Taunton, MA Wrongful Death Lawyer
While most people understand that accidents and death are a part of life, it makes these things no easier to deal with when they happen. Contact a lawyer immediately if you lost a loved one because someone else acted negligently.
Various circumstances and accidents might lead to a wrongful death claim. Common circumstances in many lawsuits include car accidents, medical malpractice, and injuries in the workplace, although many other factors might play a role. Damages are often very substantial in wrongful death claims, as losing a loved one may take a significant financial and emotional toll on family members. Filing a case for wrongful death is more complicated than ordinary injury cases. In Massachusetts, a personal administrator or representative of the deceased individual’s estate must file the claim, although family members may be included as beneficiaries. We need details about your loved one’s accident and the ultimate cause of death to prove your claims.
Make an appointment for a free review of your case with our wrongful death lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407.
Circumstances Often Involved in Wrongful Death Claims in Taunton, MA
Any number of accidents or acts of negligence might lead to wrongful death. Although it might be tough to relive, you and your attorney must review the details of your family member’s passing to determine how their injuries occurred. Knowing this might help you determine who should be held liable and what evidence is required for your case.
Car accidents are a very common factor in wrongful death claims and arguably one of the most common factors in injury claims in general. The thing about car accidents is that there is no such thing as a pure accident. Almost all accidents are avoidable and only happen because another driver acted negligently.
Common causes of deadly car accidents include traffic violations (e.g., running red lights, speeding, failing to signal), drinking and driving, and distracted driving. The other driver might have meant no harm and feel very remorseful, but you and your family still deserve compensation and justice.
While doctors are very intelligent people whom we place all our trust in when we are most vulnerable, they are not infallible. Doctors frequently make mistakes when administering medical care. While not every mistake is considered malpractice, they might be if they cause treatment to fall below the standard of care.
Figuring out you have a claim for wrongful death related to medical malpractice can be tricky. Effective treatment is not guaranteed, and people do not always recover from injuries and illnesses, even with the best care. Our wrongful death attorneys can get other medical experts to review your case to help us determine whether your loved one’s medical treatment fell below the standard of care.
Accidents at Work
Workplace accidents and injuries are common, and severe accidents might be fatal. Wrongful death cases rooted in work accidents often relate to inherently dangerous jobs. Those who work with heavy machinery, power tools, or in risky locations are at greater risk. However, many wrongful death claims stem from accidents in seemingly safe places like typical work offices.
It is important to speak to a lawyer about your case, as you might be hindered by the Workers’ Compensation system. Often, employers cannot be sued for workplace accidents, and damages are instead covered by Workers’ Compensation insurance. However, there are various exceptions to these rules, and your lawyer can help you find them.
Damages Available in Taunton, MA Wrongful Death Lawsuits
Damages in cases of wrongful death are known for being significant. Considering the financial toll the loss of a loved one can take on a family and the emotional anguish survivors face, it makes sense that damages run high.
Pecuniary losses, or those related to money, may be rooted in typical end-of-life costs. Your damages should account for the cost of a funeral and burial. You might have additional economic losses to claim. For example, spouses and children often claim the loss of the deceased person’s financial support. You should also consider the costs your family member sustained before they succumbed to their injuries. After an accident, your loved one might receive expensive medical care before passing away. Those medical bills must be accounted for in your damages.
Non-economic damages encompass emotional, psychological, and physical experiences that technically do not cost plaintiffs money. Even so, they deserve compensation. In wrongful death cases, family members may be compensated for emotional anguish, loss of consortium, companionship, parental guidance, and other painful damages.
People Involved in Taunton, MA Wrongful Death Cases
While you might want to hire a lawyer and begin a wrongful death case immediately, it is not so simple. In Massachusetts, according to Mass. Gen. Laws Ch. 229 § 2, only a personal representative of your deceased loved one’s estate can file the lawsuit. It is the representative’s name that will be on the case, not necessarily yours.
Often, a family member such as a spouse or adult child is designated as the personal representative by the deceased’s will. Alternatively, close friends or even attorneys might be named. You may still be a beneficiary even if you are not named as a personal representative.
Beneficiaries include the various family members who experienced loss and damages because of the wrongful death. Courts might limit beneficiaries to immediate family members, although extended family members might also recover damages under certain circumstances.
What You Need to Prove Your Claims of Wrongful Death in Taunton, MA
Wrongful death claims involve serious accusations against defendants, and strong evidence is needed to back up those accusations. Perhaps the most important evidence is your loved one’s medical records from when they passed away. We need some official proof of the cause of death. We also need evidence showing that the defendant is the direct cause of your loved one’s injuries.
We also need proof of your damages. We cannot simply name arbitrary amounts of money and demand compensation. We need to prove why your damages are worth so much. Financial records, medical bills, and other records can help us establish financial damages. You and other family members might need to testify about your pain and losses to establish non-economic damages.
Call Our Taunton, MA Wrongful Death Lawyers for Legal Support Today
Set up an appointment for a free analysis of your potential lawsuit with our wrongful death lawyers at the Law Office of John J. Sheehan by calling (617) 925-6407.