Losing a loved one due to the negligence or misconduct of another party is a devastating experience. In Massachusetts, wrongful death claims provide a legal avenue for surviving family members to seek justice and compensation for their loss. As compassionate personal injury lawyers serving clients in Massachusetts, we understand the complexities of wrongful death cases and strive to provide helpful insights to those seeking compensation for their injuries.
What Constitutes Wrongful Death in Massachusetts?
Under Massachusetts law, wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another party. Common scenarios leading to wrongful death claims include car accidents, medical malpractice, workplace accidents, defective products, and acts of violence. Wrongful death claims are civil lawsuits filed by the personal representative of the estate for the benefit of the surviving family members of the deceased to hold the responsible party accountable and seek financial compensation for their loss.
Eligibility to File a Wrongful Death Claim
In Massachusetts, only certain individuals are eligible to file a wrongful death claim. Only the estate personal representative may file the claim for the surviving spouse, children, parents of the deceased, or any other eligible beneficiaries. It’s important to consult with an experienced personal injury lawyer to determine eligibility and understand the legal process for pursuing a wrongful death claim.
Damages Available in Wrongful Death Cases
Damages in wrongful death cases aim to compensate surviving family members for the losses they have suffered due to the untimely death of their loved one. In Massachusetts, compensable damages may include:
- Medical Expenses: Costs associated with medical treatment and care for the deceased prior to their death.
- Funeral and Burial Expenses: Expenses related to funeral services, burial, and other final arrangements.
- Loss of Financial Support: Compensation for the lost income and financial support the deceased would have provided to their family members if they had survived.
- Loss of Consortium: Compensation for the loss of companionship, guidance, and support experienced by surviving family members as a result of the death of their loved one.
- Pain and Suffering: Compensation for the physical and emotional pain and suffering endured by the deceased before their death, as well as the mental anguish experienced by surviving family members.
Examples of Typical Wrongful Death Cases
Consider a scenario where a pedestrian is struck and killed by a distracted driver while crossing the street. In this case, the surviving spouse and children of the deceased may file a wrongful death claim against the driver, seeking compensation for their loss of financial support and companionship.
In another example, imagine a patient who dies as a result of medical negligence during surgery. The surviving family members may pursue a wrongful death claim against the negligent healthcare provider, seeking compensation for medical expenses, funeral costs, and the emotional distress caused by the loss of their loved one.
Seek Legal Guidance
If you’ve lost a loved one due to the negligence or wrongful conduct of another party, you may be entitled to compensation through a wrongful death claim. Our team of experienced personal injury lawyers is here to provide compassionate support and expert legal representation to help you seek justice for your loss. Contact us today to schedule a confidential case evaluation and learn more about your rights and options in pursuing a wrongful death claim in Massachusetts.
