Massachusetts Wrongful Death Lawyer
Boston Attorney Dedicated to Helping Bereaved Families
A serious accident such as a car crash or a slip and fall can shatter a victim’s life. When the accident results in a fatality, however, the consequences are devastating and life-changing. Boston wrongful death lawyer Barry Feinstein understands what a family experiences when a loved one is lost suddenly and tragically as a result of another party’s negligence.
Although no amount of money can truly make a family whole again, it can help offset the financial impact of the accident and the victim’s absence. In a wrongful death lawsuit, the representative of the decedent’s estate seeks compensation for all expenses associated with the accident and the decedent’s passing.
Our team of experienced legal professionals will ensure that your family receives the full amount of compensation that you deserve during this time while treating you with the compassion that is appropriate after such a difficult loss.
Situations Involving Fatal Accidents
Fatal accidents can happen in a wide range of situations. One of the most common examples involves motor vehicle accidents, such as bicycle accidents, motorcycle accidents, and truck accidents.
These crashes involve victims who are more susceptible to serious injuries, such as a motorcyclist being ejected from his or her motorcycle or a bicyclist who lacks external protection. Slip and fall accidents and other accidents on the property can also lead to unfortunate deaths.
If a landowner does not ensure that staircases are in good working order or that balconies are safe for guests, the consequences can be deadly. Defective products have also been associated with wrongful death claims. If a product or device is not sufficiently safe for someone to use, it can lead to life-threatening injuries.
Household appliances, children’s toys, and pharmaceuticals are just a few examples of dangerous products linked to unfortunate deaths. A wrongful death attorney in the Boston area can help families take legal action against manufacturers. Finally, medical malpractice and nursing home negligence can lead to unnecessary deaths.
If a medical professional fails to diagnose a condition on time or a nursing home resident does not receive the thorough and appropriate care needed, life may be lost.
What is a Wrongful Death Claim?
Wrongful death occurs when someone’s negligent or irresponsible behavior leads to the loss of another person’s life. In civil court, legal action can be initiated to address wrongful death.
It’s important to note that wrongful death claims are distinct from criminal cases, as they focus on seeking compensation rather than punishment. In Massachusetts, wrongful death cases can be established on the following grounds:
Negligence
Negligent acts refer to situations where a person fails to take reasonable care in specific circumstances. When such a failure to exercise proper care leads to someone’s death, it can give rise to a wrongful death lawsuit.
For instance, if a distracted driver causes an accident resulting in the death of a victim, it can be an example of a wrongful death case based on negligence.
Willful, Wanton, and Reckless Acts
Wanton, willful, or reckless conduct refers to actions that carry a significant probability of causing substantial harm to another person. For a wrongful death lawsuit to be based on this standard, the defendant must intentionally or knowingly ignore an unreasonable risk.
To hold someone accountable for wrongful death under this standard, their conduct must be the direct cause of another person’s death. For example, if a supervisor instructs an employee to clean a hazardous machine while it is still operating, leading to the employee’s death, it can be a case of wrongful death due to wanton, willful, or reckless conduct.
Breach of Warranty
A breach of warranty occurs when there is a violation of either an explicitly stated or implied promise within a contract. In the context of a Massachusetts wrongful death case, a breach of warranty could involve a situation where a defective product leads to someone’s death.
Manufacturers are expected to provide products that are safe for public use, and this expectation is known as an implied warranty. If an individual loses their life due to a harmful or faulty product, the manufacturer can be held accountable in a wrongful death lawsuit based on a breach of warranty.
To determine if this standard applies to a specific case, it is advisable to consult with our skilled Massachusetts wrongful death lawyers who can offer further guidance to the victims.
Negligence on the Part of a Common Carrier
Common carriers refer to individuals or companies that transport passengers or goods in exchange for a predetermined fee. A typical example of a common carrier would be a taxi driver. While all drivers are expected to drive responsibly and abide by traffic regulations, common carriers are held to an even higher standard of care.
Consequently, if a passenger loses their life due to the failure of a common carrier to exercise proper care, it can lead to a wrongful death lawsuit. If you are a victim seeking justice in such cases, our wrongful death lawyer can assess the details of your situation to determine if you have a valid claim based on the negligence of the common carrier.
A wrongful death lawsuit aims to secure financial compensation for the family of the victim. Its purpose is to hold the negligent party responsible, although it does not result in criminal penalties. It is important to note that you can still seek damages for wrongful death even if criminal charges are being pursued.
Additionally, compensation can be obtained even if the responsible party did not have any intention to cause harm.
Who Can File a Massachusetts Wrongful Death Claim?
When someone’s death is a result of the negligent, reckless, willful, or wanton actions of others, it may warrant the initiation of a wrongful death lawsuit. In Massachusetts, the appropriate party to bring forth a wrongful death action is the executor or administrator of the deceased person’s estate.
Typically, the deceased’s will identifies the administrator, but if there is no will, the court will appoint one. This appointed administrator will handle various responsibilities such as settling debts, managing estate affairs, and initiating the wrongful death claim. Therefore, it is crucial to seek the guidance of our wrongful death attorney in Massachusetts to establish the estate before proceeding with the wrongful death claim.
According to Massachusetts General Laws Chapter 229 Section 2, the individuals entitled to seek compensation are the spouse, children, and sometimes the parents or siblings of the victim. The claim must be pursued through the estate of the deceased, and it is the personal representative of the estate who brings forth the claim.
In some cases, one or more of these individuals may also serve as the administrator of the estate or a third party may be appointed as the administrator. It is important to note that being a beneficiary of the wrongful death lawsuit is not a requirement to serve as the administrator.
If the deceased person was unmarried at the time of their death, their next of kin would be the beneficiaries of the estate.
What is Negligence in a Massachusetts Wrongful Death Claim?
Although a wrongful death claim and a personal injury claim are distinct, they share a common requirement for the plaintiff to demonstrate the same fundamental circumstances. Four factors need to be proven: duty, breach of duty, causation, and damages.
Duty
“Duty” refers to the legal responsibility of the person or entity named as the defendant to ensure a reasonable level of safety for the deceased individual. The specific definition of this duty varies depending on the case’s circumstances, but it essentially means that the defendant should have taken appropriate actions or refrained from certain actions to prevent harm to others.
Breach of Duty
“Breach of duty” simply means that the other party failed to fulfill their obligations. For example, in a car accident, it could be argued that the other driver breached their duty by texting or being distracted, neglecting their responsibility to drive safely.
Causation
“Causation” requires the plaintiff to demonstrate that the death of the deceased person was a direct result of the defendant’s breach of duty.
Damages
Since it is evident that someone has died in a wrongful death case, “damages” are presumed. As a plaintiff, you may seek compensation for various losses, such as loss of income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice provided by the deceased individual.
Additionally, funeral and burial expenses can also be included among other applicable damages.
Seeking Compensation in a Wrongful Death Claim
If you have lost a loved one in an accident, a wrongful death claim may be appropriate for your family and you. Massachusetts has specific rules that govern how this type of claim can be asserted and who must file the claim. The personal representative of the decedent’s estate must assert the claim on behalf of the estate.
This is the individual who will be named as the plaintiff. If the decedent did not appoint someone to serve as their representative, the court will appoint an appropriate individual.
In the lawsuit, the plaintiff and their Boston wrongful death attorney must show that the defendant owed the decedent a duty of care, that they did not use the appropriate care and skill at the time of the accident, and that this failure was a direct and foreseeable cause of the decedent’s passing.
This can be a difficult process, depending on the complexity of the accident and the facts surrounding the sequence of events leading up to the fatality. It can be necessary to consult with expert witnesses to explain how the accident occurred and why the defendant’s conduct was ultimately to blame.
When it comes to damages that can be recovered, the plaintiff can seek compensation for any medical expenses, funeral and burial expenses, and other costs directly associated with the accident. Massachusetts also allows the surviving family members to seek damages for items like loss of consortium and reasonably expected income.
If any compensation is awarded in the wrongful death lawsuit, it is awarded to the estate to be distributed under the decedent’s estate plan.
What is Massachusetts’ Statute of Limitations for Wrongful Death Claims?
The Commonwealth of Massachusetts has established a specific time limit, known as the statute of limitations, within which potential plaintiffs must file their wrongful death lawsuit in court. To comply with this time limit, estate administrators should initiate wrongful death actions within three years.
The countdown for the statute of limitations begins on the date of the death or when the administrator became aware, or reasonably should have become aware, of grounds for the wrongful death lawsuit. Essentially, you have a three-year window from the date of death to officially file your lawsuit with the court clerk.
If the plaintiff fails to file the lawsuit within the statute of limitations, the court will dismiss the case, preventing the family members from presenting their arguments. Although there are some exceptions to the statute of limitations, it is not advisable to rely on them to extend the time limit beyond the three-year mark.
Preparing wrongful death claims can be a time-consuming process. The administrator, in collaboration with our accomplished Massachusetts wrongful death attorneys, will need to identify the beneficiaries, gather evidence, and prepare the necessary court documents.
If you have not yet sought the assistance of a Massachusetts wrongful death attorney, you must do so as soon as possible.
Why Do I Need a Wrongful Death Lawyer in Massachusetts?
While financial matters may not be your top priority during such a difficult time, pursuing legal action may be necessary to safeguard your family’s future. Securing the necessary funds can be challenging, especially when dealing with insurance companies. Despite their friendly demeanor, insurance companies are primarily focused on safeguarding their profits rather than prioritizing the well-being of your family.
By selecting a personal injury lawyer from the Law Offices of Barry Feinstein & Affiliates P.C., you will have a dedicated professional whose primary objective is to protect your best interests. When you engage our services, our skilled Massachusetts wrongful death lawyer will:
- Conduct a thorough investigation to determine the party responsible for your loved one’s accident
- Gather sufficient evidence to support your claim and validate your position
- Engage the services of experts and specialists who can provide testimony to bolster your case
- Stand up against the insurance company’s attempts to shift blame onto your loved one for the accident
- Engage in negotiations to secure the maximum compensation your family is entitled to receive.
Our team of skilled lawyers has extensive experience assisting individuals affected by accidents in Massachusetts. We are dedicated to putting in the necessary effort to ensure you receive the highest possible compensation.
Simply reach out to us and schedule a free consultation with our wrongful death attorney, who will provide valuable assistance tailored to your specific needs.
Consult Knowledgeable Wrongful Death Lawyers in Boston or Surrounding Cities
If you believe that you lost a loved one as a result of another person’s negligence, you must speak to a knowledgeable attorney as soon as possible to explore your legal rights and options. We have assisted families in the areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody.
Our law firm can also assist you with Birth Injuries, Construction Accidents, Dog Bites, Medical Malpractice, and Premises Liability. The team at The Law Offices of Barry Feinstein and Affiliates P.C. will fight diligently on your behalf. To schedule your free consultation, call us or contact us online to get started.
