Rhode Island Negligence and Personal Injury cases are almost never filed in Rhode Island District Court. RI District Court has exclusive Jurisdiction when the amount in controversy is $5000 or less.
The RI District Court has concurrent Jurisdiction with Superior Court for matters between $5,000 and $10,000. There are several important reasons why Rhode Island Car Accident Lawyers rarely file accident cases in district Court:
De Novo appeal
1) A Rhode Island District Court case can be appealed De Novo to the Rhode Island Superior Court. This means that if a timely appeal is filed in District Court the case will start all over again in Rhode Island Superior Court. “De Novo” means “of new”. Therefore, whatever happened in District Court will have no prejudicial effect on the Rhode Island Superior Court case. Many Rhode Island Lawyers believe it is a waste of time and resources to litigate a case that can be so easily appealed.
Damages exceeding $10,000
2) Most RI Personal injury cases have damages exceeding $10,000 and therefore it makes no sense pursuing the matter in Rhode Island District Court. RI Accident Lawyers do not want to concede at the start of the case that their Premises Liability or other personal injury case is worth under $10,0000.
A Rhode Island Personal injury may be eligible to be filed in Federal court if the strict jurisdictional requirements of Federal Court are met.
Post by Rhode island Car Crash lawyer, David Slepkow 401-437-110