How a Personal Representative Brings a Wrongful Death Claim

Responsibilities of a Personal Representative

An important aspect of any wrongful death case is proving that negligence contributed to the cause of death. When the deceased’s personal representative files the claim, he must be able to show the following:

The death of the family member was the direct result of the liable party’s negligence, and the death would not have occurred if it was not for the liable party’s actions

That they are legally entitled to bringing forth a claim on the deceased’s behalf as a personal representative

Damages such as financial loss have resulted due to the death of their loved one

The responsibilities of personal representative may include:

Meeting with and deciding on an attorney to use for the case

Discussing and agreeing on a fair settlement amount for the claim

Being active throughout the case by completing necessary paperwork and giving statements related to the life and death of the deceased

Going to trial, if needed

Recovering Damages From a Wrongful Death

There are many reasons that a personal representative may want to bring forth a wrongful death lawsuit after a loved one has suffered a fatal injury. Some reasons are:

Liability.

Holding the negligent party liable can help prevent a similar incident from happening in the future and give you and family members closure.

Compensation.

Losing a loved one can come with a financial burden. There may be expenses associated with the death that are now your responsibility. A wrongful death claim can help you recover damages and ease the burden of costs associated with the loss.

To determine a fair settlement amount for the case, there are different factors that will be considered. Under Rhode Island law, a wrongful death claim has a minimum recovery of $350,000, but damages can often be awarded in amounts over $250,000. Some damages that may be compensated for in a wrongful death claim are:

Medical expenses
Funeral and burial expenses
Loss of future wages and income earnings, taking into account the amount of money that the deceased would have earned during their lifetime
Pain and suffering of the deceased at the time of their death and the impact the death has on the living family members
Loss of companionship and care
Property damage
Punitive damages

To determine who is liable in the case, you will need to prove that the accident that led to the death of your family member could have been prevented, and the responsible party failed to protect your loved one by taking appropriate actions. A wrongful death can be the result of the following:

Automobile accident
Motorcycle accident
Product liability
Medical malpractice
Workplace accident
Negligence at a daycare center or nursing home
Slip and fall

In addition, wrongful death claims can be filed against an individual, company, government agency, hospital, employer, or even sports organizations.

How an Attorney Can Help

If you want to file a claim for the wrongful death of a loved one, speak to an experienced attorney to determine if you have a case. When choosing an attorney, look for someone who has experience in personal injury cases, specifically in wrongful deaths. An attorney can help with your case by:

Building a strong case against the liable party by investigating and gathering necessary evidence such as photos of the scene, medical and autopsy reports, testimony from witnesses, and the death certificate that shows the cause and manner of death
Determining what the case is worth and if you have a right to bring forth a claim as a personal representative
Handling all negotiations between parties and insurance companies
Filing paperwork and adhering to deadlines as required by the state
Representing you at trial if a settlement cannot be reached
Protecting your interests and rights in the case

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