Losing a loved one in a fatal accident causes a mountain of grief—and often, financial hardship as well. While no amount of money can undo such a profound tragedy, Rhode Island law does allow eligible family members to seek compensation for their pain and suffering. Unlike some states, Rhode Island does not impose a statutory cap on these damages.
If you think you have a claim for wrongful death in Rhode Island, the experienced attorneys at Kirshenbaum & Kirshenbaum can help you understand your rights and options. By pursuing the compensation your family deserves, you can secure your financial future while holding the at-fault party accountable.
Pain and Suffering Damages Explained
In legal terms, "pain and suffering" refers to the physical, emotional, and psychological impact of an accident or injury. This category of damages is distinct from economic losses such as medical bills or lost income. Instead, pain and suffering damages attempt to compensate for the profound personal toll of a life-altering tragedy.
Examples of Wrongful Death Pain and Suffering
While every family's experience is unique, common examples of pain and suffering after a fatal accident include:
- Intense grief and sorrow over the sudden loss
- Anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of the deceased person's love, companionship, and support
- Difficulty sleeping, concentrating, or enjoying daily life
Does Rhode Island Have a Damages Cap for Pain and Suffering?
No. While some states impose a statutory cap (maximum amount) on non-economic damages like pain and suffering, Rhode Island does not have any such limit for fatal accident or wrongful death cases.
However, RI does have a separate law that establishes a minimum recovery amount for certain wrongful death claims involving children or elderly adults. In these specific cases, the minimum damages start at $350,000.
Calculating Wrongful Death Damages
Calculating pain and suffering damages in a wrongful death case is a complicated and subjective process. Unlike economic damages, which are based on measurable financial losses, there is no precise formula or calculator for quantifying the emotional impact of losing a loved one. However, attorneys and juries often rely on two standard methods to determine a fair and reasonable amount: the multiplier method and the per diem approach.
Multiplier Method
Under this approach, the total economic damages (such as medical bills and lost income) are multiplied by a factor usually ranging from 1.5 to 5, depending on the severity of the non-economic losses. For example, if the economic damages are $500,000 and a multiplier of 3 is applied, the pain and suffering damages would be $1,500,000.
Per Diem Method
The per diem (meaning "per day") approach assigns a dollar value to each day the surviving family members are expected to experience pain and suffering. This daily rate is then multiplied by the estimated number of days the suffering is expected to continue.
For example, if the daily rate is determined to be $500 and the family is expected to experience significant pain and suffering for 5 years (1,825 days), the total damages would be $912,500.
Factors Considered in Calculations
Regardless of the calculation method, judges and juries evaluate the full context of each wrongful death case, including:
- Nature and severity of the fatal accident
- Deceased person's unique role in the family
- Age and life expectancy of the surviving family members
- Compelling evidence of the survivors' emotional distress
- Deceased person's pain and suffering before death
- Testimony from grief counselors, friends, or other witnesses
Ultimately, there is no definitive chart or equation for determining pain and suffering damages. Juries have significant discretion to award what they consider to be fair and reasonable compensation based on the totality of the circumstances. A skilled RI wrongful death lawyer can help you build a strong case, demonstrate the profound impact of your loss, and fight for the maximum compensation available under the law.
How to Seek Pain and Suffering Damages in Rhode Island
To pursue a wrongful death claim, the personal representative of the deceased person's estate must file a lawsuit in civil court. This process involves:
- Investigating the cause of the fatal accident
- Identifying the at-fault parties
- Documenting the full impact on the surviving family
- Calculating the appropriate compensation amount
- Negotiating with insurance companies or arguing the case in court
An experienced RI wrongful death attorney can handle every aspect of your case with skill, sensitivity, and determination. While a wrongful death lawsuit won’t undo your loss, it can provide a sense of justice, accountability, and financial security. Pursuing the compensation you deserve is an act of strength, not selfishness. By holding the at-fault party responsible, you can create positive change while protecting your family's future.
At Kirshenbaum & Kirshenbaum, we have been fighting for families like yours for over 90 years. Our compassionate team is here to listen to your story, explain your legal options, and advocate fiercely for your rights. You don't have to face this overwhelming process alone—let us guide you through the process and fight for the justice your loved one deserves.