When a family member dies unexpectedly due to the negligence of another person, it can be difficult to know how to move forward. If the death of your loved one was due to the carelessness of another person, the negligent party should be held responsible. One way to hold the responsible party accountable is by filing a wrongful death action. An experienced Worcester wrongful death lawyer could help your family pursue a claim.

At Pellegrini, Seeley, Ryan & Blakesley, P.C., we understand that no amount of money can bring back your loved one. However, we could help you file a wrongful death claim to ease some of the financial burden that is often experienced after the untimely death of a family member. Our compassionate personal injury attorneys could review your case and answer your questions about a potential wrongful death claim.

Who Can File a Wrongful Death Action?

Moving forward after the unexpected loss of a family member can be difficult. A wrongful death action can be filed when negligent actions cause the death of another. In Massachusetts, the executor or personal representative of the deceased’s estate can file a wrongful death action. This is the person who is named in the will or appointed by the court to take care of the decedent’s estate. The personal representative has three years from the date of death to file a wrongful death claim. Our experienced law firm could review the facts and assist in filing a wrongful death claim in Worcester.

How To Prove a Wrongful Death

A Worcester attorney knowledgeable about wrongful death law could help navigate the legal process after the untimely death of a loved one. In a wrongful death action, the party bringing the case (the plaintiff) must prove that the party who allegedly caused the accident (the defendant) owed a duty of care to the decedent to keep them reasonably safe. It must be shown that the defendant acted negligently or recklessly and that their actions directly caused the death. The plaintiff must show that the death caused financial loss to the family or estate of the decedent. At Pellegrini, Seeley, Ryan & Blakesley, P.C., we could investigate and examine all the evidence of the incident to determine if a wrongful death claim should be filed with the court.

What Compensation Is Available?

Determining the value of a wrongful death claim can be difficult. A knowledgeable Worcester wrongful death attorney could help determine the possible compensation that may be available after the unexpected death of a loved one. According to Massachusetts General Laws Ch. 229, § 2, compensation could be requested for the loss of the following:

  • Care
  • Counsel
  • Comfort
  • Services
  • Protection
  • Guidance
  • Assistance
  • Companionship
  • Reasonably expected net income
  • Advice of the decedent to the persons entitled to damages

You may also be entitled to funeral and burial expenses. Punitive damages not less than $5,000 may be available in cases where the death was caused by malicious, willful, wanton, or reckless conduct or by gross negligence of the responsible party.

Contact a Wrongful Death Attorney in Worcester Today

Losing a loved one unexpectedly is traumatic and often leaves the family struggling to move forward. After a loss, it is important to prioritize the well-being of your family. An experienced Worcester wrongful death lawyer could help you navigate the uncertainty of the legal process after an unexpected loss so you can focus on your family.

The lawyers at Pellegrini, Seeley, Ryan & Blakesley, P.C. have extensive experience helping families navigate the legal process after the unexpected loss of a loved one. We are here to help you seek justice and secure the compensation you deserve. Call our team today to discuss your next steps.