Massachusetts Wrongful Death Lawyer

The sudden loss of a loved one can be overwhelming, leaving family and friends grieving and uncertain. At such a heartbreaking time, pursuing legal action may seem like the last thing on their minds. However, because of the way the legal system operates, reaching out to an attorney soon after the death is often crucial.

The Massachusetts wrongful death lawyers in our network understand the emotional toll this period takes on a family and strive to make the legal process as smooth and manageable as possible.

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Your Guide to Wrongful Death in Massachusetts

What Is a Wrongful Death?

The term “wrongful death” refers to a legal claim made in civil court when someone dies as a result of another person’s negligence. A wrongful death lawsuit is intended to hold the responsible party accountable and provide financial compensation to the deceased’s family. Although it may not seem like sufficient justice, the law exists to ensure that those who cause harm through their actions are held liable for the loss of life.

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Most frequent wrongful death claims arise from:

  • Car Accidents
  • Trucking Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Medical Malpractice
  • Birth Injury
  • Negligent Actions
  • Defective Products
  • Slip and Fall
  • Construction Accidents
  • Workplace Injuries

What Compensation Can an Attorney Help Me Recover for Wrongful Death?

An attorney can help you recover various forms of compensation in a wrongful death case, depending on the specific circumstances and the laws of your state. Common types of damages that may be sought include:

  • Funeral and Burial Expenses: This includes the cost of funeral services, burial, or cremation, as well as any associated expenses.
  • Medical Bills: If the deceased required medical treatment before passing, an attorney can help recover those medical expenses, including emergency care, surgeries, or hospital stays.
  • Lost Wages: Compensation for the income the deceased would have earned had they survived, including future earnings and benefits, is often pursued.
  • Loss of Companionship and Consortium: Surviving family members, such as spouses or children, may seek compensation for the emotional pain and suffering caused by the loss of their loved one’s presence, guidance, and companionship.
  • Pain and Suffering: If applicable, compensation for the physical pain and emotional distress the deceased experienced before passing away may be included, especially if the wrongful death was preceded by significant suffering.
  • Punitive Damages: In cases of particularly reckless or malicious conduct, punitive damages may be awarded as a means to punish the wrongdoer and deter similar actions in the future.

An attorney can help assess the full extent of your losses and ensure that you pursue all possible avenues for compensation in a wrongful death claim.

What's the Statute of Limitations in Massachusetts for Wrongful Death?

In Massachusetts, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased person’s death or when the cause of action is discovered. This time limit ensures that the case is brought to court within a reasonable period after the death occurs.

Although three years may sound like a long time, you must contact an attorney as soon as possible to begin your claim. Evidence can disappear, and your attorney needs to act quickly to gather important evidence to support your claim.

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James Helm, Personal Injury Lawyer

Who Can Pursue a Wrongful Death Claim in Massachusetts?

In Massachusetts, a wrongful death claim can be pursued by the personal representative of the deceased person’s estate. This representative is typically appointed by the court and can be a family member or another individual responsible for handling the estate. The claim is brought on behalf of the surviving family members, such as spouses, children, or parents, who may be entitled to damages resulting from the wrongful death.

Contact a Massachusetts Wrongful Death Attorney Now

James Helm, Personal Injury Lawyer
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