Rhode Island General Laws

R.I. Gen. Laws § 10-7-10 (2026)

Damages not to estate or asset of estate

✓ current as of July 2026

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All damages recoverable under §§ 10-7-1 — 10-7-4 and under 10-7-7.1 shall be recoverable by and awarded to those beneficiaries as specified in § 10-7-2 and shall not be deemed or considered damages to the estate of the decedent, nor shall they be considered in any way an asset of the estate of the decedent, nor liable to any claims against the estate of the decedent.

Notes of Decisions

Cited in 5 cases, 1978–2008 · leading case: Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978).

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Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978). “Bressette, supra; see also §10-7-10. This court has held that a claim for pain and suffering, medical expenses, and diminution of earning power is an independent cause of action which calls for a separate judgment.”

Com. Union Ins. v. Pelchat, 727 A.2d 676 (R.I. 1999). “General Laws 1956 § 10-7-10 of the wrongful death act directs that damages recoverable under that act are not considered “in any way an asset of the estate of the decedent 5 .”

Aetna Cas. & Sur. Co. v. Curley, 585 A.2d 640 (R.I. 1991). · cites it 3× “…under such circumstances as amount in law to a felony.” Damages recovered under § 10-7-1 are disbursed pursuant to §§ 10-7-10 and 10-7-2. Section 10-7-10 provides that “[a]ll damages recoverable under §§ 10-7-1 to 10-7-4 inclusive shall be recoverable by and awarded to…”

Tyre v. Swain, 946 A.2d 1189 (R.I. 2008). “Importantly, § 10-7-10 and § 10-7-2 make clear that damages for the wrongful death itself shall be awarded to the decedent’s next of kin and not to the estate itself.”

Ayers-Schaffner v. Solomon, 461 A.2d 396 (R.I. 1983). “1956 (1969 Reenactment) § 10-7-10, as enacted by P.L. 1971, ch. 46, § 1.”

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