A wrongful death claim in Rhode Island could result from hundreds of different types of causes of actions including but not limited to: car accident, truck accident, bicycle accident, pedestrian death, slip and fall, assault, construction mishap, premises liability, negligent security, medical malpractice, product liability, motorcycle crash etc.
Seeking Compensation for a fatal car, semi truck or premises liability accident in RI.
A wrongful death lawsuit is a cause of action that must be filed to seek compensation for numerous types of damage that could include:
• A loss of income
• Related medical costs and hospital bills
• Funeral expenses
• Loss of consortium and companionship
• Loss of wages
• Loss of any future earnings and inheritance
• Pain, suffering and grief
Defining Wrongful Death
Wrongful death is a legal term concerning the loss of life through recklessness, negligence or the deliberate behavior of others. To receive compensation, the survivors or their legal representatives must establish a valid claim for wrongful death proving four specific points in a court of law that include:
• The parties at fault owed a legal DUTY to the victim
• The actions or lack of actions of parties at fault constitute a breach in that responsibility
• The breach of responsibility can be directly related to the death of the victim; and
• The victim died because of the incident
In a truck collision or vehicle accident case, the surviving family members (claimants) will need to establish how all parties responsible for the accident failed TO ACT REASONABLY AND WITH DUE CARE in some manner that led to the victim’s death. This could include failing to drive in a reasonable and safe manner, maintaining the roadways properly, ensuring that the vehicle components are not defective or other factors.
The goal of discovery is to permit a litigant to obtain whatever information he may need to prepare adequately for issues that may develop without imposing an onerous burden on his adversary. Dodson v. Allstate Ins. Co., 345 Ark. 430, 47 S.W.3d 866 (2001). Imposition of sanctions for failure to provide discovery rests in the trial court’s discretion, and among the sanctions that may be imposed is prohibiting the introduction of evidence. See Coulson Oil Co. v. Tully, 84 Ark.App. 241, 139 S.W.3d 158 (2003). The supreme court has found an abuse of discretion where there has been an undue limitation of substantial rights of the appellant under the prevailing circumstances. Allen v. Greenland, 347 Ark. 465, 65 S.W.3d 424 (2002).
The thrust of Mr. Jennings’ argument is that his late production of the medical documents had no adverse effect on the appellee because Architectural Products was already in possession of all of the documents he intended to introduce. He correctly asserts that three weeks prior to trial, Architectural Products filed with the circuit clerk a “notice of filing medical records to plaintiff,” which was accompanied by hundreds of pages of medical records and bills. Mr. Jennings asserts that the medical documents filed by Architectural Products consisted of every record related to his injuries resulting from his fall at the appellee’s business. Mr. Jennings submits that because all of the medical documents he wished to introduce had already been in the appellee’s possession for at least three weeks, the appellee was not surprised and he should have been allowed to admit them into evidence. Mr. Jennings contends that the trial court abused its discretion in excluding the medical bills and records, and that the abuse of discretion placed an undue limitation on his substantial rights because he was prevented from presenting proof of the nature and extent of his injuries.
We hold that our review of this issue is precluded by appellant’s failure to make a proffer of his medical records and bills to the trial court. Arkansas Rule of Evidence 103(a)(2) provides:
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