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★ Rhode Island · back & spine

Back & spine settlements
in Rhode Island.

By 9 min read

A woman rear ended on Route 95 in Providence had two spine surgeries, and the trial judge found the jury’s award too low and ordered a new trial on damages; the Supreme Court affirmed. A passenger who needed back surgery after a rear end crash in Seekonk won in arbitration under a high/low agreement capped at $160,000, and the Supreme Court restored the award after a lower court threw it out.

Facts that decide a back & spine claim in Rhode Island

New trial or additurA trial judge may grant a new trial on damages, or an additur, when the verdict does not respond to the evidence, as in Rose.Rose v. Cariello (R.I. 2014)
Arbitration awardsCourts give an agreed arbitrator’s award strong deference; the judgment vacating Lees’s award was itself vacated.Caffey v. Lees (R.I. 2018)
Deadline to sue“Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue.”R.I. Gen. Laws § 9-1-14(b), quoted in Garant v. Winchester (R.I. 2016)
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Rhode Island's fault rule and any applicable cap then adjust the figure.

★ RI · reported back & spine outcomes

What Rhode Island courts have awarded.

Real Rhode Island decisions and verdicts, each linked to the court record or official report.

  • Rhode Island Supreme Court · 2014
    New trial on damages affirmed

    On September 30, 2003, Donna Rose was slowing to change lanes on Route 95 near the Rhode Island Hospital exit when Christopher Cariello struck her from behind; she said her head went way back. Days later she went to the ER for back and leg pain, and she had spine surgery in 2005 and 2008. The trial judge granted her motion for a new trial or additur, and the court affirmed.

  • Rhode Island Supreme Court · 2018
    Arbitration award for Lees restored

    In May 2011 Joseph Caffey lost consciousness at the wheel in Seekonk and rear ended the car Christopher Lees was riding in. Lees had back surgeries in 2001 and 2009, but his surgeon saw no need for more just before the crash; he had another in September 2011. They agreed to arbitrate with a high/low range of $9,000 to $160,000, and the arbitrator awarded $190,860. The court vacated the judgment that had overturned the award.

★ RI · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Rhode Island.

  1. 1

    A prior back surgery does not end a claim if your doctor documented your condition before the crash, as Lees’s surgeon did.

  2. 2

    In a high/low arbitration, agree the range carefully; it frames what you can collect.

  3. 3

    Ask the trial judge for an additur or new trial when the verdict ignores proven surgery costs.

★ RI · statute of limitations
3 years from date of injury

R.I. Gen. Laws § 9-1-14

★ RI · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Rhode Island courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Rhode Island's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Rhode Island · you are herePure comparative negligence3 years from date of injury—
VermontModified comparative, 51% bar3 years from date of injuryVT · back & spine →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · back & spine →
DelawareModified comparative, 51% bar2 years from date of injuryDE · back & spine →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · back & spine →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · back & spine →
MarylandPure contributory negligence3 years from date of injuryMD · back & spine →
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · back & spine →
ArizonaPure comparative negligence2 years from date of injuryAZ · back & spine →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · back & spine →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · back & spine →
South DakotaSlight versus gross negligence3 years from date of injurySD · back & spine →
★ RI · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Rhode Island's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Rhode Island. See /methodology, /sources, and /disclaimer.