What Should You Do if Your Loved One Was Involved in a Fatal Accident on I-95 Today in Rhode Island?
Losing a loved one due to a fatal accident on I-95 in Rhode Island has likely left you feeling shocked, overwhelmed, full of grief, and with many questions as to exactly what happened. In addition to the emotional turmoil you may be experiencing right now, many families also face significant financial strains that make dealing with the emotional consequences even more difficult.
After the loss of a loved one due to an accident on Interstate 95, it is important that you are aware of your rights. If negligence played a role in the car wreck that cost you your loved one, you may be able to file suit to obtain compensation from the responsible party’s insurance company. While no amount of money can bring your loved one back, being able to pay the bills helps remove stress from your shoulders as you navigate your grief journey and try to move forward as a family.
In cases where negligence played a role in the accident, you have the right to file a wrongful death claim. By doing so, you hold those responsible accountable for their actions or lack thereof.
It is important to consult with an experienced attorney who has extensive experience in handling complex wrongful death claims. They will guide you through the legal process and help gather the evidence necessary to build a strong case, as proving negligence is key when seeking compensation for your loss.
Why is a Crash Investigation So Important?
After losing a loved one in a fatal accident, law enforcement will perform a thorough investigation to determine what took place at the time of the accident. The investigation generally focuses on determining the specific factors that contributed to the accident and who is liable. Law enforcement will generally review the current weather conditions, whether any vehicles were speeding, whether any drivers were impaired, or if any possible defects to the vehicles caused the crash.
An investigation is extremely important when it comes to holding the responsible party to account. This can be done in terms of civil liability and criminal liability, depending on what actually caused the crash to occur. The investigative process will help to determine who is at fault and whether any criminal charges are applicable.
In addition to determining if any criminal charges are possible resulting from the crash, a thorough investigation is important when it comes to pursuing insurance claims. Families of victims are often able to recover compensation for some of the losses that they face. The investigation helps insurance companies determine liability and the appropriate compensation to be paid to the victims’ families.
The investigative process can also provide some closure to families by providing them with information regarding what caused the accident to take place. It can help to answer any questions that they may have about why their loved one was taken from them.
In addition to the investigation performed by law enforcement, it is always in your best interest to have a private investigation performed. In most cases, this is done by reaching out to a wrongful death attorney, who will be able to utilize their extensive resources and access to experts to thoroughly investigate the crash. Having an attorney conduct an investigation is critical when it comes to taking legal action and filing a wrongful death claim.
How to File a Wrongful Death Claim in Rhode Island
When a loved one loses their life in a fatal accident on I-95, the pain and grief can be overwhelming. During this very difficult time, it is important to understand your rights and options for seeking justice through a wrongful death claim in Rhode Island.
Filing a wrongful death claim is not something you would want to attempt by yourself without a lawyer, especially if you have never filed a legal claim before. Thankfully, with the right guidance and support, you can navigate through the legal process effectively. The first step is to consult with an experienced attorney who has experience handling complex fatal car crash cases.
Your attorney will guide you through gathering necessary evidence, such as police reports, medical examiner reports, medical records, and any other relevant documents and evidence that prove negligence or fault on behalf of the responsible party. This evidence will be crucial in building a strong case for your claim. In many cases, attorneys work with experts who can reconstruct the accident to show what occurred and what factors contributed to the incident taking place.
Once all necessary documents are collected, your attorney will help you file the wrongful death lawsuit within the statute of limitations period set by Rhode Island law. It is essential to act quickly as there are strict time limits for filing these types of claims.
Statute of Limitations for Wrongful Death Case
In Rhode Island, R.I. Gen. Laws § 10-7-2 states that entitled parties have a period of three years from the date that their loved one passed away to file a claim for wrongful death. However, there are some circumstances that can lessen the amount of time that your family may have. This makes it essential that you seek guidance from an attorney right away to ensure your claim is filed on time and accurately.
Who Can File a Wrongful Death Claim in Rhode Island?
In Rhode Island, the personal representative of the estate is the party that is legally entitled to take legal action following a fatal accident on I-95 today in Rhode Island. In most cases, this individual is the deceased’s surviving spouse, adult child, or parent.
During the wrongful death claim process, the plaintiff must prove that negligence contributed to the fatal crash. This involves showing evidence that concludes that the deceased victim lost their life as a direct result of negligence and would not have otherwise lost their life had it not been for the defendant’s actions. Examples of negligence include distracted driving, speeding, driving while drunk or high, running a stop sign, and any other behavior that would be considered illegal or deviating from the standard duty of care expected from all drivers on the roads.
Recovering Damages for a Fatal I-95 Crash Today in Rhode Island
After a fatal I-95 accident, entitled parties are able to seek compensation for damages that they face. Under Rhode Island law, the minimum amount of compensation that a person is able to recover for a wrongful death claim is $250,000. In many cases, damages are often awarded in excess of this amount. There are several types of damages that a person can recover compensation for. These include:
- Funeral and Burial Expenses: Costs related to funeral arrangements and burial.
- Medical Costs: Expenses incurred for medical treatment.
- Pain and Suffering: The suffering experienced by the deceased at the time of death and its impact on surviving family members.
- Property Damage: Damage to property resulting from the incident.
- Loss of Companionship: The emotional void created by the loss of a loved one.
- Loss of Future Income: Calculated based on the deceased’s potential lifetime earnings.
In addition to these damages, Rhode Island General Law § 28-5-29.1 specifies that entitled parties may be able to recover punitive damages so long as they can demonstrate that the defendant’s conduct was motivated by ill will or malice. They can also recover these damages by proving that the fatal accident involved reckless indifference to the rights of the deceased victim.
How a Wrongful Death Lawyer Can Help with Your Case
If you are considering pursuing a wrongful death claim after the loss of a loved one on Interstate 95 crash in Rhode Island, it is highly recommended to consult with a seasoned attorney who can assess the viability of your case. When selecting legal representation, consider an attorney with experience and knowledge in personal injury law, particularly in wrongful death cases. An attorney can provide valuable assistance throughout the entire legal process by:
- Constructing a Strong Case: This involves investigating the incident thoroughly and collecting essential evidence, including photographs of the accident scene, medical and autopsy reports, statements from witnesses, and the death certificate detailing the cause and manner of death.
- Assessing Case Value: Your attorney can evaluate the potential worth of your case and determine whether you have the legal standing to initiate a claim as a personal representative.
- Negotiating Compensation on Your Behalf: They will handle all negotiations with involved parties and insurance companies, aiming to secure a fair settlement.
- Managing Documentation: Your attorney will handle all of the paperwork and ensure compliance with state-specific deadlines and requirements.
- Representation in Court: In the event that a settlement cannot be reached by your attorney and the negligent party, your legal team will represent your interests at trial, and fight for a favorable verdict or jury award in your favor.
- Protecting Your Rights: Throughout the entire legal process, your attorney will protect your rights and interests, ensuring you receive fair and full compensation for your loss.
It is undeniable that dealing with the loss of a loved one due to a fatal accident on I-95 in Rhode Island can be incredibly difficult. We want you to know you are not alone. Our team of seasoned wrongful death attorneys is here to help.
Reach out to our team at i95accidentalerts.com to set up your free consultation.