What You Need to Know About Wrongful Death Claims in Rhode Island

Jared Tomassi • September 15, 2023

Dealing with the loss of a loved one is one of the most difficult things any of us can ever go through. However, when that loss is due to someone else's negligence or recklessness, it can be even more devastating. In Rhode Island, family members of those who have died due to the wrongful actions of others have the right to file a wrongful death claim. But what exactly is a wrongful death claim, how does it work, and what do you need to know if you're considering filing one? Here's what you need to know.



1. What is a wrongful death claim, and who can file one?

A wrongful death claim is a lawsuit that is brought against someone who is responsible for another person's death. In Rhode Island, a wrongful death claim can be filed by the surviving spouse or children of the deceased, or in some cases by the deceased's parents or other family members. The goal of a wrongful death claim is to provide compensation to the surviving family members for the damages they have suffered as a result of the death.


2. What damages can be recovered in a wrongful death claim?

There are several types of damages that can be recovered in a wrongful death claim in Rhode Island. These include compensation for medical bills and funeral expenses, lost wages and benefits, and the loss of companionship and support that the deceased would have provided. In some cases, punitive damages may also be awarded, which are intended to punish the person or entity who caused the death and to deter others from engaging in similar behavior in the future.


3. What is the statute of limitations for filing a wrongful death claim in Rhode Island?

In Rhode Island, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased's death. It's important to note, however, that there are some exceptions to this rule, and the time limit can be shorter in certain circumstances. That's why it's important to consult with an experienced Rhode Island wrongful death attorney as soon as possible if you believe you may have a claim.


4. What should you look for when choosing a Rhode Island wrongful death attorney?

Choosing the right attorney to handle your wrongful death claim can be one of the most important decisions you make during this difficult time. When choosing an attorney, look for someone who has experience handling wrongful death claims in Rhode Island, and who has a track record of success in these types of cases. You should also look for an attorney who you feel comfortable working with, and who takes the time to listen to your concerns and answer your questions.


5. How can an attorney help you with your wrongful death claim?

An experienced Rhode Island wrongful death attorney can provide you with the guidance and support you need as you navigate the legal process. They can help you gather evidence to support your claim, negotiate with insurance companies on your behalf, and represent you in court if necessary. They can also provide you with peace of mind during this difficult time, allowing you to focus on grieving and healing while they handle the legal aspects of your claim.


If you've lost a loved one due to someone else's negligence or recklessness, you may have the right to file a wrongful death claim in Rhode Island. While nothing can bring your loved one back, a successful wrongful death claim can provide you with the financial support you need to move forward. To learn more about your legal options, contact an experienced Rhode Island wrongful death attorney today.


A bicycle is parked on a dirt road in the woods.
November 20, 2024
Understanding Liability in Rhode Island Bicycle Accidents
A scale of justice is sitting on a wooden table next to a gavel, representing the topic of wrongful death lawsuits in RI.
September 25, 2024
Who Can File a Wrongful Death Lawsuit in Rhode Island?
A long exposure photo of a highway at night
September 24, 2024
Understanding the Statute of Limitations for Car Accidents in Rhode Island
A scale of justice and a judge 's gavel are on a wooden table.
July 13, 2024
Understanding Premise Liability in Rhode Island
A stack of papers tied together with a string on a table.
June 13, 2024
Estate Administration in Rhode Island: Who is in Charge?
A person is holding a cell phone with a picture of cars on the screen.
May 13, 2024
Who Determines Fault in a Car Accident in Warwick?
A notebook with the word probate written on it, representing probate law in Rhode Island.
By Jared Tomassi April 29, 2024
Dealing with the passing of a loved one is never easy, and navigating the legal process of probate can add an extra layer of stress during an already difficult time. If you are a Rhode Island resident who has recently lost a family member or friend, you may be wondering when it is appropriate to contact a probate law attorney for assistance. In this blog post, we will discuss the situations in which seeking legal guidance from a probate attorney is recommended and how they can help you through the probate process. The first situation in which it is advisable to contact a probate law attorney is if the deceased person did not leave behind a will. When someone passes away without a will, their estate must go through the probate process in order to distribute their assets according to state law. A probate attorney can help navigate this complex process and ensure that the estate is distributed fairly and in accordance with Rhode Island laws. Another reason to contact a probate law attorney is if there are disputes among family members regarding the distribution of assets or the validity of the deceased person's will. Emotions can run high during these situations, and having an experienced attorney on your side can help resolve conflicts and prevent costly litigation. A probate lawyer can act as a mediator between family members and work towards finding amicable solutions that benefit everyone involved. Additionally, if you are named as the executor of an estate, it is highly recommended to seek legal counsel from a probate law attorney. The role of an executor comes with many responsibilities, including inventorying assets, paying debts, and distributing property to beneficiaries. A probate attorney can provide guidance on fulfilling these duties correctly and efficiently, ensuring that all legal requirements are met throughout the probate process. If you suspect that someone has unduly influenced or coerced the deceased person into making changes to their will or estate plan, contacting a probate law attorney is essential. Cases of undue influence or fraud can invalidate a will or trust document, leading to disputes among beneficiaries and potential legal challenges. A skilled lawyer can investigate these claims, gather evidence, and advocate for your rights in court if necessary. Navigating the complexities of the probate process can be overwhelming for individuals who have recently lost a loved one. Seeking guidance from Tomassi Law in Rhode Island can ease some of this burden and ensure that your interests are protected throughout the proceedings. Whether you are dealing with issues related to intestacy, family disputes, executor duties, or potential fraud, an experienced lawyer can provide invaluable support and representation. Do not hesitate to reach out for legal assistance during this challenging time.
A large house with a lot of windows and a garage on a rainy day.
March 13, 2024
Important Things to Know About Buying a Home in Warwick
A scale of justice is sitting on a wooden table next to a gavel.
February 14, 2024
Understanding Wrongful Death Lawsuits in Rhode Island
A man and a woman are shaking hands in an office.
February 12, 2024
Protect Your Assets with a Trust: A Guide for Warwick Residents
More Posts
Share by: