Massachusetts Personal Injury Library
Filing a Wrongful Death Lawsuit After Losing Child to Gun Death (Part B)
Each state makes its own wrongful death laws and they can vary quite a bit from state to state. In some instances, you may get to choose which state you will file the lawsuit in. This is a vital part of the process. An attorney who specializes in wrongful death lawsuits should be familiar with the laws in various states in order to help you determine the best venue for your lawsuit.
The state in which you choose to file the wrongful death lawsuit is important for the following reasons:
- The length of time given to plaintiffs to file a lawsuit varies in each state.
- Each state has different allowances for the type of monetary settlement that a victim can claim and recover.
- Not every state will allow you to include the victim’s “pain and suffering” in the lawsuit.
What Happens During the Lawsuit?
The judge assigned to your case will examine the facts of the lawsuit, as well as the award sought. From this, he or she will determine the type of award – or restitution – that they will grant in the lawsuit.
There are many factors that are used when determining the amount of restitution in a wrongful death lawsuit. Those that are pertinent to a case involving the death of a child from a gun accident are listed below:
- Loss of service (for instance, if it was an older child who contributed with childcare or house-keeping)
- Medical expenses, especially in the cases of lengthy hospital stays
- Funeral costs
The judge typically has the discretion to add to the award, based on the circumstances of the case. For example, a judge would likely take a hard view on a negligent adult who caused the death of a young child.
Other Considerations for the Lawsuit
You and your attorney may decide to seek the help of an expert witness in your trial. An expert witness – a psychiatrist or gun safety expert – can bring important testimony and additional merit to a trial.
It might also be important – but unfortunately, very distressing – to have a medical expert testify as to the pain and suffering encountered by your child in the time leading up to his or her death.
Discuss these, and all other, considerations with your wrongful death attorney.
When selecting a Boston child injury lawyer you’ll want to ask critical questions such as; how long have you been practicing law; do you have experience with child accident cases in Massachusetts; what is the biggest settlement or verdict you have won? For over 30 years Kiley Law Group, located in Andover and Boston, Massachusetts, has fought on behalf of children. Our child injury lawyers take time when speaking with you about your child’s death. Mr. Kiley’s firm works with you on a contingency basis, which means there are NO FEES unless our trained personal injury attorneys win your case. Call now for a FREE legal consultation.
