Rhode Island Suing an Abuser for Money

You may have the right to seek justice from the abuser through the civil court system. If a person is injured by someone else, the victim can sue the abuser for “damages.” This means money for things like:

• medical bills;
• lost wages or employment;
• physical and emotional pain and suffering; and
• in some cases, to punish the abuser.

Each state has laws on civil lawsuits, but they are mostly similar when it comes to injuries from abuse. One thing to know is that there are time limits for bringing lawsuits, called “statutes of limitations.“ You may want to ask a Rhode Island lawyer about your state’s statutes of limitations.  

To file a civil lawsuit, you will most likely need the help of a lawyer. Some lawyers take cases like this for a “contingent fee.” This means the lawyer does not get paid unless you win in court. Then, s/he takes a percentage, usually a third, of whatever damages the judge orders. Sometimes, the judge will order the abuser (defendant) to pay for your attorney’s fees. If you need help finding a lawyer to take your case for a contingent fee, you can contact the National Crime Victim Bar Association. They can refer you to lawyers in your state who represent crime victims in lawsuits against abusers. (WomensLaw.org is unrelated to this organization.)

If your damages are below a certain amount, you may be able to file on your own in small claims court. Small claims court is a less formal type of court, and many people can go to small claims court without a lawyer. You can file a small claims case in Rhode Island District Court for an amount of $5,000 or less if the case involves a contract, a retail sale, or services provided.¹ You can find more information about small claims cases on the Rhode Island Judiciary website. You may also ask the court clerk for help filing a small claims case. If you want to sue for more money or a different reason, you may have to file in a different court with the help of a lawyer.

¹ R.I. Gen. Laws § 10-16-1