Boston Wrongful Death Law Firm
Wrongful Death FAQs
What is a wrongful death?
A "wrongful death" is a death caused by the negligence or misconduct of another. Wrongful death claims fall under the scope of civil law and therefore do not deal with any criminal acts that may have been carried out by the responsible party. Any criminal charges will be filed by the government against the party responsible for the death of your loved one. A Massachusetts wrongful death suit is filed by an attorney in civil court to recover monetary damages for your loss.
Who can be held accountable?
Anyone who causes another's death by an act of malice, negligence or willful negligence can be held liable for the death of another. Wrongful death claims can be filed:
- against an individual;
- in the workplace;
- against a corporation;
- against public employees;
- for death from defective ways; and
- against the government.
What has to be proven?
In order to achieve a successful wrongful death claim in Massachusetts you will have to provide several steps of proof:
- You must show that the defendant owed a duty of care to the deceased.
- You must show that the defendant acted negligently or with malice.
- You must show that the defendant's act of negligence or malice was a direct cause of the victim's death.
What damages can be claimed?
Wrongful death law allows for a variety of types of remuneration. The easiest damages to assess are economic damages. You may receive compensation for lost wages, medical costs, funeral and burial expenses, and other expenses related to your lawsuit or the passing of your loved one.
Massachusetts law goes further, however, and you may also receive compensation for non-economic damages. This includes your pain and suffering, mental anguish, and loss of companionship; the suffering of and psychological affect on your children; and any pre-death pain and anguish suffered by the deceased.
Who can file?
Every state has different rules about who can file a wrongful death lawsuit. In Massachusetts, the suit can only be filed by the executor or administrator of the deceased's estate. The lawsuit is placed on behalf of any surviving spouse, children, or parents. If the deceased has no such survivors, the victim's siblings or cousins may then recover funds from the lawsuit through the victim's estate.
When do I file?
The statute of limitations on wrongful death cases varies from state to state and from case to case. While the courts do allow you and your family some time to grieve, take care of burial arrangements and rituals, and consider legal options, all filings have an expiration date. Determining factors include the type of wrongful action, the age of the victim, and whether or not a government entity was involved.
The safest – and perhaps wisest – course of action is to seek legal advice and file a claim (if that is what you decide is best) as soon as you feel you are able. It's understandable to take time to wrap your head and heart around what has happened to your loved one and what that means for you. However, evidence may be lost, overlooked or cleaned up, memory may fade, and witnesses may move. If you wait too long, you risk not only missing your legal window of opportunity, but also valuable time in putting your case together.
Do I need an attorney?
If you conclude that you do have a legal claim, please do not try to pursue it on your own. There are many justifications for obtaining legal counsel for your specific case. The main reason is that "they" will have lawyers. Most importantly, you have plenty to deal with before and beyond legal concerns. You are facing the pain, anger and bewilderment that come when you lose a loved one. There is no shame in taking some of the burden off of yourself. Get help. Let someone who has years of legal experience and resources with wrongful death law assist you and your family. You have already been through enough.
Regardless of your relation to the victim – whether you are the survivor or helping the survivors – you do not have to do this alone. An experienced legal team can help remove a world of weight from your shoulders. We at Kiley Law Group have decades of experience with both the legal aspects of wrongful death cases, and the emotional ramifications. We work diligently and compassionately to do whatever is in our power to make sure your suffering is neither compounded nor prolonged.
