Newport Wrongful Death Lawyer
Experiencing a death in the family is tragic regardless of the circumstances. These situations are even more traumatic when another person’s negligence caused the death. If your loved one has died because of someone else’s actions or inactions, you may be able to pursue a wrongful death claim.
At Rob Levine Law, we understand the devastating emotional and financial toll that a wrongful death of a family member causes. Count on our compassionate legal advocates to provide the high-quality representation you need to pursue justice for your family. Learn how we can help your family today by scheduling a free consultation.
Find out what your case is worth.
Legally Reviewed by:
Last Updated:
August 24, 2026
Table of Contents
- Why Choose Our Newport Wrongful Death Lawyers at Rob Levine Law?
- Who Can File a Wrongful Death Claim in Rhode Island?
- Who May Be Liable in a Newport Wrongful Death Claim?
- What Compensation Is Available in a Wrongful Death Claim?
- How Long Do You Have to File a Wrongful Death Claim in Rhode Island?
- Our Newport Wrongful Death Attorneys Are Ready to Help When You Are
- Wrongful Death FAQs
Why Choose Our Newport Wrongful Death Lawyers at Rob Levine Law?
Our dedicated attorneys at Rob Levine Law have over 25 years of experience handling a wide range of wrongful death claims. We have helped over 50,000 people, recovered $2 billion in disability benefits and injury compensation, and offer offices across Rhode Island and New England for easy accessibility.
When you partner with our Newport law firm, you secure a comprehensive investigation and aggressive approach to personal injury cases, continued emotional support, and a focus on maximizing recovery. Check out our testimonials and case results to learn more about us.
What Our Past Clients Say About Us
Clear, Earnest, and Results-Driven
Rob Levine Law and all of his teammates are just the very best around. They are clear with their questions and earnest about making sure that you receive the highest settlement amount that you can possibly get. They are simply AWESOME!!
Ben B.
Smooth Legal Process with Clear and Timely Communication
Rob Levine Law was very professional, proactive, and informative with my case. My attorney, Brittney Wilson, walked me through the process step by step. Brittney updated me throughout the process, making it very smooth and not leaving me guessing about my status. The whole team, including the paralegal and secretary, worked together to ensure that my case was handled appropriately. I have worked with Rob Levine Law in the past, so I would recommend anyone to this law firm. They really are the best at what they do!
Shonda L.
Professional, Supportive, and Always There for You
My experience with Rob Levine Law has been wonderful. They truly care about you and your well-being. If you’re looking for lawyers to represent you, give Rob Levine Law a call. Thank you, Duane RLL! Very nice, was able to answer all my questions, and made me feel comfortable being represented by Rob Levine Law.
Walden F.
Who Can File a Wrongful Death Claim in Rhode Island?
Under Rhode Island law, when an individual has died due to someone else’s conduct, a wrongful death claim must typically be filed by the personal representative of the deceased person’s estate. This person is either named in the will or appointed by the court, typically a surviving spouse.
The personal representative is either named in the deceased person’s will or appointed by the court if no will exists. Often, the surviving spouse or another close family member, such as an adult child, parent, or sibling, serves in this role.
In Rhode Island, the personal representative of the estate typically must file the wrongful death claim. However, if the personal representative does not file the claim within six months of the person’s death, the estate’s beneficiaries can bring a claim as detailed in R.I. Gen. Laws § 10-7-3. These beneficiaries include surviving spouses, children, or other next of kin recognized under Rhode Island law. More distant relatives are generally not eligible unless they qualify as statutory beneficiaries.
Who May Be Liable in a Newport Wrongful Death Claim?
Every wrongful death case is unique, and determining who is legally responsible is not always straightforward. Liability generally depends on the specific facts of the incident and the parties involved. The following parties are typically the defendants in wrongful death claims:
Individuals
In many cases, a single person’s negligent, careless, or reckless actions directly cause a fatal incident. In such situations, the claim typically focuses on proving the individual breached a duty of care owed to the victim and caused their death. Those potentially responsible include drivers, doctors, or property owners. For example, a driver who runs a red light on Route 138 and causes a fatal crash can be held personally liable for reckless driving and traffic violations.
Corporations or Employers
Businesses and employers are often vicariously liable when the actions of their employees cause deaths. In addition, they may also be held liable for their own negligent or wrongful conduct. These cases often involve premises liability, safety violations, negligent supervision, improper training, and inadequate hiring practices. For instance, Rhode Island law may hold a nursing home operator liable for neglect of a resident at a Newport facility if poor hiring practices contributed to the death.
Government Entities
Sometimes liability extends to a city or municipality when public infrastructure or safety measures are inadequate. For instance, in a pedestrian death on Thames Street, the City of Newport could be partially liable if it failed to install or maintain infrastructure, such as proper crosswalk signals or adequate lighting.
Product Manufacturers
When a defective product causes a fatal injury, manufacturers and, in some cases, retailers can be held liable under product liability laws. In a defective appliance incident near Newport Harbor, a manufacturer may be held liable if a product defect caused a fire that resulted in a fatality.
What Compensation Is Available in a Wrongful Death Claim?
In general, the estate can pursue economic and non-economic damages in a wrongful death claim, and, in some cases, punitive damages may also be recoverable. Economic damages include lost income, medical expenses of fatal injuries, and funeral or burial expenses. Meanwhile, non-economic damages compensate for the deceased’s pain and suffering and for certain family members’ loss of companionship and guidance. In cases involving especially egregious behavior, such as reckless or intentional harm, the court may award punitive damages.
Unlike other states, Rhode Island has a law that guarantees a minimum recovery of $350,000 in a successful lawsuit.
How Long Do You Have to File a Wrongful Death Claim in Rhode Island?
Rhode Island’s statute of limitations is three years from the date of the victim’s death. If you miss the deadline set by the statute of limitations, a court will likely dismiss your case, and you will lose the opportunity to pursue a claim for your loved one’s death. Therefore, it is critical to speak with an attorney about your case as soon as possible.
What Could Change the Statute of Limitations?
The statute of limitations has some limited exceptions, including the following:
- Delayed discovery of the cause of death: If the cause of the injury leading to death is not apparent at the time of death, the statute of limitations may not begin to run until the cause is discovered through reasonable diligence. However, if a death results from a defective product, there is a hard cap of 10 years from the date of purchase. Meanwhile, if a death results from medical malpractice, a claim must be filed within seven years of the negligent act, regardless of when the cause is discovered.
- Government entities: Claims against government entities often involve shorter deadlines and strict notice requirements, which can affect how long you have to file a wrongful death claim.
Our Newport Wrongful Death Attorneys Are Ready to Help When You Are
While it is important to contact a lawyer as soon as possible to help preserve evidence and protect your claim, it is also understandable that you may need time. Rob Levine Law is here to support you whenever you are ready to take the next step.
Working with our team offers numerous advantages, including the following:
- Remote and in-office meetings + willingness to travel to meet you
- 24/7 availability
- A commitment to upholding ethical standards
- Win or no fee™, that is the Fee Free Guarantee®
- Fee transparency, including a standard 33% rate for all personal injury cases
- A discounted rate of 25% to first responders, including police, fire, rescue, and military
Contact us online or call us to schedule a free consultation. We’re here for you through every step of the legal process.
Wrongful Death FAQs
How Is a Wrongful Death Claim Different From a Personal Injury Claim?
A wrongful death claim arises when someone dies due to someone else’s acts or omissions, allowing surviving family members to recover damages. Meanwhile, the injured person themself brings a personal injury claim to recover damages for their losses.
How Do I Prove My Loved One’s Death Was Caused by Negligence?
You must show that another party owed a duty of care, breached that duty, and directly caused the death, often using evidence like reports, records, and expert testimony.
What if the Death Was Caused by Poor Maintenance or Unsafe Infrastructure in Newport?
If hazardous conditions near public or tourist areas contributed to the death, a property owner or government entity may be held liable for failing to maintain a safe environment.
How Does Vicarious Liability Apply in Wrongful Death Cases?
Vicarious liability holds employers responsible for wrongful acts committed by employees while performing their job duties.
What If I Am Having Trouble Gathering Evidence for My Case?
A lawyer can investigate the incident, collect key evidence, consult experts, and build a strong case on your behalf.
Get Your Free Consultation Now
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Notable Case Results
$130,000
Defendant made a wide turn on Narragansett Parkway in Warwick, turning to wide to avoid hitting the front of our clients vehicle. Client had a stiff neck and back after the accident however the pain continued resulting in months of treatment. The case could not be settled and our litigation team had to tackle the file to get a successful result.
$125,000
Client was driving on 95 South in Warwick when they were rear ended by a defendant who did not slow down and hit our client going about 55 miles per hour. After months of physical therapy the client had an MRI that revealed small spinal fractures. This file was denied but our litigation team was able to get a settlement for the client.
$24,158
Client was rear ended. Allstate claimed low impact accident and denied any injuries. Our attorney filed suit and litigated the file, proving injuries even with a low impact, winning the case for our client.
$37,810
Jefferson Blvd in Warwick, our client who was 7 months pregnant was side swiped by a truck. Client was rushed to Woman and Infants Hospital in Providence where client was monitored as she began contractions. She also was treated for body pain. Car was a total loss
$300,000
Client was driving on Route 5 in Warwick near the Lowe’s. Defendant was pulling out of a parking lot and hit our clients motorcycle. Our client was thrown from the bike, slamming his head on the ground. He was rushed to the hospital. Our office settled the claim for policy limit. We recovered $240,000 for the client and an additional $60,000 for a loss of consortium claim for the clients spouse.
$50,000
Client was in Dicks Sporting Goods in Warwick RI. Client was walking in an isle and fell on plastic wire straps that were in the isle. Was taken from the store to Kent Hospital via ambulance. Had to have rotator cuff surgery
$55,000
Client was walking his dog in Warwick. During the walk a pitbull named Xavier started fighting with our clients dog. Our client broke up the fight between the dogs. Rescue came to scene along with police. Client was treated and released. The next day an infection formed causing the client to be hospitalized for 6 days.
$50,881
Client residing in Warwick RI could not work due to Seizure, Anxiety, Depression, Mood Disorder, Chronic Pain, Boderline Personality Disorder
$52,000
Client living in West Warwick suffering from headaches, PTSD, TBI, IBS and was a sexual victim during his time of army service in the early 2000s. Our firm won 52,000 in back benefits.
$575,000.00
Client was traveling east on Long Street in Warwick when the defendant, pulling out of a side street, ran a stop sign. The client attempted to stop but was unable to avoid hitting the passenger side of the defendant’s car. Our client was taken from the scene by rescue to Rhode Island Hospital, where he stayed for two days.
Quick Follow-Up and Personalized Case Attention
Easily reached the attorney via phone. I dropped off paperwork and promptly received a call to go over it. The attorney is on the ball and doesn’t need time to look me up when I call to discuss my case, unlike other firms I’ve used.
Leo Z.
Unmatched Attention to Veterans’ Cases
Very great law firm for veterans. The time they take on your case is unbelievable. Please give them your business; you will never regret it.
Leland R.
Efficient Disability Claim Representation
Rob Levine is one of the greatest lawyers I’ve ever had. He got my settlement in just nine months for my disability, and it was a great settlement. If you’re looking for a disability lawyer to help you get your settlement quickly, please give them a call.
Yvette R.
Clear Communication and Genuine Client Care
I had an amazing experience with this law firm. From the very beginning, they were professional, supportive, and truly cared about my case. They kept me informed throughout the entire process and made everything feel much less overwhelming.
A special thank you to the paralegal, Candy Rosado. She was absolutely incredible. She was always responsive, patient, and took the time to explain everything clearly. Anytime I had questions or concerns, she made sure I felt heard and reassured.
I also want to recognize my attorney, Heather. She has been amazing, very firm, confident, and clearly knows exactly what she’s doing. That gave me so much peace of mind throughout the process.
I’m truly grateful for all the help and dedication they showed while handling my claim. I highly recommend them to anyone looking for a team that genuinely cares and goes above and beyond for their clients.
Errolis G.
Thorough and Caring Legal Team for Motorcycle Accidents
Rob Levine Law provides a great experience for my personal motorcycle accident injuries and motorcycle value recovery. Their website portal is easy to use, updating and logging your critical information, personal case references, and timelines. My lawyer, Kevin Marchand, is very proactive, detailed, and reliable! Thankfully, my case manager, Jorge Bedoya, is very caring, precise, and attentive to my needs. I’m looking forward to continuing to work with them throughout my case.
Matt S.
Excellent Communication and Fast Case Resolution
My paralegal, Samantha De Souza, and attorney, Kevin Marchand, were both great! They kept me up to date with my case. They were really friendly and helpful with all their information and super patient with all my questions. I loved their online system as well, which kept track of where we were at, and the videos they used to help explain the next steps. They did a great job and closed my case quickly.
Alyssa S.