The short answer is, yes. Every year, thousands lose their lives due to the negligent and reckless actions of individuals or companies. When someone loses a loved one due to the fault of another, the victim’s family may bring a claim for wrongful death against the responsible party. Potential monetary damages for wrongful death may include the loss of companionship and financial support, medical expenses, loss of future earnings and other funeral expenses or costs.
Massachusetts has specific laws which are designed to address claims for wrongful death. Massachusetts law provides that a person may be liable for wrongful death if a death was caused by:
- Negligence (i.e. failing to use reasonable care)
- A reckless act; or
- A breach of warranty
Massachusetts General Laws Chapter 229, Section 2 requires that a wrongful death claim be brought by “the executor or administrator of the deceased.” The administrator or executor is typically the person responsible for handling any affairs for the deceased person and following the instructions of their will.
If the decedent died without a will, steps can be taken to have a family member appointed as an executor or administrator.What Damages Can Be Recovered for the Death of a Loved One?
Damages in a wrongful death lawsuit may include recovery for:
- Lost earnings that the deceased person would have earned
- Losses for care and companionship of the deceased person
- Funeral expenses
In addition, a party may be able to recover punitive damages against the responsible party. Punitive damages are meant to punish the responsible party and are usually reserved for cases with particularly bad or reckless conduct.
The Massachusetts law firm of Curran & Desharnais, P.C. provides legal representation for families of victims who have died in accidents caused by the negligent or reckless acts of others. If someone you loved has died in a construction accident, motorcycle or car accident, bicycle accident, or because of a medical provider’s negligence or someone else who was negligent, Contact Boston area, Massachusetts Wrongful Death Lawyers immediately.Boston Wrongful Death Attorneys at the Law Firm of Curran & Desharnais, P.C.
Once we have discussed your claim, we will immediately begin investigating the circumstances surrounding your loved one’s death so that we may locate and preserve crucial evidence. Our office will also hire the right experts needed to establish liability and damages, such as accident reconstruction experts, biomechanical engineers, product design experts, forensic experts, OSHA experts, construction site experts, economists, and other medical consultants.
Depending on the circumstances of each case, we will hire the right experts to design highly impactful demonstrative evidence which may include the use of digital “reenactments,” models, photographs and videos. 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 Boston Wrongful Death Attorney at the Law Firm of Curran & Desharnais, P.C., call 781-277-3262 (toll free) or contact us online.