Personal injury cases generally involve another party’s negligence, recklessness, or other wrongful act. When someone is injured in a car or other type of accident, it’s a personal injury case. If someone dies from a car or other accident, it becomes a wrongful death claim.
Wrongful death is a personal injury claim that someone’s surviving spouse, children, or parents can file after someone dies.
It is a very emotional topic, since a family member must also handle the deceased’s final arrangements and affairs, such as probate. A wrongful death claim focuses on compensation for the surviving family members.
Note that a wrongful death claim is not the same as an affiliated criminal case, such as DUI, which involves justice for the deceased.
What Wrongful Death Means in Massachusetts
It’s important to understand what qualifies as wrongful death in Massachusetts. In simple terms, it is a death caused by another person’s careless, reckless, or intentional conduct. The goal is to recover compensation the deceased might have collected if they had survived the accident, to cover most of the same expenses.
Wrongful death compensation is similar to personal injury compensation. This compensation includes the deceased’s final expenses, such as hospital bills incurred before their death, as well as funeral and burial expenses.
Common Situations That May Qualify
Massachusetts law allows recovery in certain fatal accident situations, including:
- Vehicle crashes, including car, truck, or motorcycle crashes
- Medical malpractice or a delayed diagnosis for a treatable medical condition
- Dangerous property conditions (premises liability claims) that lead to fatal accidents like slip and falls
- Workplace incidents (in some cases)
- Defective products that lead to harm
- Other harmful acts, such as violence
The key to wrongful death is whether another party’s conduct was responsible for the death of the victim.
Who Can Bring the Claim
A personal representative of the deceased’s estate normally files the claim on behalf of surviving family members. These family members benefit from the recovery of compensation.
If you are not sure how to begin, speak with a Massachusetts wrongful death lawyer first. They can determine if you have a claim and guide you through the process. Massachusetts has a three-year statute of limitations to file a claim. The earlier you begin, the better.
What Must Be Proven
A wrongful death claim must include these points:
- The defendant owed a duty of care.
- The defendant breached that duty through negligence or wrongdoing.
- The breach of the duty of care caused the fatal injury
- The death resulted in damages
Evidence to prove the claim may include medical and death records, accident reports, witness statements, photos, expert opinions, and insurance records. A wrongful death attorney can help discover if everything is included as well as handle your claim.
Damages in a Wrongful Death Case
A successful wrongful death claim can recover compensation for:
- Medical expenses related to the fatal injury
- Funeral and burial expenses
- Lost income and future financial support
- Loss of companionship, guidance, and other family losses
- In some cases, additional damages depending on the facts and the type of conduct involved
The circumstances of the case will determine whether damages will be awarded, as well as how much of each type.
Why Timing Matters
Like other personal injury cases, wrongful death claims are subject to deadlines, including a three-year statute of limitations from the date of death for filing the claim.
It’s important to begin your claim immediately to capture as much evidence as possible. Evidence can disappear quickly, especially after unsafe premises incidents or vehicle crashes. If you are planning to pursue a wrongful death claim, speak with a Massachusetts wrongful death lawyer sooner rather than later so that your claim can be evaluated and evidence preserved.
How the Law Firm Can Help
A Massachusetts wrongful death lawyer can help in many ways:
- Investigate how the death happened.
- Identify liable parties and insurance coverage.
- Gather evidence and work with experts when needed.
- Handle communication with insurers and opposing counsel.
- Help the family pursue compensation while they focus on grieving and healing.
Not every tragic death will qualify as a wrongful death. However, many preventable deaths can qualify.
A Massachusetts wrongful death lawyer understands the specific laws for this type of claim, and can determine whether the facts will support one.
When you work with a lawyer, you can concentrate on handling the rest of your loved one’s affairs and caring for your family during a difficult time. The legal case for your loved one is handled by someone who understands the laws surrounding wrongful death claims. They can offer compassionate guidance, a thorough investigation, and clear communication throughout the process.
Talk To The Snow Law Firm About Your Wrongful Death Claim
If you believe your loved one’s death was from someone else’s negligence and could have been prevented, the Snow Law Firm may be able to help. Our experience with wrongful death claims can not only help you recover compensation but also offer closure so you and your family can move forward.
We handle these cases on a contingency fee basis, meaning you won’t pay any upfront fees. Until we win your case, you won’t owe us a fee for our services.
Contact the Snow Law Firm today for a free case evaluation. You can schedule your appointment online or call us at (508) 477-7100. We’ve helped many Maine families after the unexpected death of their loved one, and we can help you.
