The bill amends Section 10-7-2 of the General Laws concerning actions for death by wrongful act. It specifies that actions must be brought by the executor or administrator of the deceased, with the recovery divided between the spouse and children, or next of kin if there are no children. Individuals in willful contempt of child support obligations for the deceased are barred from recovery and are considered to have predeceased the child for distribution purposes.
A significant change introduced by this bill is the extension of the statute of limitations for wrongful death actions involving a child in utero or within six months of birth, allowing such actions to be commenced within ten years after the child's death. The bill does not establish a minimum recovery amount for damages in cases where liability is established. This act will take effect upon passage.
Statutes affected: 5661: 10-7-2