A Providence Wrongful Death Attorney Discusses Wrongful Death

It is devastating to a family when a loved one dies as the result of the negligence of another. Although no amount of money will ever be able to compensate for the loss, a Providence wrongful death attorney can explain the legal remedies that are available.

Rhode Island Law

Under Rhode Island law, a wrongful death is on that is caused by the "wrongful act, neglect or default of another." As a Providence wrongful death lawyer explains, the party who causes a wrongful death can be either a person or corporation, and the claim itself must be one that the victim could have brought themselves had they survived.

Filing the Wrongful Death Lawsuit

The administrator or executive of the decedent will be the party that files the suit, but as a Providence wrongful death attorney explains, it is for the benefit of the surviving family members. Rhode Island law has established a specific order of preference in distributing the proceeds of the lawsuit.

Order of Preference

By statute, a Providence wrongful death attorney indicates the order of preference is:

  • If a surviving spouse and child(ren), then one half to each
  • If a surviving spouse and no child(ren), than all to the spouse
  • If no surviving spouse or child(ren), then all damages go to the heirs at law, which a Providence wrongful death lawyer explains can be parents, grandparents, siblings or others.

Damages

Depending on the circumstances, among the damages a Providence wrongful death attorney may collect on behalf of the estate of the decedent and surviving family are:

  • Funeral and other final expenses
  • Final medical expenses due to the incident that caused the decedent's death
  • Lost wages and benefits, including future earning potential
  • Loss of care and companionship for the surviving family members
  • Pain and suffering
  • Punitive damages, if applicable

Contact a Providence Wrongful Death Lawyer for Legal Advice

A wrongful death lawsuit must be filed within three years of the date of death under most circumstances. Don't wait. Call Robinson & Clapham, a Providence wrongful death attorney group, at (401) 400-3841 or (401) 594-4365 today.