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d'Oliveira & Associates Helps Rhode Island Estate Receive the Maximum Compensation Under RI Law of $250,000 Settlement for Fatal Auto Accident
Date:12/25/2012

emainder of their lives minus all the anticipated expenses of that party adjusted for current market value. However, for parties where the expected future income is very little or negligible, as in the case of elderly persons, the Rhode Island Statute 10.7.2 limits the recovery for wrongful death acts at $250,000.

Attorney Paul d’Oliveira stated that “$250,000 was the maximum compensation allowed by law under the Wrongful Death Statute in RI as the woman had no surviving spouse and no earning capacity, thus I feel it was an excellent settlement. It is unfortunate that the RI Wrongful Death Statute does not allow an estate and heirs to recover more money in this type of case, but the law is the law and unfortunately we were bound by it. I personally would like to see the law changed and anyone who is negligent should at a minimum be liable to pay at least $1,000,000 for the wrongful death of another person, but it is up to the Legislature in RI to change the law.”

In studies conducted by the U.S. Department of Transportation's Federal Highway Administration, it is reported that in 2010 alone, there were 87,606 auto accidents occurring in work zones. Additionally, 2010 saw 514 specific car accidents at construction zones resulted in 576 fatalities. That meant, on average, a fatality resulting from a construction zone accident occurred every 15 hours. Therefore, even when construction crews know of the hazards caused by their operation on busy roads and that even when those same companies try to mitigate the risks and improve safety, the threat of auto accidents at construction sites resulting in severe harm and death is still significant.

Source: http://www.ops.fhwa.dot.gov/wz/resources/facts_stats/injuries_fatalities.htm

d’Oliveira & Associates is a Rhode Island and Southeastern Massachusetts law firm t
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