Springfield Wrongful Death Lawyer

When a person dies as a result of the negligence, willful, wanton, or reckless act, or breach of warranty, of another, such cases are called wrongful death claims. Under Massachusetts law, recovery against a liable party is based on the loss of a loved one to certain identified family members and the estate. A Springfield wrongful death lawyer could explain the complex Massachusetts statute that governs wrongful death cases and help you secure compensation. Let one of our experienced personal injury attorneys assist you during this difficult time and seek justice on your behalf.

How Wrongful Death Claims Work

A wrongful death claim is a legal action that technically belongs to the person who has passed away. As a result, only the personal representative (the executor or administrator) of the deceased person’s estate can bring a wrongful death claim on their behalf in Massachusetts.

Family members, therefore, cannot bring an action themselves, but they can receive compensation from a wrongful death action. Additionally, only certain family members can benefit according to Massachusetts General Laws Chapter 229 §1:

• If a spouse survives and none of the children are alive, all compensation goes to the spouse
• If a spouse survives and one child (or their descendants) is alive, compensation is split, with half going to the spouse and half to the child or their descendants
• If a spouse survives and more than one child (or their descendants) is alive, compensation is split in thirds, with one-third going to the spouse and two-thirds to the children or their descendants
• If there is no surviving spouse or children, all compensation goes to the next of kin, such as parents, siblings (or their descendants), or other blood relations or adoptive family members who were financially dependent on the deceased

Compensation can include a few types of damages. Under Massachusetts General Laws Chapter 229 § 2, damages may include:

• Economic losses such as lost earnings, services, and funeral expenses
• Non-economic losses, such as a loss of companionship, comfort, and guidance
• Punitive damages of no less than $5,000 for willful, wanton, or reckless acts
• The value of the deceased person’s life
• Conscious pain and suffering for the decedent’s pre-death suffering

Of course, these damages can only be awarded if someone is found at fault for the death, and the same statute requires the death to be caused by negligence or the willful, wanton, or reckless actions or breach of warranty of another person. If a personal representative can prove that someone acted unreasonably (negligence) or intentionally without any regard for safety (willful, wanton, or reckless), or designed or made a defective or dangerous product (breach of warranty), they may be entitled to compensation. A Springfield attorney could help bring a wrongful death claim and gather the evidence necessary for a successful result.

Bringing a Wrongful Death Claim on Behalf of a Family Member

Any claim for damages will start with evidence, proof of what happened, and who was involved. For a wrongful death claim to be formally initiated, there must be evidence proving that an accident was caused by someone.

An attorney could obtain evidence from the scene of the accident and from the people (or entities) who may have been involved, whether because they directly caused an accident or had a legal responsibility to keep an area safe. Exactly who should be sued for wrongful death will depend on the specific circumstances.

A lawyer could also clarify what damages may be recoverable based on the facts of your case, as well as how those damages should be distributed among family members.

Perhaps most important to consider when starting the process of bringing a claim, however, is timing, as victims have a specific window of time for filing a wrongful death claim. Under Massachusetts General Laws Chapter 229 § 2, a personal representative only has three years from the date of death, so a wrongful death attorney could assist in filing a claim in Springfield promptly. Waiting too long could result in a family losing its right to compensation.

Talk to a Springfield Wrongful Death Attorney About Filing a Claim

When a loved one passes away, your focus should be on grieving their death and taking care of your family. If you recently lost a loved one due to another person’s negligence, you should reach out to a Springfield wrongful death lawyer at PSRB for help exploring your legal options.

Our attorneys focus their attention on proving liability in these serious matters and prepare the crucial evidence concerning the loss to survivors. Feel free to contact us 24/7 and complete the contact form for an immediate response.