Rhode Island Law Ensures Successful Wrongful Death Claims Receive Six Figures

Rhode Island Guarantees a Six-Figure Recovery in Successful Wrongful Death Claims—And Doesn’t Cap Any of Your Other Potential Damages

Rhode Island has some of the most robust wrongful death statutes in the country.

Under state law, families who win their claims are entitled to a minimum of $350,000 in damages. However, settling for the minimum is never ideal—especially when your claim has more to do with accountability for a loved one’s loss than it does with money.

Read more to learn about Rhode Island’s progressive laws on wrongful death claims, or contact Kirshenbaum & Kirshenbaum, Attorneys at Law, to speak to a wrongful death lawyer near Warwick and schedule your no-cost consultation as soon as possible.

Rhode Island’s “Death by Wrongful Death Act” Statute

Earlier this year, the state Death by Wrongful Death Act was amended to increase minimum damages in wrongful death claims.

Before 2024, any person or corporation found liable for causing or contributing to a wrongful death was responsible for paying damages of at least $250,000. Since January 2024, this minimum amount has been raised to $350,000.

Beyond the Death by Wrongful Death Act, state law prohibits courts from limiting most wrongful death awards. In other words, if you file—and win—a wrongful death lawsuit, you could receive as much money as you need to begin reclaiming your family’s financial independence.

Understanding Damages in Wrongful Death Claims

In Rhode Island, wrongful death is defined as any death “caused by the wrongful act, neglect, or default of another [person].”

A deceased person’s estate executor is typically entitled to file a wrongful death lawsuit when the circumstances of an accident would have allowed the decedent to initiate a personal injury claim had they not passed away from their injuries.

If a wrongful death lawsuit succeeds, a court may award the deceased person’s estate “damages.” In a legal context, damages are a form of compensation paid to replace financial losses and mitigate other hardships.

The 3 Types of Wrongful Death Damages 

Rhode Island’s courts recognize three distinct categories of damages. These include: 

• Economic damages, which compensate objective financial loss.
• Noneconomic damages, which compensate intangible forms of pain, suffering, and hardship. 
• Punitive damages, which are levied as punishment against an especially reckless defendant. 

Taken together, economic and noneconomic damages are typically termed “compensatory damages.” This is because they are designed to compensate for loss. Punitive damages, in contrast, are not compensatory—they are, instead, intended solely as punishment. 

Rhode Island is one of few states that does not cap any categories of wrongful death damages. 

Common Categories of Wrongful Death Compensation in Rhode Island

Your economic and noneconomic damages cover many different forms of loss. 

Some of the most common types of damages available in Rhode Island wrongful death claims include compensation for: 

• Funeral and burial expenses 
• The deceased person’s medical expenses
• The deceased person’s lost income and wages, including wages they would likely have earned had they survived their injuries
• Loss of companionship
• Loss of household services 
• Loss of guidance 
• Pain and suffering 

Rhode Island law permits punitive damages in wrongful death claims, but only under certain circumstances. In general, punitive damages may be assessed if the defendant’s conduct was intentional, overtly reckless, or egregiously negligent. 

Don’t Take Your Chances in Court: Contact Kirshenbaum & Kirshenbaum, Attorneys at Law, Today

Although Rhode Island’s generous approach to wrongful death damages can help grieving families restore their financial independence, it gives defendants a strong incentive to mount the most vigorous defense their money can buy. Instead of considering your best interest, a negligent property owner’s lawyer or an at-fault driver’s insurance company could: 

• Try to run out the statute of limitations by negotiating in bad faith 
• Demanding access to your relative’s medical records, hoping that they can pin some of their injuries on a preexisting health condition
• Hire industry experts to challenge police reports or compile alternative theories
• Offer a quick and easy settlement that seems generous but doesn’t account for the money your family might need going forward 

If you’ve lost a loved one before their time, you deserve better than excuses and endless negotiations.