Rhode Island Wrongful Death Laws

Rhode Island laws define a wrongful death as one "caused by the wrongful act, 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.

Rhode Island Wrongful Death Laws

In Rhode Island, surviving family members can't file a wrongful death lawsuit. The executor or administrator 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.

The exception to this rule is a loss of consortium action. The spouse or surviving children of deceased parents file for loss of consortium or loss of companionship.

The executor must bring the wrongful death suit within six months of the death. Otherwise, the beneficiaries may file suit on their own behalf.

Elements in a Rhode Island Wrongful Death Lawsuit

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.

Damages in a Rhode Island Wrongful Death Lawsuit

Courts determine pecuniary (monetary) damages in a wrongful death case 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.

Survivors may recover:

• Funeral and burial costs
• Medical expenses for the decedent's final injury or illness
• Lost wages or income
• Lost companionship and care
• Pain and suffering

Punitive damages are available if the decedent could have asked for them in a personal injury case.

Statute of Limitations

The statute of limitations to file a wrongful death claim in Rhode Island is three years from the date of the accident. But, if the death could not be conclusively tied to the negligent act at the time of the incident, the time limit is three years from the date of the wrongful act.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Rhode Island Codes and Court of Appeals Opinions

• Code of Rhode Island
• Supreme Court of Rhode Island Cases

More Resources: Rhode Island Wrongful Death Laws

If you are thinking of bringing legal action against a person or entity for the wrongful death of a loved one but still want to do some research, you are in luck. We've done some of it for you. Click on the links below to learn more.

• Rhode Island Civil Statute of Limitations
• Time Limits and the Discovery Rule
• Wrongful Death by Police

Get Legal Advice from a Rhode Island Wrongful Death Lawyer

Losing a family member is a devastating period in anyone's life. This is particularly true if you lose that person unexpectedly and through the harmful actions of another. If you're dealing with a wrongful death claim in Rhode Island, now is the time to act. Speak with a skilled Rhode Island personal injury attorney for legal advice.