What You Should Know Before Pursuing a Wrongful Death Claim in Providence

by | Mar 16, 2021 | Law Firms

When a loved one dies in an accident, it can be helpful to consult a wrongful death attorney in Providence, RI. A lawyer can help you determine if negligence or intentional malice contributed to the accident, which would classify it as a wrongful death. Additionally, you should be aware of the following aspects of this type of claim.

Only Certain People Can File a Claim

One of the first things to know is that the courts limit who can file a wrongful death claim. Generally, the person filing must be a close family member, such as a surviving spouse, adult child, or a parent of an adult child. In some cases, a grandparent or a life partner may be able to file.

There is a Statute of Limitations

You should consult a wrongful death attorney in Providence, RI, as soon as possible because the time you have to file is limited. In most states, the statute of limitations is two years from the date of the death. If you don’t file the lawsuit with the court within that two-year time frame, you’ll be unable to file.

A Jury Can Award Punitive Damages

Your lawyer will recommend a list of damages you can claim in the suit, such as funeral expenses, loss of income, loss of consortium, and other types of compensatory damages. Punitive damages are different in that they’re intended to punish the defendant rather than compensate the plaintiff for their loss. The jury awards punitive damages and the amount they award can be anything from $1 up to several millions of dollars.

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