Losing a loved one in an accident, a workplace injury or product liability case is already painful enough but accumulation of medical bills and unexpected expenses makes everything worse. You do not have to go through the pain and financial burden alone, especially if your loved one died due to someone else’s negligence.
You have the right to pursue compensation by filing a wrongful death claim. While this may seem like a difficult or even selfish thing to do, consider how much it will help ease the pain of expenses and difficulties of losing someone unexpectedly. You can successfully file a claim by hiring a Plymouth wrongful death attorney to guide you through the process.
What is a Wrongful Death Claim?
In cases where the death of a loved one is brought about due to the negligence of another person or organization and it’s proven through investigation, the next of kin or spouse can file a wrongful death lawsuit.
In order for the process to go smoothly and for you to maximize the results of the claim, you should consider hiring a wrongful death lawyer in Plymouth.
Who Can File a Wrongful Death Claim in Plymouth, MA?
A wrongful death claim is a civil lawsuit so the executor or administrator of your loved ones real estate can file a wrongful death lawsuit. Any liability will be expressed solely in terms of money damages.
In some cases, you cannot sue government agencies and their employees for wrongful death claims. They are entitled to immunity but this depends entirely on the situation so you should talk to your Plymouth wrongful death attorney to determine if you can file a lawsuit.
In 2013, the US Supreme Court also decided that generic drug manufacturers can’t be held liable or be sued for wrongful death. You can read about the events that led to the decision here.
What Kinds of Damages can be Paid?
As the next of kin, you are probably wondering what kinds of damages you are entitled to in a wrongful death case. In Plymouth, wrongful death lawsuits may be available to compensate for:
- Reasonable funeral and burial expenses
- The care, advice, counsel, guidance and comfort your loved one would have provided you and his family members
- Lost income and future income your loved one could have earned in their lifetime
Massachusetts law allows for punitive damages in wrongful death lawsuits if they find that the person responsible for the death acted so intentionally, maliciously or with gross negligence. Punitive damages are typically not less than $5, 000. You can be awarded higher amounts if the evidence presented shows that the defendant acted negligently or maliciously.
Punitive damages are not meant to compensate you for the loss of your loved one; they are meant to punish the person that caused their death and to send a message to other people who might be thinking of acting the way they did.
Time Limit for Filing a Wrongful Death Case
There is a statute of limitations for filing a lawsuit in Plymouth, MA. You are required by law to file any wrongful death claim within three years after the date of your loved one’s death or after the date you knew they died.
The date is very crucial to filling the case so you should consult a Plymouth wrongful death lawyer in order to determine when the deadline falls in your case. They will adequately prepare and file your case before that date.
Extra Factors in a Wrongful Death Claim
Most wrongful death claims are associated with other factors like a car accident, workers compensation, medical malpractice or negligence by a company or individual. One of the main reasons why people pursue wrongful death claims aside from getting compensation, is to hold the person responsible accountable or to bring to light on a dangerous situation that needs to be changed.
For example, if your loved one suffered abuse in a nursing home, which eventually led to their premature death, filing a wrongful death claim will expose the home’s recklessness and compensate you for the premature death.
If you have lost a loved one due to someone else’s carelessness, you do not need to go through it alone. We can help you get the justice you deserve. Contact one of our wrongful death lawyers at Kevin P Landry Offices by calling 508-746-2700 or by visiting our offices in Plymouth for a free initial consultation.