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Wrongful Death Statute Now Allows for Recovery of Punitive Damages

| Jan 6, 2010 | Legal News

A bill introduced by Representatives Caprio, Petrarca, Silva, Edwards, and Lally has now become law. Rhode Island General Law, Chapter 10-7 “Death by Wrongful Act” now includes the following:

R.I.G.L. 10-7-7.1. Punitive Damages. In an action commenced under section 10-7-5, recovery may be had for punitive damages if such damages would have been recoverable had the decedent survived.

Punitive damages are damages in addition to compensatory damages (medical bills, lost wages, pain and suffering, etc) that are intended to deter the defendant from acting in a certain way. Punitive damages are typically awarded in cases where the defendant’s negligence was egregious or his behavior reckless. The most well-known examples have come from lawsuits against the tobacco industry.

Rhode Island joins the growing number of States (now the majority of States) to allow for punitive damages in a wrongful death lawsuit. I want to thank our State Representatives who fought diligently to pass this bill and who continue to look out for the well-being and civil rights of our State citizens.

If you believe that a loved one lost their life due to the negligence of another person, contact my office today to schedule a free consultation.