Massachusetts Wrongful Death Accident Lawyer

Have you lost a loved one in a wrongful death accident? We can help with your claim. Contact Cutler & Associates Now.

A wrongful death is an unexpected tragic loss caused by someone else’s negligence that shatters the lives of hundreds of Massachusetts families every year. These unthinkable events inflict emotional pain on the surviving loved ones. Additionally, the immediate family members often find themselves thrust into a world of financial upheaval. Families need compassionate support and excellent legal representation. We want you to know you are not alone. Our Massachusetts wrongful death lawyers are here to help your family get the justice and fair compensation you deserve.

An Overview of Massachusetts Wrongful Death

A wrongful death is defined as when a person dies as the result of another party's negligence or misconduct. Wrongful deaths can happen in a wide range of scenarios, ranging from medical malpractice to workplace accidents. Massachusetts law allows surviving family members to hold negligent parties accountable for their actions.

The deceased’s loved ones have the right to seek financial compensation via a wrongful death lawsuit. Of course, there's no way money can replace the loss of a life. However, the law can offer a measure of justice and a degree of closure for grieving families. It can also help relieve the financial strain often caused by an unexpected death in the family.

If you need help figuring out the next steps after the loss of a loved one, call Cutler & Associates for a free consultation.

Wrongful Death Accidents by the Numbers

Wrongful deaths have a heart-breaking impact on families throughout the Commonwealth. Recent statistics shed light on just how common these tragedies actually are.

• According to the 2021 State Highway Safety Report, Massachusetts had 417 traffic fatalities on state highways alone.
• Nearly 251,000 deaths happen annually in our nation due to medical errors.
• On average, 70 workplace fatalities occur in the state every year.

These statistics provide a sobering glimpse into how often people in our neighborhoods and families lose their lives due to the negligence of others. The data also emphasizes the urgency of taking preventive measures and holding negligent parties accountable. If you've experienced the tragedy of wrongful death, reach out to a qualified Massachusetts wrongful death attorney.

Common Causes of Massachusetts Wrongful Death Accidents

Are you aware of the dangers lurking on Massachusetts roads, workplaces, and healthcare settings? Knowing the common causes helps shed light on who could be held liable. Various factors contributing to wrongful deaths include the following:

• Car Accidents: Many lives are lost due to reckless driving, distracted driving, driving under the influence of alcohol or drugs, and other traffic violations. Victims of car accidents often include drivers, passengers, pedestrians, and cyclists.
• Medical Malpractice: Healthcare providers make fatal errors despite advancements in the medical field. Negligent acts may include surgical mistakes, misdiagnoses, medication errors, or failure to provide appropriate treatment.
• Workplace Incidents: Employees face various hazards from construction sites to office environments that can lead to fatal injuries. Falls, equipment malfunctions, exposure to deadly substances, and transportation accidents are just a few examples of the dangers workers may encounter on the job.
• Defective Products: Poorly designed or manufactured products often lead to death. Examples include faulty car parts, a dangerous pharmaceutical drug, or a defective household appliance. Manufacturers, distributors, and retailers have a legal obligation to ensure the safety of their products and warn consumers of any potential risks.
• Violence and Criminal Acts: Violence and criminal acts, including assault, homicide, and domestic violence, can result in wrongful death. Victims include the direct targets, bystanders, or innocent individuals caught in the crossfire.

There are many different causes of wrongful deaths. By recognizing these factors, you empower yourself with knowledge needed to seek justice and hold the at-fault parties accountable for your loved one's untimely demise.

How Wrongful Death Lawsuits Differ From Murder/Manslaughter Cases

There are legal distinctions between a wrongful death lawsuit and a murder or manslaughter case. Both involve the loss of a loved one due to another party's actions, but they differ greatly in their legal approach and outcomes.

Wrongful Death Lawsuit

A wrongful death lawsuit in Massachusetts is a civil legal action brought by the estate's representatives of the deceased. The suit is filed against the party or parties whose negligent or wrongful actions caused the death. These fatal actions may include, but are not limited to, medical malpractice, car accidents, workplace accidents, or defective products.

• Legal Basis: Wrongful death lawsuits are based on the principle of negligence, which means that the defendant failed to exercise reasonable care, resulting in harm to another person. The burden of proof in a wrongful death claim is lower than in a criminal case. It requires only a preponderance of evidence rather than proof beyond a reasonable doubt.
• Objective: The primary aim of a wrongful death lawsuit is to seek compensation for the damages suffered by the surviving family members as a result of the deceased person's death. This compensation may cover medical expenses, funeral costs, lost income, and emotional pain and suffering.
• Resolution: Wrongful death lawsuits are resolved through settlement negotiations or, if necessary, litigation in civil court. The case's outcome may result in the defendant being held liable for monetary damages paid to the surviving family members.

Murder or Manslaughter Case

A murder or manslaughter case in Massachusetts is a criminal prosecution brought by the state against an individual accused of bringing about the demise of another individual by intentional or reckless conduct.

• Legal Basis: Cases of murder and manslaughter are based on the criminal statutes of Massachusetts, which define the specific elements of each offense. Murder involves the deliberate killing of someone else with premeditated malice. Manslaughter is the careless or irresponsible killing of another individual.
• Objective: The primary aim of a murder or manslaughter case is to hold the defendant accountable for their criminal actions and seek justice on behalf of society. The focus is on punishing the defendant for their wrongdoing rather than compensating the relatives of the victim.
• Resolution: Murder and manslaughter claims are resolved through criminal proceedings in state or federal court. If the defendant is found guilty beyond a reasonable doubt, they may face fines, jail time, probation, or other criminal penalties imposed by the court.

Key Differences

• Legal Standard: Wrongful death cases require proof of negligence by a preponderance of evidence, while cases of murder and manslaughter require proof of guilt beyond a reasonable doubt.
• Objective: Wrongful death lawsuits seek compensation for the family of the victim, while manslaughter and murder cases seek punishment of the defendant.
• Resolution: Wrongful death suits are resolved through civil proceedings, while cases involving manslaughter or murder are resolved through criminal proceedings.

Both wrongful death lawsuits and murder/manslaughter cases involve the loss of life. The distinct legal processes have different objectives, proof standards, and outcomes.

Massachusetts Wrongful Death Laws

Massachusetts has specific laws governing wrongful death cases, outlined in Chapter 229, Sections 2 and 3 of the Massachusetts General Laws. These laws allow surviving family members to pursue legal action against individuals or entities whose negligence or wrongful conduct led to the death of their loved one. Additionally, they can seek compensation for the damages incurred.

How Do You Prove Negligence?

Negligence means someone fails to act with reasonable care, resulting in harm to another person. In wrongful death cases, negligence refers to the actions or inaction of a person or entity that directly caused or contributed to the death of an individual.

For instance, let's say a driver is texting while driving and causes a car accident that results in someone's death. They could be found negligent for their actions.

In Massachusetts, proving negligence in a wrongful death case typically involves demonstrating four key elements:

• Duty of care: The defendant (the person or entity being sued) owed a responsibility to the deceased person.
• Breach of duty: The defendant failed to uphold their obligation of care by acting in a way that a reasonable person would not have under similar circumstances.
• Causation: The defendant's violation of duty directly caused or significantly contributed to the individual's passing.
• Damages: The death resulted in damages, such as financial losses, emotional suffering, and loss of companionship, for the surviving family members.

If negligence is proven in a wrongful death case, the responsible party may be held legally liable for the damages suffered by the deceased person's loved ones. This could include compensation for medical expenses, funeral costs, lost income, and conscious pain and suffering.

What Is Comparative Negligence?

Comparative negligence is a legal concept that comes into play in wrongful death cases in Massachusetts when more than one party is deemed to be at fault for the accident leading to the death of an individual.

Here's a brief overview of how it works:

• Shared Responsibility: Comparative negligence recognizes that sometimes the deceased person and the defendant may have aided in the death. It acknowledges fault may be shared to varying degrees between these parties.
• Percentage of Fault: The court will assess the degree of fault of each party involved in the wrongful death case. This assessment is typically expressed as a percentage. For example, the court might find that the deceased person was 20% responsible for the accident while the defendant was 80% responsible.
• Impact on Compensation: The principle of comparative negligence affects the compensation surviving family members may receive. If the deceased person is partially at fault for their own death, their family's compensation may be reduced in proportion to their degree of fault.

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 wrongful death. However, if the plaintiff is determined to be 51% or more at fault, they cannot recover damages.

Who Can File a Wrongful Death Lawsuit?

Specific individuals are eligible to file a wrongful death lawsuit on behalf of the deceased. In Massachusetts, the executor or administrator of the deceased individual's estate can file the claim. This person serving this role is usually named in the decedent's will. The court chooses the executor or administrator if there isn't a will. This individual's duty is to finalize the estate, pay off outstanding obligations, and manage any wrongful death claims.

What Is the Statute of Limitations?

The statute of limitations refers to the time limit within which a lawsuit must be filed after the wrongful death occurs. In Massachusetts, this timeframe is typically three years from the deceased person's death date.

You will likely lose the right to pursue legal action and compensation if you miss this deadline. Also, it's best to take prompt action to collect the evidence needed to build a rock-solid case.

The legal framework governing wrongful death claims aims to protect the rights of surviving family members. Did someone cause the death of your loved one? Enlist the services of an attorney to guide you through the steps of filing a Massachusetts wrongful death lawsuit.

Types of Compensation Available to Surviving Families

When a loved one dies because of someone's negligent actions, the emotional anguish can overwhelm you. Amidst the grief, many families in Massachusetts wonder about their right to compensation for their loss. In Massachusetts wrongful death cases, compensation falls into three main categories: economic, non-economic, and punitive.

Economic Damages

Economic damages refer to the financial losses directly associated with the wrongful death. This includes:

• Medical bills
• Funeral and burial costs
• Loss of future income

Calculating economic damages requires a thorough assessment of the deceased's earning potential, including age, occupation, and life expectancy.

Non-Economic Damages

Non-economic damages are more subjective and encompass the intangible losses surviving family members suffer. These may include:

• Conscious pain and suffering
• Loss of consortium/companionship
• Emotional distress

It's challenging to assign a monetary value to these losses. However, courts consider the impact of the loss on family members' lives and well-being when determining non-economic damages.

Punitive Damages

Punitive damages serve a different purpose than economic and non-economic damages. These damages are intended to punish the defendant for their egregious conduct. Courts also seek to deter similar behavior in the future. The law only allows these damages in cases where conduct was particularly reckless, and they are not awarded in most cases.

Factors Influencing Compensation

Several factors may influence the compensation awarded in a Massachusetts wrongful death case. These include:

• Age and health of the deceased
• Deceased’s earning potential
• Circumstances of the accident
• Defendant's degree of fault

Additionally, the skill and experience of your wrongful death lawyer can play a significant role in securing maximum compensation for the plaintiff.

No amount of money can ever fully compensate for the loss of a loved one. However, taking legal action can provide a sense of justice and financial stability for surviving family members.

Common Obstacles in Wrongful Death Cases

In the pursuit of justice for your loved one's wrongful death, obstacles may arise along the way. However, with the support of a skilled attorney, you can overcome these challenges to reach a favorable resolution.

• Establishing Liability: It takes strong proof to demonstrate that the wrongdoing of another person caused your loved one's death. Building a solid case involves activities ranging from gathering witness testimonies to analyzing medical records.
• Navigating Legal Procedures: Massachusetts wrongful death laws and legal procedures can be confusing, especially for those unfamiliar with the legal system. Lawyers can handle everything, such as filing the initial claim, attending court hearings, and negotiating settlements.
• Dealing with Insurance Companies: Insurance companies often play a significant role in wrongful death cases. They are often responsible for compensating the plaintiff. However, dealing with insurance adjusters isn't easy when they attempt to minimize the claim's value or deny liability altogether.
• Proving Damages: Calculating and proving damages in wrongful death cases can be complex. In addition to economic damages, plaintiffs may also seek compensation for non-economic damages, such as pain and suffering and loss of companionship. Quantifying these intangible losses may require the help of professionals, such as vocational experts, mental health workers, and economists.
• Facing Legal Defenses: Defendants in wrongful death cases often employ various legal defenses to evade liability or reduce the compensation owed. They argue everything from claiming comparative negligence to arguing the victim assumed the risk. These defenses complicate the legal proceedings and prolong the litigation process.
• Managing Emotional Stress: Perhaps the most significant challenge for plaintiffs in wrongful death cases is managing the emotional stress and trauma associated with the loss of a loved one. Grieving families may struggle to cope with their emotions while dealing with the demands of the legal process.

The road to justice in Massachusetts wrongful death cases has its challenges, but all isn't lost. A skilled Massachusetts wrongful death attorney has the skillset to overcome these hurdles through preparation and a strategic legal approach.

How a Massachusetts Wrongful Death Lawyer Can Help You

Losing a loved one to a wrongful death leaves grieving families grappling with legal issues. In such challenging times, a Massachusetts wrongful death lawyer can offer compassionate advocacy when pursuing accountability.

• Guiding You Through the Legal System: A wrongful death lawyer understands the state's specific laws and statutes affecting wrongful deaths. They can help you progress through the legal paperwork and procedures. With them working on your behalf, it frees you up to focus on your healing journey.
• Providing Sound Legal Advice: One of the primary roles of a Massachusetts wrongful death lawyer is to provide sound counsel throughout every stage of your case. They assess the unique circumstances of your situation, identify liable parties, and strategize the best course of action to maximize your chances of a favorable outcome. Their experience handling similar cases equips them with the insights to overcome the most challenging circumstances.
• Advocating for Your Rights: A wrongful death lawyer is your staunch advocate who relentlessly fights for your rights. They represent your case with passion and dedication, ensuring your voice is heard, and your loved one's memory is honored. Whether negotiating with insurance companies or presenting your case in court, they are committed to securing the justice you deserve.

Qualities to Seek in a Lawyer

Several qualities are essential when choosing a Massachusetts wrongful death lawyer. Look for a lawyer who possesses:

• Experience: Seek a lawyer with a proven track record of successfully handling wrongful death cases like yours.
• Compassion: Your lawyer should demonstrate genuine empathy and understanding for your situation and treat you with compassion and respect.
• Communication: Effective communication matters. Choose a lawyer who will keep you informed throughout the legal process, answer your questions, and address your concerns.
• Resources: A reputable lawyer should have access to the resources necessary to build a strong case, including expert witnesses and investigators.
• Dedication: Select a lawyer dedicated to advocating fiercely for your rights and willing to go the extra mile to achieve a favorable outcome.

A Boston wrongful death lawyer can be your greatest ally. After the heartbreaking loss of someone you love, you deserve the kind of justice that holds negligent parties accountable. With an attorney's guidance, experience, and advocacy, you have the best opportunity to fight for the memory of your departed loved one.

Cutler & Associates Stands By Your Side

At Cutler & Associates, we understand the heart-wrenching pain that follows a wrongful death accident. As Massachusetts residents, we are deeply connected to our community, and we genuinely care about your well-being.

Our legal team of experienced Massachusetts wrongful death attorneys is dedicated to fighting for justice on your behalf. We have provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope. Our legal team has the skills to handle even the most complex cases with tenacity.

Here's how we can serve you:

• Personalized Attention and Peace of Mind: We prioritize your well-being and peace of mind above all else. When you choose our law firm, you'll receive the one-on-one attention you deserve throughout the legal process.
• Proven Track Record: Our firm has a proven record of success representing our clients in and out of the courtroom. We strive to achieve fair resolutions for every case through skilled negotiation or vigorous litigation.
• Your Satisfaction Matters: Your satisfaction is our ultimate goal. We are proud that many of our clients come to us through referrals, a testament to our commitment to achieving favorable outcomes for those we represent.

Contact Us Now

Was your loved one a victim of a Massachusetts wrongful death accident? Don't wait to seek justice. We're here to support you every step of the way. Contact us today at (800) 600-4000 or (617) 542-5000 for compassionate support and top-level legal representation.