When an individual loses their life by the misconduct, negligence or intentional actions of another, the surviving family members have the legal right to file a lawsuit for the “wrongful death” The victim’s loved ones should retain a top RI wrongful death lawyer. Because of the fatal injury, the victim’s family can file a claim or lawsuit against all parties at fault for the death as a measure of accountability and a way to seek financial compensation for all damages and losses sustained by the wrongful death.
The Spouse or Family member is not entitled to file a wrongful death claim on their own in Providence Superior Court. In fact, only the duly appointed executor or administrator of the deceased who died in the fatal wreck may file a wrongful death cause of action utilizing a RI wrongful death lawyer. The executor must retain a top wrongful death lawyer in RI to litigate the deadly crash and seek compensation for the statutory determined beneficiaries.
How are wrongful death damages apportioned under RI law?
RI law states ““…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
The surviving family members of a wrongful death victim often face horrific financial burden by the untimely death. By filing a suit Providence or Newport Superior Court, the family can receive economic damages AND non-economic damages as a result of the fatal collision or fall.
The most common causes in cases handled by Rhode Island wrongful death lawyers involve:
Motor Vehicle Accident in RI | Rhode Island wrongful death lawyer
Every motorist has a legal responsibility to drive in a safe and conscientious manner to protect themselves and all others sharing the road. Unfortunately, more than 30,000 individuals die every year in motor vehicle accidents or car accidents where some type of negligence or reckless action caused injuries and death.
Often the automobile (auto) driver disobeyed traffic laws, failed to account for hazardous road conditions, drove recklessly in congested traffic or neglected obvious hazards/dangers that required an adjustment in their driving behavior.
Most deadly motor vehicle accidents and car accidents are usually trucking collisions involving Semi Trucks, Tractor Trailers, Big Rigs and 18 wheelers. If your loved one was killed in a Tractor trailer crash in Rhode Island then you need to contact a RI truck accident lawyer who is also a Rhode Island wrongful death attorney. A RI wrongful death attorney will have experience litigating fatal trucking mishaps.
Motorcycle accidents are also some of the most often deadly types of vehicular accidents in Rhode Island and Providence Plantations. If a spouse, child or family member is killed in a RI motorcycle accident by a car or other motor vehicle then you need to retain a Rhode Island motorcycle accident lawyer. A garden variety rear end car accident in RI can become fatal if a car or suv rear ends a motorcycle.
Mistakes, errors and failure to act professionally are the causes of many medical malpractice cases where the patient dies unexpectedly. Health care professionals and medical doctors are legally bound to provide treatment and optimal care by following acceptable standards of practice. Unfortunately, medical malpractice in Rhode Island happens when a medical professional is negligent in delivering appropriate medical care to individuals who consequently lose their lives.
Family members of the deceased patient can file a wrongful death claim against the facility and all medical professionals involved in the case including doctors, nurses, surgeons, psychologists, anesthesiologists and other health care providers who are legally responsible to provide care.
Nursing Home Neglect and abuse
Elderly, disabled and seriously ill individuals are among the most vulnerable in our society. When nursing staff and nursing facilities act negligently or abusively, the victim can easily succumb to their injuries. Nursing home neglect and abuse are common problems at facilities nationwide.
Sadly, many cases of nursing home neglect go unnoticed, undetected and unreported until it is too late. This is often because the victim feels too scared to tell others that their caregiver is being abusive or neglectful of their health and hygiene requirements. Neglect in a nursing facility often leads to bedsores (pressure sores; pressure ulcers; decubitus ulcers) that when left untreated can cause life-threatening open wounds and infections of the bone (osteomyelitis) or sepsis (blood poisoning).
Workplace Accident Death | RI wrongful death lawyer
Safety standards are set forth by OSHA (Occupational Safety and Health Administration) that must be followed by employers to ensure the safety of every employee. Even so, workplace accidents are one of the leading causes of wrongful death cases in the United States.
While a workplace accident can occur anywhere, the most common locations are construction sites, logging sites and mines. However, truck drivers, metalworkers, electricians and those working in the fishing industry are also considered to be in a high-risk occupation that has a greater potential of a work-related death than most jobs.
Sadly many wrongful death claims in Providence involve construction site accidents. In the event of a construction accident in Rhode Island then you should retain a RI construction accident lawyer. Not every Rhode Island personal injury attorney has expertise going to the mat, so to speak, with insurance adjusters in Rhode Island construction accident death causes of action.
Product Liability fatalities
The manufacturer, distributor or retailer of all products are legally accountable for items sold to the public. Unfortunately, faulty product designs and defective manufacturing processes lead to the death of many consumers. Sometimes, the manufacturer and retailer know that the product is dangerous but fail to provide adequate warning of any potential risk of injury or death directly associated with its use. Any failure to properly advise or warn the consumer can be the basis of a wrongful death lawsuit seeking financial compensation.
If you have lost a loved one through a wrongful death, you likely have a legal opportunity to file a suit or claim for compensation. Skilled Rhode Island wrongful death attorneys or a Rhode Island wrongful death lawyer accept these types of cases on contingency and provide a free, initial consultation to determine the value of your case. A Rhode Island wrongful death lawyer will help the family of the deceased get the compensation they deserve and to seek justice on behalf of the innocent victim.
“Total fatalities in crashes with young drivers has decreased steadily over the 10-year period from 2005 to 2014, resulting in a 48-percent decrease in fatalities during that time, as seen in Table 1. Fatalities among young drivers, the passengers of young drivers, and occupants of other vehicles all declined by approximately half (51%, 54%, and 44%, respectively). However, nonoccupant fatalties in young driver-related crashes decreased by only 28 percent during the same 10-year period.” NHTSA National Highway Traffic Safety Administration, Traffic Safety Facts 2014 Data 1200 New Jersey Avenue SE. Washington, DC 20590 May 2016 DOT HS 812 278 https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812278
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 other attorneys for principle responsibility.