If you suffered personal injuries in a truck accident in Warwick, RI and want to sue the party responsible for the accident, you will need to file a claim with the Kent County Superior Court if the amount you are seeking exceeds $10,000. If you are seeking $10,000 or less, you would then need to file your claim with the District Court. While some states allow individuals who are seeking less than $10,000 to file their personal injury claim in small claims court, Rhode Island’s small claims court division not accept personal injury cases or those “relating to damages incurred in automobile or other accidents” [Source: Rhode Island Judiciary].
Generally, an individual might choose to file a claim (i.e. lawsuit) against another party such as a trucking company, a truck driver, etc. if they were unable to recover a sufficient amount of compensation from the liable party’s insurer or the responsible party was not insured at the time of the incident. Another instance where a victim might consider filing a claim is when their damages exceed the truck driver or trucking company’s policy limits.
I have estimated my damages to be worth more than $10,000. What is my next step?
If you believe your damages (i.e. medical expenses, lost earnings, loss of employment, etc.) are worth more than $10,000 and wish to recover this amount from the party who caused the truck collision, the first thing you need to do is hire a Warwick, RI truck accident attorney. Some of the reasons why you should consider retaining a legal representative after engaging in a truck accident include:
- They will help you fill out and file the legal documents the Kent County Superior Court requires you to submit to initiate your case.
- They can explain to you the actions you will be required to take in order to increase your chances of obtaining a favorable outcome.
- An attorney is going to be there to guide you through the court proceedings from start to finish.
Your next step after hiring a legal representative is to file the necessary documents with the Kent County Superior Court which is in the Noel Judicial Complex located at:
Noel Judicial Complex
222 Quaker Lane
Warwick, Rhode Island 02886
Phone: (401) 822-6900
After your paperwork is filed and the other party(ies) are made aware that you have filed suit against them, they may either choose to let the case go to trial which might involve a jury or offer you a settlement to end the case should you accept it. The Kent County Superior Court also has what is called the Court-Annexed Arbitration Program “which speeds the disposition of certain less complex civil cases in which there is $100,000 or less at issue” [Source: Rhode Island Judiciary].Matters involving “contract disputes, personal injury claims, and property damage suits may be certified to this alternative dispute resolution program.”
If you choose this method as a way to get your case resolved faster, you can expect the arbitration hearing to be held in an informal setting. Evidence shall be presented to “a court-trained attorney/arbitrator who, after considering the same, makes an award in the case, usually within 10 days of the hearing.” While there are different ways of getting your case settled, you need to be sure you select the right option that is going to leave you with the full amount of compensation you are due.
Now, if you would like the opportunity to sit down with an experienced truck accident lawyer in Warwick, RI who can explain the lawsuit process more in-depth, contact USAttorneys.com and let us connect you with some of the best lawyers in the field.