The unexpected loss of a loved one is a devastating experience where the grieving process lasts for many years. Because of the overwhelming despair, many families never consider taking legal action to hold the individual or company responsible for the death legally accountable for their negligence, recklessness or intentional act. In most incidences, the unexpected death will place a huge financial burden on the surviving spouse who is left behind to support the family and provide emotional support to others, all while grieving.
While no amount of compensation can return the loved one, the grieving family should never have to pay for funeral expenses, hospital bills or the loss of financial support caused by a wrongful death. A Rhode Island wrongful death attorney can assist families who need to seek justice and obtain financial compensation for their damages. A reputable RI personal injury attorney or Rhode island wrongful wrongful death lawyer can help determine whether survivors have a case and do all the legwork such as:
• File a claim
• Gather evidence
• Reconstruct the accident or incident
• Speak to eyewitnesses
• Negotiate an out-of-court settlement
• Build a case for trial when necessary
• Present evidence in front of a judge and jury
Under Rhode Island law any funds received as a result of the fatal RI car accident claim are to be split as follows: “…one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate…” http://www.lawserver.com/law/state/rhode-island/ri-laws/rhode_island_general_laws_10-7-2 http://www.ripersonalinjurylaw.com/key-provisions-ri-wrongful-death-law/
Defining Wrongful Death in Rhode Island
Wrongful death is a legal term used in civil court that refers to any death caused by another person or entity through a negligent, intentional or reckless act. Common types of wrongful death cases involve medical malpractice, vehicle accidents, defective pharmaceuticals (bad drugs), community pool drowning, nursing home abuse and premises liability accidents along with serious intentional actions including physical assault that leads to death.
State and federal tort laws provide surviving family members the opportunity to file a claim or lawsuit against all parties responsible for the death of a loved one. In Rhode Island, only the executor or administrator of an estate can file a wrongful death lawsuit on behalf of the statutory beneficiaries. Wrongful death lawsuits and claims for compensation hold others responsible for their negligence, recklessness or intentional actions causing the fatal car, truck or motorcycle accident.
Proving a Case for Wrongful Death in Providence Superior Court
To be successful in a Rhode Island wrongful death car or motor vehicle cause of action, it is the responsibility of the estate’s Providence personal injury attorneys or Rhode Island Island Wrongful Death Attorney, to prove four specific elements in the case by showing:
1. The wrongful death case was filed because a person died;
2. The death was caused by the negligence, recklessness or intentional actions of another;
3. The tortfeasor owed a duty of due care to the person killed in the RI automobile wreck or RI car crash
What are the most common types of accidents leading to fatalities in Rhode Island
The following types of collisions or mishaps are often deadly / fatal : motorcycle accidents, bicycle accidents, truck and tractor trailer collisions, construction accidents and car accidents in RI.
Wrongful Death Damages in Rhode Island and Providence Plantations
The wrongful death attorney in Rhode Island will build a case on a financial or pecuniary injury to the surviving family members of the decedent killed by the actions of others. In a civil court action, a pecuniary injury can involve a loss of support, loss of inheritance, loss of services, funeral and medical expenses and others. In most cases, the law awards damages for a wrongful death at a compensation level that is fair and just in equal proportion to the value lost by the decedent’s death.
In most cases, the amount sought in a claim will cover medical bills, funeral expenses, recompense for grief and the total value of lost financial support along with attorney fees, court fees, and all other expenses directly associated with the case.
Under RI law the statutory beneficiaries may be entitled to: prospective income / earnings, value of homemaker’s services, punitive damages, hospital and medical expenses prior to death and Pain and suffering prior to death. http://ricaraccidentlawyers.com/wrongful-death-accident-law-fatal-accident-ri/
Hiring a Providence Car Accident Attorney or Rhode island wrongful death attorney
Hiring a Rhode Island wrongful death lawyer is a sure way that surviving family members can obtain a successful resolution to their claim for compensation. A reputable East providence personal injury attorney will use successful theories of law to build a strong case for compensation. Most of these types of cases are handled through a contingency fee agreement. This means all of the attorney fees are paid only after the law firm negotiates an acceptable out of court settlement or wins a jury award in a lawsuit trial.
Selecting an experienced, strong Rhode Island wrongful death attorney to represent the estate of a loved one allows the family to remain focused on mourning the unexpected death of a loved one. The RI fatal motorcycle accident lawyer or Rhode island truck accident attorney can ensure all the families rights are protected while they seek justice to hold all parties at fault for the death legally and financially accountable for their actions.
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to another attorney for principle responsibility.
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