Providence Wrongful Death Lawyer

Losing a loved one because another person, or a corporation, failed to act with reasonable care is both heartbreaking and legally complex. Rhode Island’s wrongful-death statutes give survivors a path to hold the at-fault party answerable, but the rules are technical, deadlines are strict, and Providence-area courts expect precise pleadings. This in-depth overview explains how wrongful-death cases work in Providence and across the state so you can make informed decisions while you focus on grieving and healing.

At Jeffrey Glassman Injury Lawyers, our wrongful death attorneys understand the devastation that comes with the loss of a loved one, and we know how important it is to protect a family’s financial future. We will put our legal knowledge, skill, and dedication to work for you to provide you with compassionate representation and fierce advocacy for your rights.

Under R.I. Gen. Laws § 10-7-1, a death is “wrongful” when it results from the same kind of negligent, reckless, or intentional conduct that would have supported a personal-injury lawsuit had the victim survived. Liability applies “notwithstanding the death … and although the death shall have been caused under such circumstances as amount in law to a felony.”

Common legal theories include:

• Negligence (e.g., a distracted driver or an unsecured construction site)
• Medical malpractice (errors by hospitals, physicians, or other licensed professionals)
• Strict liability for a dangerously defective product
• Intentional torts such as assault or elder abuse

Rhode Island is unusual: only the executor or administrator of the decedent’s estate may bring the action. Spouses, children, parents, or other heirs cannot sue directly; they receive the proceeds through the estate.

Once the personal representative files, the statute directs how any recovery is divided:

• One-half to the surviving spouse
• One-half of the children
• If there is no spouse, the full amount passes to the children; if there are no children, to the next of kin in intestate succession order

Because an estate must exist before a lawsuit starts, families typically open probate in Providence Probate Court (City Hall, 25 Dorrance St.) and nominate a representative simultaneously.

In most cases, the suit must be filed within three years of the date of death (or of discovering the wrongful act, if it was not reasonably knowable earlier).

Legislators periodically revisit that deadline. A bill introduced in February 2025 (HB 5661) would extend the limit to ten years when the victim is a fetus or a child who dies within six months of birth—a direct response to perinatal-injury tragedies. Although still pending, families should monitor its progress; if enacted, it could revive otherwise time-barred claims.

Practical tip: Even when the clock seems long, critical evidence—skid-mark measurements, electronic medical-record audit trails, surveillance video—can disappear in days or weeks. Consulting counsel quickly protects both the statute and the case’s evidentiary strength.

Rhode Island mandates a minimum wrongful-death award of $350,000, adjusted upward from $250,000 effective January 1, 2024. That figure functions as a floor; juries and judges may, and often do, award additional sums for:

• Economic losses: the decedent’s future earnings, employment benefits, and household services
• Medical and funeral expenses
• Loss of society, companionship, and consortium under § 10-7-1.2
• Pain and suffering the decedent endured before death
• Punitive damages when conduct was malicious, wanton, or in reckless disregard of safety (Rhode Island has no statutory cap on punitive damages).

Because the statute expressly excludes any reference to a dollar amount in the Complaint (per Superior Court Rule 8), lawyers must craft pleadings that preserve every category of damages without specifying a sum.

Rhode Island applies a pure comparative negligence rule: each party’s damages are reduced, not eliminated, by their share of fault. Even if the decedent was 90 percent responsible, the estate can still collect 10 percent of proven losses.

To prevail, the estate must show:

• A duty of care owed to the decedent
• A breach of that duty
• Causation connecting the breach to the death (often established by expert testimony)
• Quantifiable damages

Defendants frequently argue that the decedent’s negligence caused or contributed to the fatal event; meticulous investigation and expert reconstruction are essential to rebut or minimize those allegations.

• Traffic crashes on I-95, Route 146, and local streets, where heavy commercial traffic and dense pedestrian zones collide
• Maritime accidents in Narragansett Bay involving ferries, fishing boats, or recreational craft
• Medical malpractice at Providence’s major hospitals, including Rhode Island Hospital, Miriam Hospital, and Women & Infants
• Workplace incidents at port facilities, construction sites on the I-195 Redevelopment District, and manufacturing plants
• Defective products distributed through the Port of Providence or regional logistics hubs
• Nursing-home negligence resulting in fatal falls, infections, or medication errors

Each type of case triggers different statutes (e.g., federal maritime law, OSHA regulations, or the Rhode Island Medical Malpractice Act), but all ultimately rely on the Wrongful Death Act for damages.

Most wrongful-death lawsuits arising in the city are filed in Providence County Superior Court, Licht Judicial Complex, 250 Benefit St. A civil action begins when the executor files a Complaint and serves each defendant. Providence’s docket moves more quickly than many metropolitan courts thanks to an aggressive case-management calendar and mandatory early-settlement conferences.

Key procedural milestones:

• Answer and affirmative defenses (20 days after service)
• Discovery: written interrogatories, document requests, subpoenas, depositions, and expert disclosures
• Alternative dispute resolution: mediation is strongly encouraged; court-annexed arbitration is optional unless ordered
• Pre-trial memorandum: required under Superior Court Rule 16
• Trial: before a jury of six or eight; verdict must be unanimous on liability and damages

Some cases are removed to the U.S. District Court for the District of Rhode Island if diversity jurisdiction or federal-question issues apply, but the substantive wrongful-death rules remain governed by state law.

Successful wrongful-death claims often hinge on early, proactive evidence preservation:

• Scene documentation: photographs, drone mapping, ECM downloads from vehicles, OSHA or Coast Guard reports
• Autopsy and medical-examiner files
• Employment and income records to calculate lifetime earning capacity
• Cell-phone logs and surveillance video corroborate negligence
• Expert testimony from accident reconstructionists, biomechanical engineers, economists, or medical specialists

Jeffrey Glassman Injury Lawyers issues immediate preservation letters, works with investigators fluent in local dialects and traffic patterns, and leverages subpoena power to secure reluctant evidence holders.

Because Rhode Island’s pure comparative system reduces damages dollar-for-dollar, defense counsel frequently attempt to assign a high percentage of blame to the decedent. Examples include:

• Alleging the pedestrian “darted out” despite crosswalk protections
• Claiming the patient failed to disclose relevant medical history
• Arguing that a worker disregarded safety training

Counter-strategies include accident-reconstruction animations, human-factors experts on visibility and reaction times, and deposition testimony showing systemic safety lapses that outweigh any decedent error.

• Rhode Island focus, regional reach. Decades of combined experience litigating in the Providence Superior Court and federal district court
• Resources to match corporate defendants. We partner with top experts and advance all costs; you pay nothing unless and until we recover for the estate
• Personalized advocacy. A dedicated wrongful-death team keeps you informed, coordinates probate filings, and assists with lien resolution and structured-settlement planning
• Track record. Multi-million-dollar verdicts and settlements in transportation, medical negligence, product-defect, and workplace-fatality cases

Our Providence-based counsel works seamlessly with our Boston headquarters to deliver the bandwidth of a regional firm and the attention of a boutique practice.

• Gather key documents: death certificate, police reports, insurance policies, employment records
• Appoint a personal representative through probate (we can handle the petition)
• Avoid recorded statements to insurers until you have legal representation
• Document expenses and emotional impacts—a journal can preserve details that fade over time
• Speak with counsel promptly to secure evidence and meet the limitation periods

At Jeffrey Glassman Injury Lawyers, your initial consultation is free and confidential. We will explain whether a wrongful-death claim exists, outline the process in plain English, and map out the next moves.

Rhode Island’s Wrongful Death Act provides powerful remedies—including a guaranteed minimum award and uncapped punitive damages—but it also imposes strict procedural requirements that can trap the unwary. By understanding how the law applies in Providence, choosing a seasoned legal team, and acting quickly, families can honor their loved one’s memory and secure the resources needed to rebuild.To schedule your free consultation and learn more about how we can help you, get in touch with us today at (617) 777-7777 or contact us online.