Wrongful Death
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What is Wrongful Death?
Who can bring a Wrongful Death Lawsuit?
Damages for Wrongful Death
Common Causes of Wrongful Death
Why do I Need a Wrongful Death Attorney?
At the law offices of d'Oliveira & Associates, P.C., we
are committed to providing our clients in Rhode Island and Southeastern
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. Please contact d’Oliveira & Associates,
at 1-800-992-6878 or CLICK
HERE for a free consultation.
What is Wrongful Death?
Wrongful death is caused
by an individual, company or entity’s
negligent, reckless or wrongful action. Product failure, malfunction
of a manufactured item or distributed medication can all cause
wrongful death. 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. A suit for wrongful death may be filed when
a person dies as the result of someone else's negligent, reckless
or intentional act.
back to top Who can bring a Wrongful Death Lawsuit?
Close
relatives can bring wrongful death lawsuits; typically it is
the spouse or children of the person who died. However,
the decedent’s parents and
siblings may also file suit. In Massachusetts, the spouse, children and parents
are given priority to file a wrongful death lawsuit. However, siblings and
grandchildren are also permitted to sue. If the only person who can bring the
wrongful death lawsuit is a minor, the court may appoint a guardian ad litem
to oversee the matter. Guardian ad litems are appointed to oversee a single
litigation in the court system and act in the best interests of the minor child.
Most states will set some limits on the number of people who can bring a wrongful
death lawsuit. The purpose of a lawsuit is for the people who were financially
and emotionally dependent on the decedent to recover compensation for their
loss. In most instances, it would be limited to immediate family. To bring
a wrongful death lawsuit, you need to show your loved one’s death was
caused by the negligent, reckless or intentional act of another and that your
loved one’s death has caused you emotional and financial hardship.
back to top Damages
for Wrongful Death
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 good lawyer can help ensure that the family's emotional suffering is not
augmented with unnecessary financial stress. 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.
Such damages include:
- Medical and funeral costs
- Loss of future income
- Loss of benefits, pension, insurance
- Loss of inheritanc
- Loss of services and companionshi
- Mental anguish
- Pain and suffering
- Punitive damages
The amount of damages can never fully reflect
all that your loved one provided for you and your family. It
is meant to help relieve
any financial burden you
may be suffering from during this difficult time. There are many factors
looked at when determining the amount of damages, including your
loved one’s
age, character and condition, earning capacity, life expectancy and health
and intelligence.
In addition, work done inside and outside of the home will be considered, including
housecleaning and childcare. In some states punitive damages can be recovered,
but not in all. Punitive damages are generally awarded when it is found the
party liable for your loved one’s wrongful death acted in an intentional
or malicious manner. Punitive damages are not common damages in most wrongful
death lawsuits.
back to top
Common Causes of Wrongful Death:
Unfortunately there are many
causes of wrongful death. Wrongful death can happen in many
different circumstances, which no
one can predict. Common
causes include:
- Medical Malpractice
- Auto Accidents
- Motorcycle Accidents
- Construction Accidents
- Slip and Fall Accidents
- Defective Products
- Brain Injuries
- Nursing Home Abuse
back to top
Why do I Need a Wrongful Death Attorney?
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. Wrongful
death lawsuits can be complicated and confusing. You need someone
who can make sure you and your family receive the financial help
you need. There are also time implications in filing a wrongful
death lawsuit. You need to contact an experienced wrongful death
attorney, call us at d’Oliveira & Associates, 1-800-992-6878.
To fill out a confidential form, CLICK
HERE.
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