Procedure In Particular Actions -- Death By Wrongful Act
Impact
If passed, H5573 will significantly impact how wrongful death actions are pursued in Rhode Island, particularly in heartbreaking cases involving children. By extending the statute of limitations, families will have more time to prepare their cases, potentially leading to more successful claims against parties found liable for wrongful acts that result in the death of a child. The bill reflects a commitment to protecting the rights of grieving families, ensuring that they are not rushed into legal proceedings during a time of profound distress.
Summary
House Bill 5573 focuses on amending the existing laws related to wrongful death actions in the state of Rhode Island. The primary change introduces an expansion of the statute of limitations for wrongful death cases involving a child. Previously, the time frame within which such actions could be initiated was limited, but this bill proposes extending this window to six years following the death of a child, either in utero or within six months after birth. This change is intended to allow for greater access to justice for families affected by such tragedies, recognizing the complexities surrounding emotional and legal challenges in these sensitive cases.
Contention
While there may be support for the bill due to its compassionate aim to support grieving families, there could also be concerns regarding its implications for defendants. Opponents might argue that extending the statute of limitations could lead to challenges in gathering evidence or witness testimonies over time. Moreover, defendants might be concerned about the potential for increased liability and costs associated with prolonged legal actions. Thus, while the bill is aimed at providing justice for affected families, it is not without potential opposition regarding its long-term effects on civil procedures and legal defenses.
Expands the statute of limitations with respect to any wrongful act resulting in the death of a child in utero or within six (6) months after the birth of the child, to ten (10) years after the death of the child.
Expands the statute of limitations with respect to any wrongful act resulting in the death of a child in utero or within six (6) months after the birth of the child, to ten (10) years after the death of the child.