Nothing can prepare a family for the loss of a loved one, especially when that loss was caused by another’s negligence and could have been prevented.
The Boston personal injury attorneys at Jason Stone Injury Lawyers are dedicated to helping families through the grieving process while pursuing the financial security you need to move forward. If a family member died due to the carelessness of another, you may be able to recover compensation through a wrongful death lawsuit. Please call our Boston wrongful death lawyers at 800-577-5188 or contact us online to arrange your free consultation.
At Jason Stone Injury Lawyers, our wrongful death attorneys can advise you on your legal options and fight for the financial security you need to move forward with your life.
What is Wrongful Death?
A wrongful death suit is a civil case intended to provide compensation for the loved ones of the deceased individual when the person’s wrongful death was the result of another party’s negligence. This type of lawsuit is meant to hold the careless or reckless party who caused your loved one’s death accountable for his or her actions.
Wrongful death cases are not criminal matters, and it is not necessary to prove that the at-fault party intended to harm the decedent. A Boston wrongful death case often arises as a result of:
- Motor vehicle crashes
- Defective products
- Workplace accidents
- Medical malpractice
- Premises liability/slip-and-fall accidents
Who can File a Wrongful Death Claim in Boston Massachusetts?
In Massachusetts, wrongful death claims can only be filed by the ‘Personal Representative’ of the deceased person’s estate. A Personal Representative must be appointed by the Probate and Family Court in the county where the deceased resided. We often work with immediate family members and other beneficiaries to facilitate filing of these actions.
Any money recovered in a wrongful death lawsuit is not considered a general asset of the probate estate, but it will be collected by the Personal Representative for distribution to the statutory beneficiaries.
Compensation in Wrongful Death Claims
Rather than compensating you for your loss, these damages punish the negligent party for intentional harm, gross negligence, or other particularly bad behavior. Judges and juries award these damages to deter other parties from acting in a similar way.
In some cases, you may be able to pursue a survival action as well. This is another type of civil suit that allows family members to recover compensation for their loved one’s losses, such as medical bills.
There are limitations to Massachusetts’s compensation rules related to wrongful death cases. For example, there’s a $500,000 damage cap in medical malpractice
cases, and punitive damages are only awarded if the death was caused by malicious or reckless conduct. There may be ways around this cap, and your Boston wrongful death lawyer will help you understand your compensation expectations based on the specifics of your case.
Call our law firm today, and we can discuss your options for pursuing the full range of damages you need and deserve after the wrongful death of your loved one.
No amount of money can compensate for the loss of a loved one, but a successful claim can provide financial relief to survivors. In Massachusetts, compensation in wrongful death cases may include money for:
- Lost income: You can recover compensation to cover the income missing since your loved one’s death. This consists of the full value your family member would have likely earned during the remainder of his or her lifetime. Recovering this type of damage can be especially crucial if the breadwinner in the family passes away.
- Loss of support and other losses: You can collect damages to cover the loss of services your loved one previously provided, including comfort and care, companionship, guidance, and advice.
- End of life expenses: We will document and attempt to recover the full value of any end of life expenses such as funeral and burial expenses.
- Punitive damages: Sometimes, a judge will award punitive damages in a wrongful death.
Let Us Build a Solid Case for Compensation on Your Behalf
A wrongful death lawsuit, like other personal injury suits, relies on our ability to build a strong case that proves the at-fault party caused the incident and fatal injuries. To recover compensation in your wrongful death lawsuit, we need to show that the at-fault party caused your loved one’s death by acting negligently or unreasonably, recklessly or intentionally, or by a breach of warranty. To prove this, our Boston wrongful death attorneys will retrieve and compile as much evidence as possible.
We conduct a full investigation and collect all available evidence to prove liability. As a part of this process, we will also obtain bills, receipts, and other documentation to establish the value of your losses. We will also manage all communication with the liable party’s insurance company and/or attorney. We will ensure your right to recover full compensation remains intact.
Statute of Limitations in Massachusetts Wrongful Death Cases
According to the Massachusetts statute of limitations, a wrongful death claim must be filed within three years of the death, or within three years of the date the personal representative knew—or should have known—a wrongful death claim was viable.
Despite the three-year window, it’s in your best interests to act swiftly in filing a wrongful death claim. In most cases, insurance providers will launch immediate investigations and attempt to avoid or limit compensation. We know you are grieving and navigating a difficult time in your life, but if we do not act within the time allowed, evidence will get lost, memories will fade, and if it is too long, the law will likely bar us from taking legal action in your case.
Working with an experienced Boston wrongful death lawyer can be instrumental in recovering the financial peace of mind you and other surviving family members need.
Jason Stone Injury Lawyers is the only Boston law firm to offer the Stone Cold Guarantee®, which includes our pledge that we don’t get paid until you get paid.
Talk to a Boston Wrongful Death Attorney
At Jason Stone Law Firm, a member of our team is standing by to answer your call and explain your options for recovering damages in a loss of companionship case.
OUR TEAM CAN HANDLE YOUR BOSTON WRONGFUL DEATH CLAIM FROM START TO FINISH
When you have the Jason Stone legal team on your side, you can focus on getting back on your feet while we focus on recovering the compensation to which you are entitled. From our very first conversation, our Boston wrongful death lawyers will go to work protecting your right to compensation, will give you peace of mind and will spend our time fighting for a full financial recovery.
Our commitment to your well-being and satisfaction is summed up in our Stone Cold Guarantee®. Our wrongful death attorneys are ready to do the heavy lifting so you can focus on getting better.
We will stand by you through the entire process, helping you understand what to expect and updating you on the status of your case. We can often prove you qualify to hold the at-fault driver liable and settle these cases without resorting to filing a personal injury lawsuit. However, we will not hesitate to take your case to court if necessary to get the full range of damages to which you are entitled.
Jason Stone Injury Lawyers was diligent and focused. Tara Briggs’ diligence, knowledge, and communication were top-notch. She kept me very well informed of every step of the process and did everything possible to get me the money I deserved. I would absolutely recommend this firm to my closest friends and family.
Andrea B. | FORMER CLIENT
Not Trusting What You’re Being Told?
Better Phone Stone
800-577-5188
START MY NO OBLIGATION CONSULTATION
