Rhode Island General Laws

R.I. Gen. Laws § 10-7-7 (2026)

Pain and suffering recoverable — Limitation of action

✓ current as of July 2026

Find cases: SyfertCases citing this section RI-LEGwebserver.rilegislature.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

In an action under § 10-7-5, recovery may be had for pain and suffering. Except as otherwise provided, every action under § 10-7-5 shall be commenced within three (3) years after the death of the person. With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, the action shall be commenced within three (3) years of the time that the wrongful act, neglect or default is discovered or, in the exercise of reasonable diligence, should have been discovered.

Notes of Decisions

Cited in 8 cases, 1965–2008 · leading case: Simeone v. Charron, 762 A.2d 442 (R.I. 2000).

Sort: Relevance Newest Treatment

Simeone v. Charron, 762 A.2d 442 (R.I. 2000). · cites it 2× “1, medical expenses pursuant to § 10-7-5, and an award for conscious pain and suffering pursuant to § 10-7-7. In addition, petitioner sought punitive damages in the amount of $10 million.”

Hargreaves v. Jack, 750 A.2d 430 (R.I. 2000). · cites it 2× “act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who * * * would have been liable if death had not ensued shall be liable to an action for damages, in…”

White v. Johns-Manville Corp., 693 P.2d 687 (Wash. 1985). “or within one year after the death for which suit is brought, whichever is later"); R.I. Gen. Laws § 10-7-7 (Supp. 1984) (actions shall be commenced within 3 years after death).”

Presley v. Newport Hosp., 365 A.2d 748 (R.I. 1978). “One is a recovery for death (§10-7-1), and the other is for “* * * hospital, medical and other expenses incurred, including diminution of earning power until time of death, by or in behalf of the party injured by reason of such wrongful act, neglect or default * * *” (§10-7-5)…”

Tyre v. Swain, 946 A.2d 1189 (R.I. 2008). “Section 10-7-1 provides for recovery for the death itself, whereas § 10-7-5 and § 10-7-7 provide for survival damages, which includes damages for medical expenses, lost earning capacity until the time of death, pain and suffering.”

Aetna Cas. & Sur. Co. v. Curley, 585 A.2d 640 (R.I. 1991). · cites it 2× “nsued shall be liable to an action for damages, in addition to the one provided for under §§ 10-7-1 — 10-7-4, inclusive, for the hospital, medical and other expenses incurred, including diminution of earning power until time of death, by or in behalf of the party injured by…”

Beaupre v. Boulevard Billiard Club, 510 A.2d 415 (R.I. 1986). “1956 (1969 Reenactment) § 10-7-1 and § 10-7-7, as amended by P.L. 1984, ch. 237, § 1, damages for pain and suffering clearly would be recoverable if in this case the wrongful death of the decedent is compensable.”

Lopez v. Pan Atl. CIA Naviera & Seaboard Shipping Co., 247 F. Supp. 281 (D.R.I. 1965). · cites it 2× “It is my considered judgment that the decedent’s claim for damages for conscious pain and suffering did not survive his death and that the plaintiff in her capacity as administratrix of his estate may not recover damages therefor, either under the general maritime law or under…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.