All Laws Decoded

Wrongful Death Lawsuits in Rhode Island

Who can bring a wrongful death claim in Rhode Island, the deadline to file, and any limits on damages.

Short answer: The action is brought by and in the name of the executor or administrator of the estate. Half of the recovery goes to the surviving spouse and half to the children; if there are no children, all goes to the spouse; R.I. Gen. Laws § 10-7-2(a)–(c)

Who can sue for wrongful deathThe action is brought by and in the name of the executor or administrator of the estate. Half of the recovery goes to the surviving spouse and half to the children; if there are no children, all goes to the spouse; if there is no spouse, to the next of kin under intestacy rules. A parent found in willful contempt for being more than six months behind on child support for the person who died cannot recover. Separate claims for loss of society, companionship or consortium are brought by the people who suffered that loss. A defendant found liable must pay at least $350,000.
Wrongful death deadlineThree years after the death. If the wrongful act was not known at the time of death, three years from when it was or reasonably should have been discovered.

More Rhode Island personal injury & wrongful death

FAQ

Who can file a wrongful death lawsuit in Rhode Island?
The action is brought by and in the name of the executor or administrator of the estate. Half of the recovery goes to the surviving spouse and half to the children; if there are no children, all goes to the spouse; if there is no spouse, to the next of kin under intestacy rules. A parent found in willful contempt for being more than six months behind on child support for the person who died cannot recover. Separate claims for loss of society, companionship or consortium are brought by the people who suffered that loss. A defendant found liable must pay at least $350,000.
How long do you have to file a wrongful death lawsuit in Rhode Island?
Three years after the death. If the wrongful act was not known at the time of death, three years from when it was or reasonably should have been discovered.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.