The law allows family members or the estate to seek compensation when a person or entity’s negligent actions lead to the death of another. This also includes recklessness and intentional misconduct.
You have every right to seek a settlement from the liable party if their actions would have been a legal basis for a personal injury lawsuit. Call our office to schedule a consultation with a skilled Pittsfield wrongful death lawyer and learn more about how we could help you seek justice for your loved one. Our personal injury attorneys understand what you are going through, and we are here to help make the legal process easier for you and your family.
Understanding the common causes of wrongful death can help you determine if legal action is possible. Examples of scenarios leading to wrongful death lawsuits include the following:
A Pittsfield attorney could review your wrongful death case and answer specific questions about the requirements, eligibility, and process.
The civil court awards damages to eligible parties to compensate them for specific losses. Under Massachusetts General Laws Chapter 229 § 1, the law allows a spouse, children, or next of kin to sue the responsible party for compensation. If the deceased was married and had no children, the entire award goes to their spouse.
If they had one child, they split the award with the spouse. If they were married and had more than one child, the spouse receives one-third of the award, and the kids divide the rest. The legislation further provides that the right to sue for wrongful death passes from children to grandchildren, giving them the same rights as beneficiaries.
The legislation states that the value of the claims requires determining the financial value of the deceased person’s life. They consider factors, such as the victim’s:
They also take dependents into account, future support, and the nature of the accident, including any negligent actions.
If you are unsure if you are eligible to pursue a wrongful death claim in Pittsfield, we encourage you to speak with one of our lawyers.
Wrongful death lawsuits compensate the surviving family or the estate for the income the deceased person was reasonably expected to earn during their lifetime. It also allows for the services, protection, and assistance that the individual would have provided to survivors.
They may also award payment for the companionship, guidance, comfort, and advice the deceased would have provided to family members. Lastly, they compensate for reasonable funeral and burial expenses. A wrongful death lawyer in Pittsfield could help navigate the process, negotiate on your behalf, and advocate for a just outcome. However, it is essential to act promptly, as a wrongful death claim must be filed within three years of the date of the death, according to Massachusetts General Laws Chapter 229 § 2. Missing the deadline could result in you losing your right to compensation.
Wrongful death cases result from various types of accidents or intentional actions, leading to the death of someone else. The unexpected, avoidable, and sudden loss of a loved one is devastating, and that is especially true when the accident leading to fatal injuries was entirely preventable.
Legal work to file a suit for damages may be the last thing on your mind right now, but a settlement could help you and your family financially while holding the personal or business accountable. Contact our office to schedule a consultation with a compassionate Pittsfield wrongful death lawyer to review your case and learn more.
Pellegrini, Seeley, Ryan & Blakesley
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