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★ Rhode Island · head & brain

Head & brain settlements
in Rhode Island.

By Reviewed by Abd Shanti, Founder9 min read

A Warwick man walking home from work was punched to the ground by a driver who had followed him, leaving a traumatic brain injury; after remittitur the award was $925,000, and the Supreme Court affirmed. The parents of a young woman who died of brain injuries after an ATV ride from a graduation party could not hold the hosts responsible.

Facts that decide a head & brain claim in Rhode Island

RemittiturA trial judge may reduce an excessive award; Hough’s damages were set at $925,000 and the Supreme Court affirmed.Hough v. McKiernan (R.I. 2014)
Social hostsParty hosts had no duty to stop an adult guest from giving rides on his own ATV off their property.Phelps v. Hebert (R.I. 2014)
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)
united states · sister site
Your head & brain claim in Rhode Island. See the number for your own case.

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★ RI · reported head & brain outcomes

What Rhode Island courts have awarded.

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

  • Hough v. McKiernan
    Rhode Island Supreme Court · 2014
    $925,000 judgment affirmed

    On February 23, 2006, Kevin Hough was walking home from his job at Walgreens in Warwick when a car passed him three times; the driver, Shawn McKiernan, got out, swung at him and knocked him down. McKiernan did not contest liability, and Hough proved a significant traumatic brain injury. The trial court granted a remittitur setting damages at $925,000, and the Supreme Court affirmed.

  • Phelps v. Hebert
    Rhode Island Supreme Court · 2014
    Summary judgment for the hosts affirmed

    At a June 2007 graduation party in Coventry, a guest brought his one person ATV and gave rides. Ashley Phelps declined a helmet and rode on the back; he crashed down the street, she was thrown onto a driveway, and he fled. She suffered traumatic brain injuries and died nine days later. The court held the party hosts owed no duty.

★ RI · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Rhode Island.

  1. 1

    An uncontested liability case still turns on proving the brain injury, as Hough did.

  2. 2

    Wear a helmet on any ATV ride; Phelps declined one twice offered.

  3. 3

    Look for insurance on the vehicle involved; it can matter more than the driver’s own assets.

★ 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.

★ head & brain · 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 head & brain claims.

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

Common questions.

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

united states · sister site
Hurt in a car crash in Rhode Island? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-30.

★ all of RI
Rhode Island overview

Fault rule, statute, caps, and key facts for Rhode Island as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Rhode Island. See /methodology, /sources, and /disclaimer.