Providence Wrongful Death Attorney
The sudden and unexpected death of a family member is always painful. But when the life of someone you love has been cut short unnecessarily because of some other person’s wrongdoing, it is doubly, difficult for you and your family to bear. Your frustration and anguish when you know that the death could have been prevented add immeasurably to your suffering. When the grief caused by your loss is compounded by financial devastation because your family relied on the deceased person as your primary breadwinner, you may wonder if you’ll ever be able to recover. You may feel overwhelmed with grief, anger, and a sense of injustice that nothing you or your deceased loved one did caused your suffering.
In this difficult time, when you and your family are struggling through grief, emotional anguish, and perhaps the complication of economic hardship, you need the support and assistance that only a thoroughly experienced personal injury and wrongful death attorney can provide. With so much on your plate, you may not feel up to taking on a legal battle. However, it is important to hold whoever caused your loved one’s death accountable by bringing a wrongful death action against the responsible party and making them pay. No amount of money can adequately compensate for the loss of a human life, but the law can help you achieve at least some measure of justice and closure and give you the financial means to move on.
What is a Wrongful Death?
A wrongful death, in the legal sense as defined by Rhode Island’s wrongful death statute, is a death that was caused by the wrongful act, neglect, or default of someone else. Wrongful deaths may occur in various ways. These are some of the most common:
- Car, truck, and motorcycle crashes
- Pedestrian and bicycle accidents
- Medical error
- Nursing home neglect or abuse
- Defective products; dangerous drugs or medical devices
- Workplace accidents
- Exposure to toxic substances
- Fatal animal attacks
- Falls due to premises negligence
- Acts of violence
Who is Eligible to Recover in a Rhode Island Wrongful Death Action?
A wrongful death claim is generally filed by the executor or administrator of the deceased person’s estate for the benefit of the deceased’s surviving family members, typically with the help of a Rhode Island personal injury attorney. The law specifies an order of preference in a wrongful death claim as follows:
- If the deceased is survived by a spouse and children, they will receive any award of damages.
- If the deceased left a spouse, but had no children, damages will go to the spouse.
- If the deceased left neither a spouse nor a child, the damages will go those who would inherit according to the state’s laws of intestacy (when someone dies without leaving a will ): parents (unless the deceased is a child they are six months or more behind in child support payments), grandchildren, or other relatives.
- If there is no executor or administrator, or if the executor or administrator fails to file a claim within six months of the death, the survivors may file on their own.
Wrongful Damages that May Be Recovered
- Medical expenses incurred for treatment of the deceased prior to death.
- Funeral expenses
- Loss of earnings provided to the family, including projected future earnings and benefits
- Loss of love, companionship, and guidance.
- Loss of services in the home
- Pain and suffering of the deceased
- Punitive damages, in those cases that involve egregious wrongdoing
Choose an Experienced Lawyer for Your Rhode Island Wrongful Death Claim
Insurance companies have sophisticated attorneys who fight vigorously against paying wrongful death claims, which can be expensive. If you are to achieve justice, you need the best legal representation you can find, one with years of experience, legal expertise, and peer recognition. When you choose the Resmini law firm in Providence, you will have the benefit of more than four decades of successful experience in personal injury and wrongful death cases on your side. Senior attorney Ronald Resmini is a member of the Million Dollar Advocates Forum, a Rhode Island designated “Super Lawyer,” and the author of legal articles and texts. He and partners Adam, Andrew, and Jason Resmini, all of whom have been honored as “Rising Stars” in the Rhode Island legal community, are compassionate advocates who are committed to justice for bereaved families and will fight tirelessly for a fair settlement or court verdict for you and your family.
Come in and tell us your story. There is no cost or obligation to learn about your rights and receive honest answers to your questions. If we accept your case, it will cost you nothing up front, with no out-of-pocket expenses before the conclusion of the case. You only pay legal fees and costs if we win an award for you, so you risk nothing. But remember, Rhode Island law has established strict limitations of filing a wrongful death action. Missing a deadline could mean losing your right to recover, so don’t delay. Call (401) 751-8855 today and learn how we can help.