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Wrongful death claims arise when a person dies due to the actions of another person or entity, enabling family members to hold the at-fault party accountable. If you recently lost a loved one, you may be eligible for this type of legal action.
In these situations, you need an attorney on your side—and the Cashman Law Firm can help. You can trust our Boston wrongful death lawyer to represent your family’s best interests and advocate aggressively so that your family can secure the justice you deserve. Call our firm today at (978) 595-0601 for a free consultation.
Why Choose Our Boston Wrongful Death Lawyer
- Our Boston personal injury attorney, Mark A. Cashman, is dedicated to helping your family secure justice. He will leverage his skills, experience, and resources to craft a compelling case in your favor.
- We understand how difficult a wrongful death claim can be. Our firm will handle all aspects of your lawsuit so your family can focus on more important matters.
- Our attorney has won multiple awards recognizing our firm’s track record of success. He has secured a 5 out of 5 Avvo rating and was named a Top 40 under 40 Trial Lawyer.
What Is a Wrongful Death?
Massachusetts law defines a wrongful death as a death that occurs due to negligence, a breach of warranty, or a willful, wanton, or reckless act. When a person dies under these circumstances, his or her loved ones could file a wrongful death lawsuit on his or her behalf.
At the Cashman Law Firm, our attorney represents clients in many types of wrongful death lawsuits. Many of the claims that we handle arise due to the following incidents.
- Medical malpractice
- Dangerous property conditions
- Defective or dangerous products
- Car accidents
- Birth injuries
- Dog bites and attacks
- Trucking crashes
- Motorcycle accidents
- Construction injuries
- Pedestrian accidents
Who Can File a Wrongful Death Lawsuit in Massachusetts?
Massachusetts has strict rules regarding who can file a wrongful death lawsuit on behalf of a deceased person. While many states permit surviving family members to bring a claim, Massachusetts requires the executor or administrator of the deceased’s estate to file.
The deceased will likely have named the executor in his or her will. If the deceased did not name an executor or did not leave a will behind, the court will appoint one on his or her behalf.
How Long Do I Have to File a Wrongful Death Claim?
In Massachusetts, grieving family members have up to 3 years from the date of the wrongful death or from the date the decedent’s executor learned of the cause of death to file a claim or lawsuit. In some instances, courts may require certain parties indicated in the lawsuit to receive notice of the claim two years following the date a claimant knew or should have known the cause of death.
What Can I Gain From a Wrongful Death Lawsuit?
A wrongful death claim or lawsuit in Massachusetts doesn’t cover the medical expenses incurred prior to a loved one’s death. Compensation for medical expenses comes through a survival action claim. Instead, a wrongful death lawsuit focuses on the losses a family suffers after the wrongful death. Damages may include the following compensation:
- Funeral and burial expenses
- Loss of expected income
- Loss of care and protection
- Loss of assistance, guidance, and comfort
- Loss of consortium and companionship
- Emotional pain, suffering, and anguish
- Punitive damages if the liable person caused the wrongful death through maliciousness, recklessness, or willful and wanton misconduct
While nothing can bring back a loved one, monetary compensation can help pave the road to recovery for a grieving family by relieving financial burdens.
How Do I Prove Damages in a Wrongful Death Case?
It’s difficult for family members to put a dollar amount on the life of a loved one, but in a wrongful death lawsuit a jury must consider a monetary value owed to the surviving family for their loss. Factors that come into play when determining damages in these cases include the following:
- Age and physical health of the wrongful death victim
- Age and economic circumstances of surviving dependents
- Income of the deceased loved one at the time of death
- Value of lost benefits such as insurance coverage, 401K, and pension
- Pain and suffering of the victim before their death
A skilled lawyer presents evidence such as a victim’s pay stubs, pension plans, and W2s to prove economic loss by calculating lost present income, lost future income for the number of employable years the victim had remaining, and lost income during years of retirement.
While it’s more challenging to prove non-economic damages, some factors considered include the nature of the deceased’s relationships with spouse and children such as the following:
- Marital stability and spousal intimacy
- Level of companionship and care
- Nature and closeness of the relationship with children, including whether or not the deceased was a primary caregiver
- Loss of parental guidance
- Family future goals
- Daily household tasks performed
When the victim is a child, the loss of years of family togetherness as well as the loss of future comfort and assistance during the parents’ elderly years also become factors.
Why You Need a Boston Wrongful Death Attorney
The death of a loved one is a very difficult experience. During this time, it can be challenging to pursue complex litigation while settling the estate’s affairs, planning funeral or burial arrangements, or grieving for your loved one.
A Boston wrongful death attorney can provide your family with the support that you need during this process. Your lawyer will handle every detail of your case on your behalf and gather the evidence necessary to prove the defendant’s liability.
When you have a wrongful death attorney from the Cashman Law Firm on your side, you gain a powerful advocate. Your lawyer will leverage the full power of his skills, knowledge, and experience to craft a compelling case in your family’s favor.
Insurance companies have profits as their bottom line and may use a variety of tricks to try to deny or undervalue a wrongful death claim. These include:
- Taking advantage of the chaotic aftermath of a loved one’s death to offer a quick, undervalued settlement
- Blaming the victim by stating that they were in some way at-fault in the wrongful death and using Massachusett’s shared-fault rule to minimize payout
- Calling grieving family members to “check in” as though they care about them and then using their words out of context against them
- Discouraging surviving family members from contacting a lawyer
When an insurance company doesn’t fully compensate surviving family members after the wrongful death of a loved one, they have the right to engage a skilled attorney and file a lawsuit.
Speak With a Wrongful Death Lawyer in Boston Today
If you lost a loved one due to another person’s negligence, your family deserves justice. The Cashman Law Firm can represent your wrongful death lawsuit in Boston and help you hold the at-fault party accountable. Contact us today to discuss your next steps with a wrongful death lawyer.