Proximate Cause
Rhode Island gives most injured people 3 years to file a personal injury lawsuit, but filing on time is not enough if the connection between the conduct and the injury is too remote. People often confuse proximate cause with cause in fact. They are related, but they are not the same.
Cause in fact asks the basic factual question: would the injury have happened but for this act or omission? Proximate cause asks the narrower legal question: was the injury a reasonably foreseeable result of that conduct, or did something too unusual or independent break the chain? A catheter infection after poor sterile technique may satisfy both. Vocal cord damage after intubation may raise a harder proximate-cause question if multiple medical factors were involved.
This matters because an insurer may admit someone made a mistake but still argue that the mistake was not the legal cause of the harm being claimed. In Rhode Island auto claims, that often comes up when a crash clearly happened, but the adjuster disputes whether later treatment, lost wages, or a second event was actually tied to it.
Rhode Island is a pure comparative fault state, so even if an injured person shares blame, recovery can still be reduced rather than barred. But there still must be proximate cause. Without that link, there may be no recovery from that defendant at all, no matter how serious the injury is.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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