Losing someone unexpectedly is heartbreaking, especially when their death was caused by another person’s carelessness or misconduct. In Rhode Island, wrongful death laws give surviving family members the right to pursue compensation from those responsible. These claims not only help ease financial strain but also serve as a way to seek justice on behalf of your loved one.
Who Can File a Wrongful Death Claim in Rhode Island?
In Rhode Island, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This person may be named in the will or appointed by the court. While the executor files the claim, the compensation is typically distributed to the deceased person’s heirs or close family members.
Eligible beneficiaries may include:
- The surviving spouse
- Children (including adopted children)
- Parents or other next of kin
What Situations Qualify as Wrongful Death?
Wrongful death claims arise when someone dies as a result of another party’s negligence, recklessness, or intentional act. These situations may include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Pedestrian and bicycle collisions
- Workplace injuries
- Dangerous premises or defective products
- Assaults or criminal acts
If your loved one would have had a valid personal injury claim had they survived, a wrongful death claim may be appropriate.
What Compensation Is Available?
Rhode Island allows for the recovery of a wide range of damages in wrongful death cases, including:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost future income and financial support
- Loss of companionship, guidance, and care
- Pain and suffering experienced by the deceased prior to death
- Mental anguish experienced by surviving family members
In cases of willful or reckless conduct, the court may also award punitive damages to punish the responsible party.
How Long Do You Have to File a Claim?
The statute of limitations for filing a wrongful death lawsuit in Rhode Island is three years from the date of death. If you miss this deadline, your right to pursue compensation may be lost, even if the claim is valid.
In some cases involving government agencies or medical providers, additional rules or notice requirements may apply.
Wrongful Death and Car Accidents in Rhode Island
Motor vehicle crashes are one of the most common causes of wrongful death. If your loved one died in a car crash caused by another driver’s negligence—such as speeding, distracted driving, or driving under the influence—your family may have grounds for a wrongful death claim.
Rhode Island follows a pure comparative negligence rule. This means compensation is still available even if the deceased was partially at fault. However, the total recovery will be reduced by their percentage of fault.
Workplace Fatalities and Legal Options
In Rhode Island, if a fatal accident occurs on the job, surviving family members may receive workers’ compensation death benefits from the employer’s insurance. These benefits can help cover funeral expenses and lost financial support.
If a third party—such as a subcontractor or manufacturer—contributed to the death, the family may also file a wrongful death lawsuit against that party for additional compensation.
Frequently Asked Questions About Wrongful Death in Rhode Island
What happens if there’s no will?
If the deceased did not have a will, the court will appoint an administrator—usually a close family member—to act as the personal representative and file the claim.
Can more than one person receive compensation?
Yes. While only one person (the executor or administrator) files the claim, compensation is typically distributed among eligible family members based on their relationship to the deceased.
Do I need a criminal conviction to file a wrongful death claim?
No. Wrongful death claims are civil lawsuits and do not depend on criminal charges or convictions. A civil claim can still succeed even if no charges are filed.
What if the deceased didn’t die immediately after the accident?
If your loved one survived for a time before passing away, the estate may also file a survival action to recover damages for the pain and suffering they endured before death.
Talk to a Rhode Island Wrongful Death Attorney
If someone you love was taken too soon due to another person’s negligence or wrongdoing, a Rhode Island wrongful death lawyer can help you understand your rights. A successful claim can help cover financial losses and provide a sense of justice during a painful time. Contact an attorney today to discuss your options.