Who Can File a Wrongful Death Claim in Rhode Island

By the FigureMyTax Editorial Team · How we calculate

Rhode Island gives the estate first call, then the family.

The executor or administrator

A 50-state survey says the action is brought by the executor or administrator, but if none brings an action within six months after death, the beneficiaries may bring it.

Loss of society claims

Under the statute, an action for loss of society, companionship or consortium is brought in the name of the person or persons sustaining the loss, and the amount recovered goes to them.

Who can recover for loss of society

A spouse can recover loss of consortium, children can recover loss of parental society, and parents can recover loss of a son's or daughter's society and companionship, along with emotional distress, grief and loss of enjoyment of life.

Damages to beneficiaries

Wrongful death damages are meant to compensate the beneficiaries directly for the losses they have suffered, not the estate.

Fault

Pure comparative negligence reduces the recovery by the decedent's share of fault.

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.