Massachusetts Wrongful Death Lawyers

Massachusetts Wrongful Death Lawyers

The pain of losing a loved one is indescribable. It can be even more tragic when someone’s negligence or wrongdoing caused their death. Wrongful death claims can give families who have lost a loved one to someone else’s negligence or wrongdoing consolation in the form of justice and financial compensation.

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What is Wrongful Death?

According to Massachusetts law, if someone killed someone else through wanton or reckless behaviour, a breach of warranty, or negligence (without taking reasonable precautions), then that person, business, or even the government may be held accountable for wrongful death. If the deceased individual would have been able to file a personal injury claim for the incident had they survived, then a wrongful death claim may be viable.

Making Wrongful Death Claims

In any circumstance when negligence or misconduct results in a death, surviving family members may file a claim for wrongful death. Wrongful death claims, for instance, may arise:

  • Following a deadly car accident
  • When a defective product leads to death
  • Following a fatal trip and fall
  • When a child falls into a negligent homeowner’s pool and drowns
  • When a doctor or healthcare practitioner delivers subpar care
  • Following a fatal construction accident
  • When a drug causes death due to unexpected adverse effects
  • or other related incidents.

The Role of a Lawyer in a Wrongful Death Case:

A wrongful death lawyer acts as your representative, guiding you through the legal process and providing guidance based on years of specialised expertise.

  • Case Evaluation: In order to provide a solid basis for your claim, they will thoroughly evaluate your claim, collect relevant evidence and determine who is legally responsible.
  • Legal strategy development: They will create a legal plan that is specific to your case, negotiate with insurance providers and, if necessary, take legal action in court.
  • Empathy and Support: In addition to legal competence, a competent attorney will provide emotional support by recognizing the seriousness of your loss and alleviating the stress of the legal process.
  • Maximizing Compensation: Having wrongful death claim expertise means being able to appropriately assess the validity and value of your claim and guarantee that you are fairly compensated for your losses; including both financial and emotional impacts.
  • Deadline Management: Legal counsel can ensure that all legal filings are completed within Massachusetts’ statute of limitations and manage other important due dates throughout the process.

Who is liable for damages in a wrongful death case in Massachusetts?

In a wrongful death case, the party responsible for causing the death will be held accountable for damages. This could be an individual, a group of people, or even one or more companies or organizations. It is possible to include more than one defendant in a wrongful death claim. Your Massachusetts wrongful death lawyer can assist you in identifying every potential defendant in your claim.
To establish liability in a wrongful death claim, a plaintiff must demonstrate that the defendant violated the duty of care they owed to the deceased by their actions or inactions. The plaintiff must also demonstrate that the death was brought about by the defendant’s negligence.

Statute of Limitations in Massachusetts Wrongful Death Cases

According to Massachusetts law, a wrongful death claim must typically be filed within three years of the death or within three years of the executor or administrator of the estate learning of the cause of death. There is a deadline for families to submit a case. This is why it is critical to work with a skilled Massachusetts wrongful death lawyer right away.

What Types of Damages Can be Recovered in Wrongful Death Claims?

In contrast to personal injury claims, wrongful death cases have slightly different damages available. You will need to file a survival action in order to get compensated for any medical costs you had before your loved one passed away. The kinds of damages that are clearly specified in the Massachusetts wrongful death law are available to you.
Our attorneys will work to obtain the highest settlement permitted by Massachusetts law, which may include payment for:

  • Loss of reasonably expected income.
  • Loss of protection and care 
  • Loss of services
  • Loss of support, comfort, and guidance from a loved one
  • Loss of social interaction and company
  • Costs associated with burial and funerals
  • Pain and suffering

Contact Wrongful Death Lawyer in Massachusetts Today!

Markey Law Partners is prepared to offer you the advice you need. Their skilled team is committed to assisting you obtain justice and compensation for your loved one’s loss.

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