Wrongful death occurs in the event of a life that was lost as a result of someone else’s reckless conduct. Negligence can present in many forms, but in general, it is due to the failure of acting reasonably under the circumstances.
Wrongful Deaths Are Often Due To:
- Car accidents.
- Jobsite accidents.
- Medical negligence.
- Product defects.
Damages Payable In Wrongful Death Claims:
The aim of filing a wrongful death claim is to provide compensation for the estate as well as the relatives of the deceased for the losses they have suffered as a result of the wrongful death. A wrongful death claim must be submitted within three years of the date of death.
- Loss of love and companionship.
- Loss of future net income.
- Pain and suffering.
- Loss of expectation of inheritance.
- Loss of support.
Who Can File A Claim?
- The executor of the deceased’s will or the administrator of the estate.
- A spouse or child of the deceased.
- If the deceased had no other immediate members, then other relatives can also file a claim.
An experienced lawyer that specializes in cases relating to wrongful deaths in Boston can review the information and evidence of your case and assist you accordingly.
According To Massachusetts State Law, No Wrongful Death Claims Can Be Filed:
- Against the employer of the deceased if they died while on the job.
- A person was operating a railroad when the victim was killed when walking on the railroad or not following reasonable rules.
- A person was operating a streetcar when the victim was walking on a section of the railroad which is not within the prescribed limits of a highway.
Examples Of When A Wrongful Death Claim Can Be Filed:
- After a family member died in a fatal auto accident.
- In the event of death that was caused due to a defective product.
- After a deadly slip-and-fall incident.
- When a child drowned in a swimming pool and the cause was found to be due to a negligent homeowner.
- When a doctor or healthcare provider misdiagnosed a patient or did not provide adequate care resulting in the patient dying.
- After a construction or work site accident.
- When a drug had side-effects that occurred in a patient dying.
Hiring A Legal Professional
Wrongful death is a tragic event, and the close family of the deceased person is left with psychological and financial losses. Receiving an amount of compensation can’t take away the pain of losing a loved one, but a wrongful death claim can provide relief for the financial burdens that the family is left with after losing a spouse or parent, especially if they were the sole provider for the household.
The statute of limitations for Massachusetts has a time limit for when wrongful death claims can be filed.
Therefore, it is imperative that you seek legal assistance from a qualified legal firm to assist you with your wrongful death suit.
With so many legal complexities it is vital to be represented by a competent and skilled lawyer that has comprehensive knowledge of legal matters and adequate trial experience relating to wrongful death cases.