The Basics Of Rhode Island’s Wrongful Death Laws
There is no worse injury, and no worse consequence of any accident, than death. When an accident causes a death, the surviving family members can file what is known as a wrongful death action.
Did the Accident Cause the Death?
One of the first questions to ask in a wrongful death case, is whether the accident or the injuries sustained in the accident, actually caused the death. Sometimes, this is a simple question–someone who dies in a car accident obviously died because of the car accident.
But there are other scenarios where someone may be injured, get sicker, wane in the hospital, have a heart attack, and then die, and in situations like those, it may be a bit more difficult to show that the death ultimately was caused by the accident.
Who Can File the Lawsuit?
The estate of someone who dies in an accident, can file a wrongful death accident on behalf of the deceased. This is brought through the executor of the estate, and it must be brought within six months. If it is not, any individual beneficiary of the estate can file the claim. You may have to retain a probate attorney to open the estate in probate court, and have an executor designated by the court if the executor is the one bringing the claim on behalf of the estate.
Damages in the Wrongful Death Case
The wrongful death suit focuses on the losses of the surviving members of the deceased’s family or estate.
For example, typical damages may include the monetary expenses, such as medical bills that the deceased sustained, as well as the loss of parenting, support, love or companionship that a spouse of children may suffer because of the wrongful death.
The estate can also recover whatever wages the deceased would have earned had he or she survived, as well as the cost of whatever services the deceased performed for others, which may include day to day activities like the value of cooking or cleaning or driving children to school or activities.
Damages may also include any financial support the deceased provided to family, as well as pain and suffering that the deceased may have sustained.
Minimum Amount of Damages
Rhode island law is unique in that there is a minimum recovery law. This means that any Defendant found liable for causing a wrongful death, must compensate the victim’s family or estate, in the amount of no less than $350,000. There is no maximum (damage cap) on what can be recovered in a wrongful death lawsuit.
Damages, if and when received, are distributed amongst the surviving beneficiaries–usually the spouse, parents and children of the deceased will share the award, with 100% of the award going to a spouse, if there are no children of the deceased. Other relatives may also be eligible, where there is no spouse nor any children.
Whoever files the claim, there is a three year time limit to file a wrongful death lawsuit.
Did someone else’s negligence cause a death in your family? Contact our Rhode Island wrongful death and injury lawyers at Robert E. Craven & Associates at 401-453-2700 for help.
Source:
webserver.rilegislature.gov/Statutes/TITLE10/10-7/10-7-2.HTM
