Answers to Common Wrongful Death Questions

• February 21, 2019
• Personal injury Blog

The Personal Injury Law Firm of d’Oliveira & Associates answers frequently asked wrongful death questions about wrongful death lawsuits:

1. What is a Wrongful Death?

   A wrongful death is death caused by the negligent, intentional, or wrongful action of another person or institution.

2. Who Can Bring a Wrongful Death Lawsuit?

   The aggrieved party is the person who has been wronged. However, in the case of a wrongful death, that person is already deceased. Therefore, close relatives and family members are the ones with the legal right to bring a wrongful death lawsuit.

3. What Are The Damages Awarded to the Family of The Deceased?

   The goal is to obtain monetary compensation to help with the costs incurred. While damages generally include medical and funeral costs, damages awarded may also include loss of future income of the deceased victim, inheritance or companionship, mental anguish, and pain and suffering. Amounts that are easier to prove typically include the medical and funeral costs as well as the loss of income.

   However, getting compensation for loss of companionship and emotional stress and suffering can be more difficult. That said, many negligent parties typically will settle rather than go to trial because they do not want juries to be making awards after seeing the families and evidence of their emotion pain and suffering.

   Another reason why the negligent parties will typically want to settle is because they want to avoid a jury ruling on punitive damages. Punitive damages are awards given out in excess of the compensation for the negligent act that are intended to punish the negligent party and provide for an incentive to ensure that future similarly negligent acts are avoided.

4. What Are Common Causes of Wrongful Deaths?

   Some of the most common causes ofwrongful death lawsuits include medical malpractice, auto accidents, construction incidents, and slip & fall incidents.

   Essentially, proving a wrongful death case is just like proving any other negligence case. Considering that the statute of limitations does not bar a claim, you need to prove that the victim died as a result of an act (or omission of an act) by a party that was negligent in that that party acted recklessly, intentionally, or even unreasonably.

   

   Although no monetary reward can replace the loss of a loved one, holding those responsible and getting as much support in a family’s time of need is an important step. d’Oliveira & Associates stands proud of the competence and integrity of our wrongful death lawyers and our ability to help those families in their times of need. We have more than 30 years of experience in defending the interests of injured parties in personal injury cases.

If a loved one has passed away from a wrongful death accident, the personal injury lawyers and RI wrongful death attorneys at d’Oliveira & Associates want you to know that you may be entitled to compensation. Understanding you and your family’s needs, the Rhode Island wrongful death attorneys at d’Oliveira & Associates will help offer you the legal representation you deserve and will not charge you a fee until you win an award.

For a free consultation, please contact our law offices at 1-800-992-6878, or visit any of our 16 locations in South-eastern Massachusetts and Rhode Island.

Paul d’Oliveira

Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.

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