Braintree Wrongful Death Attorney
Wrongful death claims are a specific type of legal claim that may be filed in Massachusetts and are governed by Massachusetts General Laws Chapter 229, Section 2. The statute requires that wrongful death claims be brought by “the executor or administrator of the deceased.” An “executor” or “administrator” is typically the person responsible for handling any affairs for the deceased person and following the instructions of the decedent’s will.
If the decedent died without a will, Curran & Desharnais can help you take the steps necessary to have a family member appointed as an executor or administrator so that a wrongful death claim can be brought forward.What Type of Accidents Result in Wrongful Death Claims?
Wrongful deaths may occur in any number of ways but a common theme in these cases is that someone acted negligently or recklessly and those actions produced a tragic result. Whether these actions involved texting while driving, negligence in the operating room or hospital or lack of safety on a construction site, a victim’s family has the legal right to pursue a claim for wrongful death to hold the responsible parties accountable.What Kind of Compensation is Available for a Wrongful Death Claim?
Valuing a life is never easy but it is one of the questions that must be addressed in any wrongful death lawsuit. When a loved one is killed unexpectedly, there are many things that do not have a price tag such as the companionship, love, advice and support of a loved one.
The aim of the Massachusetts Wrongful Death Statute is to allow surviving family members to recover compensation for their harms and losses as a result of the death of their loved one. Although every case will have its own unique set of facts that will help determine the full extent of any damages, potential monetary damages for wrongful death may include:
- Recovery for any past and future medical expenses
- Recovery for the loss of financial support of a decedent
- Compensation for funeral expenses or other costs
- Compensation for the loss of companionship, support, or affection of a loved one
- Compensation for the conscious pain and suffering of the decedent
- Recovery of punitive damages, if applicable
Under the statute, only certain family members of the deceased have the legal right to pursue a wrongful death claim. Pursuant to M.G.L. c. 229, a claim for wrongful death may be brought by a surviving spouse, children, or if the deceased died without a spouse or children, the next of kin of the deceased.How Long Do I Have to File a Wrongful Death Lawsuit in Massachusetts?
While there are certain exceptions to the rule, the time period for a surviving family member to pursue a claim for wrongful death is three (3) years from the date of the event.
Again, there are exceptions to this rule and you should consult with a qualified Massachusetts wrongful death attorney to discuss the facts of the case and determine the correct timeframe to bring forward your claim.What Do I Need to Prove to Win a Wrongful Death Claim in Massachusetts?
To recover damages for a wrongful death in Massachusetts, the plaintiff must first show that the defendant acted negligently, or recklessly, and that those actions caused the decedent’s death. Once those elements have been established, the question then turns to what damages the decedent and the decedent’s loved ones have suffered as a result.Call a Braintree Wrongful Death Attorney Today
The Braintree wrongful death attorneys of Curran & Desharnais, P.C. will speak with you to discuss the facts of your case and will provide a professional assessment and opinion of potential legal claims and damages in your case.
After discussing your claim, we will take steps to investigate the facts and circumstances surrounding the event and we will work to gather and preserve important information and evidence that may be needed to establish liability against the responsible parties. We will work very hard to resolve your case out-of-court, if possible, but we will be prepared to aggressively litigate your case in court, if necessary.
We will consult with and hire the right experts needed to establish liability and damages, such as reconstruction experts, biomechanical engineers, product design experts, forensic experts, OSHA experts, construction site experts, economists, and other medical consultants.
As will all of our personal injury representations, you will not pay any fees until we recover compensation on your behalf.
To schedule a consultation with an experienced Braintree, MA Wrongful Death Attorney at the Law Firm of Curran & Desharnais, P.C., call 781-277-3262 (toll free) or contact us online.