Wrongful Death

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What is Wrongful Death?

Who can bring a Wrongful Death Lawsuit?

Damages for Wrongful Death

Common Causes of Wrongful Death

Why do I Need a Wrongful Death Attorney?

At the law offices of d'Oliveira & Associates, P.C., we are committed to providing our clients in Rhode Island and Southeastern Massachusetts with outstanding legal representation and legal services. The services we offer our clients who have wrongful death claims for the loss of a loved one are no exception. When you become a client of d'Oliveira & Associates, P.C., you can be assured that our attorneys and dedicated support staff will be with you every step of the way. Please contact d’Oliveira & Associates, at 1-800-992-6878 or CLICK HERE for a free consultation.

What is Wrongful Death?

Wrongful death is caused by an individual, company or entity’s negligent, reckless or wrongful action. Product failure, malfunction of a manufactured item or distributed medication can all cause wrongful death. For people between the ages of eighteen and fifty-five, the leading cause of death is not disease or illness. In fact, the leading cause of death for this age group is unexpected and sudden accident. A suit for wrongful death may be filed when a person dies as the result of someone else's negligent, reckless or intentional act.

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Who can bring a Wrongful Death Lawsuit?

Close relatives can bring wrongful death lawsuits; typically it is the spouse or children of the person who died. However, the decedent’s parents and siblings may also file suit. In Massachusetts, the spouse, children and parents are given priority to file a wrongful death lawsuit. However, siblings and grandchildren are also permitted to sue. If the only person who can bring the wrongful death lawsuit is a minor, the court may appoint a guardian ad litem to oversee the matter. Guardian ad litems are appointed to oversee a single litigation in the court system and act in the best interests of the minor child.

Most states will set some limits on the number of people who can bring a wrongful death lawsuit. The purpose of a lawsuit is for the people who were financially and emotionally dependent on the decedent to recover compensation for their loss. In most instances, it would be limited to immediate family. To bring a wrongful death lawsuit, you need to show your loved one’s death was caused by the negligent, reckless or intentional act of another and that your loved one’s death has caused you emotional and financial hardship.

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Damages for Wrongful Death

The goal of this type of personal injury claim is to gain compensation for close relatives, in order to help pay medical costs and provide financial support. A good lawyer can help ensure that the family's emotional suffering is not augmented with unnecessary financial stress. Damages awarded in wrongful death settlements or verdicts may attempt to provide compensation for a number of current and future financial and emotional costs to the family of the deceased. Such damages include:

• Medical and funeral costs

• Loss of future income

• Loss of benefits, pension, insurance

• Loss of inheritanc

• Loss of services and companionshi

• Mental anguish

• Pain and suffering

• Punitive damages

The amount of damages can never fully reflect all that your loved one provided for you and your family. It is meant to help relieve any financial burden you looked at when determining the amount of damages, including your loved one’s age, character and condition, earning capacity, life expectancy and health and intelligence.In addition, work done inside and outside of the home will be considered, including housecleaning and childcare.

In some states punitive damages can be recovered, but not in all. Punitive damages are generally awarded when it is found the party liable for your loved one’s wrongful death acted in an intentional or malicious manner. Punitive damages are not common damages in most wrongful death lawsuits.

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Common Causes of Wrongful Death:

Unfortunately there are many causes of wrongful death. Wrongful death can happen in many different circumstances, which no one can predict. Common causes include:

• Medical Malpractice

• Auto Accidents

• Motorcycle Accidents

• Construction Accidents

• Slip and Fall Accidents

• Defective Products

• Brain Injuries

• Nursing Home Abuse

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Why do I Need a Wrongful Death Attorney?

If you believe that a loved one has been the victim of a wrongful death, you need a law firm that can handle these cases. Wrongful death lawsuits can be complicated and confusing. You need someone who can make sure you and your family receive the financial help you need. There are also time implications in filing a wrongful death lawsuit.

Contact the Law Offices of d'Oliveria & Associates, P.C.

Please contact the law offices of d'Oliveira & Associates at 1-800-992-6878 or fill out a contact form for a free legal consultation.