{"id":376182,"date":"2017-06-03T22:49:49","date_gmt":"2017-06-04T03:49:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/rhode-island-law\/rhode-island-wrongul-death-laws.html"},"modified":"2024-09-18T14:14:09","modified_gmt":"2024-09-18T19:14:09","slug":"rhode-island-wrongul-death-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/rhode-island-law\/rhode-island-wrongul-death-laws.html","title":{"rendered":"Rhode Island Wrongful Death Laws"},"content":{"rendered":"\n
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Rhode Island Wrongful Death Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Rhode Island laws<\/a> define a wrongful death as one "caused by the wrongful act<\/a>, neglect, or default of another." Wrongful deaths can result from car accidents or medical malpractice. When a wrongful death is due to negligence, survivors can file a personal injury claim on behalf of the victim. Most wrongful death laws restrict who may file and how much time they have to bring a lawsuit.<\/p>\r\n

Rhode Island Wrongful Death Laws<\/b><\/h2>\r\n

In Rhode Island, surviving family members can’t file a wrongful death lawsuit. The executor or administrator<\/a> of the deceased person’s estate must file one. The executor files on behalf of the decedent and pays any damages recovered to the surviving spouse and children.<\/p>\r\n

The exception to this rule is a loss of consortium<\/a> action. The spouse or surviving children of deceased parents file for loss of consortium or loss of companionship.<\/p>\r\n

The executor must bring the wrongful death suit within six months of the death. Otherwise, the beneficiaries may file suit on their own behalf.<\/p>\r\n

Elements in a Rhode Island Wrongful Death Lawsuit<\/b><\/h3>\r\n

A wrongful death lawsuit must show all elements of negligence and that the deceased person could have filed a personal injury lawsuit on their own behalf. Claimants may still file wrongful death actions if the cause of death was homicide or other felony<\/a>.<\/p>\r\n

Damages in a Rhode Island Wrongful Death Lawsuit<\/b><\/h3>\r\n

Courts determine pecuniary (monetary) damages in a wrongful death case<\/a> by calculating the approximate income of the decedent over their remaining life expectancy and deducting estimated personal expenses. If the decedent’s occupation was homemaker, their "value" is not limited to mere housekeeping services.<\/p>\r\n

Survivors may recover:<\/p>\r\n