J. Scott Kilpatrick

Mr. Kilpatrick’s focus is on civil litigation, emphasizing insurance disputes, serious injuries and wrongful death. These cases include losses caused by construction or other work related accidents, defective products, motor vehicle accidents and criminal conduct. Mr. Kilpatrick also handles business and insurance disputes, including ERISA and non-ERISA life and disability claims. Mr. Kilpatrick is a former criminal prosecutor, who subsequently worked for five years as an insurance litigator, and who now devotes his practice to representing people - victims who require the firm’s skill, experience and determination in order to enforce their rights and secure just compensation.

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Mr. Kilpatrick is a member of the Rhode Island and Massachusetts Bar Associations and sits on the Rhode Island Federal Bench/Bar Committee. He is also a member of the Federal Bar Association, where he serves as the current President of the Rhode Island Chapter. He is a member of the American Association for Justice and the Rhode Island Association for Justice, where he serves on the Board of Governors. Mr. Kilpatrick is also a member of the National Employment Lawyers Association, and has been a featured speaker for the National Business Institute and the Rhode Island Bar Association on issues such as Trial Evidence in Federal and State Courts, Trial Practice and ERISA Insurance Litigation. He is also a contributing author to the last three editions of the American Bar Association’s book ERISA Survey of Federal Circuits. He also serves on the Civil Pro Bono Panel for the United States District Court for the District of Rhode Island.

​Mr. Kilpatrick has been a trial attorney since 1988. He has tried more than 35 trials to a jury, and many more before judges, arbitrators and mediators. He focuses his practice on representing people, and families of people, seriously injured or killed by construction accidents, defective products, negligence of others, criminal acts, premises liability, and auto accidents, as well as those improperly denied insurance coverage or benefits. He also handles and litigates business disputes.

​Assistant Attorney General, Criminal Division, Rhode Island Department of Attorney General, 1988-1992

​Associate, Morrison Mahoney & Miller LLP, 1992-1997

​Chisholm Chisholm & Kilpatrick, 1997-present

Areas of Practice

  • Civil Litigation and Trials
  • ERISA Long Term Disability
  • ERISA Life insurance
  • Private Long Term Disability Insurance
  • Insurance Disputes
  • Construction Accidents
  • Wrongful Death
  • Products Liability
  • Premises Liability
  • Auto Accidents
  • Negligent Security
  • Criminal Negligence
  • Business Disputes
  • Contract Litigation

Representative Cases

  • Slusarski v. Life Ins. Co. of North America, 632 F. Supp. 159 (D.R.I. 2009)
  • Smith v. Jefferson Pilot Financial Inc. Co., 607 F. Spp. 266 (D.Mass. 2009)
  • Smith v. Jefferson Pilot Financial Ins. Co., 245 F.R.D. 45 (D.Mass. 2007)
  • Kuhl v. Town of Westerly, 706 A.2d 1328 (R.I. 1998)
  • Campbell v. Norfolk & Dedham Mut. Fire Ins. Co., 682 A.2d 9339 (R.I. 1996)
  • Burke v. Rhode Island College, 671 A.2d 803 (R.I. 1996)
  • State v. Smith, 602 A.2d 931 (R.I. 1992)
  • State v. Porto, 591 A.2d 791 (R.I. 1991)
  • State v. Turner, 561 A.2d 869 (R.I. 1989)

Oral Arguments

    Gazaille v. McDonald