Losing a loved one is always a devastating experience, but when their death is due to someone else’s wrongdoing (in legal terms, called “negligence”), it is even more of a tragedy. The sudden loss can leave a family with significant financial burdens, including medical bills, funeral costs, and loss of income. While no amount of money can ever truly compensate for the loss of a loved one, a wrongful death lawsuit can provide a sense of justice and financial security for surviving family members. Sheeley Law, a Rhode Island law firm with decades of experience in wrongful death and medical malpractice cases, provides essential guidance below. You can also read about her partnership with O’Neill Hayes Funeral Home in Newport to offer bereaved family’s guidance and support by clicking here. As always, we are here 24/7 to answer questions and provide compassionate support during this difficult time.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim filed by the surviving family members or the estate of a person who has died as a result of another party’s negligent, reckless, or intentional actions. The purpose of this type of lawsuit is to make sure the responsible party is held accountable and to secure financial compensation for the loved ones’ losses. Importantly, a wrongful death lawsuit is a civil case, not a criminal one. While criminal cases focus on penalties like imprisonment or fines, civil cases provide financial restitution to the family. Common wrongful death claims include:
Car accidents caused by reckless or impaired driving
Medical malpractice, such as misdiagnosis or surgical errors
Workplace accidents resulting from unsafe conditions
Slips and falls resulting from a property owner’s failure to maintain a safe environment
Defective products that cause fatal injuries
Who Can File a Wrongful Death Lawsuit?
The laws governing who can file a wrongful death claim vary by state. In Rhode Island, the deceased’s spouse, children, or other close relatives may be eligible to file a claim. If there are no surviving family members, the executor of the deceased’s estate may file a claim on behalf of the estate.
Time Limits for Filing a Wrongful Death Lawsuit
The time limit, referred to as the “statute of limitations,” for filing a wrongful death lawsuit in Rhode Island is typically three years from the date of the deceased passing. Understandably, after a loved one’s death, the family is faced with life-changing decisions that take priority. However, it's best to seek legal advice as soon as possible to ensure all deadlines are met and there is enough time to build a strong case. Any delay could lead to the loss of key evidence or dismissal of the case, which would essentially shut the door on the family’s efforts to seek compensation.
How Much Compensation Can You Receive in a Wrongful Death Case?
The amount of compensation that a family receives can vary widely, from tens of thousands to millions of dollars. The amount depends on many factors, including the details surrounding the death, severity of negligence, and the impact on the victim's family. Compensation may include economic, non-economic, and punitive damages, including:
Funeral and burial expenses
Medical expenses incurred prior to death
Loss of future financial support and benefits
Pain and suffering experienced by the deceased before passing
Loss of consortium, or the trauma from losing companionship and emotional support
Punitive damages can be awarded when the court finds that the defendant’s actions were extreme, intentional, or showed a total lack of care for human life.
Why It’s Necessary to Hire a Wrongful Death Attorney
It is important to consult with a lawyer that handles wrongful death lawsuits (and medical malpractice, if circumstances dictate) in Rhode Island. Only an experienced attorney will understand the nuances of State laws and can formulate a strategy to build a strong case. For your case to be successfully, your attorney needs to establish fault by gathering evidence, consulting with experts and obtaining witness testimony to support the case. This evidence is vital in proving negligence and achieving a successful outcome in court and through settlement.
The legal process can be challenging and very intrusive into your personal life. Sadly, many insurance companies exploit vulnerable people by coercing them to settle claims quickly and for the lowest possible amount. With the right attorney by your side, they will protect your rights, handle all communications and negotiations with insurance providers, represent you in court and fight for justice and maximum compensation. During this time of immense grief, it is important that your attorney not only provide aggressive legal representation but also care and compassion.
Final Thoughts
While no amount of money can ever truly compensate for the loss of a loved one, a wrongful death lawsuit can provide a sense of justice and financial security for surviving family members. Sheeley Law has more than two decades of experience representing families and estates in wrongful death, medical malpractice and personal injury cases. Attorney Ann Sheeley oversees each case personally and will be by your side, guiding you every step of the way with care and compassion, until you get the settlement you deserve and closure to help your family heal. If you have questions or would like to a schedule a free consultation, contact Sheeley Law at 401-619-5555 or email asheeley@sheeleylaw.com.
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