Rhode Island Wrongful Death Lawyer

A wrongful death claim arises when a person’s life is cut short because another individual, company, or governmental entity acted negligently, recklessly, or intentionally. While no lawsuit can replace a loved one, Rhode Island law provides a civil remedy that shifts the financial burden of the loss from the surviving family to the at-fault party. These cases blend tort principles with unique statutory rules that differ markedly from ordinary personal injury suits.

Our team of personal injury lawyers in Rhode Island understands local dynamics, court systems, and intricacies, providing a unique advantage when navigating the legal landscape. We combine this local insight with our extensive legal expertise to offer families a comprehensive and effective approach to wrongful death cases.

Rhode Island codifies wrongful death rights in the Death by Wrongful Act chapter, Rhode Island General Laws §§ 10-7-1 through 10-7-10. The statute creates an independent cause of action that belongs to defined beneficiaries—not to the decedent’s estate—and it details who may sue, what damages are available, and how proceeds are distributed.

Rhode Island follows a representative-plaintiff model:

• Executor or Administrator: The personal representative files the action “by and in the name of” the estate.
• Statutory Beneficiaries: Although the representative litigates the case, damages are recovered for the decedent’s surviving spouse and next-of-kin (children first, then parents, then other heirs).
• Court Appointment: If no probate estate exists, the Superior Court may appoint an administrator ad litem solely to prosecute the claim.

Because the claim is held in trust for the family, settlement funds do not pass through probate and are exempt from estate creditors, preserving the recovery for those who suffered the true loss.

Most wrongful death actions must be filed within three years of the date of death. Delays beyond that window generally bar recovery, so engaging counsel promptly is critical. There are only narrow exceptions—such as fraudulent concealment or incapacity—that may extend the deadline, and they require specific factual showings. A pending 2025 bill (H-5661) proposes a 10-year limitation period for deaths of infants in utero or within six months of birth, but as of April 29, 2025, the measure has not been enacted.

Rhode Island permits a broad spectrum of damages intended both to compensate survivors and to deter wrongful conduct:

• Economic losses: The decedent’s net lifetime earning capacity, household services, and medical or funeral expenses.
• Non-economic losses: The value of human life is measured from the perspective of the decedent, not the survivors. Juries consider the decedent’s relationships, hobbies, ambitions, and joys to place a monetary value on what was taken.
• Punitive damages: If the decedent could have recovered punitive damages had they lived (§ 10-7-7.1), the estate can pursue them to punish egregious misconduct.
• Pre and post-judgment interest: Calculated under § 9-21-10 or, in medical-malpractice cases, under the specific health-care interest statute amended in 2024.

Rhode Island is one of only a handful of states with a guaranteed minimum recovery in wrongful death cases. Effective January 1, 2024, the General Assembly increased the floor from $250,000 to $350,000. Even if economic losses are modest, a defendant found liable must pay at least this amount.

Unlike ordinary tort awards, wrongful-death proceeds bypass the estate. Section 10-7-2 sets out a fixed order:

• Spouse receives the first $50,000 plus a share of the balance.
• Children divide the remainder per stirpes.
• If no spouse or children survive, parents, then siblings, then next of kin inherit in statutory order.

Courts have no discretion to alter these shares, so careful probate coordination is vital, especially in blended families or second marriages.

Successful wrongful death litigation requires proof of four familiar tort elements—duty, breach, causation, and damages—but with several Rhode Island nuances:

• Causation must be shown by a preponderance of the evidence, yet courts often admit broader ranges of evidence in recognition of the decedent’s inability to testify.
• Comparative negligence applies. Rhode Island follows a 51 percent bar: the claim fails only if the decedent’s fault exceeded all defendants’ combined fault. Lower percentages simply reduce damage proportionally.
• Criminal proceedings are not a prerequisite (§ 10-7-9). Even if prosecutors decline to act or the defendant is acquitted, the civil case may proceed with its lower burden of proof.

Wrongful death actions in Rhode Island commonly arise from:

• Motor-vehicle crashes: Including pedestrian and bicyclist fatalities or DUI collisions.
• Medical malpractice: Surgical errors, misdiagnosis, birth injuries, or anesthetic complications.
• Nursing-home neglect: Falls, medication errors, dehydration, or bedsores leading to fatal infection.
• Workplace incidents: Construction falls, industrial explosions, or maritime accidents (with potential crossover into the Jones Act or Longshore statutes).
• Defective products: Automotive design defects, faulty safety equipment, or hazardous consumer goods.
• Premises liability: Inadequate security, unsafe stairways, or swimming-pool drownings.

Each scenario demands rapid scene preservation, witness location, and expert analysis, steps our team initiates within days of engagement.

Certain defendants enjoy statutory protections that shape litigation strategy:

• Governmental entities: Claims are subject to the Rhode Island Tort Claims Act, which imposes notice requirements, procedural hurdles, and a $100,000 per-claimant cap in many cases.
• Charitable-immunity remnants: Although largely abrogated, some nonprofit organizations still invoke limited shields.
• Healthcare defendants: Medical-malpractice prerequisites include a three-year statute, a potential pre-litigation screening panel, and specialized interest rules.
• Survival actions (§ 10-7-5): Distinct from wrongful death, these allow the estate to pursue damages the decedent personally suffered before death (e.g., conscious pain and suffering). Often, the two claims proceed together, but the distribution of any survival recovery passes through the estate rather than directly to beneficiaries.

• Investigation – Accident reconstructionists, forensic pathologists, economists, and life-care planners quantify liability and damages.
• Probate appointment – If necessary, we petition the Probate Court for a special administrator dedicated to the lawsuit.
• Pre-suit negotiations – Where liability is uncontested (e.g., rear-end truck crashes), insurers may open settlement talks quickly. We leverage Rhode Island’s $350,000 minimum to ensure offers respect statutory rights.
• Filing and discovery – The complaint is filed in Superior Court. Written discovery, depositions, and expert disclosures follow.
• Mediation or arbitration – The court’s mandatory mediation program or private ADR often resolves cases sooner and more economically than trial.
• Trial – If no settlement emerges, a jury hears evidence and returns a verdict on liability, comparative fault, and damages.
• Distribution and guardianships – When minor children recover funds, we seek Probate Court approval of structured settlements or custodial trusts to safeguard their futures.

Because wrongful death litigation pits grieving families against insurance defense teams and corporate risk managers, retaining counsel with both resources and resolve is indispensable.

• Deep Rhode Island roots: Although headquartered in nearby Massachusetts, our firm maintains local counsel relationships, knowledge of each Rhode Island county’s judiciary, and a track record of seven-figure verdicts and settlements for Ocean-State families.
• Rapid-response investigation: We dispatch investigators within 24 hours, preserve black-box data, and serve spoliation notices that lock down crucial evidence.
• Medical-legal fluency: Our on-staff nurse consultants and network of board-certified specialists translate complex causation issues into compelling courtroom narratives.
• Transparent contingency fees: You pay nothing unless and until we secure compensation. Fees and litigation costs are spelled out in plain English before we open your file.
• Holistic support: Beyond the lawsuit, we help survivors navigate probate, insurance liens, and financial planning so they can focus on healing.

Time is the relentless enemy of wrongful death claims. Vital evidence erodes, and statutory deadlines loom. If you have lost a loved one due to someone else’s negligence anywhere in Rhode Island, contact Jeffrey Glassman Injury Lawyers today for a free, confidential consultation. Our compassionate team is ready to shoulder the legal burden and pursue the justice your family deserves. Call us 24/7 or complete our secure online form, and let us start the fight for you.