The unexpected and tragic loss of a loved one, in addition to causing grief and pain, can also lead to tremendous financial strain for families, particularly if they’ve lost a primary wage earner or breadwinner. When the death was caused by someone else’s negligence or wrongdoing, families in Rhode Island may be able to file a wrongful death lawsuit, which is a civil lawsuit, seeking compensation for their losses. Our firm works with experienced wrongful death lawyers in Rhode Island, who charge no fee unless you get an award or settlement. Call us toll free at 1-800-992-6878 or contact us online for a free (no obligation) case evaluation. 

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What Is a Wrongful Death?

Rhode Island law defines “wrongful death” as one that is caused by “the wrongful act, neglect or default” of another person or entity. The act or neglect that led to the death of the decedent must be the type of action that would have allowed the deceased to file a personal injury claim had he or she survived. Wrongful death cases usually result from accidental injuries inflicted on the victim, but they can also result from intentional acts. Examples include auto accidents that occurred due to someone else’s negligence, medical malpractice or an intentional act such as a physical assault.  

What Are Causes of Wrongful Death?

Wrongful deaths can be caused in many ways, such as:

Depending on the cause, or causes, death cases can be very complex. A wrongful death lawyer will be able to tell you whether your loved one’s death was caused through the fault of another.

What Is a Wrongful Death Case Worth?

Grave stones in a cemetery in the fog.

Wrongful death cases try to compensate families to help survivors cope with the loss of their loved one. The types of compensation available may include:

  • Lost Income – This is an estimate of how much money the deceased would have earned over the course of the rest of their life, had they not passed away.
  • Medical Expenses – These are determined by the amount of expenses from hospitals or other medical care providers during the time between the deceased’s injury and leading up to their death.
  • Pain and Suffering – This is factored in to compensate the deceased for their pain and suffering experienced prior to the eventual death. This can vary wildly, and can range into the multiple millions of dollars.
  • Loss of Consortium – This is usually given to spouses, but can also go to children or parents of the deceased. Loss of Consortium represents the loss of companionship, guidance, and relationship with the deceased.
  • Punitive Damages – These can sometimes be awarded, in some states, to the family if the death was caused intentionally or the person at-fault was extremely out of line with normal behavior. They are intended to punish the person at-fault and, like pain and suffering, can range into the millions of dollars.
  • Other Losses

In Rhode Island, the wrongful death law states that the at-fault party must pay the deceased’s family at least $350,000 in damages. This amount may be adjusted much higher when the above mentioned types of compensation are factored in.

Who Can File a Wrongful Death Lawsuit?

angel statue in a cemetery

Wrongful Death lawsuits can be filed by the family of the deceased. Usually, wrongful death cases are brought by a husband or wife, child of the deceased, or other family member who has been given the legal right to bring the case. Death cases must usually be filed within three years of the death, however, time limits can often vary. It is important to speak with an experienced Rhode Island wrongful death lawyer in order to determine whether or not you can file a lawsuit.

What do I Need to Prove in a Wrongful Death Case? 

In a wrongful death lawsuit, the person bringing the lawsuit has the burden of proof, or the obligation to present evidence to support their claim of wrongful death. There are four main elements that you must prove in a wrongful death case: 

1. Duty of Care: The defendant had a legal responsibility to avoid any behaviors that could cause harm. For example, a driver has a duty to follow the rules of the road and to act in a safe and reasonable manner. 

2. Breach of Duty: The defendant failed to fulfill their duty of care.  For example, when a driver operates under the influence of alcohol and/or drugs, that amounts to a breach of duty to others who are using the roadway. 

3. Causation: Establishing a direct link between the defendant’s actions and the death of the individual. 

4. Damages: A general term for monetary compensation sought or awarded in a lawsuit.​ You must also prove that the victim’s wrongful death resulted in commensurable damages such as medical bills (that were incurred before the victim’s death), funeral and burial costs, lost future income, etc. 

How Long do I Have to File a Wrongful Death Lawsuit? 

The statute of limitations for wrongful death claims in Rhode Island is three years, meaning that you have three years from the date of the person’s death to file a wrongful death lawsuit. However, If the act that caused the death was not known at the time, the three-year period starts from the date the wrongful act was discovered.  

What Kinds of Damages can be Awarded in a Wrongful Death Case? 

The defendant’s liability in a successful wrongful death case is expressed solely in terms of financial compensation or damages that the court orders the defendant to pay to the decedent’s survivors. Damages awarded can be economic, such as compensating for financial losses as a result of the wrongful death, or non-economic, like compensating for intangible losses like pain and suffering. If the death was caused by the defendant’s negligent or reckless actions, punitive damages may be awarded to punish the wrongdoer. 

What is the Difference Between a Wrongful Death Lawsuit and a Personal Injury Lawsuit? 

The main differences between a wrongful death suit and a personal injury suit comes down to the purpose of the lawsuit itself and who files it. In a personal injury suit, a person is hurt by someone else’s actions, but not killed, and thus the injured party sues for compensation for their injuries. In a wrongful death case, the suit is brought by the decedents family for the purpose of compensating the loss of the deceased, including funeral expenses, lost financial support, and the loss of companionship.  

Can a Wrongful Death Lawsuit be Filed if the Death was an Accident? 

Negligence or wrongdoing by another party are key components that must be proven, meaning that a wrongful death lawsuit cannot be filed if the death was solely an accident. If the death was truly an accident with no fault on anyone’s part, then a wrongful death lawsuit would not be appropriate.  

Can a Criminal Case Affect a Wrongful Death Lawsuit? 

It is important to remember that a civil wrongful death suit and a criminal homicide case are separate legal proceedings. A wrongful death case is expressed solely in terms of financial compensation or damages that the court orders the defendant to pay, where in a criminal homicide case, a guilty verdict and conviction could result in prison time, fines paid to the state, probation and other penalties. The defendant’s guilt in a criminal proceeding must be established beyond a reasonable doubt, but in a civil lawsuit, the defendant’s liability needs to be proven by a preponderance of the evidence. A criminal conviction can be used as evidence in the civil case, but a wrongful death lawsuit can still proceed even if the defendant is acquitted in the criminal trial.  

How Much can I Expect to Receive from a Wrongful Death Lawsuit? 

The amount of recovery from a wrongful death lawsuit varies depending on several factors, such as medical expenses, funeral costs, and pain and suffering. Our firm helped a Rhode Island man’s estate win a $325,000 settlement for a wrongful death medical malpractice case when the man was over prescribed medicine from a doctor that led to his death. 

Do I Need a Lawyer for a Wrongful Death Case? 

It can be extremely challenging to navigate the complexities of a wrongful death lawsuit, especially when you are still grieving the loss of a loved one. An experienced Rhode Island Wrongful Death Lawyer will help protect your rights every step of the way, help compile crucial evidence and also assist you with avoiding the pitfalls that could potentially jeopardize your claim. 

Wrongful Death Lawsuits and Awards or Settlements

candles lit in a row after a wrongful death

Wrongful death lawyers around the country have been successfully handling these kinds of cases for years. Successful lawsuits include:

  • $30.7 Million to the family of a young New York boy who fell through the ice and drowned while saving his little brother, who had also fallen through the ice. The property owner failed to place warning signs around the pond.
  • $28 Million to the family of a Massachusetts woman killed by a collapsing tunnel built during the “big dig” in Boston.
  • $15 Million to the family of an Illinois victim of a plane crash, because the private jet liner allowed an amateur to fly the plane instead of a professional pilot.
  • $11 Million to the family of an Arizona man who died while being cared for at a nursing home, after he ate a foreign object. The jury determined that the nursing home had a duty to prevent him from eating the objects.
  • $3.5 Million settlement to the family of a young Rhode Island child that was hit by a motor vehicle, as a pedestrian, and was killed. Our firm maintained joint responsibility with another trial attorney and settled the case before going to trial.

Why Contact Us?

2 clients talking to a personal injury lawyer regarding a wrongful death claim

If you believe you have a wrongful death case, you may be entitled to compensation for medical bills, lost income, and pain and suffering, among other losses. Our firm handles certain types of death cases such as from car and motorcycle accidents, etc. and we are also working with experienced Rhode Island and Massachusetts wrongful death lawyers, who handle other types of death cases such as from medical malpractice, workers compensation, etc. There are no fee unless you obtain a settlement or award. Contact us toll free at 1-800-992-6878 or online for a free (no obligation) case evaluation.

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