Losing a loved one due to the negligence of someone else is tragic and leaves an emotional burden on those affected. While the financial impact of losing a loved one might not be your primary concern, it’s important to ensure that the party responsible for the accident bears the financial burden of your loss.
In order for this to happen, you will need to familiarize yourself with Massachusetts’ wrongful death laws. Alternatively, if you live in Plymouth, MA, you can consult a wrongful death lawyer to ensure your rights are well protected and you receive a fair wrongful death settlement.
What is a Wrongful Death Claim?
A wrongful death claim is usually filed when someone is killed due to the negligence of someone else. A wrongful death claim provides compensation for families of the victim. If there is enough evidence to prove that the defendant’s actions were intentional, then the state might pursue criminal charges.
If the state does pursue criminal charges, the outcome of the case will not affect your ability to pursue compensation in a civil court. Below are some of the bases for pursuing a wrongful death claim:
- Medical Malpractice. If a doctor or medical professional does not adhere to accepted standards of care.
- Car accidents. If the driver was negligent in that they were drunk, over speeding, texting while driving or committing other types of traffic violations.
- Workplace injuries. When employers fail to provide a safe workplace environment for their employees.
- Product liability. When product manufacturers don’t ensure their products are safe by failing to conduct appropriate tests.
- Slip and fall accidents. When a property or business owner fails to keep their premises in a reasonably safe condition
- Nursing home abuse. A caretaker is considered negligent when they fail to provide adequate care to an elder
The most important element to consider in a wrongful death claim is establishing liability. It’s important to ensure that every detail relevant to your case is documented and preserved. In some instances there may be more than one party involved in the accident. This is why it is important to involve a wrongful death attorney in your case so that they can help you identify all parties that are potentially liable.
Who can Recover Damages for Wrongful Death?
In order for you to recover damages, you need to have suffered damages as a result of your loved ones death. Below is a list of people that can sue for wrongful death:
Immediate family members. All children, including adopted ones, parents of unmarried children and spouses.
Financial dependents. If you were financially dependent on the victim you can file for a wrongful death lawsuit.
What Damages Can You Seek?
You can recover damages for the following:
Loss of income
You can recover your loved ones lost earnings. They are usually calculated from the date they were injured to the date of death. You can also recover future anticipated earnings if your loved one was your spouse or you were financially dependent on them.
Funeral and medical expenses
This one is straight forward. The party responsible for the accident should pay for the funeral and medical expenses incurred.
Pain and suffering
Losing a loved one is likely to cause emotional pain and suffering. You can recover damages for pain and suffering if the victim was your spouse or minor child.
Loss of companionship
You ca recover for loss of companionship if the victim was your spouse. Adult children can also recover damages if they lost their parent due to someone else’s negligence.
Loss of support
If your loved one was providing any sort of support or services, you can recover damages which may also include calculating future loss of support from them.
You should also consider if your loved one had any kind of debts. You will need a financial and economic expert to help you calculate the real value of damages caused by the loss of your loved one.
Distributing the funds after settlement
There are usually a lot of people who want a portion of the settlement in a wrongful death case. In some instances, the settlement amount is not enough to pay out all the beneficiaries and creditors. If you are the personal representative of your loved one or the estate, you can determine a fair method of distributing the funds. The court, however, can disapprove if your method significantly affects a survivor that is a minor.
Hire a Wrongful Death Lawyer
It’s very important that you hire a wrongful death attorney to help you compile evidence and to calculate the damages you are entitled to.
If you are within Plymouth, MA, you can contact one of our lawyers at 508-746-2700 for a free initial consultation.
