Wrongful Death Attorney in Pawtucket
It is never easy to cope with losing a family member. However, the pain feels even more acute when a family member is ripped away due to someone else’s negligent actions. In the aftermath of this loss, you may not be thinking about your financial situation or how the death of a loved one will impact your family in the months and years to come.
The Pawtucket wrongful death attorneys at Bottaro Law know that money can’t erase your pain or bring back your loved one. But we also know that families can be thrust into financial instability after losing a family member and may need support while overcoming their new challenges. Our legal team aims to provide you compassionate service and effective legal representation as we pursue a wrongful death claim for your family.
If you are contemplating filing a wrongful death claim, consult with a wrongful death lawyer from Bottaro Law in Pawtucket today. Our legal team can review your case and discuss your options for holding the at-fault party accountable.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is like a personal injury lawsuit. When someone is injured due to someone else’s negligent actions, they have the right to pursue compensation for their injuries. The individual can seek justice by filing a personal injury lawsuit and suing for compensation for their losses.
However, when a person passes away due to an accident, their surviving family members could pursue compensation on their behalf. That can be achieved by filing a wrongful death lawsuit.
Rhode Island law defines wrongful death as a death caused by the wrongful actions, neglect, or default of another.
Wrongful Death Laws in Pawtucket
Rhode Island wrongful death laws explicitly outline what constitutes wrongful death, who is allowed to pursue a claim, how long a family has to pursue a claim, and how compensation is divided upon successfully pursuing a wrongful death lawsuit.
Rhode Island also stipulates that family members may be able to pursue compensation for punitive damages. Punitive damages are not meant to compensate a family for their losses. Punitive damages are a form of financial punishment for the at-fault party and can be awarded based upon actions motivated by malice, ill will, or reckless indifference.
Wrongful Death Settlement Amounts in Pawtucket
How do you put a price on losing a loved one? The answer is that you can’t. No amount of money will ever be able to fill the hole in your heart caused by the death of a family member. However, your loved one wouldn’t want to see you suffer from the financial consequences of their passing either.
A wrongful death lawsuit is your opportunity to hold a negligent individual responsible for their actions and obtain compensation that can help you and your family get back on solid financial ground.
When pursuing a wrongful death case, you may be able to seek compensation for the following:
- Medical costs associated with the accident before death
- Funeral expenses
- Burial expenses
- Lost wages
- Loss of future financial support
- Loss of benefits
- Loss of consortium
- Loss of companionship
- Pain and suffering
If you have questions about what your wrongful death lawsuit may be worth, consult with our wrongful death lawyers in Pawtucket. You can also view our case results page to see some of the results we’ve obtained for past clients. Your results will not be the same as theirs, of course, because every case is unique.
When May an Event Lead to a Claim of Wrongful Death?
A wide variety of events can result in the sudden death of a loved one. Common examples of accidents that can trigger a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Dangerous or unsafe consumer products
- Workplace accidents
- Dog attacks
- Medical mistakes or malpractice
Who Qualifies to File a Wrongful Death Claim?
Only specific individuals are legally allowed to file a wrongful death lawsuit. Rhode Island gives the executor or administrator of the deceased individual’s estate six months to file a wrongful death claim.
Generally, the executor is named in the deceased person’s will. An executor’s job is to protect the person’s property until debts and taxes are paid. The executor is then responsible for transferring the deceased individual’s assets to the named beneficiaries. If an executor files a wrongful death lawsuit, any money recovered from the case is paid out to the deceased individual’s beneficiaries.
If an individual dies without naming an executor, or if the existing executor does not file a lawsuit within six months, the deceased individual’s beneficiaries may together file a lawsuit on behalf of their loved one.
The beneficiaries who may be able to pursue compensation for loss of consortium or society, loss of enjoyment of life because of the death, and emotional distress caused by the wrongful death include:
- Spouse or surviving children
- Surviving parents
Understanding who has the right to sue can get complicated. If you need more information on how to file a wrongful death lawsuit on behalf of someone you care about, get in touch with an experienced Pawtucket wrongful death attorney from Bottaro Law.
Statute of Limitations for Wrongful Death in Pawtucket
Everyone grieves in their own time. Unfortunately, the law doesn’t always give you the time you need to process your emotions and move forward with a claim on your timetable. Rhode Island law stipulates that wrongful death claims must be filed within three years of the person’s death. If you fail to file a lawsuit within this time frame, the court will most likely dismiss your claim.