Rhode Island Injury Law Part 5

June 4, 2014

RI Personal Injury LawPenalties for insurance Companies not paying RI Car Accident and other negligence settlements within 30 days!

Rhode Island has harsh penalties for insurance companies who do not pay agreed upon RI Injury settlements in premises liability, motorcycle accidents and other motor vehicle accidents. If the insurance company misses the deadline they could be on the hook for punitive damages. If a negligence cause of action is settled then the Insurance company is required to send the funds within 30 days of the victim and his Rhode Island Personal Injury Attorneys sending a release of liability. RI Law 9-1-50 http://webserver.rilin.state.ri.us/Statutes/title9/9-1/9-1-50.HTM

“Failure to make payment within thirty (30) days shall raise a presumption that failure to do so was a willful and wanton disregard for the rights of the claimant. In addition to all other remedies, the payor shall be liable to the claimant in a separate cause of action for punitive damages and interest…”

What compensation may the executor of an estate recover in a RI wrongful death claim?

-Under Rhode Island statutes, pecuniary damages can be recovered in a fatal accident case including “prospective income and earnings” for a decedent’s life expectancy reduced to present value.

-The Rhode Island Wrongful Death statute also allows valuing a decedent’s services as a homemaker.

-The value of a homemaker’s services is limited to actual replacement costs. The wrongful death attorneys are not required to put on Expert testimony to ascertain the value of a homemaker’s services.

-RI Laws allow the administrator of the estate of the person killed in the fatal crash to seek loss of consortium damages for the decedents spouse and the decedent’s child or children for loss of companionship.

-Parents may also seek a claim for their child being killed in an accident for the loss of their child’s companionship. http://www.rhodeislandpersonalinjuryattorneyblog.com/2013/09/wrongful-death-law-in-ri-by-a-personal-injury-attorney/

-A wrongful death cause of action could result from any type of motor vehicle accident, car accident, medical malpractice, surgical malpractice, criminal act or deadly product liability mishap.

Federal Taxability of accident and injury settlement:
The IRS usually excludes personal injury settlements and truck accident injury compensation in Rhode Island and Across the United States, such as injuries resulting from automobile accidents and 18 wheeler trucking collisions from taxable income. http://www.lawyersource360.com/tax-attorneys/

Punitive Damages in RI

Punitive damages are only awarded by a jury in rare Injury cases when the tortfeasor’s conduct was with malice or bad faith. In order for a defendant to be liable for punitive damages in RI, The Plaintiff must establish “that the defendant acted willfully and with malice or in bad faith. Izep v. Winoker, 589 A.2d 824 (R.I. 1991); Morin v. Aetna Casualty and Surety Co., 478 A.2d 964, 967 (R.I. 1984). To establish a claim for punitive damages, the plaintiff must allege and prove that the defendant acted with the intent to cause harm. Wilson Auto Enterprises, Inc. v. Mobil Oil Corp., 778 F. Supp. 101, 107 (D.R.I. 1991). The courts have characterized punitive damages as an extraordinary sanction which should be awarded with great caution and within narrow limits. D’Amato v. Rhode Island Hospital Trust National Bank, 772 F. Supp. 1322, 1324 (D.R.I. 1991).” Quote from :CAROL A. LESSARD : VS. : C.A. No. KC 10-0369 : KENT COUNTY MEMORIAL HOSPITAL : AND RAYMOND J. MIS, D.O.,