How are wrongful death damages distributed among family members in Rhode Island?

How Families Share in Wrongful Death Damages

In Rhode Island, wrongful death damages are typically distributed among eligible family members considered beneficiaries under state law. These beneficiaries can include the surviving spouse, children, parents, and sometimes other dependents or individuals financially impacted by the deceased's passing. Wrongful death cases can be complex, and it’s essential to understand precisely how damages are distributed among family members. The Rhode Island wrongful death attorneys at Kirshenbaum & Kirshenbaum can help you navigate such complexities.

What Is Wrongful Death?

When a person dies because of someone else’s negligence or wrongdoing, their surviving family members have the right to pursue justice on the victim’s behalf. While nothing can turn back the clock and prevent the death from occurring, financial compensation can help ease the burden of such a loss. Wrongful death cases aim to hold negligent parties responsible for the role they played in a person’s passing. Kirshenbaum & Kirshebaum can help families who have lost loved ones to accidents, car crashes, workplace deaths, and more.

Wrongful Death Damages

Economic Damages

These damages aim to compensate for the financial losses suffered by the deceased's family as a direct result of the death. Economic damages may include the loss of financial support, medical expenses, and funeral costs.

Non-Economic Damages

These damages address the emotional and intangible losses experienced by the surviving family members due to the death of their loved one. Non-economic damages may include pain and suffering and a loss of companionship.

Punitive Damages

In certain cases involving egregious misconduct or gross negligence on the defendant's part, punitive damages may be awarded. Punitive damages are intended to punish the defendant and deter similar behavior in the future rather than compensate the plaintiff for their losses.

Distribution of Damages Among Surviving Family

It’s important to note that the distribution of damages may not necessarily align with the individuals who file the wrongful death lawsuit.

While the personal representative or executor of the deceased's estate often hires a Rhode Island wrongful death attorney on behalf of the beneficiaries, the damages recovered do not automatically belong to the representative or executor. Instead, they are meant to compensate the beneficiaries directly for the losses they have suffered as a result of the death.

Identifying Wrongful Death Beneficiaries

In cases where there is a surviving spouse and children, wrongful death damages are typically divided among them. Rhode Island law dictates that the surviving spouse is entitled to one-half the recovery, and the surviving children are entitled to one-half the recovery.

The surviving spouse may receive all the damages if there are no children. However, if there are no surviving spouse or children, the damages may be distributed to the deceased’s next of kin as defined by Rhode Island’s laws of intestacy. Often, this will be the deceased's parents or other siblings.

Understanding the exact distribution of damages can be complex and may require a Rhode Island wrongful death lawyer’s insight to prevent unnecessary disputes and legal challenges.

Why You May Need a Kirshenbaum & Kirshenbaum Wrongful Death Lawyer

Navigating the legal process of seeking wrongful death damages in Rhode Island can be daunting, especially for families already grappling with the emotional aftermath of their loss. This is where the guidance of an experienced Rhode Island wrongful death attorney becomes invaluable.

The skilled attorneys at Kirshenbaum & Kirshenbaum can guide families through each step of the legal proceedings. We’ll be there to gather evidence and build a strong case. We can negotiate with insurance companies or opposing parties on behalf of the beneficiaries. Our team can also provide invaluable support and advocacy, ensuring that the family's rights are protected and that they receive fair and just compensation for their loss.