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Rhode Island General Laws 10-7-1.2. Liability for loss of consortium – Liability for loss of society and companionship

     

(a)  Whenever the death of a married person shall be caused by the wrongful act, neglect, or default of another person, the decedent‘s spouse may recover damages against the person for loss of consortium and for the emotional distress, grief, and loss of enjoyment of life as a result of the death.

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Terms Used In Rhode Island General Laws 10-7-1.2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  Whenever the death of a parent or parents of a son or daughter shall be caused by the wrongful act, neglect, or default of another person, the son or daughter may recover damages against the person for the loss of parental society and companionship and for the emotional distress, grief, and loss of enjoyment of life as a result of the death.

(c)  Whenever the death of a son or daughter shall be caused by the wrongful act, neglect, or default of another person, the parent or parents of the son or daughter may recover damages against the person for the loss of the son’s or daughter’s society and companionship and for the emotional distress, grief, and loss of enjoyment of life as a result of the death.

History of Section.
P.L. 1982, ch. 217, § 1; P.L. 1984, ch. 64, § 2; P.L. 2010, ch. 232, § 1; P.L. 2010, ch. 240, § 1; P.L. 2021, ch. 341, § 1, effective July 12, 2021; P.L. 2021, ch. 342, § 1, effective July 12, 2021.

Rhode Island General Laws 10-7.1-2. Action by executor or administrator – Persons benefited – Limitation of action

     

Every action under this chapter shall be brought by and in the name of the executor or administrator of the deceased person, whether appointed or qualified within or without the state, and of the amount recovered in every action under this chapter one-half (½) shall go to the husband or widow, and one-half (½) shall go to the children of the deceased, and if there are no children the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate. Provided, that every action under this chapter shall be commenced within one year after the death of the person.

History of Section.
P.L. 1974, ch. 82, § 1; P.L. 1997, ch. 326, § 31.

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Terms Used In Rhode Island General Laws 10-7.1-2

  • Executor: A male person named in a will to carry out the decedent
  • Intestate: Dying without leaving a will.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal property: All property that is not real property.