When you unexpectedly lose a loved one, you are left with a lot to deal with such as expenses and a lot of confusing details if the death was caused by the negligence of a third party. The law in Massachusetts protects the rights of survivors to be compensated for losses they have sustained due to the loss of a loved one if the death was a result of negligence. Hiring a trusted Fall River wrongful death lawyer can help guide you through the process of securing compensation.
The Massachusetts Wrongful Death Act
Under Massachusetts law, only an administrator or an executor of the deceased person’s estate can file a wrongful death lawsuit. Chapter 229 of the Massachusetts statutes makes provisions for the kinds of compensation available, amount recoverable, and any other aspect of a wrongful death claim.
In the lawsuit, you might come across a few terms and they include:
Standing. This refers to your right to file a lawsuit. If, for example, you were simply a witness that saw what happened, you cannot sue the negligent party. If, however, you were an immediate family member or the surviving spouse, you can file a lawsuit. However, ensure that you consult a Fall River wrongful death lawyer to find out if you are entitled to compensation for the loss of your loved one.
Damages. These are the legal losses that you sustained as a result of the other party’s negligent actions. Section 2 of chapter 229 states that the person whose actions caused the death shall be required to compensate you a fair monetary value that covers funeral and burial expenses of your loved one, loss of income, companionship, care, protection, etc. In some cases, punitive damages may also apply if your loved one’s death was caused by reckless, wanton, and malicious conduct of the negligent party.
Notable Massachusetts Wrongful Death Cases
Wrongful death claims are complicated and require the expertise of a diligent and experienced wrongful death lawyer. If you believe that your loved one would be here with you today if it weren’t for the negligent actions of the at-fault party, you should speak to a Fall River wrongful death lawyer near you immediately. With that being said, no two wrongful death cases are exactly the same. Below are the circumstances under which a wrongful death might occur:
Wrongful Death Due to Car Accident
In this case, the wrongful death may be the fault of the driver, the car manufacturer, or the government for failing to maintain safe roads. Special rules apply if your loved one died in a car accident involving a city bus, a commercial truck or it happened on public land. You should speak to a legal representative as soon as possible to determine what your options are if the accident involved government property. This is because you may have a much shorter timeframe to file your lawsuit.
Wrongful Death Due to Work Safety Violation
If your loved one died due to work-related injuries, you can file for death benefits under workers’ compensation. Under Massachusetts law, all workers are covered regardless of whether they are US citizens, immigrant workers who didn’t have legal documents, or were paid under the table.
However, you cannot sue your employer for wrongful death even if they violated safety standards. If you’re loved one’s death was caused by a third party, you will be able to file a wrongful death claim. Contact a Fall River wrongful death lawyer to find out what your options are.
Wrongful Death Due to Medical Malpractice
A loved one’s death can happen due to different types of mistakes caused by medical professionals and they include:
- Complications caused by failure to provide post-surgical care
- Anesthesia and surgical errors
- Incorrectly prescribed or dosed medication
- Delayed or lost test results
- Delayed diagnosis
- Missed diagnosis
- Failure to diagnose
Find the Best Fall River Wrongful Death Lawyer for Your Claim
No amount of money can bring back your loved one. However, it is crucial that the ones responsible for their death be held accountable for their actions. Our team of Fall River wrongful death lawyers has over 20 years of experience litigating and negotiating wrongful death cases. We are ready to review your case today. Contact us by calling 508-676-0001 to schedule your free initial consultation.
