A loved one’s absence is often felt for a long time and is especially heartbreaking when you are aware that they would still be with you if someone else hadn’t acted negligently. Whoever’s negligence led to your loved one’s death needs to bear responsibility for their actions and the repercussions. You may be entitled to compensation for the hardships you and your departed loved one have had if you partner with an experienced wrongful death lawyer.
Our goal at Sweeney Merrigan Personal Injury Lawyers is to support the victim’s survivors during this trying time by advocating on their behalf. We work relentlessly to secure a favorable outcome for their wrongful death claim and operate on a contingency fee basis. Until we prevail in your case, your family won’t have to pay. To contact a wrongful death lawyer and schedule a free consultation, send in our contact form or dial 617-391-9001.
A wrongful death is brought on by negligence, willfulness, recklessness, or a breach of warranty in Massachusetts General Laws Ann. ch. 229, 2. According to Massachusetts law, wrongful death claims may be filed in any circumstance where the deceased could have filed a personal injury claim if they had lived.
Personal injury lawsuits are defined by four key elements: duty of care, violation of duty, causation, and damages. These elements must be present in your claim and take the following forms in wrongful death cases:
The plaintiff must establish the defendant’s liability in a civil action by using evidence to show that it is more likely than not that the defendant is to blame for the death. The defendant’s liability is defined in terms of the monetary compensation, or damages, that the court orders the defendant to pay to the victim’s surviving family or estate.
When someone passes away due to the legal wrongdoing of another person or entity, their estate may file a wrongful death lawsuit. Many states allow the surviving family members of the deceased to file a wrongful death claim. However, in Massachusetts, the wrongful death claim can only be brought by the executor or administrator of the decedent’s estate.
The person in charge of handling the decedent’s final expenses, closing their estate, and resolving any wrongful death claims is known as the executor or administrator and is either named in the decedent’s will or chosen by the court if the decedent did not leave a will.
Suppose you’ve been appointed the executor administrator of your loved one’s estate. In that case, you may file a wrongful death claim seeking monetary compensation for the losses brought on by the victim’s injury and death. You’ll be acting as the estate’s personal representative, representing your loved one as the plaintiff in the claim.
Depending on the nature of your case, you may recover the following damages and more from your wrongful death claim:
Although there is no set formula for figuring out how much you can be awarded in damages,
you may be able to establish a fair sum to pursue with reliable legal advice from an accomplished lawyer. We have worked hard at Sweeney Merrigan Personal Injury Lawyers to establish a reputation for having a group of competent and trustworthy lawyers.
On our staff is Trial Attorney Victoria Santoro Mair, who is experienced in various areas of personal injury, including wrongful death. Her achievements include winning a multi-million dollar wrongful death lawsuit against a major hotel chain, among other notable successes.
Working with a lawyer from our firm may provide you with more assurance that you are resolving your lawsuit for an appropriate amount. We have a history of getting good outcomes for our customers, and we might be able to do the same for you.
It’s imperative to act quickly. The statute of limitations in Massachusetts is three years from the date of the victim’s death or the date the personal representative learned or should have been aware that a wrongful death claim could be asserted.
In some cases, there may be additional time restrictions. Certain accidents call for notification to the appropriate authority well before the three-year statute of limitations. For instance, certain hospitals must be properly and promptly informed of a claim’s submission in advance.
Because the deadlines for wrongful death claims can be intricate, it’s a good idea to speak with a Brighton personal injury lawyer if you’re considering filing a wrongful death claim in Massachusetts. A knowledgeable lawyer can explain how the law might apply to your individual situation.
You should be able to grieve in peace, free from financial concerns and the stress of legal action. However, after a loved one’s passing, you can suffer significant financial and emotional losses, and seeking justice may offer you some relief. With legal advice from a compassionate firm, you could use a wrongful-death claim to hold the responsible party accountable and receive fair compensation.
We walk our clients through each stage of the legal process at Sweeney Merrigan Personal Injury Lawyers. Throughout the past 45 years of serving clients, we have worked to develop the skills and in-depth legal knowledge we use to represent our clients effectively. Our firm includes trial lawyers with experience handling wrongful death claims and receiving accolades for their work. Give us a call at 617-391-9001 or complete our contact form to set up a free consultation to discuss how we could benefit your case.