Understanding Wrongful Death Claims

Definition of a Wrongful Death Claim

Reckless, criminal or negligent acts that result in the death of an injured person traumatize and sometimes shatters families. The abrupt, unexpected loss of a family member emotionally scars everyone in the family. The grief and inability to answer why is overwhelming. On top of the emotional loss, if the victim is a wage earner the consequences may be financially devastating. There are often significant medical bills that must be paid. These cases require compassion, skill and patience, as well as an unbowed determination to fight for justice.

A wrongful death claim is a civil lawsuit that seeks compensation for the loss of a loved one due to the negligence or wrongful act of another party. Wrongful death claims can arise from a wide range of situations, including medical malpractice, car accidents, and product liability, just like any other type of personal injury claim.

The goal of a wrongful death claim is to hold the responsible party accountable and provide financial compensation to the surviving family members. A wrongful death claim is a claim for the surviving family members. When a wrongful death happens, the entire family is injured. The damage to a spouse or parent is devastating, not only because of the loss of the person but also because it changes a family’s financial situation.

Examples of Situations That Can Lead to Wrongful Death

Virtually any kind of accident can result in fatal injuries. Some of the most common causes of wrongful death lawsuits that our wrongful death lawyers have handled include the following:

• Medical negligence, such as misdiagnosis or surgical errors
• Motor vehicle accidents, including drunk driving or reckless driving
• Product liability, such as defective products or faulty manufacturing
• Workplace accidents, including construction accidents or industrial accidents
• Nursing home abuse or neglect
• Any other kind of fatal accident
• Criminal acts or intentional acts

Who Can File a Wrongful Death Lawsuit?

In Massachusetts, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit to recover compensation from the at fault party. It is necessary to apply to the Probate and Family Court before family members can pursue a wrongful death claim in civil court. In Massachusetts, wrongful death lawsuits are typically filed in the Superior Court for the county in which the deceased person lived.

If there is a will, the Probate and Family Court will appoint whoever is named in the will to be personal representative of the estate. If there is no will, a judge will appoint someone to that role. Persons who can serve as personal representative include:

• A surviving spouse
• A biological or adopted child
• A parent
• A sibling or other close blood relatives

Establishing Proof in a Wrongful Death Case

There are several things that the wrongful death lawyer and the legal team must prove in order to bring a wrongful death action. These include the same facts that the lawyer must prove in any personal injury lawsuit: negligence, causation and damages.

Establishing Negligence in a Wrongful Death Claim

The wrongful death lawyer must establish that the defendant failed to exercise reasonable care.

The wrongful death lawyer must show that the defendant’s actions or inactions were negligent or reckless.

The wrongful death lawyer must establish that the defendant’s breach of duty caused the death of the loved one.

Proving the Chain of Causation

The wrongful death lawyer must establish that the defendant’s actions or inactions caused the death of the loved one. The wrongful death lawyer must also show that the defendant’s breach of duty caused the death of the loved one, and must establish that the death of the loved one resulted in damages to the surviving family members.

Proving the Amount of Damages

The damages that are recoverable in a wrongful death lawsuit differs from the damages that are available in other personal injury lawsuits. In both types of cases, the plaintiff can recover the medical expenses incurred by the injured person. In addition to medical bills, there are additional types of damages that are recoverable only if family members file a wrongful death lawsuit.

The Role of a Wrongful Death Lawyer

In order to understand what does a wrongful death lawyer do, there are two distinct roles for attorneys in pursuing a wrongful death lawsuit. First, an attorney must file a petition in the Probate and Family Court to open up a probate case, also called a probate estate.

The purpose of setting up a probate estate is to appoint a personal representative who is responsible for collecting and then distributing the assets of the deceased individual. This includes hiring a wrongful death attorney who will file the wrongful death lawsuit, which is typically filed in Superior Court. If the wrongful death attorney is unable to negotiate a fair settlement from the insurance companies for the at fault party, the attorney must be willing and able to file a wrongful death lawsuit and take the case to trial in order to obtain fair compensation for the wrongful death claim.

Our experienced wrongful death attorneys can handle both tasks — setting up the probate estate in the Probate and Family Court, and filing the wrongful death lawsuit in Superior Court. However, if another lawyer has already set up the probate estate, we can then pursue a wrongful death action on behalf of the estate.

Choosing the Right Wrongful Death Lawyer

What to Ask a Wrongful Death Lawyer

What experience do you and your legal team have with wrongful death cases?

What is your success rate with wrongful death cases?

How will you communicate with me throughout the case?

Do you have experience with taking a wrongful death lawsuit to trial?

What Are the Most Important Things to Know About My Case?

What are the strengths and weaknesses of my wrongful death claim?

What are the potential damages and compensation for the wrongful death claim?

What is the timeline for the case?

Filing a Wrongful Death Lawsuit

How Long Does a Family Have to File?

The statute of limitations for filing a wrongful death lawsuit varies by state.

In Massachusetts, the statute of limitations to bring a wrongful death claim is three years from the date of the death.

The family must file the lawsuit within the statute of limitations to avoid being barred from pursuing compensation for a wrongful death claim.

Wrongful Death Lawsuit Process

A wrongful death suit will proceed much like civil lawsuits on any other personal injury claim. If the loved one’s death is the result of medical malpractice, the wrongful death lawsuit will be subject to the specialized laws and rules that apply to medical malpractice cases. We will need to hire medical professionals to act as expert witnesses to explain the negligent acts that resulted in the death. If the death of a loved one is the result of a car accident, the wrongful death lawsuit will proceed much like any other car accident case. As with other personal injury cases, wrongful death lawyers who bring a wrongful death action will often negotiate with the insurance companies for the responsible parties who will provide legal representation for the negligent party.

What Is a Deposition?

The deposition is an important part of the discovery process. Witnesses are questioned by an attorney, and the questions and answers are taken down by a stenographer who will create a transcript of what was said.

The deposition is an important part of any wrongful death claim, because it is used to gather evidence and build a strong case.

The deposition can be used to impeach the defendant’s testimony.

How Long Does It Take to Settle Wrongful Death Claims?

The length of time it takes to bring a wrongful death claim varies.

Some wrongful death claims may settle quickly, while others may take years to resolve.

Like all personal injury cases, the length of time it takes to settle a wrongful death claim depends on the complexity of the case and the willingness of the parties to negotiate. Hiring an experienced wrongful death lawyer is essential to allow family members to pursue a successful wrongful death claim for a loved one’s death.

Compensation and Settlements

What Damages Are Awarded in a Wrongful Death Case?

Under Massachusetts law, there are several types of damages that can be recovered from the at fault party in a wrongful death lawsuit. One principal wrongful death claim involves the loss of the deceased family member’s society, emotional support, advice and counsel, love and affection, companionship, friendship and other similar losses. Each family member experiences these losses in a different manner, and it is critical an expert personal injury lawyer learns and understands the non-economic damages which each family member has experienced.

Often there is also an economic claim for the surviving family members who were economically impacted by the loss of someone who provided financial support. It is brought by the family. A loss of a deceased person’s income is one example. This is a claim for actual money lost by the family from lost wages and future expected earnings and other income as a result of the person’s death. In addition, family members can recover burial expenses.

Another wrongful death claim which must be fully investigated and understood by the wrongful death lawyer is for damages for the conscious pain and suffering endured by the person who died between the time of the incident, and the time the person dies. Sometimes this time period can be as short as a matter of minutes or even seconds; other times the pain and suffering can last for months or even years. The conscious pain and suffering claim is brought by the estate of the deceased person, for the benefit of the estate, along with a claim for the medical expenses incurred between the time of the incident that caused the victim’s death and the time that the wrongful death occurs. Any recovery by the estate will then be distributed to the heirs of the person who died in accordance with Massachusetts law.

When a spouse has been the victim of a wrongful death, there is often a claim by the surviving spouse for loss of consortium suffered during the period between the incident and the passing of the deceased spouse. This can be anywhere from hours to years prior to the deceased spouse passing as a result of the incident. The surviving spouse is entitled to be compensated for all the suffering they experience as a result of the physical injury to the injured spouse prior to their passing.

Damages may also include punitive damages, which are intended to punish the defendant for their actions. Punitive damages are only available in cases where the death is the result of gross negligence by the defendant.

The amount of damages awarded in a wrongful death case depends on the specific circumstances of the case. Another important facts is the amount of insurance coverage available under liability insurance policies. You will need an experienced wrongful death attorney to take on the insurance companies who will likely resist paying a fair settlement for the untimely death of a loved one.

Is There a Cap on Wrongful Death Damages?

Massachusetts does not have a cap on wrongful death damages.

Tax Implications and Fees

Do You Have to Pay Taxes on a Wrongful Death Settlement?

The proceeds of a wrongful death settlement or jury verdict are not taxable by the IRS.

Conclusion

You May Be Entitled to Compensation Following the Wrongful Death of Your Loved One

If you have lost a loved one due to the negligence or wrongful act of another party, you may be entitled to compensation from the person responsible. This article should help you answer the question of what does a wrongful death lawyer do.

An experienced wrongful death lawyer knows the wrongful death laws and knows what evidence is needed to prove wrongful death. Most wrongful death cases settle, but many have to be tried before a jury. It is critical to hire an experenced lawyer who can help you navigate the complex legal process of filing a wrongful death lawsuit. It is essential to have good legal representation in order to pursue compensation for the loss of the deceased individual.

A wrongful death lawyer is a specialized type of personal injury lawyers has years of experience with all types of personal injury claims and can help you establish proof and build a strong case.

Contact a Wrongful Death Lawyer for Guidance and Support

To summarize, what does a wrongful death lawyer do?

• A wrongful death lawyer can provide guidance and support throughout the process.
• A wrongful death lawyer can help you understand your rights and options.
• A wrongful death lawyer can help you pursue compensation and justice for your loved one’s death.

Massachusetts Wrongful Death Lawyer

If you have a family member involved in a wrongful death case, please contact our experienced personal injury attorney immediately at 508-543-3700. Our legal team is standing by to help. Time is very important with wrongful death cases