Wrongful death lawsuits let survivors get damages for the many losses associated with losing a loved one. Let us identify all damages, from funeral and burial expenses to non-economic damages like loss of companionship and guidance, and do what is necessary to recover them in a lawsuit.
We can help determine whether you have a case and if you are an eligible plaintiff or beneficiary. We can also organize evidence that proves liability for the victim’s death, such as photos, videos, witness statements, and medical records. Our lawyers will also write and file the complaint that starts a wrongful death lawsuit in Haverhill. After we file the case, we may negotiate a settlement that lets you stay out of court, or we may prove the defendant’s fault at trial.
Discuss your case for free with our wrongful death lawyers when you call the Law Office of John J. Sheehan now at (617) 925-6407.
How Can a Wrongful Death Lawyer Help Me in Haverhill?
Rely on our experienced wrongful death lawyers for help with every aspect of your claim after a fatal accident in Haverhill, from identifying all qualified beneficiaries to litigating a case in court.
Determine if You Have a Case
First, our lawyers can determine if you have a case. Generally speaking, a plaintiff may file a wrongful death lawsuit if the victim would have had reason to file a personal injury lawsuit had they survived.
To determine if you have a case, we will see if the other party owed the victim a duty of care and breached the duty of care through negligent or reckless conduct, killing the victim and causing survivors’ damages.
Confirm if You Are an Eligible Plaintiff
Only the decedent’s personal representative, who is also the executor of their estate, may file a wrongful death lawsuit in Massachusetts. Often, a victim’s executor is their spouse, adult child, or trusted friend. The executor gets appointed during probate, after which our lawyers can file a wrongful death lawsuit on their behalf. If you are not the executor, we can help determine who is and will represent you and other beneficiaries as the plaintiff.
Identify All Beneficiaries
We will also identify all beneficiaries of the wrongful death claim. The executor does not necessarily recover damages, unless they are also a beneficiary because of their relationship with the victim. Under Mass. Gen. Laws Ch. 229, § 1, persons entitled to recover include the victim’s surviving spouse and children. If the victim leaves no surviving spouse or children, the living next of kin is entitled to compensation from a wrongful death lawsuit.
Organize Evidence
Our attorneys will also organize evidence for the lawsuit. While you are grieving the victim’s death, we can speak to witnesses, obtain medical records, review incident reports, and analyze photos, all of which we may use to prove the wrongful death case.
Quantify Damages
We know what damages are available from wrongful death claims in Massachusetts. Beneficiaries may recover the loss of reasonably expected net income, protection, care, comfort, companionship, and guidance. Beneficiaries may also recover all funeral and burial expenses in a lawsuit. Beneficiaries may even get punitive damages of no less than $5,000 for deaths due to a defendant’s malicious, willful, wanton, or reckless conduct, according to § 2.
No damages are capped in wrongful death lawsuits in Haverhill, and we can seek whatever you and other survivors deserve for economic and non-economic losses.
Write the Complaint
Plaintiffs file wrongful death lawsuits in Haverhill by submitting complaints to the court. The complaint must explain your reason for filing the lawsuit and how the defendant is liable for your injuries. We must also name the defendant and request a specific amount in compensation in the complaint.
If complaints are incomplete or inaccurate, judges may dismiss them, and our lawyers can prevent this from happening when we handle your case.
File the Lawsuit
Let us file a timely wrongful death claim on your behalf. The statute of limitations for these lawsuits in Massachusetts is three years, the same amount of time plaintiffs have to file personal injury lawsuits. Avoid filing late at all costs, as this might block you and other survivors from getting any damages for a loved one’s untimely death.
Negotiate a Settlement
Negotiating wrongful death settlements can be very difficult for survivors, who can rely on our lawyers to handle this part of the lawsuit as well. Settlements can keep cases out of court while still letting survivors get justice for the victim’s death and hold the liable party accountable.
We will alert you to any good settlement offers, and can keep negotiating until proposals increase. You cannot force anyone to settle, and the defendant may refuse to increase offers even in the face of strong evidence.
Settlements should compensate beneficiaries for their long-term damages. We will consider the effects of years of lost wages, companionship, guidance, and other damages, and will not advise you to accept a lowball settlement.
Represent You at Trial
Few wrongful death lawsuits go to trial, but our lawyers will represent you in court if that is the best way to get justice. Many survivors want to go to court to hold defendants publically accountable, which is very understandable.
A trial is our opportunity to prove exactly how the defendant is liable for the victim’s death and their victim’s damages. A jury award from a trial might be more than any settlement offer from the defense, especially if punitive damages are on the table.
Survivors may testify about their damages when wrongful death lawsuits go to trial. We can prepare you and other beneficiaries to testify mostly about your non-economic damages. If you or others witnessed the fatal accident, testifying about the defendant’s negligence may help prove our case.
For a Free Case Review, Call Our Haverhill Lawyers
Call the Law Office of John J. Sheehan’s wrongful death lawyers for help with your case at (617) 925-6407.