Unintentional injuries kill thousands of people in the US every year. Accidental injuries can arise from motor vehicle collisions, workplace accidents, dangerous properties, dog attacks and defective products. Wrongful death is a tort, or wrongdoing, that describes the death of one person from the negligence or intentional misconduct of another. At Sweeney Merrigan Law, LLP, we aim to serve families in the Medford community who have tragically lost loved ones in preventable accidents. We help families seek justice and financial restitution for wrongful deaths by taking aggressive legal action on their behalf. Contact us today to request a free legal consultation about your case.
You are already dealing with the unexpected loss of a loved one. You and your family may have funeral plans, medical bills, lost income and significant mental anguish to contend with. Instead of also taking on a wrongful death claim, hire a lawyer to handle the claims process for you. A lawyer will make sure your claim meets all related laws, requirements and deadlines. Your attorney will advocate for a full, maximum compensatory award instead of allowing you to settle for less. The right attorney can give you respite and legal advice when you need it the most.
The Massachusetts courts hear wrongful death claims to bring justice to families who wrongfully lost their loved ones. Civil laws permit surviving loved ones to file tort claims against defendants who allegedly caused victims’ deaths. Filing this type of claim could hold someone accountable for your family member’s preventable passing. It could also lead to the financial compensation your family needs to pay bills and grieve with peace of mind after a loss. Generally, if your loved one could have brought a personal injury claim against the defendant for the accident, your family will be able to file a wrongful death claim.
If you do wish to proceed with a wrongful death claim, you must do so within three years of your loved one’s passing. Three years is the statute of limitations on most wrongful death cases in Massachusetts. If you fail to bring your cause of action within three years, the courts in Middlesex County will most likely deny your claim to damages. You may only file this type of claim if you are the executor of the deceased person’s will or administrator of the estate. Otherwise, the executor will file on your behalf. If your loved one did not name an executor prior to passing, the courts can appoint one.
Massachusetts law permits families to obtain certain categories of financial compensation during wrongful death claims. The law states that a compensatory award can include money for the loss of the future net income, protection, care, services, companionship and advice of the deceased person. It can also pay for a family’s reasonable funeral and burial expenses for the decedent. If the defendant was wanton, malicious, reckless or willful in taking the decedent’s life, plaintiffs can also receive punitive damages of no less than $5,000.
Wrongful deaths are almost always preventable. In holding those responsible for fatal accidents accountable, the lawyers at Sweeney Merrigan Law, LLP hope not only to support grieving families but also institute safety changes on a broader scale in the Medford community. We understand what you are going through and what it will take to obtain justice for your loved one. Discuss your case in more detail with one of our attorneys today. Request a free consultation at (617) 391-9001 or through our online form 24/7.