Family Members Who Can File a Wrongful Death Lawsuit

Spouse only.

If the deceased person was married without children, all of the damages will be awarded to the surviving spouse.

Parents or grandparents.

If the deceased person was not married and had no children, the parents or grandparents may claim the damages. However, any parent who is six months or more behind in paying child support is not eligible to recover damages in a wrongful death suit for a child.

Other legal heirs.

If the deceased person was not married, had no children, and the parents and grandparents are not living, the grandchildren or other surviving next of kin may make a claim.

Although Rhode Island law gives surviving family members three years from the date of death to file a wrongful death lawsuit, the executor of the estate has just six months to bring a wrongful death claim. These time limits can pass quickly, so it is vital to have an experienced injury attorney at Kirshenbaum & Kirshenbaum advise you as soon as possible.