Wrongful Death Liability and Damages
Determining liability is an essential part of a wrongful death case. When a child dies due to negligence at a daycare, the child’s family can file a wrongful death claim in Rhode Island against the liable party.
Those who may be held liable in a wrongful death case include:
- An employee or employer at the daycare center
- The company that operates the daycare center
- The owner of the daycare center
- A government agency that oversees the daycare center
There are basic elements of a wrongful death case that must be proven for the family to receive compensation for their loss. These elements are:
- The daycare facility owed you and your child a duty of care.
- The daycare facility breached the duty of care that was owed.
- The breach of reasonable care caused the death of your child.
- Your family suffered damages due to the death of your child.
Damages that you may be entitled to receive in a wrongful death claim may include:
- Medical expenses associated with the child’s death
- Funeral and burial expenses
- Loss of future earnings
- Pain and suffering
- Punitive damages
Contact an Attorney for Help
If your child has died after sustaining an injury at a daycare, contact an attorney immediately. An attorney can do the following to help with your wrongful death case:
- Investigate the incident that caused your child’s death
- Gather and preserve evidence that can show the incident was the cause of your child’s death
- Determine liability to prove that the daycare could have prevented the incident that caused your child’s wrongful death
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