If you lost a family member due to someone else’s negligence, Rhode Island, Massachusetts, Connecticut, and New Hampshire all allow surviving family members to pursue a wrongful death claim. These claims can recover compensation. Rob Levine Law handles wrongful death claims across all four states and can help you understand what your family may be entitled to pursue.
Types of Damages You Can Recover in a Wrongful Death Claim
While no amount of money can ever truly replace the loss of a loved one, a successful wrongful death claim can provide financial relief during a difficult time. Below are the types of damages you may be able to recover, along with any state-specific differences for Rhode Island, Massachusetts, Connecticut, and New Hampshire.
Funeral and Burial Costs
The costs associated with funeral and burial expenses are generally recoverable in all four states. This includes funeral services, caskets, transportation, and burial plots.
- Rhode Island, Massachusetts, Connecticut, New Hampshire: All four states allow for the recovery of reasonable funeral and burial expenses as part of the wrongful death claim. The key here is that these expenses must be proven to be necessary and reasonable.
Medical Expenses
If your loved one received medical treatment before their passing, you may be entitled to recover the medical costs associated with the injury or illness.
- Rhode Island, Massachusetts, Connecticut, New Hampshire: Medical expenses incurred prior to death are recoverable in all four states. These include emergency treatment, hospital stays, surgeries, or any other medical expenses related to the fatal injury or illness.
Loss of Income
The loss of income from a primary wage earner can cause significant financial hardship. Compensation for the future income that the deceased would have earned is often a major part of wrongful death claims.
- Rhode Island, Massachusetts, Connecticut, New Hampshire: In all four states, surviving family members may recover compensation for the future wages and financial contributions the deceased would have made. This includes consideration of the decedent’s salary, career trajectory, and earning potential.
Loss of Companionship and Emotional Support
This type of damage compensates for the emotional suffering and loss of the companionship, affection, and support the deceased would have provided.
- Rhode Island, Massachusetts, New Hampshire: These states allow compensation for the loss of companionship, love, and emotional support provided by the deceased. The surviving family members can seek compensation for the emotional toll this loss has taken on them.
- Connecticut: Under Connecticut law C.G.S. § 52-555a, a surviving spouse can recover for “Loss of Consortium,” which specifically covers the loss of the “society, companionship, and sexual relationship” with their partner.
Pain and Suffering
If the deceased experienced pain or emotional distress before passing, these damages can be included in a wrongful death claim. Some states also allow for emotional distress claims by the surviving family members.
- Rhode Island, Massachusetts: Both states allow compensation for the decedent’s pain and suffering before death. In addition, surviving family members can claim emotional distress, though this may require additional proof.
- Connecticut, New Hampshire: Pain and suffering damages for the deceased are recoverable in both states. However, Connecticut and New Hampshire are more restrictive about allowing survivors’ emotional distress claims unless they were directly impacted by the suffering of the deceased.
Punitive Damages
Punitive damages are awarded to punish the wrongdoer and deter similar behavior in the future. These damages are typically reserved for cases involving gross negligence or intentional harm.
- Rhode Island, Massachusetts, Connecticut, New Hampshire: All four states allow punitive damages in wrongful death cases where the defendant’s actions were grossly negligent or intentional. However, these are rarely awarded and depend on the specific facts of the case, with higher standards of proof required.
Who Can File a Wrongful Death Claim In New England?
In New England, the right to file a wrongful death claim is generally available to immediate family members of the deceased. The specific individuals who can file may vary slightly depending on the state, but typically include:
- Spouses: Surviving spouses can file for the loss of their partner, seeking compensation for loss of companionship, emotional distress, and financial support.
- Children: Both minor and adult children can file claims, often for the loss of emotional support, guidance, and the financial contributions of their parent(s).
- Parents: If a child under 18 dies due to wrongful actions, the parents can file the claim, regardless of their relationship with the child.
- Other Dependents: In some cases, other family members or dependents may have the right to file, depending on the specific laws of the state.
State-Specific Filing Requirements
- Rhode Island, Massachusetts, and Connecticut: A wrongful death claim must generally be filed by the Executor or Administrator of the deceased person’s estate. If an estate hasn’t been opened, Rob Levine Law can assist families in navigating Probate Court to ensure a representative is appointed promptly to meet legal deadlines.
- New Hampshire: The law is slightly more flexible, allowing an administrator or “any person interested in the estate” to file the claim, though an administrator is typically required to finalize the process.
How Are Damages Determined?
The amount of compensation you can recover in a wrongful death claim is influenced by several factors, including the specific details of the incident and the unique losses experienced by surviving family members. Courts and insurance companies typically assess the financial and emotional impact of the loss by looking at:
- The deceased’s role in the family: Their contributions as a provider, parent, or spouse.
- Future earning potential: Calculations of what the deceased would have earned over their remaining working years.
- The nature of the incident: The degree of negligence or recklessness involved in the death.
The Impact of State Law on Your Claim’s "Worth"
In New England, the state in which your claim is filed plays a critical role in determining your final recovery. Different states use specific formulas and “power statutes” that can significantly increase the compensation available to your family:
- Rhode Island’s $350,000 “Floor”: Under R.I. Gen. Laws § 10-7-2, Rhode Island mandates a statutory minimum recovery for wrongful death. As of 2026, this “floor” is $350,000 (plus inflation adjustments). This is a vital protection for families in cases where financial loss, such as future wages, might otherwise be difficult to prove.
- Connecticut’s “Value of Life”: Under C.G.S. § 52-555, Connecticut law looks at the “Value of Life” to the deceased person themselves. This unique approach allows the estate to recover for the loss of the deceased’s ability to enjoy life’s activities, which is calculated separately from their lost wages.
- Massachusetts Punitive Damages: While punitive damages are rare in standard personal injury cases, Massachusetts law explicitly allows them in wrongful death claims if the death was caused by “malicious, willful, wanton, or reckless conduct.” These damages are intended to punish the wrongdoer and can significantly increase the total award.
Because these laws are so distinct, having an experienced attorney who understands the specific nuances in your state is essential to ensuring your family receives the maximum compensation allowed by law.
Calculate the Value of Your Case
Use our free personal injury settlement calculator to determine how much your case may be worth. This calculator is designed to give you a value with a range based on thousands of case we have settled.
Why Should You Consult With an Attorney?
Consulting with an experienced attorney ensures that you understand your legal rights and are able to navigate the legal process with confidence. An attorney can help you gather essential evidence, negotiate with insurance companies, and ensure that all necessary paperwork is filed in a timely manner.
At Rob Levine Law, we are here to offer you the support and guidance you need during this difficult time. You don’t have to face this alone. Let us help you secure the justice and compensation your family deserves. Call (888) 791-9135 or reach out through our online contact form, and let’s take the first step toward healing together.
