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There is nothing in this world that can take the place of a loved one who has passed away, but the unforeseen passing of a family member or spouse who secured the financial and emotional stability of the household can have severe consequences for the remaining family members.
If the loss of a loved one occurred as a result of the negligence of another person, the liable individual should be held responsible for all damages they have inflicted upon the surviving family members.
In addition to the emotional trauma of a loved one passing, families may risk losing everything without the support of their deceased loved one. Still, the compensation from a wrongful death lawsuit can help the family’s financial circumstance.
While it’s a trying time for your family, there is a time limit for submitting a wrongful death claim. This time limit is called the statute of limitations, and may differ from state to state and each type of lawsuit. Once this time period expires, the courts no longer have the jurisdiction to punish violators and offer compensation to victims, and lawsuits may no longer be filed. There is a few circumstances that would allow a case to still be filed.
The wrongful death attorneys at Faneuf Law Group LLC have a long history of recovering compensation that recognizes the value of the deceased and helps the surviving family recover from their loss.
If you have lost a loved one unexpectedly, be sure to reach out to our experienced wrongful death attorneys. We can answer all of your questions and concerns, we’ll also discuss your next steps. It cost absolutely nothing to speak with us, so claim your free no-obligation consultation today.
Wrongful Death Definition
Wrongful death claims are civil actions made by the survivors of an individual who has passed away due to the negligence or misconduct of another. In these cases, the law allows the family members of the decedent (called “distributees”) to file a wrongful death suit seeking monetary damages. The wrongful death action is designed to provide compensation for relatives who depended upon the deceased for financial and emotional support.
Elements of a Wrongful Death Case
Wrongful death occurs when negligence, recklessness, or deliberate behavior results in a fatality. Negligence refers to the failure of an individual to behave how a reasonably prudent person would have acted under similar circumstances. To establish that a wrongful death occurred, an attorney must prove that the individual had a duty of care to the deceased, their act or omission breached that standard of care, their wrongful actions were the proximate (direct) cause of the injury or death of the decedent, and damages resulted.
Some of the most common causes of wrongful death include:
Car accidents
Birth injuries
Truck accidents
Medical malpractice
Workplace accidents
Wrongful Death Damages
The court will consider a number of factors when determining the amount of damages to be awarded to the survivors of the deceased. These factors include the relationship between the survivor and the deceased, the amount of the deceased’s net income available to the survivor, the replacement value of the deceased’s services, and the life expectancy of all parties. As described below, an individual’s relationship to the decedent may entitle them to certain benefits.
In addition to determining damages, a wrongful death suit may also involve multiple parties who are all seeking damages related to the death. In most cases, courts focus on the victim’s household when determining the order of who can file a claim, often providing priority to:
Spouses
Children
Grandchildren
Next of kin (If unmarried)
How Much Is A Wrongful Death Settlement Worth?
The value of a wrongful death lawsuit will vary on a wide range of different factors. These may include:
Type of injury or accident that caused death
Prolonger suffering before death
Medical bills
Health and age at the time of death
Lost income
Pain and suffering
Often, the accident or injury that caused the death, the presence of medical bills or prolonged suffering before the death, and the victim’s age and health at the time of death are all major elements in determining the potential amount of compensation.
Several economic damages can come into play in a wrongful death settlement, such as lost income, burial and funeral expenses, and related medical bills. There is also the potential for non-economic damages, such as pain and suffering before death, and the family’s loss of love, companionship, care, comfort, and consortium.
With all these factors in play, it’s essential to have a skilled attorney on your side when pursuing a wrongful death claim. While it can be an uncomfortable experience to try and put a monetary value on human life, you still have a right to compensation for the loss of your loved one.
In addition to the aforementioned compensatory damages, a court may also choose to impose punitive damages. Punitive damages are appropriate in situations where a party’s intentional, reckless, or grossly negligent actions result in a wrongful death. These damages serve to punish the offending party, as well as discourage others from behaving similarly in the future.
Who Can File A Wrongful Death Lawsuit?
In Massachusetts, to file a wrongful death suit, the defendant may only be held liable if the death was caused by negligence, wanton or reckless acts, or a breach of warranty. Generally speaking, if the death occurred due to any circumstances that would normally allow a personal injury case, a wrongful death suit may be filed. This also means that such cases proceed in a similar fashion.
Under Massachusetts law, only the executor of the estate, or another administrator of the estate, may file a wrongful death claim. This is the person who is generally held responsible following the instructions in the will. Any damages recovered from the suit would be paid to the estate.
It’s important to understand that a wrongful death lawsuit can be filed regardless of the process of any criminal charges. This civil suit is separate and distinct from a criminal case, and the progression of one does not affect the other in any way.
At Faneuf Law Group LLC, our attorneys understand the hardships a family faces after a wrongful death and are dedicated to seeking fair compensation for these individuals. To learn more, give us a call at 617-939-9894.