Lost someone in Boston because of another person's carelessness? We handle the case so your family can grieve.

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 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

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. Forty-eight Massachusetts workers died on the job in 2024. 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.

DETERMINING LIABILITY IN A WRONGFUL DEATH CASE

Liability in wrongful death scenarios can be intricate. Responsible parties might be an individual, a corporation, a governmental entity, or a combination of these.

1. Individuals: This encompasses drunk drivers, careless medical practitioners, or any person whose actions or lack thereof contributed to a death.
2. Companies: Manufacturers might be held accountable if a defective product results in a death. Likewise, construction firms not maintaining safety standards leading to fatal accidents could be liable.
3. Governmental Agencies: A government entity could be implicated if the fatal incident arises from neglected roads or malfunctioning traffic signals.

Having a skilled Boston Wrongful Death Lawyer to navigate these complex legal pathways is crucial for holding all liable parties accountable.

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.  One of these is known as the “Discovery Rule,” a legal doctrine that affects when the statute of limitations begins, particularly if the plaintiff could not have reasonably discovered the cause of death at the time it occurred. In such situations, the statute of limitations starts from the point when the cause of death is actually discovered, or when it reasonably should have been discovered.

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.

Once recovered, compensatory damages received by the estate are then 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 PICK A TORKLAW WRONGFUL DEATH LAWYER IN BOSTON

• Experience & Mastery: Our team excels in personal injury law, ensuring up-to-date knowledge on wrongful death intricacies in Boston.
• Client-Centered Approach: Each case and client is unique. We prioritize understanding individual needs, tailoring our legal strategies accordingly.
• Proven Success: Our victories are testimonies. We've garnered millions in compensation for clients, attributing to our unyielding quest for justice.
• No Fees Unless Victory: We function on a contingency fee structure. You only pay if we triumphantly secure compensation for you.

CONTACT TORKLAW'S BOSTON WRONGFUL DEATH LAWYERS TODAY

At TORKLAW, our Boston wrongful death lawyers know how difficult it must be for your family to deal with an unexpected loss. We can make the legal side of things less overwhelming. The first thing you need to do is schedule a free consultation. We’ll answer your questions and help you to understand the process of filing a wrongful death claim. If you decide to hire us, you won’t have to pay until you recover damages either via settlement or a trial. 

Call us today at 339.229.5353 to discuss your claim with us and see the legal options you have.