Wrongful Death

A wrongful death is one caused by another’s negligence, malpractice, recklessness, or inaction and can leave behind a devastated family, wondering how they will go on after the unexpected loss of a loved one. Wrongful death can be the result of a car accident, truck accident, motorcycle accident, a work-related injury, or caused by a physician’s neglect or misconduct. When a family member dies as a result of another’s behavior, such as medical neglect or a drunk driving accident, a Rhode Island Wrongful Death Attorney may be able to file a wrongful death lawsuit on behalf of the deceased person’s eligible dependents. The Providence personal injury firm of Tapalian Law helps families who have suffered the tragic loss of a loved one, seek compensation after an accidental death. Our experienced Rhode Island wrongful death attorneys provide a free consultation and will inform you of your legal rights and eligibility to file a wrongful death lawsuit after a medical mistake or accident has taken the life of a loved one.

After a devastating loss, a Rhode Island wrongful death lawyer can help eligible family members recover compensation for damages resulting from an accidental death. Immediate family members or dependents are routinely eligible to file a wrongful death claim including parents, adult children, and spouses. Compensation for damages may include:

• Medical bills
• Funeral bills
• Lost wages, including future earnings
• Lost benefits
• Pain & suffering
• Mental anguish
• Loss of support or companionship
• General damages
• Punitive damages

In some cases, a minor will need an adult guardian to file on their behalf. In addition, there are special circumstances that allow other family members and heirs to file a wrongful death lawsuit. Wrongful death claims are complex and the guidance of an experienced wrongful death attorney serving the Rhode Island community is crucial to ensure proper legal action is taken in a timely manner.

Rhode Island General Laws 10-7 describes wrongful death statutes, how they apply to a claim, and are best expertly interpreted by an attorney skilled in wrongful death lawsuits in Rhode Island. In addition to seeking compensatory damages, or actual damages, punitive damages may also be obtained in a wrongful death case. Punitive damages are a monetary amount that the defendant must pay above and beyond compensatory damages. Punitive damages are designed to “punish” a defendant for a particularly neglectful behavior and normally gross negligence or reckless conduct is required for punitive damages to apply. Punitive damages may be awarded in a Rhode Island wrongful death claim if the defendant was found to have been engaged in some of the following conduct at the time of the incident: texting while driving, driving while intoxicated, road rage driving, willful nursing home neglect, racing while driving, and other forms of criminal conduct.

According to Rhode Island General Laws, a wrongful death claim must be filed within three years of the deceased person’s death. However, if the wrongful act or neglect that caused the death could not be discovered on that date, the claim must be filed within three years from the date from which the wrongful act was, or should have reasonably been, discovered. Wrongful death claims filed beyond the statute of limitations deadline will likely be dismissed, therefore it is important to speak with a qualified wrongful death attorney in Rhode Island as soon as possible if you think you have a potential wrongful death claim.

You may be able to file a lawsuit for wrongful death if you lost a family member as a result of the negligent acts of another in a car accident, motorcycle accident, workplace accident, or due to a medical mistake. Contact skilled Rhode Island Wrongful Death Lawyer David Tapalian to discuss your legal rights to compensation under Rhode Island wrongful death laws. It is imperative to take action promptly in a wrongful death case to protect your legal rights and file a lawsuit prior to the deadline imposed by the state’s statute of limitations. Call Tapalian Law for a free consultation today, at 401-552-5000, or contact us with our online form.