A wrongful death claim in Massachusetts can arise in a variety of circumstances. For example, a car accident, in which a driver, passenger or pedestrian is killed because of the negligent or wrongful actions of one of the persons involved, can result in a wrongful death lawsuit. Other common situations in which wrongful death claims and cases arise are: a doctor’s negligence resulting in a patient’s death; a construction company or worker’s negligence resulting in the death of an innocent worker; abuse or neglect at a nursing home resulting in the nursing home resident’s death; and various types of motor vehicle accidents and instances of drunken operation of motor vehicles. These are just a few examples of the many types of wrongful death cases that our Boston law firm expertly handles.
One can imagine that in dealing with the loss of a close relative or another loved one that no amount of monetary compensation can adequately compensate the grieving individual for the person’s passing away. Dealing with the immediate financial burdens in the aftermath of a loved one’s death, however, adds insult to injury. Massachusetts, like every other state in the nation, allows the wrongful death victim’s family the right to pursue a wrongful death claim against the negligent or otherwise wrongful party. A meritorious wrongful death claim can result in a substantial monetary recovery. Such awards are often in the many millions of dollars. The reason why wrongful death damages awards can be so high is because the wrongdoer must compensate the victim’s family for the multiple types of damages associated with losing a loved one, a provider or life companion.
Please remember that the specialist Massachusetts wrongful death attorneys at our Boston, MA law firm have decades of experience in handling Massachusetts wrongful death claims. Our Boston wrongful death lawyers are available to speak with you 24/7 at 617-787-3700. You can also always send us an email describing your case at email@example.com. All communications with our attorneys for the purposes of discussing your case are completely confidential, and we are delighted to provide all of our prospective clients with a free, no obligation initial consultation.
The expert advocates at our wrongful death law office have tremendous experience representing the family members of wrongful death victims who have lost their lives due to the grossly negligent actions of another person. Meritorious wrongful death cases in Massachusetts settle for significant amounts of money, often exceeding one million dollars. The compensation in wrongful death case judgments and settlements is typically attributed to various discrete types of losses, including: lost earning capacity damages and benefits, loss of consortium damages, pain and suffering damages, medical expense damages, funeral and burial costs, lost income and more.
In representing our wrongful death clients, our attorneys take special care and pride in providing respectful, communicative and personal service. We always communicate with our wrongful death clients with regard to any developments in the case. Over the years, we have earned the trust and respect of hundreds, if not thousands, of clients. Let us serve you. Let us alleviate some of your stress. Let us help you with your pain. Call 617-787-3700 right now, or email us at firstname.lastname@example.org, to set up a free, confidential consultation with one of our expert accidental death attorneys about your wrongful death case.
In order to ease any potential burdens on you, our expert attorneys will come to speak with you at your home, office, hospital or another place of your choosing, if that is more convenient for you. Of course, you are always welcome to stop by our Boston, Massachusetts law office. You can rest assured that we will not charge you a single penny for our legal services, unless we first recover a settlement for you or win a judgment in court. We do not get paid unless you get paid.
It costs you nothing to speak with us now at 617-787-3700.
Proving Your Wrongful Death Claim
In order to prevail in a wrongful death claim or wrongful death lawsuit, our lawyers must show that the alleged wrongdoer acted with negligence towards the purported wrongful death victim or acted with an intent to cause harm. Generally, negligence requires the family of the wrongful death victim to prove four elements:
(1) The wrongdoer had a legal duty or obligation to the wrongful death victim;
(2) The wrongdoer breached, or failed to uphold, his or her legal duty that was owed to the victims
(3) The injury and subsequent wrongful death were caused by the wrongdoer’s breach of duty and negligent actions; and
(4) The beneficiaries or dependents of the wrongful death victim sustained damages arising from the wrongful death.
Technically, the length of time between the wrongful act and the wrongful death is irrelevant in establishing the grounds for a monetary recovery, but the victim’s family must prove a causal connection between the wrongdoer’s negligent actions and the death of the victim. For example, in a case where the wrongful death victim failed to seek and obtain necessary medical care, and died as a result, the wrongdoer might be able to escape liability for the wrongful death because the decedent failed to seek medical care that could have prevented his or her death. Due to the fact that wrongful death claims vary a great deal, and can arise in a myriad of varying circumstances, wrongful death claims can sometimes require specialized or expert-supported proof with regard to one or more of these elements of proof.
As an example of a wrongful death lawsuit, in what is known as a product liability case, the family of the wrongful death victim would need to prove that a manufacturer failed to exercise its duty of reasonable care when making a product that is to be sold to the public. In the event that the manufacturer failed to exercise reasonable care, and a product that is unreasonably dangerous was created and causes the wrongful death of a Massachusetts resident, the product manufacturer will likely be found negligent and liable for the victim’s family’s wrongful death damages.
Under Massachusetts law, the wrongful death damages of the victim’s family may be reduced, or even eliminated, if the fact-finder ascertains that the wrongful death victim is partially or even fully responsible for his or her own death. If the jury finds that the wrongful death victim was 50% or less responsible for his or her death, then the family of the victim will still receive money damages, but the award will be reduced by the percentage of the fault of the wrongful death victim. If the deceased is found to be more than 50% responsible for the wrongful death accident, then the beneficiary or dependent of the decedent cannot recover any wrongful death damages at all.
Our expert Massachusetts attorneys specialize in wrongful death cases and know all the ins and outs of Massachusetts wrongful death law. Our Boston injury lawyers have extensive experience in helping our Massachusetts clients to establish the lowest level of comparative fault, which results in the highest possible monetary recovery. Call 617-787-3700 right away or email us at email@example.com.
In some cases, the beneficiary or dependent of a wrongful death victim may be partially responsible for the death of the decedent. Although Massachusetts law prohibits family members from filing wrongful death lawsuits against one another, a beneficiary who is found to be partially liable for the wrongful death accident may still be able to recover wrongful death damages. In order to get the lowest level of comparative negligence, and the highest possible wrongful death damages compensation, please call our Massachusetts wrongful death attorney professionals right away.
Our Boston personal injury lawyers and Boston, MA wrongful death lawyers are available 24 hours a day, 7 days a week, at 617-787-3700, for a free and confidential consultation regarding the merits of your wrongful death claim. Our expert Massachusetts attorneys have been professionally honored by being selected as Massachusetts Super Lawyers and New England Super Lawyers by Boston Magazine, as Boston’s Best Lawyers and Lawyer of the Year by the Boston Globe, and for inclusion in the national and respected publication, The Best Lawyers in America.
Our attorneys specialize in and handle all types of wrongful death lawsuits arising in a multitude of differing scenarios. Our wrongful death attorneys work closely with the following specialists at our firm to get you the maximum available wrongful death damages:
Massachusetts Construction Site Accident Lawyers
Boston Nursing Home Abuse Lawyers
Boston Truck Accident Lawyers
Massachusetts Electrical Accident Injury Lawyers
Boston Product Liability Lawyers
Boston, Massachusetts Medical Malpractice Lawyers
Massachusetts Burn Injury Lawyers
Boston Slip and Fall Lawyers
Massachusetts Drunk Driving Personal Injury Lawyers
Boston, Massachusetts Sexual Harassment Lawyers
Boston, Massachusetts Worker’s Compensation Lawyers
Boston, Massachusetts Bus Accident Lawyers
Massachusetts Asbestos Injury Lawyers
Boston, MA Car Accident Lawyers
Massachusetts Aviation Accident Lawyers
Massachusetts Premises Liability Lawyers
Boston Personal Injury Lawyers
Massachusetts Explosion Accident Lawyers
Boston, Massachusetts Medication Error Lawyers
Boston Motorcycle Accident Lawyers
Boston Birth Injury Lawyers
Boston, MA Dog Bite Lawyers
Massachusetts Toxic Mold Lawyers
Boston Bicycle Accident Lawyers
Boston Train Accident Lawyers
Massachusetts ATV Accident Injury Lawyers
Massachusetts Negligent Security Lawyers
Boston, Massachusetts Food Poisoning Lawyers
Boston, Massachusetts Sports Recreation Accident Injury Lawyers
Lead Poisoning Personal Injury Lawyers
Boston, Massachusetts Delayed Diagnosis of Cancer Lawyers
Boston Snow and Ice Accident Lawyers
Please call 617-787-3700 right away, or send an email to firstname.lastname@example.org, to begin discussing your available legal options and remedies in your wrongful death case.
Your needs are our top priority!