Accidents can happen suddenly at any time or place. While many victims walk away from accidents with mild injuries, others lose their lives due to the negligence of others. If a preventable accident is fatal for a victim, surviving family members in Massachusetts may be able to file wrongful death claims in pursuit of justice and financial restitution.
At Sweeney Merrigan Personal Injury Lawyers, we hope you never have to experience the wrongful death of a loved one. However, if the wort comes to pass, we encourage you to contact us for a free legal consultation. Our Cape Cod personal injury lawyers hope to help your family achieve a positive result through tailored legal representation. To schedule a free consultation with a member of our team, call us at 617-391-9001 or complete our contact form today.
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If you are considering pursuing justice for your loved one, having a seasoned Cape Cod wrongful death lawyer on your side is essential. Some of the many reasons you should consider partnering with one of our talented attorneys include the following:
When we take your case, you can trust us to do everything in our power to fight for your rights, interests, and the total value of your claim. While monetary compensation cannot make up for the loss of your beloved family member, it can help ease many of the financial burdens associated with their passing.
A death that stems from the wrongful act, recklessness, wanton disregard for others’ safety or breach of warranty of another person meets the definition of wrongful under Massachusetts law. If you are unsure whether your family has grounds for a wrongful death suit, ask yourself if your deceased loved one would have had the ability to file a personal injury claim had the accident not been fatal. If the answer is yes, your family most likely has the right to file a wrongful death claim now. The lawyers at Sweeney Merrigan Personal Injury Lawyers can review your situation for evidence of wrongful death. Our consultations are complimentary, so there is no risk in reaching out for some information.
While many states allow close family members to file wrongful death lawsuits, Massachusetts only allows the executor of the deceased’s estate to pursue a claim. The executor or administrator is the individual responsible for fulfilling the decedent’s will, paying off any remaining debts, and otherwise managing the details of the estate.
The deceased likely named this individual in their will. However, if they did not have a formal will, the court would appoint an executor to handle the estate. After being named the executor, this individual can file a wrongful death lawsuit. Often, the executor will be the deceased’s surviving spouse, adult children, or parents. Nevertheless, every family and situation is unique, and different rules or circumstances may apply. An experienced wrongful death attorney can review your case to determine who is eligible to file a wrongful death claim and advise you on the best path forward.
Every state has a legal time limit for filing wrongful death claims, known as the statute of limitations. In Massachusetts, the statute of limitations is three years from the date of your loved one’s passing or the date the estate executor learned they had the legal option to file a wrongful death claim. However, other time limits may apply if your family member’s death resulted from medical malpractice. An experienced Cape Cod wrongful death attorney can analyze the details of your case and inform you on how these laws apply to your case.
While three years may seem like plenty of time to grieve and pursue a wrongful death claim, contacting a Cape Code wrongful death lawyer as soon as possible is in your best interests. All too often, vital evidence is lost or destroyed over time, and eyewitnesses may forget the critical details of what they saw. When you contact a skilled attorney from Sweeney Merrigan Personal Injury Lawyers, we will act quickly to investigate your case and preserve evidence to support your claim.
It may seem easier to accept the death of a loved one and move forward without taking legal action. However, if someone else is at fault for negligently or intentionally causing the death, a lawsuit could bring your family justice and allow your loved one’s voice to be heard. It could also provide important financial compensation for the costs your family incurred due to the fatal accident, such as funeral costs, burial costs, medical bills before death, and lost earnings. Your claim could also result in an award for lost companionship, loss of consortium, mental anguish, and punitive damages.
Liability refers to someone’s legal responsibility for an accident. If someone is liable for an accident and a plaintiff’s injuries, that person (the defendant) will have a financial obligation to the victim. In Massachusetts, holding someone liable for wrongful death requires proof of the following four main elements:
A skilled Cape Cod wrongful death attorney from Sweeney Merrigan Personal Injury Lawyers will have the power to investigate your loved one’s death and gather any available information or evidence to determine the cause. If you have a case, we can prepare the evidence to strengthen your family’s chances of obtaining compensation from one or more defendants.
Wrongful deaths occur in car accidents, work-related accidents, assaults, and acts of violence, among many other circumstances. If a fatal accident took the life of your loved one, it is essential to find out whether your family has the right to file a wrongful death claim and how our lawyers may be able to help. At Sweeney Merrigan Personal Injury Lawyers, our managing partners, J. Tucker Merrigan and Peter M. Merrigan, have focused 100% of their practices on litigation and have been repeatedly recognized by outlets such as Super Lawyers for their continued excellence. Contact us at 617-391-9001 or complete our contact form for a free consultation today. Our Cape Cod wrongful death attorneys offer free case reviews to provide legal advice at no risk to potential clients.
Sweeney Merrigan Law, LLP is a highly successful personal injury law firm serving Massachusetts since 2011.
There are no fees or costs unless we win your case!