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Mike Bottaro car accident attorney

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.

Wrongful Death FAQs

The wrongful death of a loved one can be one of the most difficult times in your life. Our attorneys know your family has been through enough, and we’re here to help you understand your rights and guide you through every step of the legal process.

Wrongful Death

What is wrongful death?

Wrongful death occurs when an individual’s death is caused by the wrongful actions or negligence of another. Wrongful death claims may be brought against the individuals or entities that caused the death, and in many cases, more than one party may be named as possible defendants. Common causes of wrongful deaths include workplace injuries, auto accidents, drunk driving accidents, medical malpractice, and defective products.

Who can bring a wrongful death claim?

In Rhode Island and Massachusetts, wrongful death claims can be brought on behalf of the deceased by their family or estate. In most cases, affected family members bring wrongful death lawsuits. These individuals may have their own claims for personal losses. Since wrongful death actions are civil lawsuits, any liability on the part of the defendant(s) is expressed in monetary damages.

Wrongful death actions are lengthy and complex, and it’s important to have an experienced legal team who understands state laws and court rules and regulations. If you’re considering bringing a wrongful death claim on behalf of a loved one, contact Bottaro Law today.

Do I need an attorney to bring a wrongful death claim?

Having an attorney on your side while pursuing a wrongful death claim can be extremely beneficial. If you decide to bring a wrongful death claim, you’ll need to have various types of evidence, and you’ll need experienced professionals to help you investigate. Wrongful death lawsuits have specific timelines that must be adhered to, and it’s difficult to estimate your potential damages. The experienced attorneys and staff at the Bottaro Law Firm, LLC have the resources and experience to guide you through all steps of this process, and we want to make sure that your legal rights are protected. Our goal is to achieve the best possible outcome for you and your family during this difficult time.

Wrongful Death FAQs

Common Causes of Wrongful Death in Newport, RI

Some of the most common causes of wrongful deaths in Newport include:

  • Car accidents
  • Bicycle or pedestrian accidents
  • Motorcycle wrecks
  • Truck crashes
  • ATV accidents
  • Railroad accidents
  • Plane crashes
  • Bus accidents
  • Maritime accidents
  • Defective products
  • Dangerous pharmaceuticals
  • Medical malpractice
  • Misdiagnosis

Who Qualifies to File a Newport Wrongful Death Claim?

According to Rhode Island law, the executor or administrator of the decedent’s estate can file a wrongful death lawsuit on behalf of any surviving beneficiaries. If there is no executor or administrator, or if the executor or administrator fails to bring an action within six months of the decedent’s passing, the beneficiaries may file a wrongful death lawsuit on their own. 

One or multiple beneficiaries may file the lawsuit, but any settlement or judgment will benefit all beneficiaries. Once the beneficiaries file a case, the executor or administrator of the estate is precluded from doing so.

Statute of Limitations for Wrongful Death Lawsuits in Rhode Island

While everyone grieves in their own time, Rhode Island establishes a timeline for filing wrongful death lawsuits. According to state law, the statute of limitations for wrongful death lawsuits is three years from the date of the wrongful death. If the wrongful act is not immediately known at the time of death, the statute of limitations begins when the wrongful act is discovered or reasonably should have been discovered rather than the date of death.

Get a trusted car accidents lawyer on your side

Contact a Newport, RI, Wrongful Death Lawyer Today 

If your loved one has died and someone else was at fault for the fatal accident, the Newport wrongful death lawyers at Bottaro Law are here for you in your time of need. We want to help you pursue the compensation you deserve from the at-fault party and demand that they are held responsible for their actions. 

Contact us today to speak with a Newport, RI, wrongful death lawyer about your case. You don’t have to worry about lawyer bills or retainers – we have an exclusive No Fee Guarantee® — a promise that you don’t pay us until we win your case. Because we work on commission, our interests are the same – getting you the most for your case while we help you with compassion and understanding.