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Pursuing RI Fatal Accident Claim with a Wrongful Death Lawyer

Rhode Island Fatal Accident ClaimWhile there is nothing that could ever overcome the tragic loss of losing a family member, filing a claim or lawsuit for wrongful death in Providence Superior Court can serve as a legal remedy to preserve and protect survivor’s rights. A wrongful death lawsuit for compensation in Rhode Island must be filed before the state’s statute of limitations expires.

Statute of limitations in RI

In most cases the statute of limitations for negligence is 3 years. Nonetheless, please consult with a RI wrongful death attorney concerning the statute of limitations in your particular cause of action. Typically, compensation for wrongful death can be obtained for a surviving spouse, children and perhaps parents, along with others.

Under Rhode Island law, a wrongful death claim is not an asset of the deceased’s estate. Any proceeds as a result of the RI fatal accident claim are distributed to the beneficiaries set forth in the RI wrongful death statute. Also, pursuant to RI law, only the executor or administrator of a deceased estate can file or pursue a death claim as a result of a deadly motor vehicle, truck, premises liability or other negligence claim.

A wrongful death claim in Rhode Island could result from hundreds of different types of causes of actions including but not limited to: car accident, truck accident, bicycle accident, pedestrian death, slip and fall, assault, construction mishap, premises liability, negligent security, medical malpractice, product liability, motorcycle crash etc.

Seeking Compensation for a fatal car, semi truck or premises liability accident in RI.

A wrongful death lawsuit is a cause of action that must be filed to seek compensation for numerous types of damage that could include:

• A loss of income
• Related medical costs and hospital bills
• Funeral expenses
• Loss of consortium and companionship
• Loss of wages
• Loss of any future earnings and inheritance
• Pain, suffering and grief

Defining Wrongful Death

Wrongful death is a legal term concerning the loss of life through recklessness, negligence or the deliberate behavior of others. To receive compensation, the survivors or their legal representatives must establish a valid claim for wrongful death proving four specific points in a court of law that include:

• The parties at fault owed a legal DUTY to the victim
• The actions or lack of actions of parties at fault constitute a breach in that responsibility
• The breach of responsibility can be directly related to the death of the victim; and
• The victim died because of the incident

In a truck collision or vehicle accident case, the surviving family members (claimants) will need to establish how all parties responsible for the accident failed TO ACT REASONABLY AND WITH DUE CARE in some manner that led to the victim’s death. This could include failing to drive in a reasonable and safe manner, maintaining the roadways properly, ensuring that the vehicle components are not defective or other factors.

Holding negligent parties accountable

Seeking compensation in a Rhode Island wrongful death claim can be complex. The value of damages and losses that might be claimed when filing a wrongful death lawsuit is highly dependent on numerous factors. Because of that, it is essential to hire a skilled RI personal injury law firm that specializes in Rhode Island wrongful death cases. Filing a claim through a reputable Rhode Island wrongful death attorney can ensure that every negligent party is held accountable to provide survivors recompense for losing their loved one.

A Providence wrongful death personal injury law firm will investigate every possible cause of the truck collision or vehicle accident to determine liability. In addition to the driver being held legally liable, other third parties may also be responsible. This could include road maintenance crews that created a dangerous roadway hazard, auto part manufacturers selling defective equipment, retailers and manufacturers selling defective tires, maintenance crews and others.

Hiring a Wrongful death Attorney in Rhode Island

Civil procedures and rules necessary to comply with filing a wrongful death claim or lawsuit are complex. Because of that, it is essential to use the skills of a RI personal injury attorney who specializes in Rhode Island wrongful death cases. Access to good RI legal counsel is often the difference between obtaining adequate compensation to secure your financial future and accepting an amount far less than the value of your claim.

East Providence Personal injury law firms typically accept wrongful death cases on contingency. This provides you legal representation without the need of paying any upfront fees for the services of a reputable attorney.

The Insurance Institute for Highway Safety Highway Loss data Institute reported: “2012, the types of motor vehicle crash deaths varied across states. For example, North Dakota had one of the lowest percentages of deaths involving car occupants (28 percent) and the highest percentage of deaths involving occupants of SUVs and pickups (46 percent). In contrast, New Jersey had relatively high proportions of car occupant deaths (38 percent) and pedestrian deaths (26 percent), and a relatively low percentage of deaths involving SUV or pickup occupants (14 percent). The highest percentage of motorcyclist deaths occurred in the District of Columbia, Hawaii, and New Hampshire (27 percent), and the percentage of pedestrian deaths was highest in the District of Columbia (47 percent).” http://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview