Weymouth, MA Wrongful Death Lawyer
When someone suffers a fatal accident, their loved ones may be able recover financial compensation by filing a wrongful death lawsuit against the at-fault party. There are several types of accidents that regularly give rise to such claims. For example, wrongful deaths may result from motor vehicle collisions, construction site accidents, and instances of medical malpractice.
There are multiple types of monetary damages that plaintiffs in wrongful death lawsuits can recover. However, the process for recovering these damages can be complicated. There are several conditions that must be satisfied when bringing wrongful death claims to court. Further, defendants often attempt to shift blame and dispute key elements of plaintiffs’ cases.
If your loved one was killed because of someone else’s negligent or intentional actions in Weymouth, MA, seek help from our experienced wrongful death attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407.
Who Can File a Wrongful Death Lawsuit in Weymouth, MA
After a wrongful death, damages may be awarded to multiple of the victims’ family members. However, cases must be brought to court by the appropriate parties.
In some other states, there are multiply family members of the deceased who may be permitted to file a wrongful death lawsuit. However, in Massachusetts, such a case has to be filed by the executor or administrator of the victim’s estate. Typically, this person will be named in the victim’s will or estate plan. If an administrator was not named, then one may be appointed by the court.
If you are seeking damages for a loved one’s death, then our wrongful death attorneys will find the right person to file your case. Afterwards, we will help build your claim and fight for the maximum amount of payment available to you.
How Long Do You Have to File a Wrongful Death Case in Weymouth, MA?
The time limit to file a wrongful death case in Massachusetts is governed by Mass. Gen. Laws Ch. 229, § 2. Usually, potential plaintiffs will have three years from the date of a death to bring their case to court. If a plaintiff waits too long to file, then the defendant will likely move to dismiss their claim.
Even though you may have years to bring your wrongful death case to court, you should begin working on your claim right away. Crucial evidence needed to support your lawsuit may become hard to preserve and collect as time goes by. For instance, witnesses may leave town or forget pertinent details. Further, physical evidence can deteriorate. The sooner you start work on your case, the more efficient your evidence collection process may be.
Common Causes of Wrongful Deaths in Weymouth, MA
There are several different types of accidents that can produce fatal harm. For example, the following are all common causes of wrongful deaths in Weymouth:
Car accidents are one of the leading causes of wrongful deaths. When drivers fail to obey traffic laws, drive recklessly, or engage in distracted driving, they put themselves and others at risk. For instance, a driver who is texting while driving runs a red light, causing a collision that results in the death of another motorist. In this scenario, the surviving family members of the deceased may have grounds to file a wrongful death lawsuit against the at-fault driver.
As a result of their size and weight, truck accidents can cause catastrophic consequences on the road. Negligent truck drivers who violate hours-of-service regulations, drive while fatigued, or fail to maintain their vehicles properly can be held accountable for wrongful deaths they cause. For example, if a truck driver falls asleep at the wheel and collides with multiple vehicles, leading to fatalities, the families of the deceased victims may pursue a wrongful death claim against the trucking company and the driver.
Construction sites are inherently hazardous environments, and when safety protocols are not followed, fatal accidents can occur. Examples include falls from heights due to inadequate safety harnesses or equipment failures, and incidents involving heavy machinery. If a construction worker tragically loses their life due to the negligence of a contractor or equipment manufacturer, their family may have the right to seek compensation through a wrongful death lawsuit.
Motorcyclists are more vulnerable on the roads, and collisions with other vehicles can lead to fatal injuries. When drivers fail to yield the right of way to motorcyclists, or when they change lanes without checking their blind spots, fatal accidents can happen. For instance, if a motorcyclist is struck by a distracted driver who failed to see them while changing lanes, the motorcyclist’s family might pursue a wrongful death claim.
Pedestrians are at significant risk when crossing roads or walking near traffic. Drivers who do not obey crosswalk signals, fail to stop at pedestrian crossings, or drive recklessly in pedestrian-dense areas can cause fatal accidents. If a driver strikes and kills a pedestrian due to negligence, the victim’s family may seek justice through a wrongful death lawsuit.
Accidents Caused by Defective Products
When products are defective and cause fatal accidents, the manufacturers, designers, and sellers may be held liable for the wrongful deaths. For instance, if a faulty airbag fails to deploy during a car accident, resulting in a fatal injury that could have been preventable, the family of the deceased may have grounds to pursue a wrongful death claim against the car manufacturer.
Medical professionals are expected to provide a certain standard of care to their patients. When doctors cause fatal injuries by failing to live up to that standard, their actions may constitute medical malpractice and they may be sued. If you suspect that your loved one was killed because their physician acted negligently, then our legal team can evaluate the strength of your potential lawsuit.
Call Our Wrongful Death Attorneys for Assistance with Your Case in Weymouth, MA
Seek help from our experienced wrongful death lawyers at the Law Office of John J. Sheehan by dialing (617) 925-6407.