Massachusetts Wrongful Death Attorney
Representing Your Loved One Who Was Taken Too Early
Someone's negligence caused the untimely and wrongful death of your loved one. It’s gut-wrenching — like a piece of you is now missing. You and the surviving family members have the legal right to file a civil wrongful death case for monetary compensation for your loss.
We know it will never make up for what happened, but money shouldn’t be a worry as you mourn and rebuild. We will represent your family in their name and bring the case to trial.
What Should You Do After an Accident that Results in a Wrongful Death?
You need to reach out to an experienced Massachusetts wrongful death attorney.
Wrongful death is a term used to describe an incident where a person lost their life as the result of negligence on the part of another. That negligence can be on the part of another person, a product, or a business.
This could be the result of an incident like a construction injury, motor vehicle accident, defective products, or many other scenarios.
Unlike other personal injury cases, this is not brought on by the affected party. The family members or a representative of the victim's estate would reach out to an attorney to pursue a case.
Steps Wrongful Death Attorneys Will Take to Build Your Claim
Reaching out to a skilled legal professional could help you hold the negligent party accountable and collect a fair settlement amount. Some of the critical steps they will take to build a solid claim for damages include:
- They will complete a detailed investigation and evidence review to find the cause of the accident and the liable party and file a claim for damages.
- Ensure they collect all the evidence needed to prove negligence in civil court.
- Research and hire experts to give testimony and strengthen your case.
- Handle insurance company communication and negotiate a fair settlement amount for your family.
A Boston, Massachusetts, wrongful death lawyer has the experience necessary to help you through the complex civil court process. They can handle insurance company communication and all the legal work needed to collect a fair settlement amount.
The Most Common Wrongful Death Case Accidents
Wrongful death can occur for countless reasons, but all involve negligence. Some of the most typical reasons for a wrongful death suit include:
- Passenger car accidents
- Motorcycle collisions
- Commercial truck crashes
- Medical malpractice
- Defective products
- Workplace accidents
- Premises liability accidents
The case must meet the requirements to show the defendant was negligent for success in recovering compensation in a wrongful death claim.
Proving Negligence in Wrongful Death Suits
The evidence must meet the three requirements to prove negligence. The three components of negligence in wrongful death cases include:
- The defendant in the legal action owed the deceased a duty of care
- They breached the duty of care
- The party's negligence and breach of duty were the direct cause of the accident leading to the untimely death
Everyone has a legal responsibility to use caution and avoid harming others when carrying out actions that could cause injuries. When they are careless or reckless, and an accident occurs, the court will hold them accountable.
Filing Civil Court Requirements and Damages for Wrongful Death Claims
Many states allow the surviving spouse or other family members to file a wrongful death action in civil court. There are different filing requirements in this state. The wrongful death civil statute only allows the executor or administrator of the deceased person's estate to file the action on behalf of the family. If the deceased left a Last Will and Testament, executor information should be there. If they did not have a will, the family must ask the court to appoint an executor for them. A successful claim could mean financial compensation to cover:
- Money for losing the deceased person's income and their future earning potential
- Payment for the loss of protection, companionship, and guidance surviving family members will face
- Reasonable medical expenses and funeral and burial costs
- Mental pain and anguish
- Loss of consortium
The court will award compensation under two major categories: economic and non-economic damages. Payment will cover all verifiable monetary losses and subjective psychological injuries. In some cases, surviving family members can also collect punitive damages for wrongful death lawsuits in this state. If the claimant proves the defendant's actions were willful, wanton, malicious, or reckless, they will meet the requirements to collect damages.
The Statute of Limitations Strictly Enforces a Time Limit for Filing Wrongful Death Lawsuits
There is a crucial court-enforced deadline surviving family members must understand in wrongful death civil actions. Under Massachusetts General Laws Ch. 229, § 2, the estate administrator must file the civil action within three years of the accident leading to the person's death. Or, three years of the date, the executor of the estate became aware they could file a wrongful death claim. The civil law and wrongful death claims process are challenging. The claimant must follow guidelines and regulations under the statutes for success. A compassionate and skilled attorney could file a wrongful death claim on your family's behalf and answer all of your questions.
No Obligations or Fees — Just Advice on Your Wrongful Death Legal Action
If negligent actions lead to the sudden and tragic loss of your loved one, civil laws could entitle you to recover a settlement. When a person is careless, or their actions are reckless, they must pay for the damages they caused the family. The compensation will not bring back the person you love, but it will allow you to hold the person accountable. The award will also help you and your family cover financial losses and get back on your feet. Contact an experienced wrongful death attorney to go over your options and schedule a good time to meet.