When you’re dealing with a wrongful death case in Boston, you’re stepping into a tricky legal world. You’ll have to collect solid evidence, communicate with an insurance company and the other side’s lawyers, and maybe even take your case to court if you can’t reach a fair settlement. All this, combined with trying to cope with your loss, can be a lot to handle.
If you don’t have a skilled Boston wrongful death attorney by your side, you may get lost in the piles of paperwork, confusing legal terms, and manipulative tactics from the other parties. With legal expertise, you’re more likely to achieve a favorable outcome, whether through a settlement or in court.
- What Is Wrongful Death?
- Common Causes of Wrongful Deaths in Boston, Massachusetts
- How to Prove Fault in a Boston Wrongful Death Case
- Types of Damages in Boston Wrongful Death Cases
- Time Limits for Filing a Boston Wrongful Death Claim
- How a Boston Wrongful Death Attorney Can Help
- Client Reviews
- Contact Our Experienced Wrongful Death Lawyers Today!
- Get a Free Case Evaluation
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What Is Wrongful Death?
Wrongful death is a legal term that describes someone’s death due to the negligent or intentional actions of another party. A wrongful death lawsuit is different from a criminal case because it’s a civil issue. It’s more about helping the family left behind rather than punishing the person responsible for the tragedy. The financial help can cover funeral costs, lost income, the family’s emotional suffering, and more.
If you believe you have a reason for a wrongful death claim, you can consult with our experienced Boston wrongful death lawyer. We’ll assess your case and guide you toward a successful wrongful death claim.
Common Causes of Wrongful Deaths in Boston, Massachusetts
Our team has handled wrongful death lawsuits caused by different types of situations, from accidents to professional negligence. Here are the main ones:
- Car accidents: Motor vehicle accidents of different types cause thousands of fatalities across the states every year. Massachusetts is no exception here, unfortunately, whether we think about the busy Boston streets or highways. A truck accident can be particularly dangerous due to the vehicle’s size and weight. These situations usually need in-depth investigations to determine who’s at fault.
- Medical malpractice: A surgeon might make a huge mistake during surgery, or a physician could overlook important symptoms, resulting in a deadly misdiagnosis. Other ways medical malpractice can lead to wrongful death include birth injuries and negligent post-operative care.
- Workplace fatalities: Every job comes with some level of risk, but certain professions can be especially dangerous. Construction site accidents can involve injuries caused by falls and heavy machinery, while factory workers may face exposure to harmful substances.
- Defective products: Badly designed or manufactured items, like kids’ toys, can also lead to disasters. It’s not a coincidence that some toys containing hazardous chemicals or sharp edges are prohibited. Manufacturers are responsible for making sure their products are safe for people. If they neglect this responsibility, they can be held accountable for any fatal injuries that happen as a result.
- Premises liability accidents: Property owners must keep their spaces safe for visitors. When they don’t, the results can be tragic. For instance, slip and fall accidents, especially among seniors, can end fatally. In these situations, you have to prove that the property owner knew or should have known about the risky conditions.
- Nursing home neglect: When it comes to our elderly population, sadly, some nursing homes fail to provide decent care. Which is why we often see deaths that could have been avoided. Mistakes in medication or slow responses to medical emergencies are also common.
- Aviation accidents: When airplane crashes do occur, they can lead to numerous fatalities. These cases might involve mistakes by pilots, mechanical issues, or air traffic control errors. Investigations can be long and complex, requiring specialized aviation law and technology knowledge.
The list is comprehensive, but it doesn’t cover everything. A person’s wrongful death can happen in different scenarios, usually because of a combination of circumstances.
That’s why we look at every case with a fresh perspective and dig deep into the details, whether it fits into any of the categories above or not. This approach is what lets us maximize the potential for full compensation. Check out our testimonials and recent settlements to see our results.
How to Prove Fault in a Boston Wrongful Death Case
The task of proving who’s at fault in a wrongful death case typically falls on the person filing the wrongful death lawsuit (often the family of the deceased person). To achieve results, the family and their personal injury lawyer need to collect various types of evidence and piece them together like a jigsaw puzzle. This helps form a clear picture of what actually happened.
So, it’s usually a mix of different factors that makes a strong case. Here are some of the key types of evidence used to prove fault in wrongful death claims.
Physical Evidence from the Accident Site
In a car accident, skid marks on the road, vehicle damages, and debris distribution can help restore the events. In situations involving medical malpractice, medical records, test results, and even surgical tools can be the main components of physical evidence. Every little detail, even though it may look unimportant at first, could actually be the key to winning your case.
Eyewitness Reports
Eyewitnesses may include bystanders, coworkers, or even first responders who were on the scene. Their testimonies can help fill in missing pieces of the event and either support or contest other evidence. But remember that testimony can be driven by emotions. Also, some details can be forgotten over time. That’s why it’s important to initiate proceedings right after the event occurred and the damage was done.
Expert Analysis
Expert witnesses can be doctors in healthcare cases or crash experts when it comes to a car or a motorcycle accident. Your Boston wrongful death attorney can involve these specialists in the legal process because many cases have details or circumstances that are difficult to explain or determine. They break down complex concepts and explain what exactly could have caused a person’s death.
Visual Proof
Photos and videos can be powerful proof in a wrongful death case. They freeze a moment in time, keeping important details that we could forget later. Photos tell a visual story, often sharing more than words could. Plus, unlike memories that can fade or change, photos stay the same. They give a clear record of the scene that can be referenced throughout the case.
Types of Damages in Boston Wrongful Death Cases
The law recognizes that no amount of money can compensate for the loss of a loved one in a fatal accident. Still, a wrongful death lawsuit plays a critical role: it provides financial help for families while holding the responsible party accountable. Here are the main types of damages that can be recovered:
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Medical expenses
Any medical costs associated with the fatal injury suffered by the victim before they passed away should be included in the wrongful death settlements paid to the family. They can cover everything from emergency room bills to hospital stays, medications, surgeries, and more. Even if insurance paid for these expenses, they can still be included in the wrongful death claims.
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Funeral and burial expenses
Wrongful death damages also cover funeral expenses, burial or cremation fees, headstones, and other related expenses.
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Lost income
This category of damages aims to compensate for the deceased’s lost wages, and not just at the time of death but also their future earnings.
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Loss of services
This refers to childcare, cooking, cleaning, or any other services that a family member provided. The aim is to help cover the costs of hiring people to do these jobs.
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Loss of consortium
Of course, when relatives face a loss, they lose not only someone who earned money or helped around the house — they lose a family member. The absence of companionship, love, and intimacy should be compensated, too.
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Punitive damages
If the defendant’s wrongful acts were particularly awful or careless, punitive damages might be awarded. Their goal is to punish the wrongdoer and discourage similar reckless actions in the future.
Several factors matter when you determine the damages, including the deceased’s age, their potential earning ability, the quality of their relationships with family members, and the level of the defendant’s responsibility. Our team of experienced attorneys will help you understand what types of financial compensation may be available in your specific situation and ensure that all damages are calculated correctly, including the non-economic ones.
Time Limits for Filing a Boston Wrongful Death Claim
In Massachusetts, just like in many other states, there’s a deadline for filing a lawsuit — it’s called statute of limitations. For wrongful death claims, the statute of limitations is generally three years. So, the representative of the deceased person’s estate needs to file a wrongful death lawsuit within three years from the date of death.
But sometimes, the reason someone passed away isn’t obvious immediately. Like in medical malpractice cases, families might not know right away that a doctor’s mistake caused their loved one’s death. In these cases, Massachusetts law says that the three-year countdown starts when you find out what caused the death. This is called the discovery rule.
How a Boston Wrongful Death Attorney Can Help
Boston wrongful death attorneys understand the complexities of Massachusetts law and know how it applies to different situations, whether the death came from medical malpractice, a car crash, or a defective product. What’s more, lawyers act as investigators. They explore the circumstances of the death, finding evidence that surviving family members might miss.
In addition, a Boston wrongful death attorney can calculate all the damages the family can claim and engage financial experts to determine long-term losses, like future earnings. On top of that, non-economic damages, like pain and suffering, are harder to assess since they don’t have a monetary value. Lawyers usually draw on their experience with similar wrongful death claims to argue for appropriate compensation.
Insurance companies and big corporations typically try to minimize payouts, but a skilled Massachusetts wrongful death lawyer can help families not settle for less. They can clearly outline the depth of their loss, fighting for fair financial compensation that fully reflects the impact of the death.
If the case goes to trial, a wrongful death lawyer will be the family’s voice in the courtroom. They create compelling arguments and present evidence in a convincing way.
Finally, since a lawyer will take on a huge part of the legal work, families can mourn and recover, knowing that an expert is doing their best to get justice for their loved one. While nothing can truly compensate for this loss, families can get a sense of closure and the financial resources needed to move on.
Client Reviews
Dennis was really helpful. He answered all my question. He really gave me a piece of mind. He was very understanding. Definitely would recommend.
Clara Depina
Contact Our Experienced Wrongful Death Lawyers Today!
We’re a team of personal injury lawyers, and we’ll approach your case with attention and high professionalism. Our attorneys have extensive experience in wrongful death claims.
Michael D. Kelly, our founder, is dedicated to justice and has a wealth of legal expertise that he brings to every case. He uses a solid background across various areas of law to fight for our clients, landing big settlements.
Contact us today for a free consultation — you can discuss your case with us without worrying about costs. Plus, our team works on a contingency fee basis — you only pay if we recover compensation for you.
