If you lost a loved one due to the negligence of someone, our Boston wrongful death lawyers can help you seek compensatory damages. These damages help cover the costs of pre-death medical treatment, and the funeral and burial costs. They also go a long way towards financially helping out the dependents of the deceased.
However, wrongful death claims can be quite complicated and many legal requirements have to be considered when filing them. Here is a look at some important aspects of wrongful death cases.
What is a Wrongful Death?
The law defines a wrongful death as one which is caused due to the negligence of another person or entity. For instance, if a person is killed in a car crash due to the negligence of another driver, this is covered under wrongful death. Similarly, a medical malpractice instance which causes the death of a patient is also deemed wrongful death. Wrongful death also covers deaths caused by defective products, premises liability accidents and workplace accidents.
When a person suffers a wrongful death, the law allows the legal estate of the person to seek compensatory damages. The at-fault driver pays these damages which are then distributed among the legal heirs of the deceased.
If you have lost a loved one in a wrongful death instance, it is important to consult with Boston wrongful death lawyers. A good lawyer will help you seek a fair amount of compensation and receive them as soon as possible.
Common Causes of Wrongful Death Claims
Wrongful death claims may arise out of different types of accidents resulting in death. As a general rule of thumb, any accident that is caused by someone’s negligence and results in death can lead to a wrongful death claim. Here is a look at some of the most common causes of wrongful death claims:
- Traffic Accidents: These include any and all accidents that involve an automobile. If a loved one dies in a car accident, motorcycle accident, bicycle accident, pedestrian accident, truck accident, ATV crash or any other kind of accident involving an automobile, you may be able to file a wrongful death case. However, such cases are relatively rare in single-vehicle crashes where the clear negligence of the deceased causes the fatal crash.
- Workplace Accidents: If a person dies due to a workplace injury, the estate of the deceased can seek wrongful death damages. The claim becomes a little complicated in this case due to the workers’ compensation insurance. This is why it is vital to seek the advice of Boston wrongful death lawyers when filing a claim for workplace fatality.
- Premises Injuries: Premises injuries, including slip-and-fall accidents, that result in death may be due to the negligence of the owner of the premises. This is why it is possible to bring wrongful death lawsuits in such cases.
- Defective Products: It is the responsibility of the companies that are manufacturing, designing and marketing consumer products to ensure that they are safe. When they fail to do so and a defective product causes the death of someone, the company can be sued for damages.
- Medical Malpractice: Medical malpractice is when the negligence of a healthcare employee or entity, including a nurse or a doctor, results in the death of the patient. Malpractice cases can also be filed against the hospital or healthcare facility where the instance of negligence occurred.
- Construction Site Accidents: Accidents that occur on construction sites are often fatal. From 2013 to 2018, a total of 86 construction workers sustained fatal injuries on the job. If you have a loved one who has suffered a similar tragedy, you are very likely eligible to file a wrongful death lawsuit over lack of adequate workplace safety measures.
Massachusetts Wrongful Death Statute of Limitations
Massachusetts has a statute of limitations of three years for personal injury claims. The same statute applies to wrongful death claims as well. This means that you have three years from the date of the death of the deceased to file a claim. The three-year period may also be counted from the date when the executor of the deceased person’s estate had known or should have known that they could file a wrongful death claim.
If you file a claim after the statute has expired, you are almost certain to lose the claim. However, there are some exceptions to the statute. If you are not sure whether the statute on your claim has expired yet, you should seek the help of Boston wrongful death lawyers.
Beneficiaries in a Wrongful Death Case in Boston
When a person dies, all the assets and debts of the deceased are made a part of their estate. The estate is then tasked with settling these debts and executing the will of the deceased. It is also the executor or administrator of the estate who can file the wrongful death claim.
However, once the estate receives compensatory damages in the claim, these must be distributed among the legal heirs and beneficiaries. Possible beneficiaries in a wrongful death claim may be the spouse, children, parents, grandparents as well as any beneficiaries named in the will of the deceased.
It is important to understand who will ultimately receive the compensation before you file a wrongful death claim. This is where you need sound legal advice.
Why Hire Boston Wrongful Death Lawyers?
Wrongful death cases can be quite complicated. The negligence that caused the death must be established, the negligent party must be identified, beneficiaries need to be named, their respective portions defined, and all of this done within the period defined by the statute. It can be quite daunting to meet all these requirements on your own.
This is where the highly experienced and professional TorkLaw lawyers can help you. If you have lost a loved one due to another’s negligence, we understand that you are going through a hard time. This is why we offer compassionate legal help and aim at getting you a fair settlement as soon as possible. Call us today to discuss your claim with us and see the legal options you have.