Both Rhode Island and Massachusetts allow certain family members to bring a wrongful death claim to recover compensation for the loss of their loved one. These laws are complex—and the process can feel overwhelming without the right guidance.
In Rhode Island, wrongful death claims are governed by R.I. Gen. Laws § 10-7-2, and may be brought by the executor or administrator of the deceased’s estate, typically on behalf of the surviving family. Compensation may include funeral costs, lost income the deceased would have earned, loss of companionship, and pain and suffering. The statute of limitations is generally three years from the date of death. However, there is an exception for situations where the wrongful act causing the death was unknown at the time. In such cases, the lawsuit must be filed within three years of the date the act, neglect, or default was discovered or reasonably should have been discovered.
In Massachusetts, under M.G.L. c. 229, a wrongful death lawsuit must be filed by the executor of the estate on behalf of statutory beneficiaries, including a surviving spouse, children, or next of kin, and compensation may be available for loss of support, services, care, guidance, and consortium. Massachusetts also allows for punitive damages in cases involving gross negligence or willful misconduct. The statute of limitations is typically three years, but the clock may start from when the wrongful act was discovered—not necessarily the date of death.
At Corrao & Robles Law, we explain these timelines and requirements with care and clarity—so your family never feels lost in the legal process.