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The untimely loss of a loved one is always devastating, but it’s especially difficult when the death could have been prevented. You may be eligible to recover damages for wrongful death in Rhode Island if you’ve experienced a death in your family caused by another’s negligent actions.
Medical bills, end-of-life care, and funeral expenses financially strain survivors. Some families are even forced to file for bankruptcy or sell their homes when victims’ lost salaries significantly contributed to the household income.
When you or a loved one has been injured due to negligence, you need a Rhode Island wrongful death lawyer with decades of experience who has been recognized for excellence in the field. Marasco & Nesselbush opened in April 1999 as Rhode Island’s trusted personal injury law firm. Since then, we have represented countless individuals from our offices in Providence, Warwick, Wakefield, and Woonsocket.
Our attorneys have one simple goal: to obtain extraordinary results for each and every client. We want to help you get the compensation you deserve. Contact us today for a free consultation.
What Is a Wrongful Death Under Rhode Island Law?
Under Rhode Island General Laws § 10-7-1, a wrongful death occurs when a person’s death is caused by another party’s negligence, recklessness, or intentional misconduct. A civil wrongful death lawsuit allows surviving family members to pursue financial compensation for the losses resulting from the fatal incident.
Unlike a criminal case, which seeks punishment, a wrongful death claim focuses on financial recovery for the surviving spouse, children, or next of kin.
How Does Rhode Island Law Define Wrongful Death?
Rhode Island law defines any unnatural death due to wrongful action or negligence by another individual as a wrongful death.
The executor or administrator of the deceased person’s estate can file a wrongful death action. In the absence of an executor or administrator, either the surviving spouse, surviving children, or surviving next of kin may have the authority to bring the action, depending on the circumstances.
Wrongful death lawsuits are filed in Rhode Island Superior Court and are typically brought by the executor or administrator of the deceased’s estate. If no estate has been opened, the court may appoint a representative to pursue the claim on behalf of eligible beneficiaries.
This ensures compensation is distributed according to Rhode Island law.
Any compensation recovered is distributed as follows:
- Half to the surviving spouse and half divided among the surviving children
- If there are no surviving children, the spouse gets the whole amount
- If there is no surviving spouse, the whole is divided among the children
- If there is neither a surviving spouse nor children, the proceeds go to the next of kin
Marasco & Nesselbush: A History Of Success In Wrongful Death Suits
The Rhode Island personal injury attorneys at Marasco & Nesselbush have an extensive track record handling all types of personal injury cases, making us uniquely qualified for wrongful death suits.
To date, we have recovered more than $100 million on behalf of our clients. Our lawyers have over 300 years of combined experience and thousands of successful case results, including:
- A truck accident settlement exceeding $1 million for the family of a man struck and killed on Route 95 by a tractor-trailer. Marasco & Nesselbush provided support and counsel for his widow and children and helped secure the family’s financial well-being.
- A wrongful death settlement on behalf of a man who lost his life in a horrific accident. Our lawyers continued checking in on his widow and children daily to ensure they were cared for and received the compensation needed to secure their future.
- A $1.5 million verdict in a medical malpractice case over a 19-year-old who died after being erroneously discharged from an emergency room with brain swelling.
Common Causes of Wrongful Death in Rhode IslandWrongful deaths in Rhode Island commonly involve motor vehicles. Car accidents, truck accidents, motorcycle accidents, and pedestrian accidents caused by impaired, distracted, or aggressive drivers can have tragic results. Other causes of wrongful deaths include:
- Medical malpractice
- Nursing home negligence
- Defective products
- Occupational or construction site accidents
- Premises liability
- Workplace accidents
- Bicycle accidents
- Criminal acts
- Drowning
- Boating accidents
- Aircraft accidents
Injured and not sure what your case is worth? Find out for free.
Proving Negligence In A Rhode Island Wrongful Death Claim
In a wrongful death claim, the plaintiff must show that the accident or event in question caused their loved one’s death and that the defendant’s negligence or recklessness led to the accident.
To prevail in a wrongful death action based on negligence, you must prove the following elements:
- The opposing party owed a duty of care.
- The opposing party breached that duty.
- The breach caused the injury.
- An injury occurred that would not have occurred without the breach.
- The death occurred because of that injury.
In some cases, more than one defendant may be named in a wrongful death suit. For example, a truck accident claim could name the driver and the trucking company as defendants. Depending on the specifics, it may also list the business responsible for maintaining the truck in good working order, the truck parts manufacturer, the cargo loader, or the company responsible for any hazardous materials the truck was transporting during the accident.
Your attorney will thoroughly investigate and help you identify all parties who may share liability for your family member’s death.
Rhode Island follows a pure comparative negligence rule. This means compensation may still be recovered even if the deceased was partially at fault. However, the recovery will be reduced by the percentage of fault assigned.
Insurance companies frequently attempt to shift blame in wrongful death cases, which is why experienced wrongful death attorneys are critical to protecting your family’s rights.
Compensation Available in Rhode Island Wrongful Death Lawsuits
Rhode Island law guarantees a minimum recovery of $350,000 in successful wrongful death cases. However, compensation is often significantly higher depending on the circumstances.
Economic Damages
- Medical expenses prior to death
- Funeral and burial costs
- Lost wages
- Loss of future earning capacity
- Loss of employment benefits
Non-Economic Damages
- Loss of companionship
- Loss of parental guidance
- Emotional suffering of surviving family members
- Loss of consortium
In certain cases, punitive damages may also be pursued if the conduct was especially reckless or intentional.
How Our Rhode Island Wrongful Death Lawyers Build Strong Cases
At Marasco & Nesselbush, our wrongful death attorneys conduct a comprehensive investigation that may include:
- Accident reconstruction analysis
- Expert medical review
- Financial projections of lifetime earnings
- Review of OSHA or safety violations
- Examination of insurance coverage limits
We prepare every wrongful death lawsuit as if it will go to trial in Rhode Island Superior Court, which strengthens our negotiating position with insurance companies.
The Timeline of a Rhode Island Wrongful Death Lawsuit
- Appointment of an estate representative
- Investigation and evidence collection
- Filing in Rhode Island Superior Court
- Discovery and expert review
- Negotiation or mediation
- Trial, if necessary
Filing A Wrongful Death Claim In Rhode Island
It’s important to understand the timeline for filing a wrongful death claim in Rhode Island so you don’t miss out on compensation rightfully owed you. The statute of limitations in Rhode Island is generally three years from the date of the person’s death or, if the cause was not apparent at the time of death, three years from when the cause is or should have been discovered.
An attorney specializing in personal injury cases can help you determine how long you have to file suit, so don’t delay seeking legal counsel.
When you hire the team at Marasco & Nesselbush, we go to work for you by handling the necessary paperwork. We also investigate your claim and gather evidence supporting your negligence allegations. This may include:
- Consulting accident reconstruction specialists, safety experts, and medical professionals to review your case
- Gathering medical and autopsy reports
- Interviewing eyewitnesses
- Documenting the impact that your loved one’s death has had on you and your family
- Examining insurance policies to determine sources of compensation
- Estimating the value of your case based on both economic and non-economic losses
- Negotiating the highest settlement possible with insurance companies
- Presenting your case in court before a jury when the insurance company refuses to settle your case equitably
We offer four convenient locations in Rhode Island, including Providence, Warwick, Wakefield, and Woonsocket. Call for a free, confidential case consultation to learn how Marasco & Nesselbush can look out for your interests and protect your rights. Our wrongful death attorneys are standing by to hear from you. Chat live, complete the form, or call (401) 443-2999 today.
Contact A Rhode Island Wrongful Death Lawyer Today
If you experienced a wrongful death in Rhode Island, it is important to consult with an attorney to determine what actions you can take to ensure you are compensated for your loss. The wrongful death lawyers at Marasco & Nesselbush are here to help. Contact us today to schedule your free consultation.
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