Can You Sue for Emotional Distress After a Car Accident in Rhode Island?
Victims of car crashes often face much more than just physical injuries. A 2025 systematic review found that between 17.9% and 29.8% of traffic accident survivors develop long-term post-traumatic stress disorder (PTSD) after their crash. As many as 40% experience mild to moderate symptoms of PTSD for shorter periods. Many victims develop comorbidities, including anxiety, depression, fear of driving, sleep difficulties, and social withdrawal as well. These symptoms are often exacerbated in individuals who also experience serious injuries, such as TBI and SCI.
When you are the victim of a car accident in Rhode Island, you have the right to pursue compensation for emotional distress along with other damages related to your crash. The Providence car wreck attorneys at Mandell, Boisclair & Mandell can meet with you for free to listen to your experiences, discuss your rights, and help you decide if taking legal action is the best solution.
Reach Out to a Providence Car Accident Lawyer for Free
Call Mandell, Boisclair & Mandell at 401-273-8330 to schedule a FREE case evaluation today. Our experienced attorneys have been helping Rhode Island car crash victims seek justice for nearly 50 years. We are here to help you choose the best path forward.
What Types of Damages Can You Seek Following a Car Crash in Rhode Island?
Following a car accident in Rhode Island, victims often seek damages from two primary categories:
Economic Damages
These are established expenses and costs related to your accident and injury. They can include:
- Past and future medical bills
- Rehabilitation and mental-health therapy
- Prescription costs
- Lost wages and diminished earning capacity
- Vehicle repair or replacement
- All other out-of-pocket expenses
Non-Economic Damages
These represent the physical and emotional “costs” of an injury that, while not tied to tangible expenses, take a toll all the same. They may include:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment in life
- Inability to engage in favored activities
- Disfigurement and scarring
- Loss of consortium
In Rhode Island, neither economic nor non-economic damages are capped unless the accident involved a government entity. This means that, with the help of an experienced legal team, you can seek damages well in excess of initial insurance settlement offers. However, in cases involving claims against the State or municipalities, recovery is typically capped at $100,000 per victim (see R.I Gen. Laws §9-31-2). This includes claims against various agencies, departments or bureaus. A skilled attorney like those at Mandell, Boisclair & Mandell may be able to identify exceptions that apply to the cap.
How Are Car Accident Damages Calculated?
There are several ways to calculate damages, and none of them is conclusive. There is no “Blue Book” or marketplace to identify the exact value of a claim. Emotional distress claims are particularly difficult. Valuing claims is often subjective and depends on the individual performing the valuation.
Among the most common are:
- The Multiplier Method. With this method, economic damages are multiplied by a factor of 1.5 to 5, depending on the severity of the injury, long-term prognosis, and lasting impact on lifestyle. This can provide a starting point for calculating pain, suffering, and emotional distress, but it is inexact and not well accepted..
- Per-Diem Approach. With this method, a daily dollar amount is assigned to your non-economic damages and multiplied by the number of days you are expected to have to endure physical pain, emotional distress, and similar issues. Determining the amount to apply on a daily basis is particularly difficult.
- Expert Testimony and Hard Evidence. With this approach, psychiatrists, therapists, and vocational specialists translate PTSD, anxiety, and depression into concrete treatment costs and quality of life losses.
The Providence car accident lawyers at Mandell, Boisclair & Mandell use various methods, including your own testimony, to determine how much to seek in damages. This may involve working with both external specialists and medical professionals who can assist in determining what your case is worth. We take time to carefully evaluate all of the ways your injury has and will continue to impact your life, and we fight tooth and nail for the maximum compensation you deserve.
Comparative Negligence and Compensable Damages
Economic damages and non-economic damages are known collectively as “compensatory damages.” In Rhode Island, you can still seek compensatory damages even if you played a role in your accident, although your damages will be reduced in proportion to the amount of negligence attributed to you, For example, under this law, if you are awarded $200,000 in total compensatory damages but assigned 20% liability, your total compensatory damages would be reduced to $160,000.
Bear in mind that assigning fault is not always a straightforward endeavor. At Mandell, Boisclair & Mandell, we thoroughly investigate car accidents to identify all causes and hold the responsible party to account. Do not take the blame or accept a reduction in compensation before you have had a chance to speak with one of our attorneys.
Does Insurance Offer Compensation for Emotional Distress?
Technically, emotional distress is part of “pain and suffering,” which every liability carrier must address. In practice, insurers often undervalue or deny these claims, even when the mental harm is well-documented. Insurance companies have a long history of minimizing or refusing payment for legitimate claims, often ignoring the long-term costs associated with emotional distress. They may even argue that your condition was pre-existing and had nothing to do with the crash.
This is where a car accident lawyer becomes indispensable.
The best car accident lawyers in Rhode Island will gather medical records, obtain expert opinions, and carefully track your symptoms and treatment to force involved insurance companies to account for the damages you are owed.
Our Providence Car Accident Lawyers Are Here to Help
For almost 50 years, Mandell, Boisclair & Mandell has fought for and won compensation for Rhode Islanders forced to contend with emotional distress after devastating injuries. We build compelling cases that include accurate assessment of the true impacts of each injury, taking claims as far as needed to help our clients secure every penny they are due.
We intentionally limit our caseload, enabling us to focus entirely on each person we serve. And we remain available to our clients 24/7, answering questions and providing support as we take on powerful insurance companies to obtain fair and full compensation.
Our attorneys have secured a number of significant verdicts and settlements, including several landmark decisions that have helped to shape policy and maximize victim compensation. Thoughtful, attentive, and compassionate, we welcome the opportunity to meet with you without obligation or cost to discuss your accident, your experiences after, and how you can pursue compensation for all of your damages.
Contact Us for a FREE and Confidential Consultation
To schedule your FREE consultation at Mandell, Boisclair & Mandell, use our online contact form or call our Providence office today. We welcome clients from all areas of Rhode Island and surrounding Massachusetts communities.
