arrest or Conviction Automatically Prove My Personal Injury Case?

Not necessarily. An arrest is an allegation, not a finding of guilt. Even when a driver is ultimately convicted or enters a plea in the criminal case, the injured person's civil claim still involves its own legal and factual issues.

The personal injury case may require evidence establishing how the accident occurred, who was legally responsible and how the crash caused the victim's injuries and losses.

The outcome of the criminal case may be relevant to the civil claim, but an injured person should not assume that a DUI charge alone guarantees compensation.

Can Evidence From the DUI Investigation Help My Personal Injury Claim?

Potentially, yes. A DUI investigation can generate evidence that may also be important when evaluating a civil claim. Depending on the circumstances, this could include police reports, witness statements, photographs or video, observations made by investigating officers, chemical test results and other evidence concerning the driver's actions before or during the collision.

Some of that evidence may become more difficult to locate as time passes. An attorney handling the personal injury claim can work to identify and preserve relevant evidence while also monitoring developments in the criminal proceeding.

What Rights Do I Have as the Victim of a DUI Accident?

Rhode Island law provides certain rights to victims of crimes. Depending on the case, these can include rights to receive information about court proceedings, provide a victim impact statement and request that restitution be considered as part of the criminal case. Restitution, however, should not be confused with a personal injury claim.

When restitution is ordered, it is part of the criminal proceeding and is intended to compensate a victim for certain losses. A civil personal injury claim may address a broader range of damages resulting from the accident. For someone facing substantial medical expenses, lost income, long-term treatment or permanent injuries, understanding the distinction between the two can be especially important.

What If the Drunk Driver Doesn't Have Any or Enough Insurance?

Serious accidents can result in damages that exceed the at-fault driver's available liability insurance, particularly when several people are injured in the same collision.

In those situations, an injured person's own automobile insurance policy may become important.

Rhode Island law provides for uninsured and underinsured motorist coverage, subject to the terms and limits of the applicable policy. Underinsured motorist coverage may provide an additional source of recovery when the responsible driver's liability coverage is not sufficient to compensate an injured person for their damages. Your personal injury attorney will determine what insurance coverage is available and pursue any avenue to seek additional compensation to cover your losses and expenses.

Can I Pursue a Claim If the Driver Is Not Convicted of DUI?

Yes. The outcome of the criminal case does not necessarily determine whether an injured person has a viable personal injury claim.

Criminal charges must be proven under the criminal standard of proof. A civil personal injury claim is a separate proceeding governed by different legal standards. Even if a DUI charge is reduced, dismissed or does not result in a conviction, evidence may still establish that the other driver acted negligently and caused the accident and resulting injuries.

Next Steps: Why It’s Important to Act Early

When you are injured by a drunk driver in Rhode Island, taking action early can help preserve evidence and protect the injured person's rights while the criminal case moves forward. After a serious accident, the at-fault driver’s insurance company may contact you quickly for a statement or even make an early settlement offer. Before speaking with the insurance company or accepting an offer, it is important to contact a Rhode Island personal injury attorney who can protect your rights, handle insurance inquiries and negotiations, and help you navigate the legal process.

As both a Rhode Island personal injury and criminal defense law firm with over three decades of experience, Sheeley Law understands both Rhode Island personal injury law and the complexities of DUI proceedings. If you or a loved one has been injured in an accident involving a suspected impaired driver, we can help you navigate the legal process, ensure your rights are protected, and obtain maximum compensation for your losses and expenses.