§ 10-7-1.1. Pecuniary damages — How determined.
Pecuniary damages to the beneficiaries described under § 10-7-2 and recoverable by the beneficiaries shall be ascertained as follows:
(1) Determine the gross amount of the decedent’s prospective income or earnings over the remainder of his or her life expectancy, including all estimated income he or she would probably have earned by his or her own exertions, both physical and mental. Pecuniary damages shall include the value of homemaker services lost as a result of the death of a homemaker. The fair value of homemaker services shall not be limited to moneys actually expended to replace the services usually provided by the homemaker. In such a suit, the value of homemaker services may be shown by expert testimony, but expert testimony is not required.
(2) Deduct from the amount determined in subdivision (1) the estimated personal expenses that the decedent would probably have incurred for himself or herself, exclusive of any of his dependents, over the course of his or her life expectancy.
(3) Reduce the remainder thus ascertained to its present value as of the date of the award. In determining the award, evidence shall be admissible concerning economic trends, including but not limited to projected purchasing power of money, inflation, and projected increase or decrease in the costs of living.
History of Section.P.L. 1971, ch. 46, § 1; P.L. 1987, ch. 81, § 2; P.L. 1997, ch. 326, § 77.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-7 - Death by Wrongful Act
Section 10-7-1. - Liability for damages for causing death.
Section 10-7-1.1. - Pecuniary damages — How determined.
Section 10-7-2. - Persons who may bring actions — Limitation of actions — Minimum recovery period.
Section 10-7-3. - Action by beneficiaries.
Section 10-7-4. - Cause surviving death of person liable.
Section 10-7-5. - Liability for medical expense and diminution of earning power.
Section 10-7-6. - Executor or administrator to bring § 10-7-5 action — Amount recovered to estate.
Section 10-7-7. - Pain and suffering recoverable — Limitation of action.
Section 10-7-7.1. - Punitive damages.
Section 10-7-8. - Cause surviving death of person liable.
Section 10-7-9. - Criminal proceedings not prerequisite.
Section 10-7-10. - Damages not to estate or asset of estate.
Section 10-7-11. - Applicability to pending actions.
Section 10-7-12. - Applicability to actions commenced after passage.