Massachusetts Personal Injury Library
Filing a Wrongful Death Lawsuit After Losing Child to Gun Death (Part A)
When a parent is filing a wrongful death lawsuit after a child’s death, the situation is extremely distressing for everyone involved. Cases involving gun accidents and gun violence are especially troubling because of the nature of the crime.
A Massachusetts wrongful death lawsuit is a civil case filed by a person – typically a spouse or family member – who is seeking punitive monetary damages against a party who they believe to be at fault for the death. The wrongful death lawsuit is a means to seek compensation for a loss suffered.
Because wrongful death cases are civil cases, they are handled differently than criminal cases (murder and homicide), which are filed and tried by a government prosecutor. Private law firms that specialize in wrongful death lawsuits typically handle wrongful death cases, as they are the most qualified to get satisfactory results.
Guide to Filing a Wrongful Death Lawsuit
Losing a child to a gun accident or gun death is a heart-wrenching, life-altering event for any family. But it is important to speak with an attorney as soon as you are able to, in order to achieve the most satisfying and fair settlement from your wrongful death lawsuit.
Do not make the mistake of thinking that you are “profiting” from your child’s death, or that you should feel guilty for collecting a monetary award because of his or her death. Wrongful death lawsuits are an important measure to be able to hold negligent parties responsible for their acts.
Who Can File a Wrongful Death Lawsuit?
The executioner of the victim’s will, or a parent or legal guardian, must file a wrongful death lawsuit. A close friend or extended family member cannot file the suit. The party filing the lawsuit must be able to prove that they personally are suffering because of the loss of the victim. That status typically is only granted to immediate family or spouses.
You should consult with a personal injury lawyer that specializes in Boston child injury cases in Massachusetts. It is important that the lawyer you choose has successfully handled child accident cases and understands the intricacies of child gun deaths. For over 30 years Kiley Law Group, located in Andover and Boston, Massachusetts, has fought on behalf of children.
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