§ 10-7-3. Action by beneficiaries.
If there is no executor or administrator, or if, there being one, no action is brought in his or her name within six (6) months after the death, one action may be brought in the names of all the beneficiaries, either by all, or by part stating that they sue for the benefit of all, and stating their respective relations to the deceased; provided, that if all do not bring suit, only those bringing it shall be responsible for costs; but judgment shall be for the benefit of all and shall be entered as several judgments for each in his or her proportion, and executions thereon shall issue in favor of each respectively; provided, further, that if action is brought by the beneficiaries, no action shall thereafter be brought by the executor or administrator. There shall be but one bill of costs in favor of the plaintiffs, which shall enure equally for the benefit of those bringing the suit, and of them only.
History of Section.C.P.A. 1905, § 234; G.L. 1909, ch. 283, § 14; G.L. 1923, ch. 333, § 14; P.L. 1932, ch. 1912, § 1; G.L. 1938, ch. 477, § 1; P.L. 1949, ch. 2332, § 1; G.L. 1956, § 10-7-3.
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.