Rhode Island’s Wrongful Death and Personal Injury Laws: What You Need to Know in 2025

As Rhode Island’s wrongful death laws change, so do the rights and protections available to injury victims. If you have experienced an accident, it’s essential to understand how the legal landscape will affect your personal injury claim in 2025. Updates to laws make it crucial for victims and their families to be aware of their rights. These changes, which are supported by official Rhode Island legislative sources, influence compensation limits, liability, and legal procedures. Here’s what you need to know if you are pursuing a personal injury or wrongful death claim in Rhode Island.

Understanding Rhode Island’s Wrongful Death Claims

Wrongful death claims allow surviving family members to seek compensation when their loved one has died due to another party’s negligence. The Rhode Island General Laws (§ 10-7-1) govern these claims. As an example of the importance of having a personal injury lawyer on your side, in recent years, a key update affected the minimum recovery amount.

Previously set at $250,000, the minimum compensation for wrongful death claims has increased to $350,000 under Rhode Island law. This ensures that families who suffer the loss of a loved one receive adequate financial relief for damages such as medical expenses, lost income, and emotional suffering.

Who Can File a Wrongful Death Claim?

Not just anyone can file a wrongful death claim. Rhode Island law specifies that the executor or administrator of the deceased person’s estate must file the claim. If the deceased did not have a will or designated executor, the court will appoint one. The damages recovered in a wrongful death case are generally distributed to the deceased’s spouse, children, or other dependents.

Comparative Negligence in Personal Injury Cases

Rhode Island follows a pure comparative negligence rule, meaning that even if a plaintiff is partially at fault for their injuries, they can still recover damages. However, their compensation is reduced by their percentage of fault.

For example, if a car accident victim is found to be 30% at fault and their total damages amount to $100,000, they can still recover $70,000. Previous legal updates reaffirmed this principle, ensuring victims are not completely barred from recovery due to shared fault.

How Comparative Negligence Impacts Settlement Negotiations

Insurance companies often use comparative negligence to minimize payouts. If you are involved in an accident, an insurer may use an argument method that you were partially responsible to reduce your compensation. An experienced personal injury attorney can counter these claims with strong evidence, including accident reports, witness statements, and expert testimony.

Car Accident Liability and Safety Laws

Rhode Island has strict laws governing vehicle safety and accident liability. Under § 31-22-30, all vehicles engaged in towing operations must have proper safety lights and secure attachments. This law plays a significant role in determining liability in car accidents, particularly when improper towing or inadequate vehicle maintenance contributes to an accident.

In a recent case on I-95 in Richmond, Rhode Island, a tragic accident occurred when multiple vehicles collided, leading to severe injuries and loss of life. Such incidents highlight the importance of understanding liability laws and seeking legal assistance if you are involved in a similar situation.

Common Causes of Car Accidents in Rhode Island

Car accidents occur for various reasons, but some of the most common causes include:

• Distracted driving – Texting, eating, or adjusting the radio can lead to devastating crashes.
• Drunk driving – Alcohol impairs reaction time and judgment, increasing accident risk.
• Speeding – Excessive speed reduces the driver’s ability to react to sudden changes on the road.
• Failure to yield – Many accidents occur when drivers ignore right-of-way rules.

Understanding the factors contributing to car accidents can help you build a strong case if you are injured due to another driver’s negligence.

What to Do If You Are Injured in an Accident

If you or a loved one has been injured in a car accident or another type of personal injury incident in Rhode Island, it is crucial to take the following steps:

1. Seek Medical Attention: Even if injuries seem minor, get a full medical evaluation.
2. Document the Scene: Take photos, gather witness statements, and obtain a copy of the police report.
3. Consult a Personal Injury Attorney: An experienced attorney can help determine liability, calculate damages, and navigate legal procedures.

Why Legal Representation Matters

Insurance companies often attempt to minimize payouts, and navigating Rhode Island’s legal system can be complex. Having an experienced attorney ensures that you receive fair compensation and that all legal procedures are followed correctly.

A skilled lawyer will assist in:

• Gathering critical evidence, such as surveillance footage and accident reconstructions.
• Negotiating with insurance companies to maximize compensation.
• Representing you in court if a settlement cannot be reached.

Personal Injury Statute of Limitations in Rhode Island

Rhode Island imposes a time limit on filing personal injury and wrongful death claims. Under § 9-1-14, the statute of limitations for personal injury cases is three years from the date of injury. This means that if you fail to file a lawsuit within this period, you may lose your right to seek compensation.

For wrongful death cases, the statute of limitations also follows a three-year deadline, starting from the date of death. Because these time limits are strictly enforced, it is crucial to contact an attorney as soon as possible to begin the legal process.

Frequently Asked Questions

1. What damages can I recover in a personal injury lawsuit?

Victims can seek compensation for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages.

2. Can I file a claim if I was partially at fault for the accident?

Yes. Rhode Island’s comparative negligence law allows victims to recover damages even if they share some responsibility for the accident.

3. How long does it take to resolve a personal injury case?

The duration of a case depends on factors such as the severity of injuries, insurance negotiations, and whether litigation is required. Some cases settle within months, while others may take years.

Protecting Your Rights

Navigating a personal injury claim can be overwhelming, but you don’t have to do it alone. At Bottaro Law, we are committed to fighting for injury victims and ensuring that you receive maximum compensation for your medical bills, lost wages, and pain and suffering.

If you or a loved one has suffered an injury in Rhode Island, don’t wait—contact us today for a free, no-obligation consultation. Contact us to speak with an experienced Rhode Island personal injury attorney. Your recovery starts now.