States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

Rhode Island is generous on categories but may limit the amount for loss of society.

Categories of damages

The chapter provides for pecuniary damages, medical expense and diminished earning power, pain and suffering, and punitive damages, and for loss of consortium, society and companionship.

The reported limit

A 50-state survey says the additional damages for loss of society and companionship must not exceed $500,000 per occurrence for a deceased minor or $350,000 per occurrence for a deceased adult. We could not confirm those figures against the statute text we found, so check section 10-7-1.2 before relying on them.

Beyond the limit

Economic damages and the decedent's pain and suffering are not described as limited.

Emotional distress and grief

The current text allows a spouse, children and parents to recover emotional distress, grief and loss of enjoyment of life along with consortium or society.

How other states compare

Rhode Island is closer to Ohio and Oklahoma in allowing grief-type damages than to New York or New Jersey, which limit wrongful death to pecuniary loss, but it may carry a dollar limit they do not.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Rhode Island's rules apply to your specific case with a licensed Rhode Island attorney.