Law Office of Christopher Earley

Boston Wrongful Death Lawyer

Nothing can be more devastating than losing a loved one.  Frequently these tragic losses are the result of a person or company’s negligence.  If a person or company is responsible for the loss of a loved one, they can be sued and held liable for all losses and damages the death caused.

As Boston wrongful death lawyers, our firm is committed to obtaining full and fair compensation for the decedent’s surviving family members.

Boston wrongful death lawyer

Who Can File A Wrongful Death Lawsuit?

The wrongful death statute in Massachusetts allows for either the executor or administrator of the decedent’s estate to file the lawsuit.  The case can be brought on behalf of the surviving spouse, children, or parents.  The party bringing the lawsuit is the plaintiff and the one being sued for damages is the defendant.  These cases are typically filed in Superior Court.

They can be very complicated as there are frequently many parties involved.  It can take years between the date the lawsuit is filed until an actual trial.  At times, these cases do settle prior to trial.

What Damages Are Recoverable?

These type of lawsuits are civil lawsuits, rather than criminal prosecutions that are brought by the state.  Civil wrongful death lawsuits are intended to recover financial damages against the responsible party.  On the other hand, criminal prosecutions are focused on judicial proceedings against the accused for an alleged crime.

Some of the damages that can be pursued in wrongful death cases are:

  • Loss of future financial support
  • Loss of companionship
  • Funeral and burial expenses
  • Punitive damages (in specific situations only)

What Is The Statute Of Limitations For Wrongful Death Claims?

A wrongful death case, like most personal injury cases in Massachusetts, must be filed in court within three years of the date of death.  However, with these cases, it is advisable to not delay in bringing a case. The reason is that important evidence can be lost. Additionally, witnesses can disappear with the passage of time.

What Are Some Common Causes Of Wrongful Death?

There are many, many potential causes of negligently caused wrongful death.  Here are some common types:

Auto accidents

Construction accidents

Slips and falls

Bicycle accidents

Truck accidents

Brain Injuries (TBI)

Nursing home abuse cases

Motorcycle accidents

Pedestrian accidents

MBTA accidents

Elevator and escalator accidents

It is important to note that if an employee is killed at work, he/she cannot sue the employer.  What can be filed though is a workers compensation claim.

Boston Wrongful Death Lawyer that can help you

This process can be long, confusing, and hard to go through when you don’t have legal representation.  Don’t go through this process alone.  Hire us to fight for the losses the passing of your loved one caused.  We are compassionate and determined to get each and every one of our clients a full cup of justice.

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