Civil Lawsuits and Wrongful Death
When a person's death is caused by wrongdoing or negligence on the part of an outside party or incident, family members and loved ones can rightfully seek damages and bring a civil lawsuit to fruition. This is also known as a wrongful death case.
Every state has its own set of rules in determining negligence in a wrongful death case. The State of Massachusetts, in particular, defines wrongful death as such:
A person or company may be liable for wrongful death if the person or company causes the death of another by:
- Negligence or failing to exercise reasonable care
- A wanton or reckless act
- A breach of warranty
The takeaway here is that, in all three cases, a wrongful death claim can be filed if the person could have filed a personal injury suit based on the same incident if he or she had survived.
Again citing The State of Massachusetts Law, it does not allow wrongful death claims against:
- An employer when an employee dies on the job
- A railroad when the deceased person was killed in an accident while on, or near, the train tracks
- A streetcar company when the deceased person was killed in an accident while on, or near the tracks, at any point where the tracks do not cross a road or sidewalk
In having this information in your back pocket, our Firm can help you understand all of your options as it relates to your specific case, and in accordance with Massachusetts Law.
Pursuing Damages on Behalf of a Loved One
Fighting for your loved one after he or she tragically died due to another person's error is a courageous act and one that you won't have to fight alone with our attorneys by your side.
Together we're going after damages, as part of a wrongful death lawsuit, in which we may be able to recover the following compensation:
- The value of the income your deceased loved one could have reasonably earned in his or her lifetime based on earnings before the accident, as well as other means of income
- Reasonable funeral and burial expenses
- Hospital bills related to procedures or surgeries, if applicable
- Any other outstanding bill or expense as a direct result of the injury
Like other laws in Massachusetts, the State sets a three-year deadline to file a wrongful death claim. Preparation is key here, and starting in the building of a case sooner, rather than later, is important in not only meeting the State's deadline but ensuring a fresh perspective on the case.
We Can Help You File a Wrongful Death Claim
We empathize with your loss and think every client's personal story of loss is meant to be heard. While we can't bring a loved one back, we can help you look forward, fight for your loved one's legacy and seek justice as it's due.
We're ready to hear your story if you're ready to tell it. Contact us and schedule a free consultation or phone call with our team of knowledgeable wrongful death attorneys: (781) 279-1822.
The Law Offices of Matthew T. Desrochers provides services to the following counties—Essex, Suffolk and Middlesex.