Wrongful Death

Wrongful Death Claims in Massachusetts

Compensation for Accident Fatalities

One of the worst and most painful realities of life is that accidents occur on a daily basis, and some of those accidents result in serious injuries or even death. When the accident is caused by someone else’s negligence or recklessness, the victims or their families deserve to fight for justice and compensation for their losses.

The best way to do so is to hire an experienced personal injury attorney who understands Massachusetts law concerning accidents and is willing to fight for your rights in court. Personal injury attorneys will be able to file a wrongful death claim on your behalf and work diligently to prove that you or the family members of a lost loved one deserve compensation following a severe accident.

Get Compensation for Accident Fatalities with a Wrongful Death Case

In these and other wrongful death situations, family members and the victim’s estate may be entitled to recover damages for their loss, including medical and funeral expenses, loss of earnings and net accumulations, and pain and suffering for the grief and loss of the loved one. In certain cases, punitive damages may also be awarded.

A loved one is killed in an automobile, motorcycle or trucking accident A family member is struck and killed while walking or riding a bicycle down the sidewalk (pedestrian accident) A loved one is killed by a drunk driver who just left a local restaurant, bar, or night club A child dies due to lead poisoning from a toy purchased at a major department store A worker dies due to exposure of hazardous, toxic chemicals while on the job A spouse dies when a health care professional or doctor fails to diagnose and/or properly treat a condition or disease Although this is not an exhaustive list and the potential circumstances which led to the fatality are numerous, the result in each situation should be the filing of a wrongful death suit on behalf of the family who had to endure their loved ones death.

FAQs

What Is a Wrongful Death Claim?

Has a family member needlessly died wrongfully or in a questionable situation? In an auto accident, possibly involving a reckless, negligent or drunk driver; through use of a defective product; in a workplace accident; due to improper physician or hospital care; or through other unusual or uncertain circumstances?

Wrongful death is one that occurs because of someone else’s malice, negligence, or recklessness. It occurs when a person’s death is caused by the intentional, or unintentional but negligent act of a wrongdoer. Wrongful death suits are designed to hold that person or entity responsible for their actions that led to the fatality and to get compensation for the injuries, losses, and damages that were sustained as a direct result.

What Is a Wrongful Death Claim?

Has a family member needlessly died wrongfully or in a questionable situation? In an auto accident, possibly involving a reckless, negligent or drunk driver; through use of a defective product; in a workplace accident; due to improper physician or hospital care; or through other unusual or uncertain circumstances?

Wrongful death is one that occurs because of someone else’s malice, negligence, or recklessness. It occurs when a person’s death is caused by the intentional, or unintentional but negligent act of a wrongdoer. Wrongful death suits are designed to hold that person or entity responsible for their actions that led to the fatality and to get compensation for the injuries, losses, and damages that were sustained as a direct result.

How Is a Wrongful Death Suit Proven?

Unlike a criminal case, the bar for the burden of proof is quite a bit lower, but there are still several important elements that must be demonstrated in order to win a wrongful death suit on behalf of the surviving family members. Wrongful death attorneys will discuss how the case will proceed as well as the strategy that they develop in order to fight for the justice your loved one deserves and the compensation you need from your losses.

In order for wrongful death claims to be successful, the personal injury attorneys must show this.

Negligence: it must be shown definitively that the negligence, recklessness, or carelessness of the defendant is what led directly to the death of the loved one Breach of Duty: each wrongful death claim will need to demonstrate that there was a breach of duty by the defendant. This means that the wrongful death attorneys will need to prove that the defendant breached that expected duty. For example, a medical practitioner has a duty to provide the best possible treatment and care for his patients. If that duty was breached, the deceased patient’s loved ones would need to show how the doctor’s actions led to the patient’s death. Direct Causation: The negligence or recklessness must be the direct cause of the individual’s death in order for the case to be legitimate. Damages: The death claims presented by the loved one’s attorneys must indicate the quantifiable damages resulting directly from the accident. These can include medical bills, hospital fees, burial costs, funeral expenses, lost wages, potential earnings, and much more. If any of those 4 criteria are not met, the wrongful death lawyers will have a very difficult time proving that the at-fault party should be held accountable.

Contact Our Experienced Attorneys to File a Wrongful Death Action

If you are the loved one of an accident victim who was killed as a direct result of someone else’s negligence or recklessness, you deserve to have that person held accountable for your loved one’s untimely death. Wrongful death cases are notoriously difficult and emotionally challenging, especially for the family, so it is wise to consult with and hire an experienced attorney to represent you and your family.

At the Law Office of Matthew A. Rubner, the attorneys at our law offices have the knowledge, skills, and experience to help you and your family begin to heal from this devastating loss. We have been representing the families of accident victims in and out of court with years of experience, and we truly believe that justice needs to be served. Our legal team will investigate the circumstances of the accident, gather needed evidence (documents, photos, videos), contact eyewitnesses, call in medical experts (or other relevant experts in the field), and develop a solid legal strategy for your case.

Additionally, we work on a contingency fee basis, so you and your family do not have to worry about our attorney fees piling on top of your already growing stack of medical expenses and other bills. If we do not win your case, you do not need to pay us!

Contact us today to schedule your free consultation with our team and begin to form a strong attorney-client relationship with us. We will fight for you and your family!

Call 434-ASK-MATT to get started with a FREE case evaluation. We’re here for you. Help is just a phone call away. We are available 24/7.

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Locations

NORTH SHORE OFFICE:

100 Cummings Center, Suite 207-P Beverly, MA 01915

BOSTON OFFICE:

One Marina Park Drive, Suite 1425 Boston, MA 02210

Affiliate Office Locations:

Woburn MA, Framingham MA, Plymouth MA, Amherst MA, Worcester MA