Wrongful Death Claim

Punitive Damages and Personal Injury Cases: A Rare Option in Massachusetts Courts

American law commonly recognizes two major types of compensation, or damages, that are available to victims of personal injuries: compensatory and punitive. In general, Massachusetts and the other New England states do not allow for punitive damages. One exception to this in the Commonwealth is in wrongful death cases. Compensatory Damages: An Overview In short, compensatory damages seek to provide an equivalent dollar amount to

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Liability And Wrongful Death With Covid-19

In Massachusetts, over 8,000 people have already died from Covid-19. Besides hospitals, many of these deaths have occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties attended by excessive numbers of non-socially distanced people without masks to thousands gathering in a similar fashion to protest, many Americans—and

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My husband was in a fatal accident, can I file a wrongful death claim?

Under Massachusetts law, a person or company may be liable for wrongful death, if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty. In order to bring forward a wrongful death claim, the surviving individual must have suffered damages due to the untimely death of another. Precisely who

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Handling A Wrongful Death Claim

When a family member suspects the wrongful death of a loved one, they can file a particular type of personal injury claim known as a wrongful death claim. Even if no one is criminally responsible for the death, someone may be held civilly liable through a wrongful death claim. Common causes of wrongful death claims include accidents, defective products, exposure to hazardous materials, and medical

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