Providence Wrongful Death Lawyer
The death of a loved one is one of life’s most painful experiences, but when it is the result of someone else’s carelessness, the grief is compounded. In addition to the emotional distress, many families face the threat of financial disaster when their loved ones are taken from them too soon.
- Updated date:
- September 3, 2024
In such difficult times, the guidance and expertise of a wrongful death lawyer are invaluable. A wrongful death lawyer is experienced in representing the families of those who have tragically lost their lives due to the wrongful actions of others. In Providence, these legal professionals play a crucial role in seeking justice and ensuring that families receive the compensation they deserve.
Wrongful death claims arise when the negligent, reckless, or intentional actions of another party cause an individual’s death. This could involve various situations such as medical malpractice, car accidents, workplace incidents, or defective products. The goal of a wrongful death claim is to provide financial support and a sense of justice to the survivors, often covering aspects like medical bills, funeral expenses, lost wages, and the emotional impact of the loss.
The law firm of Marasco & Nesselbush, LLP understands the overwhelming burden families carry while burying their loved ones and planning for the future. While we know that financial compensation cannot replace a beloved family member, it can alleviate financial stress and provide security.
$6,200,000 Awarded
to a client who sustained serious injuries in a rollover crash caused by a distracted driver.
$4,500,000 Awarded
for a client who sustained a traumatic brain injury in a car crash
$5,100,000 Awarded
for the estate of a woman who passed as a result of surgical negligence.
What Constitutes Wrongful Death?​
Wrongful death occurs when death ensues as a result of neglect, default, or any wrongful act. Wrongful death cases may be brought subsequent to criminal actions, but criminal proceedings are not a prerequisite for filing a wrongful death lawsuit.
Different Types and Causes Of Wrongful Death Cases​
Wrongful death is most commonly the result of negligence, which occurs when a party fails to exercise a reasonable level of care given the circumstances. Below are a few of the most common causes of wrongful death in Providence:
AUTOMOBILE ACCIDENTS
Motor vehicle accidents are tragically among the most common causes of wrongful death. In 2018, 46 people died in car accidents in Providence County, with 69 traffic-related deaths statewide. These accidents are almost always preventable. Drunk driving and speeding are the most common factors in traffic fatalities.
SLIPS AND FALLS
Falls are the second most common cause of accidental injury in Rhode Island, with 67 percent resulting from snow and ice. Older adults are especially susceptible to falling on snow and ice, and are more prone to fatalities from falls. Nationwide, 32,000 elderly adults die from falls every year. Property owners are responsible for maintaining safe premises and taking measures to prevent falls.
MEDICAL MALPRACTICE
Medical malpractice causes approximately 251,000 deaths annually. It occurs when a medical professional makes mistakes through negligence or a failure to exercise a reasonable standard of care.
Common Types of Medical Malpractice
- Incorrect or delayed diagnosis
- Delayed treatment
- Medication errors
- Surgery and anesthesia errors
- Nursing home abuse and neglect
- Birth injuries
WORKPLACE ACCIDENTS
Workplace accidents can happen in any occupation, but construction jobs are the most dangerous. As many as one in 10 construction workers is injured every year, and 5,000 are killed.
The most common causes of fatalities include:
- Falls
- Being struck by objects or equipment
- Electrocution
- Being caught between objects
- Being crushed by structures
PRODUCT LIABILITY
Defective or dangerous products can lead to tragic consequences. Product liability wrongful death cases involve fatalities caused by defective design, manufacturing errors, or inadequate warnings and instructions. Our legal team is adept at navigating the intricate details of product liability law and has successfully represented clients in cases involving a wide range of products, from automobiles and medical devices to household goods and pharmaceuticals.
Steps to Take After a Wrongful Death
The death of a loved one is an incredibly difficult and emotional experience, especially when it is caused by someone else’s negligence or misconduct. Knowing the appropriate steps to take in the aftermath of a wrongful death can help you navigate this challenging time and ensure that justice is served. Below is a step-by-step guide to help you through this process.
Ensure Safety and Care for Others
In the event of a traumatic incident, your priority should be to ensure the safety and well-being of any other individuals involved. This might include providing first aid, calling emergency services, or moving away from a dangerous area.
Contact Authorities
Immediately report the incident to the appropriate authorities. This typically involves calling 911 to notify police and emergency medical services. The authorities will create an official report and begin their investigation, which will be critical for your case.
Gather Evidence
Collecting evidence early on is crucial. If possible, take photos or videos of the scene, gather contact information from any witnesses, and preserve any physical evidence. This documentation can provide valuable support for your wrongful death claim.
Seek Medical Attention
Even if your loved one has passed, ensure that any other injured parties receive immediate medical attention. This not only addresses their health needs but also provides medical records that can be important for your case.
Consult with a Wrongful Death Lawyer
As soon as you can, reach out to an experienced wrongful death lawyer. Legal experts, such as those at Marasco & Nesselbush, can provide you with guidance on the next steps, help protect your rights, and start building your case.
Preserve All Relevant Documents
Keep all documents related to the incident, including medical records, police reports, insurance policies, and any correspondence with other parties involved. These documents will be essential for your attorney in assessing your case.
Notify Relevant Parties
Inform the deceased’s employer, insurance companies, and any other relevant entities about their death. This may include starting the process to claim life insurance benefits or notifying financial institutions.
File a Wrongful Death Claim
Your attorney will help you file a wrongful death claim within the statute of limitations, which varies by state. In Rhode Island, the statute of limitations for wrongful death claims is typically three years from the date of death. Filing promptly is crucial to preserving your legal rights.
Prepare for Settlement or Trial
Most wrongful death cases are settled out of court, but some may proceed to trial. Your lawyer will negotiate on your behalf to secure a fair settlement. If a trial is necessary, they will represent you in court to seek the justice and compensation you deserve.
Compensation For Wrongful Death Claims​
Compensation for wrongful death claims can be substantial. According to Rhode Island law, the minimum compensation amount for wrongful death cases is $250,000, with no upper limit. Compensation usually comes from liability insurance companies. The following types of compensation may be available:
- Economic damages
- Pecuniary damages – the net value of the decedent’s potential lifetime earnings or homemaker services
- Medical expenses
- Funeral and burial expenses
- Non-economic damages
- Loss of consortium, society and companionship
- Pain and suffering of the family
- Pain and suffering of the deceased
- Punitive damages
Who Can Bring A Wrongful Death Claim In Providence, Rhode Island?​
Wrongful death claims may be brought by the executor or qualifying administrator, who could be an immediate family member. Proceeds are divided between the surviving spouse and children or, in their absence, the next of kin. Actions for loss of consortium, society, or companionship must be brought separately by the affected family members and are awarded separately.
How Long Do I Have To Bring A Wrongful Death Claim?​
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Why Should You Hire a Wrongful Death Attorney?​
Losing a loved one due to someone else’s negligence or misconduct is an unimaginable tragedy. In such times, seeking justice and securing financial stability can seem overwhelming. Hiring an experienced wrongful death attorney can be a critical step in managing the legal complexities and emotional burdens that accompany these cases. Here’s why enlisting the expertise of a wrongful death attorney is essential:
Expertise and Specialized Knowledge
In-Depth Legal Understanding
Wrongful death laws are intricate and vary by state. An experienced wrongful death attorney possesses comprehensive knowledge of these laws and the legal precedents that may impact your case. They understand the nuances of liability, damages, and the procedural requirements that are crucial for a successful claim.
Experience with Similar Cases
Attorneys who focus on wrongful death cases have substantial experience dealing with similar situations. This experience enables them to anticipate challenges, develop effective strategies, and leverage past case successes to strengthen your claim.
Thorough Investigation
Investigating a wrongful death claim involves gathering and analyzing extensive evidence, which can include medical records, accident reports, witness testimonies, and expert opinions. A seasoned attorney knows how to conduct thorough investigations and often collaborates with specialists to build a compelling case.
Navigating Complex Legal Processes
Handling Legal Procedures and Paperwork
The legal process for wrongful death claims involves numerous procedures, from filing court documents to meeting statutory deadlines. An experienced attorney manages all aspects of the legal process, ensuring that paperwork is correctly completed and filed within required timeframes, avoiding potential delays or dismissals of your case.
Dealing with Insurance Companies
Insurance companies often aim to minimize payouts in wrongful death claims. A wrongful death attorney acts as a buffer, negotiating with insurance companies on your behalf to ensure you receive fair compensation.Â
Insurance companies use legal tactics to minimize compensation, and your family may need access to accurate legal advice, forensic investigators, and medical experts to refute their findings. An experienced personal injury attorney can handle these details and ensure your family is compensated fairly.
Litigation and Court Representation
If a settlement cannot be reached, a wrongful death attorney is prepared to take your case to court. They provide strong representation, presenting evidence and arguments to a judge or jury. Their courtroom experience is invaluable in advocating for justice and the compensation you deserve.
Maximizing Compensation
Comprehensive Valuation of Damages
Determining the full extent of damages in a wrongful death case can be complex. A skilled attorney helps assess both economic and non-economic losses, including medical expenses, lost income, funeral costs, and emotional distress. They work to ensure that all aspects of your loss are accounted for in the compensation claim.
Access to Expert Witnesses
Wrongful death cases often require expert testimony to establish liability and quantify damages. Attorneys have networks of medical, financial, and forensic experts who can provide critical insights and strengthen your case.
Call The Providence Wrongful Death Lawyers At Marasco & Nesselbush For A Free Consultation!
Losing a loved one to negligence or misconduct is a profound tragedy. At Marasco & Nesselbush Personal Injury Lawyers, we have experience in wrongful death cases, providing compassionate and expert legal support to families in Providence. Our experienced team is dedicated to seeking justice and securing the compensation you deserve.
We understand the challenges you’re facing and offer a free, no-obligation consultation to discuss your case. Let us help you navigate this difficult time with the legal expertise and personal care that Marasco & Nesselbush is known for.
Trust in our experience and commitment to fight for your family’s rights. Contact Marasco & Nesselbush now to start your journey towards justice.
We offer an initial free consultation and case evaluation. We charge fees only after we have won your compensation. Schedule your free consultation today to learn how our wrongful death attorneys can help you.
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