§ 9-1-30  Demand for judgment in an action alleging personal injury, injury to property, or wrongful death – Exclusion of monetary amount. – (a) No complaint or pleading in an action of contract or tort for personal injury, injury to property, or wrongful death shall contain an ad damnum or monetary amount claimed against any defendant or defendants; provided, however, that in any action brought before the superior court, the complaint shall state that the monetary amount claimed is sufficient to establish the jurisdiction of the superior court.

(b) Notwithstanding any provision of this section to the contrary, a complaint or pleading in an action of contract or tort for personal injury, injury to property, or wrongful death in any action brought before the district court shall state the monetary amount claimed.

In a lawsuit complaint for personal injury, the ad damnum clause is the part of the complaint where the plaintiff specifies the amount of monetary damages they are seeking. It is important to note that the ad damnum clause is not always required, and in some jurisdictions, it may be discouraged or limited. In Rhode Island 9-1-30 (set forth above) prohibits the use of such clauses in Superior Court injury litigation.  In a  RI District Court lawsuit for personal injuries an ad damnum clause is required.

Here are some general guidelines on how to include the ad damnum clause in a personal injury complaint:

1. Research Local Rules: Check the local rules and regulations of the court where you are filing the lawsuit. Some jurisdictions may have specific rules regarding the inclusion of ad damnum clauses or may limit the amount that can be claimed.
2. Be Reasonable: When specifying the monetary damages, be reasonable and provide a well-reasoned estimate of the damages suffered. This may include medical expenses, lost wages, pain and suffering, and other relevant damages.
3. Consider Future Damages: If the injuries are ongoing or have long-term consequences, you may want to include potential future damages in your ad damnum clause. This could involve estimating future medical expenses, loss of earning capacity, and other relevant factors.
4. Consult with an Attorney: It is highly advisable to consult with an attorney when drafting a lawsuit complaint. An attorney experienced in personal injury law can provide guidance on the appropriate amount to claim and help ensure that your complaint complies with local rules and regulations.
5. Be Specific: Clearly state the amount of damages you are seeking. Use specific language and avoid vague terms. For example, instead of saying “an unspecified amount,” provide a specific dollar figure.
6. Consider Juror Sympathy: Jurors may be more sympathetic to a plaintiff who can clearly articulate their losses. However, be mindful not to exaggerate or make unrealistic claims, as this can undermine your credibility.

Remember that the specific requirements and best practices for ad damnum clauses can vary by jurisdiction, so it’s crucial to seek legal advice tailored to the jurisdiction where you are filing your lawsuit.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.  Most cases of this type are not handled by this firm, but are referred to other attorneys.