Boston Wrongful Death Lawyer

Was someone you love killed in a fatal accident in Boston, MA? You could be entitled to financial compensation to help your family through this difficult time. A Boston wrongful death lawyer at Sweeney Merrigan Law, LLP can help you fight to secure the financial justice you deserve.

We want to make things as easy as possible. We offer a free consultation so that you can learn more about your legal rights and options. You can call Boston, MA our law firm to arrange your free consultation whenever you’re ready.

Table of Contents

Why Should I Call a Personal Injury Lawyer After a Fatal Accident in Boston?

Despite your grief, it’s also important that you understand your legal rights and options. You may have the right to hold the negligent party accountable for financial compensation. While money might be the last thing on your mind, taking legal action could be the only way to protect your family’s future.

Getting the money you need isn’t always easy when insurance companies are involved. The insurance company might put on a friendly face, but their primary motive is protecting their own profit margin–not protecting your family. When you choose a Boston personal injury lawyer at Sweeney Merrigan Law, LLP, you’ll have someone whose primary goal is protecting your interests.

When you hire us, you’ll have an attorney who will:

Investigate to find out who was responsible for your loved one’s accident
Get the proof needed to back your claim
Hire experts and specialists who can testify to strengthen your case
Fight back when the insurance company blames your loved one for causing the accident
Negotiate to recover the full amount your family deserves

Our legal team has over 100 years of collective experience helping Boston accident victims. We’ll put in the hard work necessary to maximize your compensation award. All you have to do is call to schedule a free consultation with a Boston wrongful death attorney who can help.

What is Wrongful Death Under Massachusetts Law?

Wrongful death is when someone’s careless or reckless actions cause the death of another person. An action for wrongful death is brought in civil court. Wrongful death claims are different from criminal cases because of the potential punishment involved.

Wrongful death cases in Boston can be based upon:

Negligence
Willful, wanton and reckless acts
Breach of warranty
Negligence on the part of a common carrier

An action for wrongful death is designed to recover financial compensation for the victim’s family. These cases are supposed to hold the negligent party accountable, but won’t result in any criminal penalties.

You can recover damages for wrongful death even if criminal charges are pending. On the other hand, you can also get compensation if the responsible party didn’t intend to hurt anyone.

Who Can File an Action for Wrongful Death in Boston, Massachusetts?

Under the Massachusetts wrongful death statute, only the estate executor or administrator can technically file a wrongful death lawsuit. Usually, the executor is named in the deceased person’s will. The courts can also appoint someone to serve as executor or administrator.

While the executor will be the party that’s formally involved in the lawsuit, the decedent’s surviving family members are the parties who will ultimately be entitled to compensation.

Family members who may receive compensation include:

A surviving spouse
Children
Parents
Brothers and sisters
Other relatives if the decedent had no immediate family

If your close family member died in an accident, you don’t have to wait to take action. You can call our law offices anytime. We’ll make sure you get the legal advice you need to hold the parties responsible for your loved one’s death accountable.

What Damages Are Typically Available in Boston Wrongful Death Cases?

The damages available in wrongful death cases are slightly different than those available in personal injury cases. To recover medical expenses incurred prior to your loved one’s death, you’ll have to file a survival action. The wrongful death statute in Massachusetts specifically outlines the types of damages you can recover.

Our lawyers will fight to recover the maximum compensation available under Massachusetts laws, which may include compensation for:

Loss of reasonably expected income
Loss of services
Loss of protection and care
Loss of your loved one’s assistance, comfort, and guidance
Loss of companionship and society
Funeral and burial expenses
Pain and suffering

Punitive damages may also be available if your loved one’s death was caused by the defendant’s malicious, willful, wanton, or reckless conduct. Courts in Massachusetts rarely award punitive damages. When they are available, the sole purpose is to punish the defendant for the acts that led to your loved one’s death.

For example, punitive damages might be available if your loved one was killed by a drunk driver in a DUI accident.

Who is Liable for Paying Damages in a Wrongful Death Case?

You might only have a few details about what caused your loved one’s accident. At Sweeney Merrigan Law, LLP, our lawyers will investigate to identify every responsible party.

Depending on the circumstances, you might be entitled to compensation from:

An at-fault driver in a fatal car accident
The employer of someone who was negligent
Property owners
Manufacturers of defective products
Negligent doctors or health care providers
And more

Multiple parties might even share the blame. Our attorneys will work to make sure every responsible party is held fully accountable for your loss.

We Handle All Wrongful Death Cases in Boston, MA

Most fatal accidents are caused by negligence. That means that most of these serious accidents could have been prevented if someone would have taken the time to be careful.

At Sweeney Merrigan Law, LLP, we represent the families of all types of fatal accidents in Boston. Some of the leading causes of wrongful death include:

If someone you love has died in an accident, don’t hesitate to get legal advice. You may have the right to significant compensation–and our attorneys are dedicated to helping your family get justice. Interested in learning more? Call today to arrange a free case review today.

What if My Loved One is Blamed for Causing the Fatal Accident?

Once the insurance companies learn that you intend to sue for damages, they’ll quickly start looking for ways to minimize their financial liability. “Blame the victim” is one common insurance tactic. It can be especially effective in fatal accident cases where the victims aren’t around to defend themselves.

If you don’t fight back, you could lose your right to compensation entirely. Massachusetts follows modified comparative negligence rules. That means accident victims can recover compensation if they were partly to blame for the accident as long as they weren’t mostly to blame.

In other words, you can recover compensation as long as your loved one was less than 51% responsible. However, your compensation award can be reduced to account for any degree of shared fault.

It’s important to get legal help if shared fault becomes an issue in your case. Our lawyers will work to downplay any role your loved one played in the accident. We want to make sure your family takes home as much money as possible.

How Long Do I Have to File a Wrongful Death Lawsuit in Boston, MA?

It can be hard to imagine starting a legal battle when you’re still grieving the loss of a loved one. Our attorneys at Sweeney Merrigan Law, LLP understand this. We’ll do everything we can to make the legal process run as smoothly as possible for your family.

However, it’s important to remember that you don’t have an unlimited amount of time to take action. The Massachusetts statute of limitations in wrongful death cases is only three years. The clock usually starts running on the date your loved one died. If your executor doesn’t take action within three years, you lose your right to compensation.

Sometimes it takes a while to find out what caused a fatal accident. The law makes an exception for situations where the executor didn’t know that they had grounds to file a wrongful death lawsuit. In these situations, courts will hear the case within three years of the date when the executor reasonably should have known about their right to sue for damages.

Call Our Boston Wrongful Death Lawyers for a Free Case Review Today

Have you lost a loved one in a fatal accident in Boston? Contact an experienced Boston wrongful death lawyer at Sweeney Merrigan Law, LLP to learn more about your legal options. You could be entitled to compensation for loss of your loved one’s company, financial support, and more.

We offer a free case review to all potential clients. If you’re ready to learn more, call our law offices to schedule your free consultation today.