Back & spine settlements
in Rhode Island.
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 additur | A 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 awards | Courts 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) |
The US band is the starting point. Rhode Island's fault rule and any applicable cap then adjust the figure.