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H 8054Civil Procedure

Courts and Civil Procedure - Procedure Generally - Evidence

This bill establishes a standardized statutory table for calculating life expectancy in court, prohibiting the use of race or sex.

Held for study
Population
Affected
15
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation updates Rhode Island law regarding how courts determine a person's life expectancy or work-life expectancy in legal cases, such as personal injury lawsuits. It replaces the requirement to use federal government tables with a specific, standardized table directly included in the state law. Significantly, the bill explicitly prohibits the use of race, ethnicity, or sex when calculating these expectancies. This ensures that damages and legal judgments are calculated using a uniform standard for all individuals, rather than varying based on demographic statistics. It also outlines the procedures for introducing this table as evidence.

For younger readers

Sometimes in court, a judge or jury needs to guess how long a person will live or work to figure out how much money they should get for an injury. Before, they used different charts that might give different numbers depending on if the person was a boy or a girl, or what their background was. This new law creates one simple list for everyone to use. It says that the math must be the same for everybody, no matter their gender or what they look like.

Who & Where It Applies

Impacted groups
Civil Litigants (Plaintiffs and Defendants)AttorneysInsurance CompaniesJudgesActuaries
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes racial and gender equity in the legal system by explicitly prohibiting the use of race, ethnicity, or sex when calculating life or work-life expectancy, ensuring fair compensation regardless of demographics.
  • Prevents the perpetuation of systemic economic disparities by replacing outdated federal tables that often undervalue the potential future earnings of women and people of color.
  • Standardizes the evidence process for injury victims, making it easier for disadvantaged individuals to prove their future losses without needing expensive expert witnesses to interpret complex actuarial data.
  • Utilizes a static statutory table that may not reflect the most current public health data or improvements in life expectancy as quickly as frequently updated federal agency reports.
  • Could potentially disadvantage individuals who, based on specific medical or socioeconomic factors, might statistically outlive the averages provided in the generalized table.
  • Removes the nuance of individual circumstances in work-life expectancy, potentially glossing over the specific economic realities faced by workers in physically demanding trades versus sedentary professions.
For Conservatives
  • Enforces a colorblind and gender-neutral legal standard, ensuring that the law treats every individual equally without regard to identity politics or demographic classifications.
  • Simplifies litigation and reduces court costs by establishing a clear, statutory table for evidence, minimizing the need for battling expert witnesses and complex federal data interpretations.
  • Provides predictability for defendants and insurers in civil suits by setting a fixed standard for calculating future damages, rather than relying on fluctuating federal statistics.
  • Disregards actuarial reality and statistical facts regarding life expectancy differences between sexes, potentially forcing defendants and insurers to pay damages based on inaccurate data.
  • Limits the ability of defense attorneys to introduce specific, scientifically accurate evidence regarding a plaintiff's likely work-life tenure, interfering with the pursuit of factual truth in court.
  • Could lead to higher insurance premiums for businesses and individuals if the statutory table artificially inflates payout expectations beyond what real-world data supports.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 180 additions · 5 deletions

SECTION 1. Section 9-19-38 of the General Laws in Chapter 9-19 entitled "Evidence" is hereby amended to read as follows: 9-19-38. Proof of life or work life expectancy.

(a) In any proceeding commenced in any court, commission, or agency, when the life or work life expectancy of a person shall be at issue or when it is necessary to establish the expectancy of continued life or work life expectancy of any person from any period of the person’s life, whether he or she is living at the time or not, the most recent issue of “The United States Abridged Life Tables” (United States Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics) or Tables of Work Life Expectancies as published in “Work Life Estimates: Effects of Race and Education” (United States department of labor, bureau of labor statistics) the table hereto appended shall be received in all courts and by all persons having power to determine litigation as evidence of such expectancy represented by the figures in the columns headed by the words “completed age” and “expectation,” respectively, shall be admissible in evidence as competent evidence of such matter. The admissibility of evidence provided for in this section shall not be deemed to render inadmissible evidence as to the health, constitution, habits, or occupation of the person or any other evidence otherwise admissible under the laws of this state. Determinations of life or work expectancy shall not be based on race, ethnicity or sex. Completed Age Expectation 0 75.8 1 75.4 2 74.5 3 73.5 4 72.5 5 71.6 6 70.6 7 69.6 8 68.6 9 67.6 10 66.6 11 65.6 12 64.6 13 63.7 14 62.7 15 61.7 16 60.7 17 59.8 18 58.8 19 57.9 20 56.9 21 56.0 22 55.1 23 54.1 24 53.2 25 52.2 26 51.3 27 50.4 28 49.4 29 48.5 30 47.5 31 46.6 32 45.7 33 44.7 34 43.8 35 42.9 36 42.0 37 41.0 38 40.1 39 39.2 40 38.3 41 37.4 42 36.5 43 35.6 44 34.7 45 33.8 46 32.9 47 32.0 48 31.1 49 30.2 50 29.3 51 28.5 52 27.6 53 26.8 54 25.9 55 25.1 56 24.3 57 23.5 58 22.7 59 21.9 60 21.1 61 20.4 62 19.7 63 18.9 64 18.2 65 17.5 66 16.8 67 16.1 68 15.5 69 14.8 70 14.2 71 13.5 72 12.9 73 12.3 74 11.7 75 11.2 76 10.6 77 10.0 78 9.5 79 9.0 80 8.5 81 8.0 82 7.5 83 7.1 84 6.6 85 and over 6.6

(b) The life and work life expectancy tables may be evidenced by an official publication of the tables or by a copy of the tables as published in a compiler’s note under this section in the general laws of Rhode Island. The tables as published in the general laws of Rhode Island shall be sufficient proof of life and work life expectancy without further foundation or authentication; provided, however, that written notice of the intention to offer the life or work life expectancy tables as evidence, together with a copy of the tables, has been given to the opposing party or parties, or to his or her or their attorneys, by mailing it by certified mail, return receipt requested, not less than ten (10) days before the introduction of the tables into evidence, and that an affidavit of the notice and the return receipt are filed with the clerk of the court immediately after the receipt has been returned.

SECTION 2. This act shall take effect upon passage.