Every state has different wrongful death laws related to fatal accidents. RI wrongful death attorney, David Slepkow has answered several pertinent fatal accident frequently asked questions. If you are in need of legal assistance as a result of a deadly truck, motorcycle, premises liability, motor vehicle, medical malpractice or motor vehicle accident then you need to contact one of the best wrongful death attorneys in RI.
Who is eligible to pursue a wrongful death case as a result of a fatal car, truck or motorcycle accident in Rhode Island?
The executor or administrator of the estate of deceased person may bring a wrongful death cause of action in Rhode Island Superior Court against the negligent persons or corporations who are liable for the crash.
Who obtains compensation for a death after a fatal accident?
An award of monetary damages in a RI Wrongful death case is not an asset of the estate and the statutory beneficiaries are compensated.
What statute pertains to Wrongful Death Liability in Rhode Island?
CHAPTER 10-7 Death By Wrongful Act http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-2.HTM
How are damages apportioned among the the deceased’s beneficiaries?
“…the amount recovered in every action under this chapter one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate” http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-2.HTM
Can a deadbeat father who owes child support collect damages for a child killed in an accident?
“no person who is adjudged to be in willful contempt of being in excess of six (6) months in arrears of an order to pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and a person so adjudged shall be deemed to have predeceased the child for the purpose of determining distribution under the intestacy statute.” http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-7/10-7-2.HTM
What types of monetary compensation is available for the spouse and beneficiaries of a person killed in a fatal accident?
Prospective income / earnings
Value of homemaker’s services
Hospital and medical expenses prior to death
Pain and suffering prior to death
What is the Statute of Limitations for a wrongful death Case in RI?
What are the most common types of wrongful death claims in RI?
The largest majority of fatal accidents in Rhode Island are Car / Auto accidents, motorcycle accidents, bicycle accidents, medical malpractice and truck / tractor trailer / Semi Truck Crash.
Is a Rhode Island Personal Injury Attorney required to pursue a death claim in Providence Superior Court as a result of a deadly car wreck or medical negligence claim?
Yes. The executor of the estate is not a personal injury lawyer 0r a RI Wrongful Death Attorney and is not licensed to practice law. The executor must be represented by a Rhode Island Attorney.
What types of fatal accidents could lead to punitive damages in Rhode Island?
Drunk Driving Death Resulting
RI Hit and Run Car Crash
Texting and Driving / Distracted Driving
drag racing fatality
Assault and Battery
Any criminal conduct
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.