Lowell Wrongful Death Lawyer

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When accidents turn fatal, leaving victims’ survivors with economic and non-economic damages, they can respond by filing lawsuits against liable parties in Lowell.

Wrongful death complaints that do not contain the appropriate information about the plaintiff, beneficiaries, defendant, cause of action, and requested damages may be dismissed by the court. Our lawyers can ensure this does not happen by writing and submitting an accurate complaint complete with all of the information a judge needs to accept your lawsuit. We can do this before the statute of limitations on wrongful death cases runs out so you do not lose your opportunity to get justice for your deceased loved one.

Call (617) 925-6407 for help with your case from the wrongful death lawyers at the Law Office of John J. Sheehan.

How Our Lawyers Write Wrongful Death Complaints in Lowell

Families reeling from the unexpected death of a loved one in an accident, like a car crash, falling incident, defective product accident, or other event, can turn to our lawyers for help writing and filing wrongful death complaints in Lowell. Incomplete complaints could be dismissed by the court, forcing plaintiffs to refile and potentially delaying survivors’ access to compensation. If a complaint is dismissed too close to the filing deadline, the plaintiff might not have time to refile before the statute of limitations runs out, blocking them from holding a party accountable for their wrongful or negligent act.

Naming the Plaintiff and Beneficiaries

First, the complaint must identify who the plaintiff and beneficiaries are in the lawsuit. According to Mass. Gen. Laws Ch. 229, § 2, plaintiffs in wrongful death actions are executors of victims’ estates. These individuals might act as plaintiffs and represent survivors, but they may not necessarily benefit from compensation awarded in the case, depending on their relationship with the victim. Beneficiaries in these lawsuits are typically victims’ spouses and children, and we will name all eligible beneficiaries in the complaint. We can also explain how damages will be divided among beneficiaries so that survivors know what to expect at the end of the lawsuit.

Naming the Defendant

Then, we will identify who the defendant is in your case. Sometimes, liability for wrongful deaths is shared by several parties, somewhat complicating matters for plaintiffs. For example, liability for fatal commercial truck accidents may be shared between the individual negligent truck driver and their employer. When investigating a fatal accident, our wrongful death lawyers will assess the negligence of all parties involved so we can maximize survivors’ recoveries and help them hold everyone who should be held accountable responsible in court.

Summarizing the Cause of Action

The next step will be to explain the cause of action and summarize the circumstances of the victim’s death. Depending on the accident’s details, this will vary from case to case. If the victim died in a car accident, we would explain what the other driver did to breach their duty of care. Common fatal breaches include excessive speeding, aggressive driving, and drunk driving. The summary we provide in the complaint will act as the foundation of your case, and leaving out crucial details about the defendant’s actions could lead to a dismissal.

Citing Survivors’ Damages

Finally, we must include compensation requests in the complaint. In addition to holding the liable party accountable, the purpose of the claim is to make survivors whole again after a loved one’s wrongful and unexpected death. Because of this, beneficiaries can seek compensation for many damages, including loss of net income. This is crucial when decedents are large financial contributors to their families and die unexpectedly, leaving survivors without the means to support themselves and pay the various expenses related to the victim’s death, like funeral and burial costs. We can seek compensation for those damages, too, as well as intangible damages. We may enlist experts to support calculations for non-economic losses, like loss of companionship, guidance, comfort, counsel, protection, and care. If we believe gross negligence caused the victim’s death, we may also seek punitive damages. When gross negligence is proven in court, juries must award at least $5,000 in punitive damages to beneficiaries, if not more.

Filing a Wrongful Death Complaint on Time in Lowell

After writing the complaint, our lawyers will file it in court. Not submitting this complaint before the statute of limitations ends would prevent you from getting justice for your deceased loved one against the party responsible for their death, and we can prevent this from happening by prioritizing your case.

Massachusetts gives wrongful death plaintiffs three years after a victim dies to file lawsuits in court. If the cause of death is not discovered until later, the statute of limitations may begin to run from the date of discovery. Relying on potential exceptions to the statute of limitations is inadvisable, as they are applied sparingly and few cases qualify.

The three-year statute of limitations only dictates how long you have to file a lawsuit. It does not affect how long your lawsuit could take after filing. While many wrongful death lawsuits settle out of court, some go to trial when defendants refuse to give fair proposals during negotiations. Settling does not necessarily mean your case will end sooner, though our lawyers may employ various tactics to hasten your recovery.

Because going to trial is possible, our lawyers will intentionally collect and preserve evidence relevant to your case from the get-go. This may include getting statements from eyewitnesses who were present during the fatal accident, reports from law enforcement who responded to the scene, and the victim’s medical records showing their cause of death. These types of evidence may be necessary to meet the standard of proof for cases that go to trial in Lowell.