Losing a loved one is always difficult. It can be even more challenging when their death was the result of someone else's negligence or wrongdoing. In these situations, a wrongful death lawsuit might be an option to seek justice and compensation for your loss. If you're a Warwick resident who has lost a family member due to someone else's actions, it's important to understand what a wrongful death suit covers, who can file it, and how it works. This blog post will provide you with all the essential information about wrongful death lawsuits in Rhode Island.

What is a wrongful death lawsuit?


A wrongful death lawsuit is a civil action that allows certain family members of the deceased person to seek damages from the person or entity responsible for their loved one's death. The damages sought may include compensation for medical expenses, funeral costs, lost income, loss of companionship, and emotional distress.

Who can file for a wrongful death lawsuit?

In Rhode Island, only certain family members are eligible to file a wrongful death lawsuit. These include the deceased person's spouse, children (including stepchildren), parents (if the deceased was unmarried and had no children), and siblings (if no parents survive). If none of these relatives are alive or available to bring such an action within three years after the date of injury resulting in death, then the executor or administrator of the deceased person’s estate may file on behalf of beneficiaries at law.

What are the elements of a wrongful death lawsuit?

To pursue a wrongful death lawsuit successfully in Rhode Island court system , there must be evidence that:

The defendant owed a duty of care to the deceased person

The defendant breached that duty through negligence or intentional misconduct

The breach caused harm that resulted in the person's death

Surviving family members have suffered damages as a result

What are the damages?

Damages in a wrongful death lawsuit can vary depending on the circumstances of each case. They may include medical expenses incurred before death, funeral and burial costs, lost income, loss of companionship, and emotional distress. In Rhode Island, there is no cap on damages that can be awarded in a wrongful death lawsuit.

How can an attorney help me?

Navigating a wrongful death lawsuit can be stressful and complex. An attorney who specializes in this area of law can provide you with the knowledge and guidance you need to make informed decisions about your case. They can investigate the circumstances surrounding your loved one's death, gather evidence to support your claims, and negotiate with insurance companies or other parties on your behalf. Additionally, an experienced attorney will be able to navigate the legal complexities that often arise in these cases and work hard to get you the compensation you deserve.

Losing someone close to you is never easy. When their death was caused by someone else's actions or negligence, it's essential to understand what options are available for seeking justice and compensation. A wrongful death lawsuit may be an option that provides some measure of closure for those left behind. If you're considering filing a wrongful death suit in Rhode Island, it's important to seek out an experienced attorney who understands this area of law thoroughly. At Tomassi Law LLC., we have years of experience helping Warwick residents navigate these difficult situations and will work tirelessly so that our clients receive the justice they deserve.