Rhode Island · Wrongful death · Updated
Wrongful death cases in Rhode Island: the rules and the lawyers
The deadline to file, the fault rule and the other Rhode Island rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Rhode Island that take wrongful death cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
3 years from death
In Rhode Island, a wrongful-death action “shall be commenced within three (3) years after the death of the person”; if the wrongful act is not known at the time of death, the three years run from when it is discovered or, with reasonable diligence, should have been discovered1.
That is the deadline for wrongful death cases. The usual deadline for other injury claims in Rhode Island is 3 years.
If you were partly at fault
Pure comparative
In Rhode Island, your own share of the fault lowers what you can recover, but it does not stop you from recovering2.
Firms we list
0 firms
None yet for wrongful death cases.
Know this first
Step 1: Three years to file in court
3 yearsfor most injury lawsuits
In Rhode Island, most injury lawsuits must be filed in court within three years3.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
In Rhode Island, an action for injuries to the person must be commenced within three years after the cause of action accrues3. Wrongful death, medical malpractice and claims against the state, cities and towns also run three years, but each has its own start point or notice step.
The law, as written
Personal injury3 years
In Rhode Island, “[a]ctions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after”3.
More detail
Where the insured tortfeasor cannot be served and process is returned “non est inventus,” Rhode Island extends the time to sue the insurer directly under § 27-7-2 by an additional 120 days3. Otherwise the injured party may not join the insurer as a defendant in the suit against the insured4.
If a family member died
Step 2: If someone died
A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.
The law, as written
Wrongful death3 years from death
In Rhode Island, a wrongful-death action “shall be commenced within three (3) years after the death of the person”; if the wrongful act is not known at the time of death, the three years run from when it is discovered or, with reasonable diligence, should have been discovered1.
If a government body was involved
Step 3: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the state, cities and towns: suit deadline3 years
In Rhode Island, a tort action against the state, any political subdivision, or any city or town must be instituted within three years of the accrual of the claim, and “[f]ailure to institute suit within the three-year (3) period shall constitute a bar”5.
Claims against cities and towns: presentmentPresent to council; 40 days before suit
In Rhode Island, a person with a claim against a town or city must present “a particular account” of the claim to the town or city council, and may sue the treasurer if just and due satisfaction is not made within 40 days after presentment6.
More detail
For injuries from a defective highway, causeway or bridge, Rhode Island requires notice to the town of “the time, place, and cause of the injury or damage” within 60 days, and suit within three years of the injury7.
How fault is counted
Step 4: If you were partly at fault
Pure comparative
In Rhode Island, your own share of the fault lowers what you can recover, but it does not stop you from recovering2.
In Rhode Island, a plaintiff's lack of due care does not bar recovery; damages are diminished in proportion to the plaintiff's negligence, a pure comparative-fault rule2. Joint tortfeasors share contribution by relative fault, and a release of one reduces the claim by the amount paid.
The law, as written
Fault modelPure comparative
In Rhode Island, the fact that the injured person “may not have been in the exercise of due care or the fact that the danger or defect was open and obvious shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured”2.
If they were a minor
Step 5: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
Minors and other disabilitiesTolled until 18
In Rhode Island, a person who is under 18, “of unsound mind, or beyond the limits of the United States” when a cause of action accrues may bring it within the limitations period after the impediment is removed9.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Rhode Island can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Rhode Island rules
This page keeps to the rules that matter most for a wrongful death case. The Rhode Island page has all of them.
Injured in Rhode Island: all deadlines and rules
Other case types in Rhode Island:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
How to check a lawyer’s license in Rhode Island
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- R.I. Gen. Laws § 10-7-2Read the source: R.I. Gen. Laws § 10-7-2
- R.I. Gen. Laws § 9-20-4Read the source: R.I. Gen. Laws § 9-20-4
- R.I. Gen. Laws § 9-1-14Read the source: R.I. Gen. Laws § 9-1-14
- R.I. Gen. Laws § 27-7-2Read the source: R.I. Gen. Laws § 27-7-2
- R.I. Gen. Laws § 9-1-25Read the source: R.I. Gen. Laws § 9-1-25
- R.I. Gen. Laws § 45-15-5Read the source: R.I. Gen. Laws § 45-15-5
- R.I. Gen. Laws § 45-15-9Read the source: R.I. Gen. Laws § 45-15-9
- R.I. Gen. Laws § 9-20-4.1Read the source: R.I. Gen. Laws § 9-20-4.1
- R.I. Gen. Laws § 9-1-19Read the source: R.I. Gen. Laws § 9-1-19
- R.I. Gen. Laws § 9-1-14.1Read the source: R.I. Gen. Laws § 9-1-14.1
This is general information, not legal advice.