(401) 467-2300
Losing someone you love because of another person’s carelessness is a kind of loss that no legal claim can undo. Yet in the weeks that follow, families are often left facing funeral costs, lost income, and an insurance company focused on paying as little as possible, all while they are still grieving.
Our Cranston wrongful death lawyers help families hold the responsible party accountable through a wrongful death claim, and they pay no fee unless we win. As a family-owned firm ourselves, we answer our own phones, so when you call, you reach a principal, Peter or Mark Gemma, not an intake center.
When you reach out, you are under no obligation to decide anything immediately. Our conversation is free, and we can help you understand your options and whether a claim makes sense, whenever you are ready to talk.
Call (401) 467-2300 for a free, confidential consultation. We are available 24/7.
What Is a Wrongful Death Claim in Rhode Island?
A wrongful death claim is a civil case brought when a person dies because of someone else’s negligence or wrongful act. It allows the family and the estate to recover for the losses that the death caused, from financial support to the loss of a loved one’s companionship. It is separate from any criminal case and does not require one.
Under Rhode Island’s wrongful death law, a party who would have been liable to the injured person had they survived the accident can be held responsible for the death. These claims commonly follow fatal car and truck crashes, medical negligence, and dangerous property conditions. Our Rhode Island wrongful death lawyers can explain how the law applies to what happened to your loved one.
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Why Choose Gemma Law for a Cranston Wrongful Death Claim?
Cranston families choose us because we offer direct access to experienced attorneys, a successful track record built over decades, and the compassion of a family firm that understands what is at stake.
We were founded in Providence by Alfred J. Gemma and are still run by the same family today, so we understand what family means. Our attorneys handle their own cases from the first call through resolution, and together we bring over 100 years of combined legal experience to injury and wrongful death work.
Peter Gemma is admitted in Rhode Island, Massachusetts, and the U.S. District Court for the District of Rhode Island. Mark Gemma serves as president of the Rhode Island Association for Justice.
We hold a 4.9 client rating from the people we have represented. When a loss raises questions beyond the wrongful death claim itself, our Cranston personal injury lawyers can help you through the legal process
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Who Can File a Wrongful Death Claim in Cranston?
In Rhode Island, a wrongful death claim is generally brought by the executor or administrator of the person’s estate, on behalf of the surviving family. Spouses, children, and parents may also recover for their own losses, such as the loss of a loved one’s companionship. Who is entitled to file and how any recovery is shared are set by state law.
The rules governing who may bring the claim, along with the filing deadline, are set forth in section 10-7-2 of the wrongful death statute. If no executor has been appointed, or one does not act within a set time, the family’s beneficiaries may bring the claim themselves. We can help you determine who should file and ensure the case is brought properly.
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Do You Need a Lawyer for a Wrongful Death Claim in Cranston?
Working with a lawyer to bring a wrongful death claim is critical because these cases are high-stakes and the responsible party’s insurer will defend them aggressively. Proving what happened, identifying everyone responsible, and valuing a lifetime of losses takes work that grieving families should not have to shoulder alone. Our attorneys can carry that weight for you.
Insurers know these claims involve significant losses, and they often move quickly to limit what they pay, sometimes before a family has had time to grieve, let alone consider their rights. Our role is to handle the investigation, paperwork, and negotiation, so you can focus on your family while we pursue accountability on your family’s behalf.
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How Much Does a Cranston Wrongful Death Lawyer Cost?
Hiring us costs nothing up front. We handle wrongful death claims on a contingency fee basis, so our fee comes only when we recover compensation for you. You don’t pay unless we win.
The last thing a grieving family should have to weigh is whether they can afford a lawyer. The contingency model means you can pursue accountability without paying out of pocket, and your first conversation with us is always free and carries no obligation.
Call (401) 467-2300 today for a free, confidential case review.
What Compensation Is Available in a Rhode Island Wrongful Death Case?
Compensation in a Rhode Island wrongful death case is meant to address both the family’s losses and the estate’s. It can include the income and support the person would have provided, funeral and medical expenses, and the loss of their care, companionship, and guidance. What any case is worth depends on its specific facts.
Rhode Island law also allows recovery for the pain and suffering your loved one endured before death, and it sets a minimum recovery of not less than $350,000 when a party is found liable for a wrongful death. In cases of especially reckless conduct, punitive damages may be possible.
No reputable lawyer can promise a settlement figure before reviewing the facts. However, we can explain what typically drives value in a case like yours.
How Do We Build a Wrongful Death Case in Cranston?
We handle a wrongful death case with both rigor and care, treating your family’s loss as more than a file. That means investigating how the death happened, identifying all responsible parties, and documenting the full scope of the loss, while keeping you informed at a pace that respects what you are going through.
Serious cases often involve more than one responsible party and more than one insurance policy, so finding each source of accountability is part of building the claim. When a case calls for it, we work with medical and other qualified experts to establish what went wrong.
Many fatal cases arise from crashes on Cranston’s roads, and our Cranston car accident lawyers handle those claims as well. We prepare every case as if it may go to trial, because that readiness is often what leads to a fair resolution.
Frequently Asked Questions About Cranston Wrongful Death Claims
How long do we have to file a wrongful death claim in Rhode Island?
In most cases, our state’s wrongful death statute of limitations requires claims to be filed within three years of the date of death. Some situations, such as a death whose cause was not known at the time, can change when that clock starts. Because the deadline is firm, reaching a lawyer sooner rather than later helps protect your family’s rights.
Is a wrongful death claim the same as a criminal case?
No. A wrongful death claim is a civil case brought by the family and estate to recover compensation, while a criminal case is brought by the state to punish wrongdoing. The two are separate, and you do not need a criminal case or conviction to pursue a wrongful death claim.
Can we still file if our loved one was partly at fault?
Possibly. Rhode Island’s comparative negligence rule applies when an injured person is partially at fault for the accident. If your loved one was partly at fault, their share of fault reduces the recovery rather than ending it. Because insurers often try to shift blame onto the person who died, having a lawyer review the facts can protect the value of the claim.
Can more than one family member be involved in a wrongful death claim?
Yes. Rhode Island law allows certain family members, such as a spouse, children, and parents, to recover for their own losses, so a claim can involve more than one person. We can explain how that works for your family and help everyone move forward together.
Does Gemma Law handle wrongful death claims from any kind of accident?
Yes. We handle wrongful death claims arising from fatal car and truck crashes, medical negligence, unsafe property, and other causes. If you are not certain whether your loved one’s death gives rise to a claim, we can review what happened and tell you honestly. That conversation is free.
Talk With the Cranston Wrongful Death Lawyers at Gemma Law Associates to Learn More
Alfred Gemma
No claim can bring back the person you lost, but holding the responsible party accountable can ease the financial weight your family now carries and bring a measure of closure. When you are ready, we are here to listen, with no pressure and no obligation, and a conversation costs you nothing.
Call (401) 467-2300 any hour of the day or night, or visit our Providence office at 231 Reservoir Ave. We help families throughout Cranston and Rhode Island. The call is free and confidential, and you pay no fee unless we win.
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