Have You Lost A Loved One In A Wrongful Death In Rhode Island?
Losing a loved one is already a heartbreaking and emotional scenario for anyone to have to go through. The addition of it being a wrongful death situation makes it that much more difficult to deal with. Filing a wrongful death suit is a way for the surviving family members to receive damages caused by such a horrible situation.
Common Types of Wrongful Death Cases in Rhode Island
The most common wrongful death claim involves medical malpractice. It is estimated that upwards of 90,000 wrongful death claims are attributed to medical malpractice each year. If a doctor or other medical professional fails to uphold their duty of care and your loved one suffers the consequences, you could be entitled to compensation.
Another type of wrongful death claim occurs when someone has been intentionally killed. This civil case would be completely separate from the criminal case and does not depend on a guilty verdict in that case.
Lastly, there is negligence. This is a very broad category, but essentially, if someone dies due to the negligence of others (such as careless driving, a slip and fall in a grocery store, or outdated safety equipment for example) the wrongful death claim would fall into this category.
Who Can File a Wrongful Death Lawsuit in Rhode Island?
In Rhode Island, a wrongful death lawsuit must be brought by the executor or administrator of the deceased person's estate. This rule comes from R.I. Gen. Laws section 10-7-2. The family members who lost their loved one are the ones who receive the compensation, but the estate's legal representative is the one who files the claim.
If no executor or administrator has been appointed, or if that person does not file within six months of the death, the surviving beneficiaries may bring the claim themselves. The court can also appoint an administrator for the sole purpose of pursuing the case.
Once recovery is obtained, Rhode Island law sets how it is shared. It generally goes first to a surviving spouse and children, and if there are none, to the next of kin.
What Damages Can Families Recover in a Rhode Island Wrongful Death Claim?
Rhode Island wrongful death law is defined in R.I. Gen. Laws section 10-7-1 and the sections that follow. Families may be able to recover several categories of loss.
Economic losses. Funeral and burial costs, medical bills from the final injury or illness, and the income and benefits the deceased would reasonably have earned.
Loss of companionship and guidance. The value of the care, comfort, society, and guidance the family has lost.
Pain and suffering. In a related survival action, the estate may recover for the conscious pain and suffering the deceased experienced before death.
Punitive damages. When the conduct was egregious, such as drunk or intentional acts, Rhode Island allows punitive damages under R.I. Gen. Laws section 10-7-7.1.
Rhode Island law also guarantees a statutory minimum recovery in a successful wrongful death claim, set out in section 10-7-2.
Is There a Cap on Wrongful Death Damages in Rhode Island?
Rhode Island does not cap most wrongful death damages. There is no fixed legal ceiling on what a jury can award for lost income, loss of companionship, or a family's suffering.
What a claim is actually worth depends on the facts: the age, health, and earning capacity of the person who died, whether they supported dependents, and the severity of the wrongdoing. Because there is no formula, two cases that look similar can resolve very differently.
FAQs
What is a wrongful death lawyer?
A wrongful death lawyer is an attorney who assists families with lawsuits after they have lost a loved one due to the negligence or actions of another party.
What qualifies as a wrongful death lawsuit?
There are a few main scenarios that would qualify as wrongful death. The first would be if someone was intentionally killed, the family can file a civil claim which would be separate from the criminal case. Another common wrongful death situation is medical malpractice, where a medical professional causes death to occur. The last is negligence (such as faulty safety procedures, or a car accident).
What is the statute of limitations on a wrongful death suit?
As with most types of cases, there is a statute of limitations for wrongful death claims. In Rhode Island, you have three years after the wrongful death occurred. This is why you should call an experienced Wrongful Death Attorney as soon as possible so that you don’t run the risk of running out of time.
Finding The Best Providence Wrongful Death Attorney
AWARD WINNING INJURY LAWYER
Louis W. Grande is a top-rated, award-winning Providence personal injury lawyer that has helped clients throughout the state of Rhode Island for the last 30+ years recover millions in compensation for personal injury claims. Have you been injured? Call today for a free case evaluation.
Louis is an amazing attorney! He fights hard to get you what you deserve and he doesn’t give in. You couldn’t ask for a better lawyer to represent your interests and I can’t recommend him enough!
– Steve H.
TOP-RATED PROVIDENCE WRONGFUL DEATH ATTORNEY
Louis W. Grande is committed to providing quality legal representation and, above all, personal attention to our clients’ individual needs. Conveniently located within minutes of downtown Providence on historic Smith Street, there is never a charge for an initial consultation. With evening and weekend appointments available, when your personal problems call for an experienced Rhode Island Wrongful Death Attorney, our firm is ready to assist you.
- No fee or cost unless we win your case.
- Receive the maximum compensation for your injuries.
- Personalized and professional service.
Before talking with insurance companies, be sure to call our office. We are here to serve you 24 hours a day, 7 days a week. We aggressively defend the rights of injured people who have lost loved ones in a wrongful death case in Rhode Island. We will keep you updated on the status of your claim at all times while explaining the process and what you can expect following a wrongful death. We are fully committed to getting the most money we can for you.
The time following a wrongful death is heartbreaking and stressful, and we are here to offer you our legal support by fighting aggressively to defend your rights. No matter your legal situation, if you have lost a loved one due to someone’s negligence, you could be compensated for your loss.
Our goal is to get you the compensation you and your family deserve to relieve the financial impact following a wrongful death. Contact me now for help.
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