What is the Wrongful Death Law in Rhode Island?
The Wrongful Death Law in Rhode Island, in brief, entitles an eligible person (usually a spouse, child, or parent) to pursue and recover damages on behalf of a person whose death was caused by the wrongful act, neglect or default of another. Wrongful death cases are often brought on behalf of the spouse or children of the deceased.
Who is eligible to bring a Wrongful Death Action in Rhode Island?
Action on a wrongful death case must be brought by and in the name of the executor or administrator of the deceased person. Amounts recovered are to be divided up between the spouse and children. If there is no spouse, full proceeds go to the children. If there are no children, full proceeds go to the spouse. If there are neither spouse nor children, proceeds go to the next of kin.
Without an executor or administrator, or if said executor or administrator do not file an action within 6 months of the death, then a claim can be filed on behalf of all the deceased’s beneficiaries.
What is the Statute of Limitations for a Wrongful Death case in Rhode Island?
Action must be taken within 3 years after the death of the person. If the death was caused by a wrongful act, neglect or default which is not known at the time of death, action must be taken within 3 years of the time that the wrongful act, neglect, or default is discovered, or should have been reasonably discovered.
What kind of accidents are most often involved in Wrongful Death suits?
Wrongful death claims are commonly brought by families of those deceased in car accidents, truck accidents, pedestrian accidents, motorcycle accidents, bicycle accidents, or those fatally injured in a work accident.
What type of compensation is recovered in a wrongful death case?
A wrongful death lawyer in Rhode Island can help you better determine this. Recovery is determined by numerous factors including the gross amount of the deceased’s proposed income based on their life expectancy. If the deceased was a homemaker, compensation may be based on the cost of replacing the services the homemaker provided. Sometimes expert testimony is used to determine the amount of these services and how much they are worth.
Proposed expenses that the deceased would have incurred for themselves is then deducted from this amount. The remainder is adjusted to include projected cost of living, future purchasing power of money, and inflation.
Other factors considered in recovery of compensation may include:
- Hospital, medical, and other expenses incurred.
- Pain and suffering.
- Punitive damages.
How do I file a wrongful death claim after the loss of a spouse, child, or parent in Rhode Island?
No amount of compensation can replace or substitute for the loss of a loved one. We at Tapalian Law fully understand that. During and after your loss you may be left with expenses that need to be covered. You need a wrongful death attorney in Rhode Island to help you determine how much compensation you may eligible for to take care of these expenses and for your pain and suffering. If you have lost a loved one in a fatal accident, whether it be a vehicle accident or on the job accident, you may be entitled to compensation to help you on the road to recovery from your loss. Attorney Dave Tapalian understands these cases, and will guide you step by step along the way. Don’t suffer in silence, contact Dave Tapalian online or by phone at 401-552-5000 for a free confidential consultation in the wrongful death case of your loved one.