Losing a family member in Rhode Island due to someone else’s action is a tragedy. While no amount of money will ease this loss, holding a wrongdoer accountable for a fatal accident can provide a sense of justice and closure. A wrongful death lawsuit can help you recover compensation for your family member’s death and meet your immediate financial needs. Before you can file a lawsuit, though, you need to know who can sue for wrongful death in Rhode Island. A Providence wrongful death lawyer can help you understand your family’s legal rights and options.
Who Can File a Wrongful Death Lawsuit in Rhode Island?
In Rhode Island, only specific individuals have the legal right to file a wrongful death lawsuit. State law gives this right to the executor or administrator of the deceased’s estate. This person is responsible for managing the deceased’s legal and financial affairs, including pursuing wrongful death claims.
If the executor or administrator does not file a lawsuit within six months of the deceased’s death, other parties can bring a claim. For example, the deceased’s beneficiaries may bring the case themselves. Beneficiaries include the deceased’s spouse and children, as well as anyone else named in the deceased’s will. If there is no surviving spouse or children, the compensation goes to the next of kin, following Rhode Island’s intestacy laws.
Rhode Island also requires the deceased’s executor or beneficiaries to file a wrongful death claim within three years of the person’s death (or within three years of discovering the wrongful act, if it was unknown at the time of the deceased’s death). Finally, any defendant found liable in a wrongful death lawsuit must pay at least $250,000, which helps provide fair compensation for any beneficiaries.
Can You Sue for Wrongful Death on Behalf of a Family Member?
In Rhode Island, you can sue for wrongful death on behalf of a family member in specific circumstances. If you are the executor or administrator of the deceased’s estate, you are first in line to file a wrongful death lawsuit.
If the executor doesn’t file a lawsuit within six months of the deceased’s death, you may be able to file a lawsuit. However, you can only file a wrongful death lawsuit if you’re a beneficiary of the deceased’s estate. In these circumstances, the executor loses the right to file a wrongful death lawsuit once the beneficiaries have filed.
Can a Sibling Sue for Wrongful Death?
A sibling can sue for a family member’s wrongful death in Rhode Island in two circumstances. The first is if they’re the executor of the deceased’s estate. The second is if the sibling is one of the deceased’s beneficiaries. However, beneficiaries can only file wrongful death lawsuits if the executor has not filed a claim within six months of the deceased’s death.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit in Rhode Island involves several important steps:
- Appointing an Executor or Administrator – The process begins by ensuring the deceased’s estate has an executor or administrator. This individual, who’s usually named in the deceased’s will or by the court, initiates the lawsuit. If six months have passed since the deceased’s death, their beneficiaries may file a lawsuit.
- Filing the Complaint – The lawsuit officially begins when the executor or beneficiaries file a complaint in court. This document outlines the wrongful death claim, including any allegations of negligence or wrongdoing and the desired compensation.
- Serving the Defendant – The defendant must be formally notified of the lawsuit. This step allows them to respond and prepares both sides for court proceedings.
After the executor or beneficiaries file a lawsuit, the case progresses through these key stages:
- Discovery Phase – During this stage, both sides exchange critical information, such as documents, evidence, witness statements, and expert testimonies. This phase may uncover crucial facts supporting the wrongful death claim.
- Settlement Negotiations – Attorneys may engage in settlement talks to avoid a risky and time-consuming trial. During this phase, both sides attempt to reach a mutually acceptable agreement. Multiple negotiation sessions are common in these cases as both sides refine their positions.
- Trial Preparation – If settlement negotiations fail, the case proceeds to trial. Attorneys for both sides will gather and organize evidence, prepare witnesses, and develop arguments to present in court.
- Trial – At trial, each side presents their case to a judge or jury, who determines whether the defendant is liable for the deceased’s death. If the judge or jury sides with the deceased’s family, they’ll decide how much compensation to award. Rhode Island law specifies that defendants must pay at least $250,000 in these cases.
Compensation in Rhode Island Wrongful Death Cases
While Rhode Island law requires defendants to pay at least $250,000 if they’re found liable in a wrongful death lawsuit, the total compensation in these cases is often significantly higher than $250,000, as a family member’s death is a significant emotional and financial loss. The compensation in a Rhode Island wrongful death lawsuit can include money for:
- The deceased’s outstanding medical bills related to their fatal injury or illness
- Burial and funeral expenses
- Lost income the deceased lost due to their injuries before their death
- Lost income the deceased would have earned had they lived
- Lost services the deceased would have provided for their family
- Loss of care and companionship for the deceased’s surviving family members
- The deceased’s pain and suffering
Deadline to File a Rhode Island Wrongful Death Lawsuit
The deceased’s executor or beneficiaries have three years from the deceased’s death to file a wrongful death lawsuit. There are circumstances where they might have more time to file a lawsuit, but these are rare. Contacting a Rhode Island wrongful death lawyer as soon as possible is the best way to protect your legal rights.
Contact a Rhode Island Wrongful Death Attorney Today
The Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. is prepared to help you hold those responsible for your family member’s death accountable. Call (401) 751-8855 now or reach out online for a free consultation to discuss your situation and learn more about your legal options.
