Detailed Answer
Under Rhode Island law, a wrongful death claim arising from a car accident must be filed by the decedent’s personal representative.
Rhode Island’s wrongful death statute, R.I. Gen. Laws § 10-7-1, provides that “whenever the death of a person is caused by the wrongful act, neglect, or default of another, the personal representative of the deceased may maintain an action…”. Without a personal representative, a court will dismiss the claim for lack of standing.
To obtain a personal representative, you must open an estate in Rhode Island probate court. If the decedent left a will, you file a Petition for Probate of Will and Appointment of Personal Representative; if there is no will, you file a Petition for Administration. See R.I. Gen. Laws § 33-15-3 for appointment procedures.
The process generally includes:
- Filing the appropriate petition in the Probate Court in the county where the decedent lived.
- Providing notice to creditors and potential heirs.
- Receiving “letters testamentary” or “letters of administration” that authorize the representative to act on behalf of the estate.
Once appointed, the personal representative can file the wrongful death lawsuit in Rhode Island Superior Court and pursue compensation for survivors. The statute of limitations for wrongful death in Rhode Island is three years from the date of death. See R.I. Gen. Laws § 9-1-14.
Helpful Hints
- Start probate promptly to avoid missing the wrongful death filing deadline.
- Gather the death certificate and any available will before filing.
- List all known assets, debts, and heirs to streamline administration.
- Consult the local probate court rules for specific filing fees and forms.
- Consider working with an attorney experienced in Rhode Island wrongful death claims.
Disclaimer: This post provides general information about Rhode Island law and does not constitute legal advice. You should consult a licensed attorney to address your specific situation.