A loved one’s preventable death is gut wrenching. At Bottaro Injury Lawyers, I am proud that over the years, our local law firm has helped many families search for justice and hold negligent people and companies responsible for their loss.
Today, I am going to provide a brief overview of this process, which lawyers call “wrongful death.”
As always, we are here to help and always available for a free, confidential consultation to answer questions and determine if we can pursue justice for you throughout our practice areas of Rhode Island and Massachusetts. It is best to discuss the particulars of your situation to receive the most on-point and beneficial wrongful death advice possible.
What Rhode Island Personal Injury Laws Apply To A Wrongful Death Case?
Rhode Island has both case law and various statutes that likely apply when our wrongful death lawyers pursue such a case.
In Rhode Island, there is some favorable law for families and beneficiaries to a wrongful death. For example, we have a set of statutes under a chapter known as “Death By Wrongful Act” in our general laws. Beware! These statutes are complex and subject to various caselaw and other peculiarities that have developed over the decades. I urge you to make sure you are consulting with experienced, local Rhode Island personal injury lawyers (like us!) who handle wrongful death cases.
For example, the statutes address who can bring such a suit and when, as well as the different categories of monetary damages that may be recoverable and to whom.
One such law is found at R.I. Gen. Laws § 10-7-2. Starting January 1, 2024, if the plaintiff can establish liability (fault), then the minimum recover is at least $350,000.00. There are no caps on damages and in Rhode Island, we also have a minimum pre-judgment interest that runs from date of tort.
Our Rhode Island wrongful death laws also provide for recovery of items such as funeral costs, medical costs, lost wages, and emotional distress, among other damages.
What Massachusetts Personal Injury Laws Apply To A Wrongful Death Case?
Massachusetts, like Rhode Island, also has decades of caselaw that governs wrongful death cases. Massachusetts does not however, have the same set of statutes, pre-judgment interest, or wrongful death minimum recovery as does Rhode Island. There are other differences as well that we can discuss when you contact us for your free, confidential case review. Both states’ courts may require court approval on any settlement as well.
What is “Negligence” in a Wrongful Death Claim?
You may recover for wrongful death when we prove that another person or company caused your loved one’s fatality in a roadway, boating, premises liability, workplace, or dangerous products accident, or even medical malpractice or abuse and neglect case. While the facts and evidence vary depending on the type of accident, what you must prove remains the same:
- That the person or company owed a duty to your loved one;
- That the person or company failed to exercise that required duty of care to your loved one;
- That had the person or company acted or taken the correct care, then your loved one would not have sustained fatal injuries; and
- That you incurred damages/loss as a result of your loved one’s death.
Once you prove these four prongs, then the person or company is found liable (at fault) and you can successfully recover for your loss subject to other laws.
When Should I Talk To A Wrongful Death Lawyer?
Right now. The case review is free and confidential. Our firm has an exclusive “No Fee Guarantee,” so there is no cost to you upfront. We only get paid and reimbursed if we make a recovery for your family and you. In all wrongful death cases, we immediately investigate the case. You need to act fast after a wrongful death as there are time limits and evidence may be lost!
Proving negligence in a wrongful death case is no easy feat and requires the best wrongful death advice from lawyers who have experience in this area of law.
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases including wrongful death throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777, or fill out our free and confidential online form. We are here to serve and help you!