Cambridge Wrongful Death Lawyer

What is Wrongful Death?

A wrongful death occurs when someone dies as a result of another party’s negligent, reckless, or intentional actions. This can happen in a variety of situations, including car accidents, workplace incidents, medical malpractice, defective products, or violent crimes. Under Massachusetts law, a wrongful death claim allows surviving family members to pursue compensation for the financial and emotional losses they have suffered due to their loved one’s death.

A wrongful death lawsuit is a civil action, distinct from any criminal charges that may be brought against the responsible party. While criminal cases aim to punish the offender, a wrongful death claim seeks to compensate the victim's family.

What You Must Prove to Succeed in a Wrongful Death Lawsuit in Massachusetts

To succeed in a wrongful death lawsuit in Massachusetts, you and your Cambridge wrongful death lawyer must prove the following elements:

• Duty of Care: The defendant must have owed a duty of care to the deceased. For example, a driver has a duty to follow traffic laws and drive safely to avoid causing harm to others on the road.
• Breach of Duty: You must demonstrate that the defendant breached this duty of care through their negligent, reckless, or intentional behavior. This breach can take many forms, such as running a red light, failing to maintain a safe work environment, or administering improper medical treatment.
• Causation: It is essential to prove that the defendant’s breach of duty directly caused the victim’s death. This requires showing a clear link between the defendant’s actions and the fatal incident.
• Damages: The final element is proving that the victim's death caused actual damages to the surviving family members. This can include medical expenses, funeral costs, lost wages, and emotional suffering.

At George Coates Law, we have the experience and resources needed to build a strong case for your wrongful death claim, ensuring that each element is thoroughly proven.

Who Can File a Wrongful Death Lawsuit in MA?

In Massachusetts, the right to file a wrongful death lawsuit is limited to specific individuals. According to state law, only the executor or administrator of the deceased person’s estate can file the lawsuit. This individual is often named in the deceased's will. If the person died without a will, the court may appoint a personal representative, typically a close family member, to serve in this role.

Though the executor or administrator is responsible for filing the lawsuit, the claim is made on behalf of the deceased person’s survivors. These individuals may include:

• Spouse: The surviving spouse of the deceased has the right to recover compensation for the loss of companionship, support, and services.
• Children: If the deceased had children, they may also be entitled to compensation for the loss of parental guidance and financial support.
• Parents: If the deceased was a minor or had no spouse or children, the parents may file a claim for their emotional and financial losses.

Entitled Compensation from a Wrongful Death Claim

A wrongful death claim in Massachusetts can help family members recover both economic and non-economic damages for their losses. These may include:

• Medical Expenses: Compensation for medical bills related to the deceased's final injury or illness, including hospitalization, treatment, and medications.
• Funeral and Burial Costs: Coverage for reasonable funeral and burial expenses.
• Lost Wages and Future Income: Compensation for the income and financial support that the deceased would have provided if they had lived, including loss of future earning potential.
• Loss of Companionship: Spouses and children may be compensated for the loss of companionship, guidance, and care that the deceased would have provided.
• Pain and Suffering: In some cases, family members may seek compensation for the emotional anguish and mental suffering caused by the death of their loved one.
• Punitive Damages: If the death was caused by gross negligence or intentional wrongdoing, the court may award punitive damages to punish the defendant and deter similar behavior in the future.

Our Cambridge wrongful death lawyers at George Coates Law understand the financial and emotional burden that wrongful death can place on a family. We are dedicated to securing the full compensation you deserve for both your economic and non-economic losses.

Statute of Limitations for Wrongful Death Claims in Massachusetts

In Massachusetts, wrongful death claims are subject to a strict statute of limitations. Typically, you have three years from the date of the deceased's death to file a wrongful death lawsuit. However, certain exceptions may apply depending on the circumstances of the case.