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Rhode Island Wrongful Death Lawyer | Fatal Accident Law in RI

Rhode Island wrongful death accident law

Rhode Island wrongful death Lawyer

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.

Rhode Island wrongful death lawyer

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

Punitive damages

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?

3 years

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

Reckless Driving

RI Hit and Run Car Crash

Texting and Driving / Distracted Driving

drag racing fatality

Assault and Battery

Murder

Any criminal conduct

The motor vehicle industry has experienced several changes over the past few decades. Some of the most recent car models are made with more safety precautions included. This is because of the rise in fatal car accidents. Therefore, most cars are engineered so that in the case of a car accident, the chances of survival are higher.

Rhode Island Wrongful Death Lawyer

Fatal car accident

Tragic car accidents have been on the rise over the past few decades across the world. Below is a compilation of the fatal car accident statistics both globally.

Annual fatal car accidents statistics globally.

Nearly 20 to 50 million victims are injured or disabled in car accidents each year. On average 1.3 million deaths occur annually, this sums up to about 3287 deaths in a day. More than half of the victims of fatal road accidents are young adults aged between 15 and 44 years

As a result of this, road crashes have been recorded as one of the leading cause of fatalities among the youth aged between 15 and 29 years. It is also the second leading cause of death among children between the ages of 5 and 14 years

Fatal Car accident wrongful death attorney

On a global scale, fatal car accidents are ranked 9th on the list of leading causes of death. This also accounts for 2.2% of all the deaths recorded globally Every year, over 400,000 people under 25 years of age die in traffic crashes. This amounts to about 1,000 people in a day.

More than 90% of these tragic deaths occur in low and middle-income countries. These countries also have less than half of all the vehicles in the world

Road crashes worldwide

Road crashes are very costly both globally and in individual countries. They cost about USD $518 billion on a global scale, and this comes down to 1-2% of the annual GDP of individual countries. Traffic crashes weigh down on most middle-income and low-income countries. This is because they cost around USD $65 billion every year. This amount largely exceeds the total received for assistance in development.

Fatal road crash

The number of fatal road accidents is rising at an alarming rate. There is a prediction that if this trend does not change, then road accidents will be the 5th leading cause of deaths all over the world by the year 2030.

To curb this trend, stern action must be taken to prevent more future deaths and especially save the younger generation. Cars are fitted with more safety precautions to increase the chances of survival in case of an accident. This is just one among the many actions that should be taken to reduce the number of deaths in road carnage.

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).” iihs 

Reference
Road Crash Statistics, ASIRT Association for Safe International Road Traffic
http://asirt.org/initiatives/informing-road-users/road-safety-facts/road-crash-statistics

 

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.