Fatal Car Accidents

If your loved one was killed in a fatal car accident or other wrongful death, the offices of Sweeney Merrigan Law may be able to get you the compensation to help you through your loss. Our experienced Boston personal injury attorney is well versed in Massachusetts laws regarding wrongful deaths and personal injury suits. We handle all cases with great care and compassion because we know many of our clients may still be grieving the loss of their loved ones.

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Proving Negligence

When pursuing a personal injury case as a result of a fatal car accident, there are several laws governing who can seek damages and what kind of damages can be sought. In any personal injury case, an act of negligence must first be proven to seek damages. From a legal standpoint, negligence means behavior that is thoughtless or careless, causing harm or injury to themselves or another person.

In relation to a car accident, this may mean the other driver was speeding, engaging in distracted driving or driving under the influence, or any other manner of reckless driving. To prove negligence, seek the counsel of a competent personal injury attorney. Proving negligence can be a lengthy and complex process, which involves the procurement of a multitude of documents and witness statements. If it is found that the other driver did not take due care and abide by the laws of driving, thus resulting in negligence and injury to another person, you can seek damages.

Damages in Massachusetts Fatal Accidents

In Massachusetts, the statute of limitations on fatal car accident injury claims is three years. Though you may still be in the grieving process, seek professional legal counsel as soon as possible if you are considering a fatal car accident suit. Competent attorneys can help you obtain the proper documentation needed for a personal injury case and offer ongoing help with managing documents and paperwork. When seeking damages, clients are entitled to the following damage types:

Medical expenses. Hospital bills, such as ambulance fees, doctor consultations, and burial/funeral costs incurred when a loved one was killed in a car accident can be considered in a lawsuit. This can also include any ongoing therapy expenses for the deceased’s family members.
Lost wages. A car accident that has resulted in death can result in a considerable loss of wages for the deceased’s family. Family members can seek damages based on the projected net income if the loved one had survived the crash.
Pain and suffering. Though suffering can never be fully compensated, this amount is calculated by using a multiplier and the original amount of medical expenses and lost wages. The deceased’s estate is eligible to receive compensation for pain and suffering due to the loss of a loved one.
Loss of affection or companionship. When a loved one dies as a result of a car accident, his or her immediate family members can seek compensation for a loss of consortium. This type of damage is meant to buffer the emotional and financial cost of losing a spouse and his or her companionship.
Punitive damages. Punitive damages are intended to financially punish the person who acted in a negligent manner. Punitive damages vary by state, but Massachusetts allows family members to seek these damages if a negligent act resulted in the death of a loved one.

If you have lost a spouse, mother, father, or sibling in a fatal car accident or truck accident, contact the offices of Sweeney Merrigan Law today. We treat each of our clients with a caring and personal approach. We serve personal injury clients throughout all of Massachusetts and take pride in our ability to consistently provide great results.