This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Rhode Island Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
Wrongful death lawsuits must be filed within a certain period of time, set by a law called a "statute of limitations." In Rhode Island, a wrongful death claim must be filed within three years of the deceased person's death.
Simply put, a wrongful death lawsuit is a claim filed by the immediate family members of the deceased against a person or entity who could be held liable for the death of their loved one. The lawsuit allows surviving family members to recover damages for their loss.
Under Rhode Island law, a wrongful death claim has a minimum recovery of $250,000, 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.
Some common defenses include: Expiration of the statute of limitations, where the plaintiff has filed their claim beyond the deadline and is now ineligible to recover. Comparative or contributory negligence, where the defendant alleges the decedent's negligence contributed to their death.
Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer's opinion), witness statements, and other evidence.
The highest wrongful death settlement was $160 million.