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Did your loved one pass away due to someone's negligence? You may be entitled to compensation. Contact Cutler & Associates for a free case review.
A wrongful death happens when a person dies due to someone else’s negligent behavior. It adds an extra layer to your grief when you know that the death of your loved one could have been avoided. In addition to the onslaught of emotional anguish, the sudden death of a loved one can also make it hard for the remaining family members to pay their bills. A partner, children, or anyone dependent on the loved one's finances is likely to struggle with the extra costs. Thankfully, Boston families like yours have legal options for getting both justice and relief.
If you're going through the grieving process, know you're not alone. Get in touch with Cutler & Associates today. We have a compassionate, skilled Boston wrongful death lawyer available to help you and your family seek compensation.
A wrongful death claim is a legal suit where the person who caused the death gets sued by the person's family or estate. This lawsuit helps the family get money to make up for the losses they have experienced due to their loved one’s death. Here are a few examples of these damages:
A wrongful death claim is different from a homicide-related charge. A wrongful death claim is a civil lawsuit brought by the family or estate of a deceased person against the individual or group responsible for the death, whereas a murder or manslaughter charge is handled in criminal court and could potentially result in the defendant going to prison.
Wrongful death claims can seek compensation for funeral expenses, lost income, conscious pain and suffering, and companionship loss. Wrongful death cases are heard in civil court, so while punishment in the traditional criminal sense is not an option to resolve these cases, a civil case is still a legitimate way to hold the negligent party accountable and gain some closure for the family.
Wrongful death lawsuits and survival actions are both legal mechanisms designed to address the consequences of a person's death. However, they can serve different purposes and address some different types of damages.
A wrongful death claim is a lawsuit typically brought by the deceased person's estate against those who are legally liable for the death. This type of lawsuit may seek to compensate the family members or heirs for their losses resulting from the deceased's death. The types of damages that may be recovered in a wrongful death lawsuit in Massachusetts might include:
In some cases, punitive damages may available as well if the death was caused by malicious, willful, or reckless conduct.
On the other hand, a survival action is a claim the deceased person could have brought had they survived. This legal action may seek compensation for the conscious pain & suffering, medical expenses, and other losses incurred by the deceased from the time of the injury-causing event until their death.
The damages recovered through a survival action go to the deceased’s estate and may be distributed to heirs according to the will or state law if there is no will.
Wrongful death is a sad event that can happen for many reasons. This terrible loss happens because of someone else's carelessness, neglect, or deliberate actions. There are a lot of different scenarios leading to a wrongful death. They include the following:
In the United States, medical misconduct is a leading cause of death related to negligence. When a healthcare worker doesn't meet the standard of care and a patient dies as a result, this is called medical malpractice. Medical misconduct can come in many forms, such as wrong or missed diagnoses, mistakes during surgery, mistakes with medications, and birth injuries.
Lack of training or experience on the part of a healthcare worker can sometimes lead to medical malpractice. It can be hard to prove medical malpractice because you have to show that the healthcare worker broke the standard of care and this breach caused the patient's death. An attorney with experience in Boston medical malpractice cases involving deaths can help you make a strong case.
Another common reason for wrongful death is motor vehicle accidents. Accidents between cars and trucks can happen for many reasons, such as when a driver is negligent, when something goes wrong with the vehicle itself, or when the roads have not been adequately maintained.
Wrongful death can also happen because of accidents at work. Accidents are more likely to happen in industries where workers are exposed to dangerous materials, work in unsafe situations, or use heavy machinery. If an employer doesn't make the workplace safe, they may be responsible for the death of an employee.
Accidents on construction sites are especially dangerous and often lead to serious injuries or death. People in this field are exposed to dangerous chemicals, heavy machinery, and unsafe working circumstances. Accidents can sometimes happen at work or on a building site because the boss, contractor, or equipment manufacturer isn't paying attention.
Wrongful deaths can also be caused by defective consumer products. Vehicles that break down, medical devices that don't work right, and dangerous products for infants are all examples of potential product liability claims. If a faulty product leads to a death, the maker or seller may have to pay for damages.
Dangerous chemicals can hurt your health or even kill you if you come into contact with them. Toxic exposure can happen in many places, like the home, the job, and the environment. Long-term health effects, such as cancer and breathing problems, can happen after being exposed to harmful chemicals like asbestos, lead, and pesticides.
Abuse or mistreatment in a nursing home can lead to wrongful death. There are many kinds of abuse that can happen in long-term care facilities, such as physical abuse, mental abuse, neglect, and more. The people who work in nursing homes are trusted to give the residents the care and help they need. When they fail to do so, the workers or even the nursing home itself can be held liable.
Accidental deaths from slips and falls happen a lot, especially with older people. Falls can happen when floors are wet or slippery, surfaces aren't level, or there isn't enough light. Property owners are responsible for keeping their properties in good shape and making sure residents and guests are safe. If they don't, and an accidental death results, they could be sued for wrongful death.
It can be very painful to lose a loved one, especially if they died because of someone else's carelessness or wrongdoing. In these hard times, you can get justice for your loved one when you can show with evidence that someone else was at fault for their death. Here are the four elements of negligence that may need to be established to prove your case:
To successfully win a wrongful death case, you must look into the event in detail, gather proof, and make a strong case in court. It is not recommended that you try to take on a wrongful death claim on your own. You will fare much better if you seek help from an experienced wrongful death lawyer who can help make sure your case is as strong as possible. Contact Cutler & Associates to speak with one of our Boston personal injury lawyers today.
Sometimes, the person accused may try to say the person who died was to blame for the accident that killed them. If they can’t prove that the person who died was fully to blame, they may try to at least assign partial blame to them. This is done to reduce the liability, and therefore, financial responsibility, of the defendant (party being sued).
This concept of comparative negligence describes a situation in which the person who died was partially responsible for what happened. Defendants often use this concept to try to lessen the amount they owe. Massachusetts follows a modified comparative negligence rule, specifically the 51% rule. Under this rule, a plaintiff can still recover damages so long as they are not found to be more than 50% responsible for the accident. However, if the plaintiff is determined to be 51% or more at fault, their family’s final payout will be reduced by the percentage that they are found to be at fault.
If your loved one is unfairly blamed for the accident that killed them, you need a strong legal team to fight the defendant's claims of contributory negligence. The following steps will help make sure you receive a fair result:
Shortly after the death of your loved one, you may get a call from the insurance company of the person who caused the death, particularly if it was a car accident. The insurance adjuster will try to get you to give a statement, but you should not speak to them without the advice of an attorney.
Their goal is not to help you. They want you to settle for less than what you and your family deserve. Anything you say to the agent can be used against you, so it is best to let your attorney do the talking.
If they offer you a settlement to close the matter quickly, it is probably for far less than what your family is actually entitled to. It is best to decline any quick offers until you have had a chance to get an attorney’s opinion on the matter.
You are not required to talk to insurance agents or accept any settlement deal. The best thing to do is to ask your Boston wrongful death attorney to talk to the insurance company's agents on your behalf. Telling the insurance company that you have a lawyer representing you indicates the seriousness of your claim and reduces the likelihood of unfair practices by the insurer. If they do try to use unfair strategies against you, your lawyer may be able to sue the insurance company for acting in bad faith, which could help you get an even larger payout.
Most wrongful death cases ultimately settle before proceeding to trial. This is because trials are expensive and drawn out, something neither side typically wants. Having said that, it’s best to make sure your attorney helps you decide when to accept a settlement offer. The first offer you get is probably not going to be enough money. You can reject the offer and negotiate for a better deal. When looking at a wrongful death settlement deal, you and your family will have to weigh the pros and cons. Here are some things you should keep in mind:
Insurance companies try to settle wrongful death claims as quickly as possible while you are still reeling from your loss, hoping you will sign just to get any money at all. The problem with this is that you are likely not thinking clearly, and end up agreeing to a deal that doesn’t actually cover the full extent of your losses. Once you sign on the dotted line, you can’t go back in time and undo what you’ve agreed to. You will not be able to seek additional payment once you’ve agreed to a settlement offer that is too small, so be very careful in the early stages of settlement negotiation.
Before you think about accepting a wrongful death payment offer, make sure you fully understand how much the death has actually cost you. Usually, Massachusetts wrongful death cases include money to pay for medical bills that came up before the death, funeral and burial costs, and other losses. A wrongful death lawyer in Boston can help you figure out how much money you should ask for in your settlement.
When looking at a settlement deal, you should consider whether it is reasonable, given the details of your case. How easy would it be to prove liability to a jury? Is there solid evidence? A wrongful death lawyer with experience can help you determine whether your case is strong enough to reject an unfair settlement. They'll consider factors such as the strength of your case, the degree of responsibility of the offender, and the potential financial losses you are facing.
The bottom line is you should only accept an offer that makes sense based on what your true losses are and the strength of the wrongful death case. Regardless of how much pressure you may be feeling from anyone to settle, it is a decision you must not take lightly.
Taking a wrongful death settlement has some perks, such as:
But there are also things that could go wrong if you take a settlement, such as:
You might want to talk with an experienced wrongful death lawyer about accepting a payment offer. A lawyer can help determine a fair offer, talk to the insurance company, and tell you about the risks and benefits of taking your case to court.
In Massachusetts, the executor or administrator of the deceased's estate can file a wrongful death lawsuit. This person, appointed by the court, acts on behalf of the deceased's estate and surviving family members to pursue damages against those responsible for the death. Here's the general process for filing a suit:
In a wrongful death case, you only have a limited amount of time to file your lawsuit within the civil court system. Generally speaking, in the Commonwealth of Massachusetts, the timeframe is three years from the deceased person's date of death.
The statute of limitations helps make sure legal processes are fair and happen on time. This law protects possible defendants from endless lawsuits and makes sure the evidence is fresh by setting a time limit as to when the suit can be filed.
Witnesses' memories fade over time, resulting in inaccurate testimony. Additionally, the statute gives plaintiffs a sense of urgency and pushes them to move forward while evidence is still available.
If you do not file a wrongful death case within the time limit, your case will most likely not be successful. If you file after the statute has run, your claim will likely be dismissed by the court, leaving you unable to recover financial compensation.
There are certain situations where the statute of limitations may be extended. For example, imagine a situation in which a medical error caused your loved one's death, but you did not become aware that the death was caused by the error until months or even years later. In that case, the individual might be able to file their claim after the original deadline. The statute may begin from the date the plaintiff became aware that the death was wrongful. Keep in mind that these exceptions are rare. Your attorney can advise you further if you have this type of situation.
When the defendant in a wrongful death case is a government agency or an employee of the government, there may be different rules and shorter deadlines. In Massachusetts, there are strict time limits, ranging from 30 to 180 days from the event date, for people who want to file a claim against a government entity. You will also have to submit a timely notice of claim to avoid losing your right to sue for compensation, even if the statute of limitations hasn't expired.
If someone else's carelessness or intentional act caused you to lose a loved one, get in touch with Cutler & Associates right now. Let's fight for your rights so you can heal and start over with your life.
A lawsuit for wrongful death is a legal option for the family or children of someone who died because of someone else's carelessness or intentional actions. The surviving family members can get different kinds of compensation.
These help the family make up for the money they lost because of the death. They include:
These pay the family for the mental and non-tangible losses they have suffered because of the death of a loved one. These losses include
In some states, there are limits on the maximum amount of money which can be awarded in wrongful death cases. This is especially true for non-monetary damages, such as pain and suffering. The purpose of these caps is to limit the amount of damages awarded and reduce liability insurance costs. However, the presence and scope of these caps can be very different from one state to the next.
In California, for example, there is no limit on non-economic damages in medical malpractice cases, but there is a limit on economic damages in wrongful death cases. Texas, on the other hand, has a more thorough cap system that limits both monetary and non-monetary damages in different types of wrongful death cases.
Massachusetts law does not impose a general cap on damages in wrongful death claims. This means there are no statutory limits on the amount of compensation that can be awarded for losses such as lost income, pain and suffering, and loss of companionship. However, specific damages, like punitive damages, which are rarely awarded, are capped at $500,000 in certain cases unless there is evidence of gross negligence, willful or wanton conduct, or reckless behavior, in which case the cap may not apply.
Call our Boston wrongful death lawyers at Cutler & Associates for specific advice on the compensation you may be able to obtain in a wrongful death claim in Massachusetts.
Finding a general settlement dollar value for wrongful death lawsuits can be difficult due to the unique circumstances of each case. Some of these factors are:
Settlements for wrongful death can vary from tens of thousands to millions of dollars, based on case specifics. An experienced lawyer can look over your case and give you a good idea of how much the settlement might be worth.
The Internal Revenue Service (IRS) and state tax officials do not count wrongful death settlements as taxable income. Most of the time, this exclusion covers both economic and non-economic losses. However, there are exceptions.
If the recipient of a wrongful death settlement deducted medical expenses related to the deceased's illness or injury in a previous tax year, those deductions may be subject to taxes.
Talk to a tax expert or attorney with experience with wrongful death claims to find out how your payment will affect your taxes.
When a loved one passes away, filing a wrongful death claim can be a difficult and emotional experience for the family members. In the days after the death of a loved one, your family may feel overwhelmed by how complicated the legal system is.
An experienced wrongful death lawyer is committed to giving compassionate, knowledgeable, and effective counsel. Here are some reasons why it is in your best interest to seek legal counsel in the days following the wrongful death of a loved one.
A Boston wrongful death lawyer has vast knowledge of wrongful death and personal injury law. They will give you good legal advice to help you understand whether you should file a claim. Their legal knowledge will help you understand your rights and the steps you need to take to get fair compensation and hold the responsible party accountable for their negligent actions.
There are many steps that need to be taken to file a wrongful death claim, such as gathering evidence, drafting extensive paperwork, and meeting tight deadlines. Your lawyer will handle all of this.
They will also help collect additional evidence as needed, such as reports or testimony from expert witnesses who can strengthen your claim. A wrongful death attorney will handle your case entirely so you and your family can focus on grieving.
Often, when someone is sued for wrongful death, the defendant or their insurance company will offer to settle out of court. To reach a fair deal, you need to be aware of strategies often employed by insurance companies to lowball your settlement or attempt to deny liability entirely.
A wrongful death lawyer will help you avoid any pitfalls and ensure a settlement which covers the full scope of your losses.
Even though most cases of wrongful death are settled outside of court, there are times when a trial is needed. An experienced lawyer with extensive courtroom experience can help in wrongful death situations.
They can develop a strong strategy, make sound arguments, and provide expert testimony to support their claim. Their experience in court gives you the best chance of getting a good result.
Determining the losses in a wrongful death claim can be challenging because there are many things affecting how much your claim is worth. These could be anything from your hospital bills and other tangible expenses to your pain and suffering.
An accidental death lawyer knows how to determine your claim’s worth by looking at these and other factors that may be important to your case. Their knowledge in calculating losses ensures maximum compensation.
Losing a loved one has a huge effect on your emotions, and filing a wrongful death claim can be a nerve-racking experience. A wrongful death lawyer can help you through this difficult time by handling your wrongful death claim so you can focus on grieving and getting your family through this trying time.
Losing a loved one is a heartbreak no one should face alone, especially when the loss is entirely preventable. At Cutler & Associates, our dedication to compassion, excellence, and fair results has been the cornerstone of our practice. For over 40 years, our team has provided legal assistance to thousands of clients, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope.
Our approach is customized to save you time, reduce stress, and secure the best possible outcome with a track record of successful settlements and court victories. Your trust in us fuels our commitment to meet and exceed your expectations. At Cutler & Associates, your case is our cause. Let us shoulder the legal burden so you can focus on healing.
Don’t let the chance for justice slip away. Reach out to Cutler & Associates today at (617) 542-5000 or (800) 600-4000. Together, we can turn your grief into action.
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