If you had to cope with the death of a loved one, due to the fault of another, you may be entitled to compensation for medical bills, lost income and pain and suffering, among other losses. Our firm handles wrongful death cases for car and motorcycle accidents and we also are working with experienced wrongful death lawyers in Rhode Island and Massachusetts. There is no fee unless you get an award or settlement. Contact us toll free or online for a free (no obligation) case evaluation.
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What Is a Wrongful Death?
A wrongful death occurs when a person dies through the fault of another. Wrongful death cases often result from accidental injuries to the victim, but they can also result from intentional and malicious injuries. If someone was irresponsible, and that led to the death, then the family of the victim may be able to seek compensation by filing a wrongful death lawsuit.
What Are Some Causes of Wrongful Death?
- Auto Accidents
- Bad Drugs
- Bad Medical Devices
- Construction Accidents
- Dangerous Products
- Inadequate Security
Wrongful death cases can be highly complex and difficult to prove. However, it’s usually important to the family to seek a wrongful death lawsuit in order to find closure for their loved one. A wrongful death lawyer will be able to tell you whether your loved one’s death was caused through the fault of another.
What Can Be Recovered In a Massachusetts Wrongful Death Claim?
Wrongful death cases primarily try to compensate families to help survivors cope with the loss of their loved one, so most of the compensation is related to the loss experienced by the family. The types of compensation available may include:
- Lost Income – This will be an estimate of how much money the deceased would have earned over the course of the rest of their life, had they not passed away. This varies based on how old the deceased was, what their job title was and their education level.
- Medical Expenses – These are determined by the amount of expenses from hospitals or other medical care providers during the time between the deceased’s injury and leading up to their death.
- Loss of Consortium – This is usually awarded to spouses, but can also go to children or parents of the deceased. Loss of Consortium represents the loss of companionship, guidance, and relationship between the deceased and the family.
- Punitive Damages – In Massachusetts, these can be awarded to the family if the death was caused intentionally, or the person at-fault was extremely out of line with normal behavior. Punitive damages are intended to punish the person at-fault and, like pain and suffering, can range into the millions of dollars.
- Pain and Suffering – This is factored in to compensate the deceased for their pain and suffering experienced prior to their death. In cases where death was caused instantly, pain and suffering may not be available. But, in cases where the victim’s death was prolonged, pain and suffering is likely to be awarded. This compensation can vary wildly and sometimes range into the multiple millions of dollars.
- Other Losses
In Massachusetts, the jury will determine the amount of compensation if a wrongful death lawsuit goes to a trial. Often, these awards are in the millions of dollars. This makes insurance companies settle wrongful death claims quickly.
Wrongful Death Verdicts and Settlements:
Wrongful death lawyers around the country have been successfully handling these kinds of cases for years. Successful wrongful death verdicts and settlements from around the country include:
- $30.7 Million to the family of a young New York boy who fell through the ice and drowned while saving his little brother, who had also fallen through the ice. The property owner failed to place warning signs around the pond.
- $28 Million to the family of a Massachusetts woman killed by a collapsing tunnel built during the “big dig” in Boston.
- $24 Million jury verdict to the family of a pregnant Florida woman after she and her unborn child were killed by a drunk driver. The woman was in a hotel pool area when the driver struck a cabana, killing the woman.
- $15 Million to the family of an Illinois victim of a plane crash, because the private jet liner allowed an amateur to fly the plane instead of a professional pilot.
- $3.5 Million settlement to the family of a young Rhode Island child that was hit by a motor vehicle, as a pedestrian, and was killed. d’Oliveira & Associates maintained joint responsibility with another trial attorney and settled the case before going to trial.
Who Can File a Wrongful Death Lawsuit?
Wrongful death lawsuits can be filed by the legal representatives of the deceased. Usually, wrongful death cases are brought by a husband or wife, child of the deceased, or other family member, who has been named the “administrator” or “executor” of the estate. In Massachusetts, wrongful death lawsuits must be filed within three years of the death, however, time limits can sometimes vary. It is important to speak with an experienced Massachusetts wrongful death lawyer in order to determine whether or not you can file a lawsuit.
Why Contact Us?
If you had to suffer through the loss of a loved one, due to the fault of another, you may be entitled to compensation for medical bills, lost income and pain and suffering, among other losses. Our firm handles death cases from auto accidents and we are also working with experienced Massachusetts and Rhode Island wrongful death lawyers, who handle other types of death cases. There is no fee unless you obtain a settlement or award. Contact us toll free or online for a free (no obligation) case evaluation.