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South Kingstown Wrongful Death Lawyer

Families who lose a loved one in a tragic accident experience profound emotional and financial consequences and typically feel unsure of what to do next. They may be confused about the next steps or what their legal rights are in these cases. In Rhode Island, wrongful death laws allow families to recover compensation when a loved one dies due to someone else’s negligence or misconduct.

At Rob Levine Law, our compassionate South Kingstown wrongful death attorneys handle even the most complex claims. Let our team handle the legal process on your family’s behalf, allowing you to focus on grieving and healing. Contact our law office today to schedule an initial consultation.

Find out what your case is worth.

How Rob Levine Law Can Help With Your Wrongful Death Claim

For over 25 years, our team has helped more than 50,000 individuals secure compensation in personal injury and wrongful death claims. We have secured over $2 billion in disability benefits and compensation through our aggressive approach. With offices across Rhode Island and New England, we make it easy to access a member of our team.

When you partner with Rob Levine Law, you gain a legal advocate who will do the following for you:

  • Thoroughly investigate the circumstances of your loved one’s death
  • Develop a legal strategy to pursue full compensation for your losses
  • Handle all communications with the insurance companies and the opposition
  • Negotiate for a settlement that fully compensates your family
  • Reduce the stress that comes from these cases
  • Prepare and file all legal paperwork correctly and on time
  • Litigate your case aggressively
  • Advocate for you at trial, if necessary
  • Adhere to strict ethical standards and prioritize yourself and your family

Our case results and client testimonials demonstrate the effectiveness of our representation.

Hear From Our Satisfied Clients

What To Expect During the Wrongful Death Claim Process in South Kingstown

We are dedicated to keeping our clients informed throughout the claims process to minimize surprises for families already dealing with so much. In the aftermath of a loved one’s wrongful passing, schedule an initial consultation with our team to receive a free, intensive case evaluation. Our attorneys will then conduct a thorough investigation into the incident to establish the cause of your loved one’s death,  identify liable parties, and collect crucial evidence to support your claim.

Once we have the necessary information, our team will handle all legal details and file the claim. We’ll negotiate with the opposition and their insurance company and litigate your case. Our goal is to secure fair compensation on your behalf that fully reflects the losses your family has experienced as a result of this tragedy.

Do the Details of a Wrongful Death Affect the Process?

The circumstances of a wrongful death can significantly impact the investigative approach. For example, below are just a few of the common types of cases our team works on and how we go about navigating them:

  • Auto Accidents: The investigation will focus on gathering police reports, witness testimony, and any physical evidence from the scene, such as skid marks or vehicle damage. The focus of these cases is on whether the at-fault party violated any traffic laws or operated their vehicle in an unreasonably unsafe manner. Key details may include who was driving at the time of the collision and whether the road conditions, defective part, or improper maintenance played a role in the accident.
  • Medical Malpractice: Our team will review your loved one’s medical records, consult with healthcare professionals, and potentially hire medical experts to assess whether the medical provider breached the accepted standard of care. These cases typically require expert testimony to establish liability.
  • Defective Products or Dangerous Consumer Goods: If a wrongful death resulted from the use of a defective product, such as a faulty car part or an unsafe appliance, we will gather evidence to prove the product was defectively designed, manufactured, or marketed.

Who Can I Hold Responsible for a Wrongful Death Claim in South Kingstown?

In South Kingstown, a wrongful death claim seeks accountability and compensation from those whose negligence or misconduct caused the victim’s death. A range of parties, including the following, may be liable in a claim:

  • Drivers: If another driver’s actions have contributed to the death, they may be held liable. For example, a Rhode Island trucker under the influence of alcohol collides with another vehicle on Route 1 near South Kingstown Town Beach, leading to the other driver sustaining fatal injuries.
  • Healthcare providers: Medical professionals must provide the accepted standard of care to their patients, and failure to do so may constitute malpractice. For example, if a doctor, nurse, or any other healthcare worker at South County Hospital causes fatal harm through medical negligence, they may be liable.
  • Manufacturers: Companies that produce consumer goods can be held liable for deaths caused by product defects.
  • Employers: Rhode Island employers may be vicariously liable for their workers’ actions. In addition, they can be held accountable for their own negligence.
  • Government entities: Government agencies and municipalities may be responsible if they fail to meet their duty of reasonable care for operations under their watch. For instance, if poor road conditions on Broadway or faulty infrastructure in downtown South Kingstown contribute to a fatal accident, they may have resulted from negligence by a government entity.

Available Damages in a Wrongful Death Claim

Three primary forms of compensation may be available to the surviving family that files a wrongful death claim. The amount you may be entitled to in any given situation depends on the extent of the damages, the degree of fault of the defendant, and the strength of the case. However, Rhode Island law mandates a guaranteed minimum recovery of $350,000 for all successful wrongful death claims.

In general, the estate can pursue economic and non-economic damages in a wrongful death claim. Economic damages cover the tangible, financial impacts, such as:

  • Funeral and burial expenses
  • Medical bills
  • Lost wages and income
  • The loss of support that the deceased would have provided

Non-economic damages are much more subjective, consisting of compensation for the following:

  • The deceased’s pain and suffering leading up to their death
  • Loss of companionship of a surviving spouse or children

In cases involving malice, ill will, or reckless indifference to another’s rights, the court may award punitive damages. These seek to punish the defendant and deter future misconduct.

How Rhode Island’s Pure Comparative Negligence Affects a Wrongful Death Claim

Rhode Island has a pure comparative negligence law that applies to wrongful death claims. Under R.I. Gen. Laws § 9-20-4, the estate can recover damages even if the victim was partially at fault for the incident, as long as they weren’t entirely to blame. However, the total amount will be reduced by the percentage of fault.

For example, if a wrongful death claim is valued at $1 million, but the victim is found to have been 25% at fault for the accident, the estate may still recover damages. However, the award would be reduced by 25%, meaning the estate could recover $750,000 instead of the full $1 million.

What Happens If I Miss the Statute of Limitations?

Every state has a statute of limitations setting the deadline for filing a claim. Rhode Island’s statute of limitations for wrongful death claims is three years from the date of death. If you miss the statute of limitations, a court will likely dismiss your case, and you will lose the opportunity to pursue a claim for your loved one’s death. Thus, it is essential to speak with an attorney about your case as soon as possible.

Get Legal Support From Our South Kingstown Wrongful Death Attorneys

One of the most critical steps to take following a loved one’s fatal accident is to consult our wrongful death lawyers. Our attorneys can work quickly to determine the cause of the death, identify the responsible parties, and preserve key evidence. They’ll also handle all negotiations and push back against lowball offers from insurers that fail to fully compensate your family.

At Rob Levine Law, we understand that a wrongful death is never easy to overcome, and the surviving family may need time to process everything before they reach out for legal support. Our compassionate team is here for you when you are ready. We can meet with you remotely or in person, and are willing to travel to you if that is easier.

Under our Fee Free Guarantee®, you’ll pay nothing unless we secure compensation for you. We emphasize total transparency about our fees, offering a standard contingency fee rate of 33% in all personal injury cases, and a discounted rate of 25% for first responders and military members.

We’ve earned a reputation for tirelessly pursuing justice for those in need. When you are ready, call us at (888) 791-9135 to learn more. We are available 24/7 to take your case.

Wrongful Death FAQs

What Does Rhode Island Consider a Wrongful Death?

Under R.I. Gen. Laws § 10-7-1, a wrongful death occurs when someone dies due to another party’s wrongful act, neglect, or misconduct that would have supported a personal injury claim if the person had lived.

The deceased’s executor or administrator typically files the claim on behalf of beneficiaries, while certain family members may bring separate claims for loss of companionship as detailed in R.I. Gen. Laws § 10-7-2.

In a personal injury action, the injured person files a claim for their own damages. Meanwhile, a wrongful death claim is brought by a deceased victim’s estate or certain family members to recover losses resulting from the death.

Yes, if an employee caused the fatal incident while acting within the scope of their job, the employer can often be held vicariously liable in certain circumstances.

If your loved one has died from a boating accident on Point Judith or in the waters surrounding South Kingstown, report the incident, preserve evidence, and consult an attorney to evaluate the case under maritime and state liability laws, which often overlap in boating fatalities.

A fair offer should reflect all economic and non-economic damages resulting from the death, including medical bills, lost wages, and loss of companionship. Most cases begin with negotiations, but litigation may be necessary if the insurer disputes liability or undervalues damages. An attorney can help determine whether to proceed based on risk, evidence, and potential recovery.

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Office Location

South Kingstown, RI

1220 Kingstown Rd,
South Kingstown, RI 02879

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