The death of a loved one in a tragic Massachusetts accident can have life-long devastating impacts on the victim’s family. Under the law, when another’s negligence played a part in the victim’s injuries or death, the surviving family members may be able to recover damages. Massachusetts law permits family members to recover for their losses under the state’s wrongful death statute.
A wrongful death occurs when a person dies because of the negligent, wrongful, or reckless conduct of another party. Typical defendants in these cases include individuals, companies, government agencies, or other similar parties. Wrongful death actions follow the same general theories as personal injury claims, except that they are deceased. However, wrongful death claims differ from survival actions. Under Massachusetts law, a spouse, partner, or child of the victim can file a wrongful death lawsuit. On the other hand, survival actions are generally brought on behalf of the victim’s estate to compensate the person who died.
Massachusetts wrongful death claims may follow a variety of different incidents. For example, many wrongful death claims arise from assaults, birth injuries, car accidents, motorcycle accidents, truck accidents, pedestrian collisions, recreational activity accidents, and defective products. However, Massachusetts maintains several exceptions to the wrongful death statute. For example, in some cases, employers may not face liability for an employee’s wrongful death if they died while on the job. However, family members may be able to pursue a legal claim under a different legal theory.
Recently, a local Massachusetts news report described a harrowing accident involving a pedestrian. According to reports, a car struck the pedestrian near an intersection. Tragically, the pedestrian died as a result of the crash. The driver remained at the scene of the accident, and the case is still under investigation.
After a successful Massachusetts wrongful death lawsuit, families can recover financial compensation for their damages. Damages vary depending on the unique circumstances of each case. However, typical wrongful death damages include payments related to medical treatment before the victim died, loss of income and benefits, burial and funeral expenses, and companionship loss. Although rare, punitive damages may be available in cases involving the defendant’s particularly egregious, malicious, or intentional conduct. Family members must abide by the statute of limitations and seek representation as soon as possible.
Have You Lost a Loved One in a Massachusetts Accident?
If you or someone you know has suffered serious injuries or died in a Massachusetts car accident, contact the attorneys at the Law Offices of Barry Feinstein And Affiliates P.C. The attorneys at our law firm have over 25 years of experience advocating on behalf of Massachusetts injury victims against big insurance companies, negligent government entities, and at-fault motorists. We handle claims arising from car, truck, or motorcycle accidents, medical malpractice, nursing home abuse, and wrongful death. We possess both the compassion and legal acumen necessary to effectively advocate on behalf of Massachusetts injury victims and their loved ones. Contact our law firm at 800-262-9200, to schedule a free initial consultation with an attorney at our office.