Worcester Wrongful Death Lawyer
A victim dying because of someone else’s negligent or wrongful act could entitle their survivors to bring a lawsuit against the liable party.
Accidental deaths might happen when defective products explode, medical professionals are negligent, or drivers are reckless. When confirming if you have a cause of action, our lawyers will investigate the circumstances surrounding the victim’s death, including any parties that appear to be involved. We can then confirm the plaintiff for the lawsuit and prepare to file it before the statute of limitations runs out, which will be three years after the victim’s untimely death. We can also help prepare survivors for their possible recoveries, which may include compensation for economic and non-economic damages, as well as punitive damages.
Get a confidential and free case review from the Law Office of John J. Sheehan by calling our wrongful death lawyers at (617) 925-6407.
Appreciating Some of the Top Causes of Wrongful Deaths in Worcester
When accidental deaths happen, victims’ survivors may have difficulty determining if another party is to blame and can be held accountable in court. Many of the top causes of wrongful deaths in Worcester boil down to negligence, including fatal defective product accidents, car accidents, medical malpractice, and falls.
Defective Products
Many of the products we use daily could be dangerous if not properly designed or made. While defective product accidents could happen in the home, they are particularly common on construction sites and other workplaces in Worcester. Defective construction equipment could be especially dangerous if it explodes, causing victims fatal burn injuries. In these situations, the product manufacturer may be liable, and our wrongful death lawyers can have experts review the defective product to strengthen claims.
Medical Malpractice
It is rarely assumed that the medical professional a victim went to for treatment would be responsible for their death. Unfortunately, failure to uphold medical standards and treat victims appropriately could be fatal and constitute medical malpractice. Malpractice could take many forms, such as making avoidable errors during surgery or administering the wrong dose of medication, and our lawyers can review the deceased victims’ medical records to determine what went wrong.
Car Accidents
Negligence while driving can cause some of the most serious injuries to victims. Drivers might breach their duty of care and harm others when they drive over the speed limit, while drunk, or while distracted. Aggressive driving and following other cars too closely could lead to rear-end accidents, during which victims may suffer fatal spinal cord injuries or internal bleeding.
Car accidents are most damaging when they happen at high speeds. Struck cars might roll over or be pushed into oncoming traffic, increasing the risk of victims suffering traumatic brain injuries and other life-altering harms. Motor vehicle accidents of any kind could be deadly, particularly if they involve large trucks, pedestrians, bicyclists, or motorcyclists.
Hazardous Property Conditions
Hazardous conditions on properties may cause victims to trip, slip, or fall, suffering fatal injuries in the process. Falls from higher heights are more likely to be fatal, and victims might fall from scaffolding on construction sites or off poorly secured balconies. Falls down stairs might be fatal as well, as victims might suffer traumatic internal injuries during such accidents. When fatal falling accidents are due to negligent property maintenance, our lawyers can help survivors pursue compensation against the owners.
What to Know About the Wrongful Death Statute for Worcester Claims
Massachusetts’s wrongful death statute contains important information and instructions about lawsuits, including who can file claims, when claims must be brought, and what damages survivors can recover from liable parties.
Who Can File
According to Mass. Gen. Laws Ch. 229, § 2, the executor or administrator named in the decedent’s will be the one to act as the plaintiff in a wrongful death lawsuit. Generally speaking, this is someone close to the victim, like their spouse or parent, but it does not have to be. Regardless of who the plaintiff is, the compensation awarded in the case will be divided appropriately among the victim’s surviving spouse and children. Figuring out who the eligible plaintiff among the victim’s survivors is will be crucial, as delaying this could delay the claim itself.
The Statute of Limitations
Survivors must also be acutely aware of the statute of limitations and how it applies to lawsuits for wrongful deaths. Massachusetts gives plaintiffs three years from the victim’s date of death to file lawsuits in court. Much preparation is involved for wrongful death cases, so do not delay contacting our lawyers if your loved one’s death was untimely or happened during a major accident, like a car crash. Time is of the essence in these cases, and we can handle preparing complaints for survivors who may still be emotionally reeling from a loved one’s death. The statute of limitations begins to run the day the victim dies, which may differ from the date they were injured. Not filing your case before the deadline would prevent you from getting compensation.
Recoverable Damages
Massachusetts allows survivors to seek compensation for many damages when filing wrongful death lawsuits, including loss of expected net income, funeral and burial costs, and loss of companionship, guidance, and comfort. Furthermore, suppose a victim’s death was due to the defendant’s willful, malicious, reckless, or wanton conduct. In that case, juries will award no less than $5,000 in punitive damages on top of the compensable damages they award survivors. For example, juries may award survivors punitive damages after victims die in drunk driving accidents, as getting behind the wheel severely intoxicated may be considered gross negligence. Before filing your case, we can estimate your losses so you know what to anticipate from a settlement or jury award.
Call Us for Help with Your Wrongful Death Case in Worcester
For help with your case, call the Law Office of John J. Sheehan’s wrongful death lawyers at (617) 925-6407.
