Wrongful death is defined by state law as a death caused by the reckless or negligent actions of another person, business, or third party. While other forms of personal injury accidents leave the victim entitled to compensation for their accident, wrongful death claims allow the surviving family to be eligible for damages for the incurred losses.
Don’t try to navigate this tricky and complicated mess while grieving the loss of your family member. Instead, allow the team of professionals at Sweeney Merrigan Personal Injury Lawyers to put their 45 years of combined experience together to get you the results you and your family members deserve. For a free consultation to discuss the specifics of the case, please call our Lawrence wrongful death attorneys at (617) 391-9001 or fill out our contact form.
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When a family member dies due to the negligence of another person, business, or third party, the surviving family is entitled to compensation for their losses. This compensation is meant to cover the full extent of the cost of the associated accident and death. For wrongful death claims, the compensation can be broken down into subcategories, including the following:
If the wrongful death was caused by gross negligence, the family may also be eligible for punitive damages. Gross negligence is characterized by the knowing or wanton acts of the at-fault party. For example, if the at-fault party had been repeatedly notified that their front steps were unusable and unsafe and they made no noticeable effort to correct that, their negligence would be considered gross and punitive damages may be rewarded. These are not based on the cost of the accident or the losses but are more of a fine for the at-fault party.
The period after a wrongful death has occurred is emotional, confusing, and overwhelming. Tacking on a claim can feel like too much to handle alone, and that’s where the team at Sweeney Merrigan Personal Injury Lawyers comes in. While you and the family focus on resting, recovering, and giving yourself the time to heal, we will begin working diligently on the following:
Like other forms of personal injury claims, your wrongful death claim must clearly define that the at-fault party is liable for the accident and the untimely death of your family member. This is done by collecting relevant evidence to demonstrate that not only has negligence occurred but that it is what caused the damages.
To prove a breach of care has occurred, your Lawrence, MA wrongful death attorney will immediately investigate the circumstances surrounding the accident. This includes gathering time-sensitive information, such as detailed medical reports, police reports, eyewitness testimony, security or traffic camera footage, and even professional testimony.
Massachusetts allows you to file a wrongful death claim within three years of the victim’s death. The statute of limitations must be adhered to, or you risk having your claim dismissed. When you have a Lawrence wrongful death lawyer on your side, you have someone to help you file your claim on time and help with the paperwork necessary to negotiate a settlement worthy of your losses.
While filing a claim on your own is possible, it often will result in a low settlement offer from the insurance company. This is most commonly due to the inadequate representation of the total losses incurred or the insurance company deeming an injury as a preexisting condition. Your Lawrence, MA wrongful death lawyer has the resources and knowledge to combat this and file for a reevaluation.
To alleviate the stress and confusion that inherently comes with filing a wrongful death claim and give you and your family the best possible shot at the outcome necessary to start fresh, partner with Sweeney Merrigan Personal Injury Lawyers today. Our team has the compassion and skillfulness required to handle the complex and sensitive nature of a wrongful death claim, and has the track record to prove it. Everyone on our team, including co-founding partner and recognized Super Lawyer J. Tucker Merrigan, is here to help.
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!