Massachusetts Wrongful Death Attorneys
Has your life been changed through the death of someone close to you? Was that death the result of another person’s malice or negligence? The Murphy Law Group’s wrongful death attorneys have the skills, the will, and the determination to support you during this difficult time and guide you through a civil claim for wrongful death.
What Is a Wrongful Death Claim?
This is an action through civil (not criminal) law, in which the survivors of a deceased person can file suit when the death was the legal fault of another person. The civil action seeks to recover money from the responsible party. Wrongful death law suits can be brought against individuals, companies, government agencies, doctors, hospitals, manufacturers, or any entity whose negligence or misconduct directly resulted in your family member’s death.
Who Can Bring a Wrongful Death Law Suit?
In Massachusetts, a wrongful death suit must be initiated by the executor or administrator of the deceased person’s estate. However, the executor can file on behalf of any immediate family member or other person financially affected by the person’s death. Wrongful death law firms, such as The Murphy Law Group, will provide information and emotionally supportive legal representation for the estate’s executor.
How Are Financial Damages Counted?
The first category of loss to consider is the measurable financial losses caused by the person’s death. Lost salary, medical expenses, funeral costs, and other specific expenses can be recovered. Beyond these types of damages, however, are the heavy emotional and psychological costs of losing someone close to you. Of course, no amount of money can fill the empty place left in your life, but the state of Massachusetts has legal formulas to account for the very real pain, suffering, and loss of companionship that survivors endure.
What Does a Wrongful Death Claim Have to Prove?
Basically, there are 3 things that must be proven in order to make a successful wrongful death claim:
- The defendant (the party whose behavior caused the death) must have had a “duty of care” towards the deceased person. This doesn’t mean they had to be personally acquainted with the deceased — it just means they had a responsibility to not allow a dangerous situation to exist. For example, an amusement park owner has a “duty of care” to maintain the roller coaster in safe working condition.
- The defendant must have acted with negligence or malice. For example, if there was an earthquake that damaged a well-maintained roller coaster and resulted in someone dying, it’s unlikely that the park owner could be charged with negligence. However, if a “reasonable person” would have taken more precautions in a situation, then negligence is a very real possibility. There is a wide scope for interpretation on this point, and the experienced guidance of the attorneys at The Murphy Law Group will make your point in a legally watertight manner.
- The defendant’s actions must have led directly to the death. Again, this point is open to considerable dispute, and the knowledgeable representation of an attorney is crucial to putting together a solid case.
The Murphy Law Group will provide conscientious, expert representation in court to prove that the defendant had a duty of care toward your loved one — and that in failing to carry out that duty directly caused his or her death. Call us at 978.686.3200 for legal assistance right away; there is a statute of limitations on wrongful death lawsuits, and we want to help you make sure that justice is done.