Losing a loved one can be extremely difficult, and your family might endure significant emotional and economic turmoil. If your loved one passed away because someone else acted negligently and caused an accident, you may file a wrongful death claim to recover damages. Evaluating damages in these cases is challenging, as every life is priceless, and damages will likely be high.
A wrongful death claim involves the passing of a family member because of the wrongful or negligent actions of another. While accidents are common claims, intentional killings are also included. Damages may be based on your economic losses, like the loss of your loved one’s financial support, and your emotional suffering. To support your case, we likely need extensive medical records to establish the cause of death and show how the defendant is responsible.
Get a free, confidential case assessment from our wrongful death attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.
How to Know if You Have a Wrongful Death Claim
While the loss of a beloved family member can feel wrongful on many levels, not every loss may be considered wrongful in a legal sense. What makes a wrongful death claim is explained under Mass. Gen. Laws Ch. 229 § 2.
First, you may have a claim if someone negligently causes the death of your loved one. Typically, the deceased person must be a close family member, and you usually may not file a wrongful death claim if you are not related to the deceased person.
Second, you may have a claim if someone causes the death of your loved one by wanton, willful, or reckless conduct. Unlike negligence, this kind of conduct may be intentional or involve a high degree of unreasonable risk.
Third, the defendant is a common carrier of passengers and either negligently or through wanton, willful, or reckless conduct causes the death of a passenger under such circumstances that the victims could have recovered damages for personal injuries if they had survived. This kind of claim may arise if you lost a loved one in something like a plane crash or a bus accident.
Finally, a wrongful death claim may arise when the defendant is responsible for a breach of warranty under the Uniform Commercial Code that causes death. This might come up in a case where someone is fatally injured by a defective consumer good.
Available Damages in a Wrongful Death Case
One of the biggest parts of your case is damages, and we must make sure they are accurately accounted for. Damages in wrongful death cases are often substantial, as courts often have a hard time placing monetary value on a person’s life.
First, you may be entitled to damages for the fair monetary value of the victim’s life, including lost income, services, care, companionship, comfort, guidance, and assistance. This may include various economic and non-economic injuries and losses. The more you depended on your loved one for support, the greater these damages should be.
Next, you may claim the reasonable cost of funeral and burial expenses. These expenses are often high, and the average funeral usually costs several thousand dollars at least.
You may also be able to claim punitive damages, but these are more unusual and harder to prove. Punitive damages are designed to punish defendants for extremely bad behavior, and we must prove your claims for these damages by “clear and convincing evidence,” which is a very high burden of proof.
When to Begin a Wrongful Death Case in Hopkinton
You only have so much time to get medical attention for injuries, contact a lawyer, and file a personal injury case. If you wait too long, you might find yourself unable to file your claims.
The limitation period set by the statute of limitations allows wrongful death claimants in Massachusetts only 3 years to file their claims. This time begins on the date of death, which might not necessarily be the same day that the victim was initially injured.
In some cases, the manner of someone’s death is unclear, and family members might not realize that the death was wrongful until much later. In such cases, plaintiffs may file wrongful death cases within 3 years of when the executor or administrator of the deceased person’s estate knew or reasonably should have known the factual basis for the cause of action.
How to Support a Wrongful Death Case
Wrongful death cases are difficult to deal with for many reasons. Not only are they highly emotionally charged, but gathering evidence to prove your claims may be more difficult than you realize.
Perhaps the most important evidence in your case will be your loved one’s medical records. A key element in a wrongful death is proving the cause of death and showing how the defendant is responsible. Medical records and testimony from medical experts can help us prove how your loved one passed away and how the defendant is directly responsible.
We may also seek help from people who were at the accident and saw what happened. Witness testimony can be very persuasive when the witness has a clear memory of the accident. Having multiple accidents may allow us to piece together a complete picture of what happened.
How Long Your Hopkinton Wrongful Death Case May Take
While civil lawsuits have a reputation for taking a very long time to complete, this is not always the case, and some plaintiffs receive fair compensation relatively quickly. Numerous factors may influence how long it takes to finish your case.
Many cases overlap with the criminal justice system, and the defendant in your case may be criminally charged depending on how they caused your injuries. In that case, a criminal trial may take precedence over your civil claims, and your civil case may take longer.
Settlements allow plaintiffs to get financial compensation faster without having to go through a lengthy trial. If you are open to a settlement and the defendant is willing to negotiate, you may be able to get what you need sooner without having to endure a trial.
Reach Out to Our Hopkinton Wrongful Death Attorneys for Help Now
Get a free, confidential case assessment from our wrongful death attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.