When you lose a loved one due to someone else’s negligence, it can be an overwhelming experience. While many emotions come into play, it is also important to realize that Rhode Island law provides a framework to hold responsible parties accountable and ease the financial burden on your family.
At Inman & Tourgee, we can serve as your personal injury lawyer in Rhode Island, navigating these stressful times for you and your family.
What Qualifies as a Wrongful Death Case
Under Rhode Island General Laws § 10-7-1, a wrongful death is defined as a loss of life caused by the “wrongful act, neglect, or default” of another party. Essentially, if your loved one had been entitled to file a personal injury lawsuit had they survived the incident, their death qualifies as a wrongful death case.
Common scenarios that fall under the umbrella of a wrongful death case include:
- Motor Vehicle Accidents: Fatal crashes involving distracted driving, speeding, commercial trucks, or driving under the influence (DUI)
- Medical Malpractice: Fatal errors made by physicians, nurses, or hospital staff, such as surgical mistakes, misdiagnoses, or medication errors
- Workplace Incidents: Fatal injuries occurring on construction sites or industrial facilities due to unsafe conditions or faulty third-party equipment
- Defective Products: Malfunctioning consumer goods, toxic exposure, or dangerous prescription drugs can all lead to wrongful death suits.
- Premises Liability: Fatal slips, falls, or security failures on someone else’s property are included in premises liability cases.
Who Can File a Wrongful Death Claim in RI?
Rhode Island law clearly states who can file a wrongful death claim and when the timeline they should follow.
First Six Months
The executor or administrator of the deceased person’s estate has the first right to file. This person files the lawsuit on behalf of the estate. Any compensation recovered goes directly to the statutory beneficiaries, not to pay off estate debts.
After Six Months
If the executor does not file a lawsuit within six months of the death, the statutory beneficiaries can file the claim directly on behalf of all the heirs.
If damages are recovered, Rhode Island dictates a specific distribution order:
- If there is a surviving spouse and children, the compensation is typically split evenly between the spouse and the children.
- If there is only a spouse or only children, that party receives the full amount.
- If the deceased had no spouse or children, the compensation goes to the parents or the next of kin.
Statute of Limitations: In Rhode Island, you generally have three years from the date of the person’s death to file a wrongful death lawsuit. Missing this deadline permanently bars your family from seeking recovery.
Damages Available to Families
Families impacted by a wrongful death may be able to receive several types of damages, both economic and non-economic.
Economic Damages
- Medical Bills: This includes the cost of any hospital care, surgeries, or emergency treatment the deceased received for their final injury before passing away.
- Funeral and Burial Costs: These are expenses related to the final arrangements.
- Lost Wages and Earning Capacity: The estimated financial support, future income, and employment benefits the deceased would have provided over their remaining life expectancy.
Non-Economic Damages
- Pain and Suffering: Pain and suffering include the physical and mental suffering the deceased experienced before their death.
- Loss of Consortium and Companionship: Damages for the loss of care, parental guidance, and companionship that the surviving spouse, children, or parents experienced.
Rhode Island has a unique legal protection for families. If a defendant is found liable for a wrongful death, state law mandates a minimum recovery baseline of $350,000. Total compensation packages are often much higher, depending on the economic factors of the case.
Speaking With a Wrongful Death Lawyer
Navigating insurance companies, probate courts, and civil litigation while grieving can be overwhelming. But when you work with the experienced team at Inman & Tourgee, we ensure your rights are protected from the start. As a fatal accident lawyer in Rhode Island, we can handle the following tasks for you:
- Investigating the Incident: Gathering police reports, medical records, surveillance footage, and eyewitness statements to build a clear case of negligence.
- Calculating Full Damages: Working with financial analysts and economic experts to accurately project lifetime lost earnings and household contributions.
- Handling Negotiations: Protecting you from lowball settlement offers from insurance companies that want to resolve the claim quickly and cheaply, and not in your best interest
- Litigating in Court: If the defense refuses to offer a fair settlement, your lawyer will present your case in court.
By handling all of these issues, you can focus on the grieving process. You can rely on our team to always communicate with you and keep your best interests in mind.
FAQ
What should I bring to my initial consultation?
To help an attorney evaluate your case, bring any documentation you have related to the incident and your loved one. This includes:
- The official accident or police report
- Medical records and bills
- The death certificate
- Any correspondence or settlement offers from insurance companies
- Photos or videos of the accident scene, injuries, or property damage
What is the difference between a wrongful death claim and criminal charges?
They are completely separate cases. The government brings a criminal case to punish someone for breaking the law. Penalties can include jail time, probation, or fines paid to the state.
The family or estate brings a civil wrongful death claim to seek financial restitution for the losses caused by the death. The standard of proof is lower than in a criminal case. This can result in financial compensation for the beneficiaries. A civil case can succeed even if the person is acquitted in criminal court.
How long does a wrongful death lawsuit take to resolve?
There is no set timeline. Many cases can take anywhere from one to three years.
Contact Our Team Today
At Inman & Tourgee, our team gets the results that Rhode Island families deserve. We work tirelessly on your behalf. Contact us today at 401-823-9200 or reach out to us online to schedule a consultation.