A wrongful death occurs when a life is lost as the result of negligence. Negligence comes in many forms but it is generally the result of a failure to act reasonably under the circumstances. What is reasonable under the circumstances is determined by looking at the unique set of facts or circumstances surrounding an incident. Wrongful deaths are often attributable to car accidents, jobsite accidents, medical negligence, product defects, and reckless conduct by an individual or other entity.
The purpose of a wrongful death claim is to compensate the estate as well as relative of the deceased for the losses suffered as a result of the wrongful death and it must be filed within three years of the date of death.
The types of damages that may be awarded in a wrongful death action are:
At Sweeney Merrigan Law, we understand that a wrongful death is a profoundly tragic event. The families of the decedent are left with extremely difficult emotional and financial losses. No amount of money can ever replace the love and support of a family member, but a wrongful death claim can assist in easing the financial burden imposed by the decedent’s loss.
According to Massachusetts State Law, it is important to note that a wrongful death claim cannot be filed against a person’s employer if they die on the job, a person operating a railroad if the death of the victim was caused by walking on the railroad or not following reasonable rules, or a person operating a streetcar when the deceased was walking on part of the railroad that is not within the limits of a highway. A wrongful death claim can also be filed concurrently with a criminal case based on the same death.
Following the loss of a loved one, the thought of filing a lawsuit may seem overwhelming. At Sweeney Merrigan Law, we are fully aware of the stress and emotion associated with these claims. We are sensitive to the needs of the surviving family members and provide support and guidance at every step in the process. We will diligently pursue all available means of compensation for those affected by a wrongful death.
The statute of limitations in Massachusetts limits the amount of time in which wrongful death claims may be filed. If you think you may have a wrongful death claim, call the dedicated professionals at Sweeney Merrigan Law immediately.