Wrongful Death Attorney in Newport, RI
If you’ve lost a close family member because of someone else’s negligent or wrongful act, you should be compensated for all you’ve suffered. A Newport wrongful death attorney with Bottaro Law can help you demand compensation and hold the person responsible for your loved one’s passing accountable for their actions.
We firmly believe that while no amount of money can make up for your loss, it can provide you with financial peace of mind during a difficult time and a valuable sense of justice.
We also believe that you shouldn’t have to deal with the hassle and stress of a wrongful death claim while you should be focused on your family and your loved one’s memory. Let us handle the legal aspects of your case so you have the time and space you need.
Contact Bottaro Law today for a free consultation with a Newport wrongful death attorney and find out what we can do for you. We make it easy to connect in whatever method is most convenient to you, including virtual, at our office, or we can come to you anywhere to discuss your case and answer your questions.
At Bottaro Law, we’ve built our success on a solid foundation of skillful and compassionate representation for our clients. Our Newport wrongful death lawyers have earned our reputation for treating people right by dealing in honesty and hard work to get our clients outstanding results. From the moment you contact us, it’s our job to help you get the best possible outcome for your wrongful death claim.
What Is a Wrongful Death Lawsuit?
In Rhode Island, someone hurt by “the wrongful act, neglect, or default of another” can bring a lawsuit against that party seeking compensation for the harm they suffered. If the injured person passes away from their injuries, the wrongful action that established grounds for legal action does not simply disappear. Rather, the deceased’s estate and surviving family can pursue a wrongful death lawsuit against the liable party in the place of their deceased loved one.
Individuals or corporations could be held liable in a wrongful death lawsuit.
Wrongful Death Settlement Amounts in Newport, RI
The dollar value of a wrongful death settlement is determined by the losses suffered by the decedent and their family, which means no two cases are the same. However, Rhode Island is unique in that it specifies anyone found liable for wrongful death is also responsible for at least $250,000 in damages, which could include money for:
- Medical expenses incurred by the decedent between the time of injury and the time of death
- Funeral and burial expenses
- Wages lost by the decedent between the time of injury and the time of death and lost wages the decedent would have earned had they lived
- Loss of consortium for a surviving spouse
- Loss of society or companionship for surviving parents or children
- Emotional distress experienced by surviving family members
- Loss of enjoyment of life experienced by surviving family members
In some cases, surviving family members may also be able to recover punitive damages, which are meant to punish the defendant and deter similar behavior in the future. According to Rhode Island law, punitive damages may be awarded in cases involving malice, ill will, or reckless or callous indifference.
How Does a Wrongful Death Lawsuit Work?
The process for holding a party accountable for a wrongful death in Newport generally involves the following steps:
- Determining the appropriate claimant – First, you must determine the proper claimant to file a wrongful death lawsuit under Rhode Island law. It may be a surviving spouse, child, or parent of the decedent or the executor of the estate.
- Investigating the wrongful death – An experienced wrongful death attorney can investigate the underlying incident and collect critical evidence to establish the other party’s liability.
- Quantifying losses – Your attorney can calculate the economic and non-economic losses associated with your loved one’s wrongful death. That is the amount you will seek in damages from the at-fault party.
- Sending a demand letter – Next, your lawyer will draft and send a letter to the at-fault party demanding they compensate you for the total losses.
- Negotiating a settlement – If the other party disagrees with the amount requested in the demand letter, your attorney can try to negotiate a settlement with them or their insurer.
- Filing a lawsuit in the appropriate court – If a mutually agreeable settlement cannot be reached, your attorney can file a wrongful death lawsuit in the appropriate court within the statute of limitations. Negotiations can continue until the trial’s conclusion.
- Going to trial – If a reasonable settlement cannot be reached, your wrongful death attorney can fight for fair compensation in court.
- Receiving compensation – If you can reach a settlement or a judgment is rendered in your favor at trial, your loved one’s beneficiaries will receive the compensation awarded.