Boston Wrongful Death Lawyers
Compassionate Attorneys, Experienced in Wrongful Death Claims
A Massachusetts wrongful death claim alleges that the decedent was killed as a result of negligence (or other liability) on the part of the defendant, and that the surviving dependents are entitled to monetary compensation for damages. Wrongful death claims are brought in a civil action by close relatives of the deceased. In order to sue for wrongful death in Massachusetts, it must be proven that the defendant's wrongful conduct created a natural, direct series of events that led to the decedent’s death. The defendant can be a person, a business entity, or an organization.
Wrongful death statutes vary from state to state, but they generally hold that a valid wrongful death claim must satisfy the following four requirements:
- The death was caused, in whole or part, by the conduct of the defendant.
- The defendant was negligent or strictly liable for the decedent’s death.
- There is a surviving spouse, children, beneficiaries, or dependents.
- The decedent’s death resulted in monetary damages.
Boston Wrongful Death Lawsuit
Fatalities caused by a number of circumstances may necessitate wrongful death claims, including Massachusetts medical malpractice, Boston motor vehicle, airplane or train accidents, animal attacks, occupational exposure to dangerous conditions or substances at Massachusetts jobsites, defective products, or recreational accidents, among others.
The following types of damages may be recovered in a Boston wrongful death suit:
- Medical and funeral expenses related to the death
- Loss of victim's anticipated future earnings
- Loss of benefits caused by the victim's death (e.g. pension, medical coverage)
- Loss of inheritance, pain and suffering
- Loss of care and companionship to the survivors
- General damages
- Punitive damages.
Depending on the state in which the wrongful death claim is filed, some of these damages may be barred or restricted.
Massachusetts Wrongful Death Attorneys
A Massachusetts wrongful death claim may be denied if it is filed after the statute of limitations has run out. If you have a valid claim for wrongful death, it is vital that you speak with one an experienced wrongful death lawyers at the Shepard Law Firm of Boston, Massachusetts today. They can advise you of your legal rights and provide representation in a Boston wrongful death lawsuit.