Wrongful Death
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At the law offices of d'Oliveira & Associates, P.C., we are
committed to providing our clients in Rhode Island and SE Massachusetts
with outstanding legal representation and legal services. The services
we offer our clients who have wrongful death claims for the loss
of a loved one are no exception. When you become a client of d'Oliveira & Associates,
P.C., you can be assured that our attorneys and dedicated support
staff will be with you every step of the way.
For people between the ages of eighteen and fifty-five, the
leading cause of death is not disease or illness. In fact, the
leading cause of death for this age group is unexpected and sudden
accident. Fortunately, the legal system is designed to protect
the rights of those who have lost a loved one due to the negligence
of others. A suit for wrongful death may be filed when a person
dies as the result of someone else's negligent, reckless or intentional
act. The goal of this type of personal injury claim is to gain
compensation for close relatives, in order to help pay medical
costs and provide financial support. A wrongful death suit may
also seek damages for pain and suffering, lost wages, mental
anguish, and loss of companionship or support for the surviving
relatives.A good lawyer can help ensure that the family's emotional
suffering is not augmented with unnecessary financial stress.
What is a wrongful death lawsuit? A death caused by a product
failure or the misconduct of another person or company is a wrongful
death. A reckless act or the negligence of another person, a
malfunction of a manufactured item, or a medication distributed
by a pharmaceutical company may cause a wrongful death. When
a wrongful death occurs, the estate or surviving spouse, children
or other immediate family members (if they were dependent on
the deceased for support) may be entitled to compensation. This
compensation may be for economic or non-economic factors. The
spouse or partner may be entitled to compensation for loss of
companionship, affection and love. The children may be entitled
to compensation for the loss of guidance and support. Compensation
may include medical expenses, funeral expenses, or loss of anticipated
earnings.
The amount of the compensation usually depends on the amount
of money the wrongful death victim was able to earn. Another
factor that is usually part of the lawsuit is whether or not
surviving family members were dependent upon this income for
support. Other factors to be considered in recovering money can
include loss of companionship and loss of love and affection.
Who can file a Wrongful Death Lawsuit? In general, immediate
family members of the deceased can bring wrongful death claims.
This means that parents, spouses, and children are almost always
eligible to file a claim, although minors may need an adult guardian
to bring a suit to court.
What compensation is provided in a wrongful
death settlement?Damages awarded in wrongful death settlements
or verdicts may attempt
to provide compensation for a number of current and future financial
and emotional costs to the family of the deceased. The following
list cites some damages commonly won:
- Medical and funeral costs
- Lost wages, including future earnings
- Lost benefits
- Lost inheritance
- Pain and suffering
- Mental anguish
- Loss of support or companionship
- General damages
What is a wrongful death lawsuit's statute
of limitation? Statutes of limitations often require
that wrongful death lawsuits be
filed within a certain period of time. Usually, the time
limit extends from the time of the victim's death until the designated
cutoff. Common causes
of Wrongful Death Include
We hope that this brief discussion has
given you some insight into some of the complexities
involved in wrongful death cases.
Most importantly, if you believe that a loved one has been
the victim of a wrongful death, you need a law firm that
can handle
these cases. If we feel that our firm is not the most qualified
to handle your particular case we will be happy to use our
experience and know-how to help you find a lawyer that
can provide you with
the legal representation and dedication you deserve. To fill
out a confidential form, CLICK HERE.
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