Wrongful Death Attorney Serving Rhode Island & Massachusetts

Legal Guidance During a Difficult Time

Losing someone because of another person’s negligence is a grief compounded by injustice. The death was preventable. Someone else’s careless or reckless conduct took a life that didn’t have to be taken, and the family left behind, the spouse, the children, the parents, is left to absorb both the loss and the financial fallout. Wrongful death claims exist to hold responsible parties accountable and to provide families with some measure of compensation for what they’ve lost. They are not a substitute for the person who died, and no one who has lost someone they love pretends otherwise. But the financial consequences of losing a family member, including lost income, lost support, and the cost of the death itself, are real and should not fall on the family because someone else failed to act responsibly. At Corrao & Robles Law, attorney Amanda L. Corrao represents families in wrongful death claims throughout Rhode Island and Massachusetts.

How Do Wrongful Death Claims Work?

Who Can Bring a Claim, What Is Recoverable, and How Each State’s Law Applies

Wrongful death claims in Rhode Island are governed by the Rhode Island Wrongful Death Act. The law allows certain surviving family members to bring a civil claim against the party whose negligence, recklessness, or wrongful act caused the death. The personal representative of the estate is typically the party who brings the claim on behalf of eligible beneficiaries. In Rhode Island, damages can include compensation for the family’s loss of the deceased’s financial support, the loss of services and companionship the deceased provided, funeral and burial expenses, and in some circumstances, punitive damages when the conduct was egregious.

Massachusetts wrongful death law operates under Chapter 229, Section 2 of the General Laws. Massachusetts allows recovery for the deceased person’s reasonably anticipated net income, the value of the care, guidance, and companionship the deceased would have provided to surviving family members, the pain and suffering the deceased experienced before death if they survived the injury for any period, and punitive damages when the death resulted from grossly negligent or reckless conduct. Massachusetts law has a meaningful punitive damages component. In cases involving gross negligence, damages may be tripled. That provision is available specifically in wrongful death cases and reflects the legislature’s recognition that the consequences of reckless conduct that kills someone demand more than compensatory damages alone.

Both states limit who qualifies as a beneficiary. In Rhode Island, spouses, children, and parents of the deceased are typically eligible. Massachusetts follows a similar framework. The specific beneficiary relationships, and how damages are allocated among them, are fact-specific questions that depend on the surviving family structure and the nature of each relationship with the deceased.

The underlying legal theory in a wrongful death case mirrors what the deceased would have been able to claim had they survived. If the death resulted from a car accident, the claim rests on the same negligence principles as any car accident case: the responsible driver breached a duty, that breach caused the collision, and the collision caused the death. The difference is that the claimant is now the estate or eligible family members, not the injured person. This means the full liability investigation, including fault determination, insurance coverage analysis, evidence preservation, is just as essential as in a survivable injury case.

Survival Claims and the Difference Between Survival and Wrongful Death

A survival claim is distinct from a wrongful death claim. A survival claim allows the estate to recover for damages the deceased person sustained before death: pain and suffering experienced between the injury and the moment of death, medical expenses incurred during that period, and other losses the deceased personally experienced. In cases where death was not immediate, where the person survived for hours, days, or weeks after the injury, both a wrongful death claim and a survival claim may be available simultaneously. Both are worth evaluating. Massachusetts expressly allows recovery for conscious pain and suffering before death as part of the wrongful death damages framework. Rhode Island also recognizes survival claims alongside wrongful death actions.

How We Can Help After a Wrongful Death

Wrongful death representation requires both thorough legal work and deep sensitivity to what the family is experiencing.

  • Investigating the cause of death and identifying every party whose negligence contributed
  • Calculating the full range of damages, including the economic value of the deceased’s future contributions to the family
  • Managing all insurance and litigation matters so the family can focus on grieving

Building a Wrongful Death Claim

  • Investigating the accident or incident that caused the death, including preserving all physical and electronic evidence
  • Identifying all liable parties and all insurance coverage applicable to the claim
  • Obtaining death certificates, autopsy reports, and official investigation records
  • Working with economic experts to calculate the present value of lost income and support over the deceased’s remaining work life
  • Retaining experts to assess the value of household services and companionship losses
  • Documenting the pain and suffering the deceased experienced before death if applicable
  • Compiling all funeral, burial, and end-of-life medical expenses
  • Analyzing whether grossly negligent or reckless conduct triggers enhanced or punitive damages under either state’s law

What to Expect: The Wrongful Death Claim Process

Estate and Beneficiary Assessment:

We identify who is qualified to bring and benefit from the wrongful death claim, and confirm that the personal representative of the estate is properly positioned to pursue the action in the relevant state. This is not a bureaucratic step, it is a legal prerequisite.

Liability Investigation:

We investigate the cause of death with the same rigor we apply to serious injury cases, because the underlying legal theory is the same. Evidence preservation, fault determination, and insurance coverage mapping all happen in this phase.

Damages Development

We work with economic experts, vocational experts, and where appropriate, life expectancy specialists to calculate the full range of damages available under Rhode Island or Massachusetts wrongful death law. This includes both economic and non-economic losses.

Negotiation and Litigation:

Wrongful death cases are vigorously defended by insurance companies and liable parties. Many resolve through extended negotiation. When they don’t, Attorney Corrao is prepared to litigate these cases through trial in Rhode Island and Massachusetts.

Why Choose Corrao & Robles Law?

Compassionate representation:

We understand these cases involve families at their most vulnerable

Full damages analysis

Economic and non-economic losses receive thorough attention

Both states

Experienced in Rhode Island and Massachusetts wrongful death law and procedure

Contingency representation

No fees unless we recover for the family

Frequently Asked Questions

The personal representative of the deceased’s estate typically brings the wrongful death claim, though damages flow to specific eligible beneficiaries, such as spouses, children, and in some cases parents, rather than to the estate generally. If no personal representative has been appointed, the court may need to appoint one, often as part of a probate proceeding running alongside the wrongful death case. Attorney Corrao coordinates with probate counsel when necessary to ensure the claim can be pursued by the right party on behalf of the appropriate beneficiaries.

Yes. Criminal prosecution and civil wrongful death claims are entirely separate proceedings with different standards. A wrongful death action in Rhode Island or Massachusetts can proceed independently of whether criminal charges are brought, whether they result in conviction, and regardless of where the criminal case stands. The standard of proof in a civil case, more likely than not, is lower than the criminal standard of beyond a reasonable doubt. Families sometimes pursue wrongful death claims even when the criminal case ends in acquittal.

Rhode Island wrongful death damages include financial loss to surviving family members, loss of companionship and services the deceased provided, funeral and burial costs, and punitive damages when appropriate. Massachusetts damages include reasonably anticipated net income over the deceased’s working life, the value of care, guidance, and companionship lost by surviving family members, conscious pain and suffering before death, and punitive damages for gross negligence or recklessness. Lost income is calculated by vocational and economic experts using pre-accident earnings and career trajectory. The non-economic component, loss of companionship and guidance, is harder to quantify but equally recognized under both states’ law.

Yes. Rhode Island’s statute of limitations is generally three years from the date of death. Massachusetts follows a similar timeline. Claims involving government entities may have shorter notice requirements that must be met before the limitations period even applies. Missing a deadline bars the claim entirely, regardless of how strong the underlying case is. Attorney Corrao reviews the applicable deadline in every wrongful death case at the initial consultation.

Both states apply comparative fault. If the deceased was found partially responsible, the wrongful death recovery is reduced proportionally. In Massachusetts, if the deceased is found more than 50% at fault, the claim may be barred entirely under the state’s modified comparative fault rule. Insurers will work to assign as much fault as possible to the deceased. Every percentage point reduces what they owe. Attorney Corrao builds the evidentiary case to counter fault attributions to the deceased from the start of the investigation.

Talk to a Wrongful Death Attorney

Nothing about the legal process brings someone back. But accountability matters, and the financial security of a surviving family matters. If you lost a loved one due to someone else’s negligence in Rhode Island or Massachusetts, Corrao & Robles Law is ready to stand with your family through this process.

Contact us today for a free consultation.