Massachusetts has established its own set of laws for wrongful death lawsuits. So, if you have a wrongful death case, you need to discuss the matter with an experienced personal injury attorney. He or she can best advise you on how to proceed with your case so you can achieve a successful outcome.
When a Claim Can Be Made
In Massachusetts, the law states that a company or person may be liable for a wrongful death claim if they caused someone’s death by failing to exercise reasonable care, performing a reckless or wanton act, or breaching a warranty. In all these cases, an injury lawyer in Brockton can file a wrongful death claim if the decedent could have filed a personal injury (PI) claim had they lived.
In this respect, a wrongful death lawsuit replicates a regular PI claim. In both instances, a party’s negligence, recklessness, wantonness, or breach is said to be the reason for filing a lawsuit. However, in a wrongful death claim, an injury lawyer must usually file the lawsuit on behalf of the decedent’s family.
When You Cannot Make a Claim
Again, Massachusetts has its own mandates in force for wrongful death claims. Therefore, there are several instances in which this kind of lawsuit is not allowed to be filed. They are as follows:
- Wrongful death claims cannot be made by an injury lawyer against an employer when an employee died on the job
- Claims cannot be made when a decedent was killed in an accident near or on train tracks
- Claims are not allowed when a deceased individual is killed in a mishap near or on streetcar tracks where the tracks do not cross a sidewalk or road
Damages for Claims
According to legal counsel at The Law Office of Bruce S. Raphel, PC, damages for wrongful death in Massachusetts may be made available to pay for the following:
- The amount of income the deceased may have earned if they had lived
- The companionship, comfort, care, guidance, or advice the decedent would have offered to their family
- Reasonable funeral and burial costs
Punitive damages may also be offered in such cases where malicious, wanton, willful, or reckless conduct occurred, or when gross negligence was apparent. Visit website for more info about the experienced injury lawyer in Brockton.
