Wrongful Death Lawyer Rhode Island
Legal Help After A Tragic Loss
A death caused by a negligent, careless, intentional or reckless act of another person or corporation is considered a wrongful death. When death is caused by the wrongful act of another, the surviving family members and/or the decedent’s estate can file a wrongful death lawsuit against the negligent party or parties.
Our attorneys work to restore the lives of families after an accidental death. We seek maximum financial compensation for the victims of negligence. Contact us to speak to an experienced wrongful death attorney.
At DeLuca & Associates, LTD we will handle your wrongful death action discreetly and professionally. It is our aim to help your family recover the financial compensation you need and deserve after suffering the trauma of an accidental death. We are experienced at representing victims of fatal car accidents, deadly falls and fatal construction site accidents.
Examples of conduct that could lead to a wrongful death claim include:
The lawyers at DeLuca & Associates, LTD have extensive experience helping people who have suffered bone injuries in all types of accidents, including:
Failing to diagnose a treatable disease
Our attorneys are experienced at handling fatal auto accidents and brain death as well as any case involving accidental death caused by negligence. You may be able to recover for the loss of consortium, lost income and the loss of relationships between your family members and your loved one. From your initial consultation we will provide the information and advocacy you need to successfully proceed in a wrongful death action.
Wrongful Death FAQs
1. What is a wrongful death lawsuit?
A lawsuit filed after the death of an individual caused by another individual or an entity (company, agency, etc.).
2. Do I need a wrongful death attorney?
These suits are very complex, and the defendant(s)in the case will have legal representation by experienced wrongful death attorneys. It is essential to have your own representation to participate fully in the legal process.
3. Who gets the money in a wrongful death lawsuit?
The money is awarded to the party or parties that filed the suit, including people filing on behalf of surviving minor children.
4. How are wrongful death settlements paid out?
Payments can be made in one lump sum or through ongoing structured payments.
5. Are wrongful death settlements taxable?
Typically, these settlements are not taxable for compensatory damages (medical bills, pain and suffering, etc.). If punitive awards are included, they may be taxable based on the specifics of the settlement.
6. How much can you get in a wrongful death suit?
The size of a settlement is based on multiple factors and the types of damages awarded. Cases with punitive awards tend to have much higher settlements.
7. Who can file a wrongful death claim?
In Rhode Island, the executor of the estate files the wrongful death claim. If there is no Will, the court appoints an administrator who files. In some cases, a family member may file if the court does not appoint an administrator.
8. How long does a wrongful death lawsuit take?
These cases may be lengthy, and many settle out of court. Settling out of court shortens the process.
9. What does a wrongful death statute allow for?
The lawsuit can include coverage for medical bills, funeral expenses, lost wages and benefits, property damage, and pain and suffering. In some cases, punitive damages are included.
10. Who pays for a wrongful death lawsuit?
The defendant(s) named in the lawsuit or their insurance providers.
11. Who can file a wrongful death suit?
The executor or administrator of the estate of the deceased.
12. What's the time frame on filing a wrongful death claim?
In Rhode Island, the claim must be made in 3 years from the time the negligence was discovered, not necessarily the death of the individual.
13. Is there an average in wrongful death settlements?
In Rhode Island, the state law sets a minimum settlement at $250,000 in damages. Talking to a lawyer at DeLuca & Associates, LTD. will provide more specific information.