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.
Rhode Island Wrongful Death Lawyer
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
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. A Rhode Island wrongful death attorney will help the victim’s spouse, family and children get the justice they deserve and the compensation they need!
Rhode Island wrongful death attorney
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 other attorneys for principle responsibility.