There are no words that can ease the pain with the loss of a loved one. The law offices of d’Oliveira & Associates understands that no amount of money can replace the loss of your loved one. If your loss is due to the fault of another, you may be entitled to compensation for medical bills, lost income and pain and suffering, among other losses.
In a Wrongful Death lawsuit, it is imperative to have a skilled attorney by your side to help navigate the legal complexities. Our firm works with experienced wrongful death lawyers in Massachusetts, who charge no fee unless you get an award or settlement. Call us toll free at 1-(800) 992-6878 or contact us online for a free (no obligation) case evaluation.
What Is a Wrongful Death?
A wrongful death occurs when someone dies due to someone else’s negligence or misconduct. Losing a family member is never easy but knowing that a loved one has died because of the negligent or reckless acts of another person or company only makes matters worse. Not every death is a wrongful death, like when someone passes away from natural causes, but if someone was irresponsible and that led to the death, then you may be able to receive compensation.
What Are Causes of Wrongful Death?
Wrongful deaths can be caused in many ways, such as:
Depending on the cause, or causes, death cases can be emotional and complex. A wrongful death lawyer will be able to tell you whether your loved one’s death was caused through the fault of another.
What Is a Wrongful Death Case Worth?
Wrongful Death Cases involving fatal injuries are slightly different from your typical personal injury case, because the victim has no hope of making a recovery. This means your settlement or verdict is likely to be much higher than the ordinary personal injury claim. The types of compensation available may include:
- Lost wages and financial support the deceased person would have earned and used to support their family member if they had lived.
- Medical bills and out of pocket expenses incurred by the deceased person that relates to the fatal injury.
- Pain and suffering endured by the deceased person prior to death.
- Funeral and burial expenses.
- Loss of Consortium, which is the love and affection one would expect from a spouse, parent, sibling or child.
- Other damages that otherwise would not have been incurred.
Massachusetts does not enforce statutory caps on the compensation recoverable in wrongful death claims. This means your family may seek full reimbursement for the financial losses they’ve experienced. Whether the settlement ranges from thousands or even millions of dollars will vary on the details of the case.
What is a Wrongful Death Claim?
A wrongful death claim is a civil action where the family or personal representative of the deceased pursues a case against the person or entity that was responsible the death of their loved one. Surviving family members or beneficiaries of the deceased file a claim to seek compensation for losses and damages relating to the death.
Who Can File a Wrongful Death Lawsuit?
Generally, wrongful death lawsuits can be filed by the family of the deceased, such a spouse, child, sibling or parent. Death cases must usually be filed within three years of the death; however, time limits can often vary. Even among these categories of who can file for damages, there are other qualifications as to what type of compensation may be available. It is important to speak with an experienced Massachusetts wrongful death lawyer in order to determine whether or not you can file a lawsuit.
What do I Need to Prove in a Wrongful Death Case?
In wrongful death case, the burden of proof is on the plaintiff, the party that is suing, to show that the defendant caused the decedents death. In a wrongful death case, you need to prove the following elements:
- Duty of care: You must show that the defendant had a legal responsibility to act in a way that avoids harm to others, such as a doctor providing competent medical care.
- Breach of duty: The defendant failed to act carefully, putting others at risk.
- Causation: The defendant’s actions are directly linked to the decedent’s death.
- Damages: There are the losses caused by the defendants’ actions. In a wrongful death case, these can include financial costs, emotional pain, and the impact on the family’s future.
How long do I Have to File a Wrongful Death Lawsuit?
In Massachusetts, the statute of limitations for a wrongful death lawsuit is 3 years. This means that a decedents relatives must file suit within 3 years after the death occurred, or 3 years from when the decedent’s estate learned that a wrongful death claim was possible.
What is the Difference Between a Wrongful Death Lawsuit and a Personal Injury Lawsuit?
In a personal injury claim, the victim survives whatever accident that caused their injuries and seeks compensation for their accident-related losses. In a wrongful death lawsuit, the victim’s injuries are fatal, so the victim’s family seeks compensation for the loss of their loved one. A personal injury lawsuit must be filed by the injured party, where a wrongful death lawsuit is filed by the decedent’s estate.
Can a Wrongful Death Lawsuit be Filed if the Death was an Accident?
A wrongful death lawsuit can be filed even if the death was an accident, because the person found responsible for the death does not have to have malicious intent, only negligent intent. wrongful death lawsuits can apply in various areas, including medical malpractice and automobile accidents, where negligent behavior may lead to a person’s death.
Can a Criminal Case Affect a Wrongful Death Lawsuit?
A criminal case and a wrongful death case are two separate legal matters. Although a party that gets criminally punished for the death that occurred can strengthen a wrongful death lawsuit, the outcome of a criminal case itself will not directly affect the outcome of the civil suit.
How Much Can I Expect to Receive from a Wrongful Death Lawsuit?
The amount of recovery from a wrongful death lawsuit varies depending on several factors, such as medical expenses, funeral costs, and pain and suffering. Wrongful death lawyers around the country have been successfully handling these kinds of cases for years, winning up to tens of millions of dollars for their clients.
Wrongful Death Lawsuits and Awards or Settlements
Wrongful death lawyers around the country have been successfully handling these kinds of cases for years. Successful lawsuits 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.
- $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.
- $11 Million to the family of an Arizona man who died while being cared for at a nursing home, after he ate a foreign object. The jury determined that the nursing home had a duty to prevent him from eating the objects.
- $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. Our firm maintained joint responsibility with another trial attorney and settled the case before going to trial.
Do I Need a Lawyer for a Wrongful Death Case?
A Massachusetts wrongful death lawyer understands that losing someone you love is tragic and that your family’s life has been irrevocably altered. If your loved one who died was the primary breadwinner, your ability to support your family may be seriously compromised. An experienced attorney will protect your rights to receive the maximum wrongful death recovery possible.
Why Contact Us?
If you believe you have a wrongful death case, you may be entitled to compensation for medical bills, lost income, and pain and suffering, among other losses. Our firm handles certain types of death cases such as from car and motorcycle accidents, etc. and we are also working with experienced Massachusetts wrongful death lawyers, who handle other types of death cases such as from medical malpractice, workers compensation, etc. There are no fees unless you obtain a settlement or award. Call us toll free at 1-800-992-6878 or contact us online for a free (no obligation) case evaluation.