Chelsea Wrongful Death Lawyers
Massachusetts Firm Offering Reliable Legal Guidance and Representation
When a family member dies in a car crash, a construction accident, a motorcycle accident, or another unexpected incident, taking legal action might seem like an afterthought. After all, grieving is a long, painful process that can easily distract you from actions you may have otherwise taken with a clear head.
Though beginning the legal process is likely the last thing on your mind, we want to encourage you to act as quickly as possible. In Massachusetts, a wrongful death lawsuit must be filed within three years of the fatality, and the longer you wait, the more difficult it could be to develop a solid legal argument. At Georges Cote Law, we assist estate representatives and grieving loved ones in pursuing wrongful death claims against the people and businesses responsible for their terrible loss.
If you have lost a loved one as a result of another party's negligence, recklessness, or malice, please call us at (617) 229-6720 to schedule a free consultation.
Damages in Survival and Wrongful Death Actions Under Massachusetts Law
No payment obtained through a verdict or settlement can adequately address the loss you experience after an untimely fatality; however, compensation through a verdict or settlement provides some relief and accountability.
A wrongful death claim is a civil lawsuit filed by the surviving family members or beneficiaries of a person who has died due to another person or entity's wrongful act, negligence, default, or breach of contract. It is meant to seek financial compensation for wrongful death and associated expenses such as medical bills, funeral costs, loss of companionship, pain and suffering, and any lost wages that would have been earned had the deceased not passed away.
Wrongful death claims are often brought by relatives such as the deceased's spouses, children, parents, or siblings. To succeed in a wrongful death suit, the claimant must prove that the defendant's wrongful activity was responsible for causing the death. Additionally, wrongful death claimants must demonstrate that they have suffered financially from their loss and deserve monetary damages for their emotional suffering.
A survival claim in Massachusetts is a type of wrongful death claim that allows the estate of a deceased person to recover damages for losses suffered before death. It is distinct from wrongful death claims, which are aimed at compensating surviving family members for their loss of the deceased's companionship or financial support. This type of wrongful death claim occurs in cases where the decedent was injured but survived long enough to experience pain and suffering before passing away.
Survival claims are important in Massachusetts wrongful death cases because they allow the estate to seek compensation for tangible costs, such as medical bills or pain and suffering, as well as intangible losses, such as loss of enjoyment of life and mental or emotional anguish.
Contact Us Today
The Chelsea wrongful death attorneys at Georges Cote Law advise clients on wrongful death litigation stemming from instances of fatal negligence.
When we are on the case, we will treat you with the respect and compassion you deserve and fight for fair compensation.
Georges Cote Law obtained $700,000 on behalf of a client injured in a motorcycle accident.
Georges Cote Law obtained $237,500 on behalf of a client who was injured in a scooter accident.
Georges Cote Law obtained $230,000 on behalf of a client who was injured in a premises accident.
Georges Cote Law obtained $230,000 on behalf of a client injured in a truck accident.
Georges Cote Law obtained $170,000 on behalf of a client who was injured after slipping and falling.
Georges Cote Law obtained $150,000 on behalf of a client who was injured in a motor vehicle accident.
Accepting Wrongful Death Claims in Chelsea & Beyond
A wrongful death action due to medical malpractice in Massachusetts is a legal procedure in which a family may pursue compensation for their loved one's wrongful death. This can be due to another party's wrongful act or neglect. In a wrongful death action, the plaintiff is typically entitled to recover damages that include but are not limited to:
- medical bills incurred before and after death
- funeral expenses
- pain and suffering endured by the deceased before death
- loss of financial support and benefits that would have been provided if they had lived out their natural life expectancy
For a successful wrongful death claim in Massachusetts, it must be proven that negligence on behalf of the responsible parties was the proximate cause of the wrongful death. This includes verifying that there was a duty owed by the defendant(s) to the plaintiff(s), that this duty was breached and resulted in foreseeable harm – in this case, wrongful death – and that consequential damage resulted from said breach. It must further be established that the fatality would not have otherwise occurred.
When are punitive damages awarded in a wrongful death claim?
Punitive damages are only awarded in wrongful death cases under particular circumstances. To be eligible for punitive damages, the wrongful death must have been caused by intentional misconduct or gross negligence on the part of the responsible party. The wrongful death must also involve wrongful or illegal acts committed with either a reckless disregard for or knowing indifference to the rights of others.
What is the statute of limitations for wrongful death claims?
In Massachusetts, wrongful death claims must be filed within three years from the date of death.
Who can file a wrongful death claim?
A wrongful death claim can be filed by the surviving family members, beneficiaries, and/or personal representatives of the deceased person.
What is a wrongful death claim?
A wrongful death claim is a legal action brought against an individual, group, or organization to hold them responsible for the death of another person due to their wrongful conduct or negligence. Wrongful death claims are typically pursued in civil court and seek damages for surviving family members and other parties who have suffered financial loss due to the wrongful death.
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