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## Understanding Wrongful Death Claims in Massachusetts

When you lose a loved one due to someone else’s negligence or intentional actions, you may be entitled to pursue a wrongful death claim. In Massachusetts, these claims are designed to provide compensation for the deceased person’s family members and estate. As you navigate this challenging time, it’s crucial to understand your legal rights and options.

Wrongful death claims can arise from various situations, including car accidents, medical malpractice, workplace incidents, or defective products. These cases are complex and require a thorough understanding of Massachusetts law. If you’re searching for a wrongful death lawyer near you, it’s essential to choose an attorney with experience in handling these sensitive and often emotionally charged cases.

The process of filing a wrongful death lawsuit involves proving that the defendant’s negligence or intentional actions directly caused your loved one’s death. This requires gathering evidence, consulting with experts, and building a compelling case to demonstrate liability. Additionally, you’ll need to calculate the full extent of damages, including medical expenses, funeral costs, lost income, and non-economic damages such as loss of companionship.

### Key Legal Considerations in Wrongful Death Cases

When pursuing a wrongful death claim in Massachusetts, there are several important legal factors to consider. First, it’s crucial to understand who can file the claim. In Massachusetts, the personal representative of the deceased person’s estate is typically responsible for initiating the lawsuit on behalf of the surviving family members.

Another critical aspect is the statute of limitations for wrongful death claims in Massachusetts. Generally, you have three years from the date of death to file a lawsuit. However, there are exceptions to this rule, such as in cases involving medical malpractice or when the cause of death is not immediately apparent. It’s essential to consult with a wrongful death attorney promptly to ensure you don’t miss any important deadlines.

Lastly, Massachusetts law allows for various types of damages in wrongful death cases. These may include compensation for medical expenses, funeral and burial costs, lost income and benefits, loss of companionship, and punitive damages in cases of gross negligence or willful misconduct. Your attorney can help you understand which damages apply to your specific situation and work to maximize your potential recovery.

### The Value of Specialized Legal Representation

Navigating a wrongful death claim can be overwhelming, especially when you’re grieving the loss of a loved one. That’s why it’s crucial to work with a skilled wrongful death attorney who can guide you through the legal process and advocate for your rights. An experienced lawyer can handle all aspects of your case, from investigating the circumstances of the death to negotiating with insurance companies and, if necessary, representing you in court.

A knowledgeable attorney can also help you understand the potential value of your claim and work to secure a fair wrongful death settlement. They’ll consider factors such as the deceased person’s age, earning capacity, and life expectancy, as well as the impact of their loss on surviving family members. This comprehensive approach ensures that all relevant damages are accounted for in your claim.

Moreover, an attorney with experience in wrongful death cases can anticipate and address potential challenges that may arise during the legal process. They can help you navigate complex legal procedures, gather necessary evidence, and build a strong case to support your claim. This level of support can be invaluable as you seek justice for your loved one and work towards securing your family’s financial future.

## When to Seek Legal Help for a Wrongful Death Claim

If you’ve lost a loved one due to someone else’s negligence or intentional actions, it’s important to consider seeking legal help as soon as possible. While dealing with grief and handling practical matters may be your immediate priorities, consulting with a wrongful death lawyer near you can help protect your rights and ensure you don’t miss important deadlines.

Ideally, you should reach out to an attorney within a few weeks of your loved one’s passing. This allows time to gather essential evidence, interview witnesses while their memories are fresh, and begin building a strong case. Remember, the wrongful death statute of limitations in Massachusetts is generally three years, but it’s best not to wait until the last minute to take action.

There are several situations where it’s particularly crucial to seek legal counsel promptly. For instance, if your loved one’s death resulted from a car accident, medical malpractice, or a workplace incident, these cases often involve complex liability issues and may require extensive investigation. An experienced attorney can help navigate these challenges and work towards securing the compensation your family deserves.

### Initiating a Wrongful Death Lawsuit

When you decide to pursue a wrongful death claim, your attorney will guide you through the process of filing a lawsuit. This typically begins with a thorough investigation of the circumstances surrounding your loved one’s death. Your lawyer will gather evidence, consult with experts if necessary, and build a compelling case to demonstrate the defendant’s liability.

The next step involves filing a complaint with the appropriate court, which formally initiates the lawsuit. Your attorney will Draft this document, outlining the facts of the case, the legal basis for your claim, and the damages you’re seeking. The defendant will then have an opportunity to respond to the complaint, and the legal process will move forward.

Throughout the lawsuit, your attorney will handle all communication with the defendant’s legal team and insurance companies. They’ll work to negotiate a fair settlement on your behalf, taking into account the full extent of your losses. If a settlement cannot be reached, your lawyer will be prepared to take your case to trial and advocate for your rights in court.

## Compensation in Wrongful Death Cases

Understanding the types of compensation available in wrongful death cases can help you set realistic expectations for your claim. In Massachusetts, damages in these cases are typically divided into two categories: economic and non-economic losses. Your wrongful death attorney can help you identify and calculate these damages to ensure you seek appropriate compensation.

Economic damages are those with a clear monetary value. These may include medical expenses incurred before your loved one’s death, funeral and burial costs, and lost income and benefits. In cases where the deceased was the primary breadwinner for the family, economic damages may also account for the loss of future earnings and financial support.

Non-economic damages, on the other hand, are more subjective and can be more challenging to quantify. These may include compensation for the loss of companionship, guidance, and emotional support that your loved one provided. In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior in the future.

### Factors Affecting Wrongful Death Settlements

Several factors can influence the amount of a wrongful death settlement or jury award. These include the age and health of the deceased at the time of death, their earning capacity and life expectancy, and the circumstances surrounding their death. The strength of the evidence supporting your claim and the skill of your attorney in presenting your case can also play a significant role in the outcome.

It’s important to note that wrongful death compensation is not subject to income tax in most cases. However, there may be exceptions for certain types of damages, such as punitive damages or interest on the judgment. Your attorney can provide guidance on the tax implications of any settlement or award you receive.

While no amount of money can truly compensate for the loss of a loved one, securing a fair settlement can help provide financial stability for your family and hold the responsible parties accountable. A skilled wrongful death attorney will work diligently to maximize your recovery and ensure that all applicable damages are considered in your claim.

## Navigating the Emotional Aspects of Wrongful Death Claims

Pursuing a wrongful death claim can be emotionally challenging, as it requires you to revisit the circumstances of your loved one’s passing and quantify your loss in financial terms. It’s important to remember that seeking compensation through a wrongful death lawsuit is not about putting a price on your loved one’s life, but rather about securing justice and financial stability for your family.

Throughout the legal process, it’s crucial to have a support system in place. This may include friends, family members, or professional counselors who can provide emotional support as you navigate the complexities of your case. Many wrongful death attorneys also work closely with grief counselors and can provide referrals if needed.

Remember that while your attorney will handle the legal aspects of your case, you play an important role in providing information and making decisions. Be prepared to share

Personal Injury Law Practice Areas

Wrongful death claims seek justice and financial compensation for families who have lost a loved one due to another party’s negligence or intentional actions, providing a means to address the emotional and economic impact of their loss.

Wrongful Death Claims

Auto accidents can result in devastating injuries and complex legal challenges, which is why our experienced team at Combies Hanson, P.C. is dedicated to helping victims navigate the intricate process of seeking compensation and justice for their suffering.

Auto Accidents

Slip and fall cases require skilled legal representation to navigate complex liability issues and secure fair compensation for injuries sustained on hazardous property, whether due to wet floors, icy sidewalks, or poorly maintained surfaces.

Slip and Fall Cases

Medical malpractice claims arise when healthcare professionals fail to provide the accepted standard of care, resulting in patient harm, and our experienced attorneys can help you navigate the complex legal process to seek justice and compensation for your injuries.

Medical Malpractice Claims

Product liability cases arise when defective or dangerous products cause injury or harm to consumers, and manufacturers, distributors, or retailers may be held accountable for damages, making it crucial to consult experienced attorneys like those at Combies Hanson, P.C. for expert guidance and representation in such complex legal matters.

Product Liability

Workplace injuries can be devastating, affecting not only your physical health but also your financial stability and quality of life, which is why our experienced team at Combies Hanson, P.C. is dedicated to helping you navigate the complex legal process and secure the compensation you deserve.

Workplace Injuries

Dog bite cases can be complex, involving multiple factors such as property owner liability, local leash laws, and the severity of injuries sustained, which is why it’s crucial to consult with experienced personal injury attorneys who can navigate these intricacies and fight for the compensation you deserve.

Dog Bite Cases

Nursing home abuse is a devastating violation of trust that can take various forms, including physical, emotional, or financial exploitation of vulnerable seniors, and Combies Hanson, P.C. is dedicated to holding negligent facilities accountable while advocating for the rights and dignity of elderly residents.

Nursing Home Abuse

Nursing home abuse is a devastating violation of trust that can take many forms, including physical, emotional, or financial exploitation of vulnerable seniors, and Combies Hanson, P.C. is dedicated to holding negligent facilities accountable while fighting for the rights and dignity of elderly victims.

FDA Adverse Events

Rape and sexual assault cases require sensitive handling and expert legal representation, and our experienced attorneys at Combies Hanson, P.C. are committed to supporting survivors throughout Massachusetts, providing compassionate guidance and fighting tirelessly for justice and fair compensation.

Rape and Sexual Assault

Construction accidents can result in severe injuries or fatalities due to hazards like falls, equipment malfunctions, or structural collapses, making it crucial for victims to seek experienced legal representation to navigate complex liability issues and secure rightful compensation.

Construction Accidents

Negligent security cases arise when property owners fail to provide adequate safety measures, resulting in injuries or harm to visitors, and our experienced attorneys at Combies Hanson, P.C. can help you navigate these complex claims to secure the compensation you deserve.

Negligent Security

Bicycle accidents can result in severe injuries due to the lack of protection for cyclists, often leading to complex legal cases that require the expertise of an experienced personal injury attorney to navigate insurance claims and secure fair compensation for victims.

Bicycle Accidents

Pedestrian accidents can result in severe injuries or fatalities, often due to the vulnerability of individuals on foot when faced with the immense force of a moving vehicle, making it crucial to seek experienced legal representation to protect your rights and pursue fair compensation.

Pedestrian Accidents

Liquor liability cases involve holding establishments accountable for serving alcohol to visibly intoxicated patrons who subsequently cause harm to themselves or others, requiring skilled legal representation to navigate complex state laws and establish negligence.

Liquor Liability

Burn injuries can be devastating, causing severe physical pain, emotional trauma, and long-term complications that often require extensive medical treatment and rehabilitation, making it crucial to seek experienced legal representation to ensure proper compensation for medical expenses, lost wages, and ongoing care.

Burn Injuries

Spinal cord injuries can have devastating, life-altering consequences, often resulting in partial or complete paralysis, chronic pain, and significant medical expenses, which is why it’s crucial to seek expert legal guidance to ensure you receive the compensation and support needed for long-term care and rehabilitation.

Spinal Cord Injuries

Legionnaire’s Disease, a severe form of pneumonia caused by Legionella bacteria, can lead to serious health complications and potential legal claims if contracted due to negligence in building maintenance or water systems.

Legionnaire’s Disease

Premises liability cases arise when property owners or managers fail to maintain safe conditions, resulting in injuries to visitors or tenants, and may include slip and fall accidents, inadequate security, or hazardous conditions that should have been addressed.

Premises Liability

Mass torts are complex legal cases involving numerous plaintiffs who have suffered similar injuries due to a defective product, dangerous drug, or widespread negligence, often requiring experienced attorneys to navigate the intricate legal landscape and secure fair compensation for victims.

Mass Torts

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Combies Hanson, P.C.

Wrongful Death Claims Attorneys

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When facing Wrongful Death Claims, turn to Combies Hanson, P.C. for skilled representation. Our dedicated team has earned the trust of countless Massachusetts clients, providing compassionate support and legal expertise throughout the challenging process.

Boston Wrongful Death Claims Attorney

When you’re facing the unimaginable loss of a loved one due to someone else’s negligence, you need compassionate yet tenacious legal representation to help you navigate the complex process of a wrongful death claim. At Combies Hanson, P.C., we understand the profound emotional and financial toll that a wrongful death can take on families. Our dedicated team of attorneys brings years of experience and a deep commitment to advocating for the rights of those left behind. We combine our extensive knowledge of Massachusetts wrongful death laws with a personalized approach, ensuring that each case receives the attention and care it deserves. Our track record of successful settlements and verdicts speaks to our ability to hold negligent parties accountable and secure the compensation families need to move forward. When you choose Combies Hanson, P.C., you’re not just getting legal representation; you’re gaining a supportive partner who will stand by your side throughout the entire legal process, from investigation to resolution. We pride ourselves on our accessibility, keeping you informed at every step and answering your questions promptly. Our firm’s resources and network of professionals allow us to build strong cases, often involving accident reconstruction specialists, medical professionals, and economic experts to substantiate your claim. By choosing Combies Hanson, P.C. for your wrongful death claim, you’re ensuring that your loved one’s memory is honored and that justice is pursued with unwavering dedication.

Contact our Wrongful Death Claims Attorneys at 857-855-6963

Our Practice Areas

Auto Accidents

Slip and Fall Cases

Medical Malpractice Claims

Product Liability

Wrongful Death Claims

Workplace Injuries

Dog Bite Cases

Nursing Home Abuse

FDA Adverse Events

Rape and Sexual Assault

Construction Accidents

Negligent Security

Bicycle Accidents

Pedestrian Accidents

Liquor Liability

Burn Injuries

Spinal Cord Injuries

Legionnaire's Disease

Premises Liability

Mass Torts

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Client Testimonials

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Common Questions about Wrongful Death Claims

What is a wrongful death claim in Massachusetts?
A wrongful death claim in Massachusetts is a legal action brought by the deceased person’s estate or family members when someone’s death is caused by the negligence, recklessness, or intentional act of another party. These claims seek compensation for the losses suffered by the surviving family members due to the untimely death of their loved one.

Who can file a wrongful death claim in Massachusetts?
In Massachusetts, only the executor or administrator of the deceased person’s estate can file a wrongful death claim. This individual is typically named in the deceased’s will or appointed by the court. The claim is filed on behalf of the surviving family members, including the spouse, children, and parents of the deceased.

What is the statute of limitations for filing a wrongful death claim in Massachusetts?
The statute of limitations for filing a wrongful death claim in Massachusetts is generally three years from the date of death or from the date when the cause of death was discovered or should have been discovered. It’s crucial to consult with an attorney promptly to ensure your claim is filed within the appropriate timeframe.

What types of damages can be recovered in a Massachusetts wrongful death claim?
In Massachusetts, recoverable damages in a wrongful death claim may include:

1. The loss of the deceased’s expected income

2. Loss of care, comfort, companionship, and guidance

3. Funeral and burial expenses

4. Medical expenses related to the fatal injury or illness

5. Punitive damages in cases of gross negligence or willful misconduct

6. Pain and suffering of the deceased before death

The specific damages awarded depend on the circumstances of each case.

How is fault determined in a Massachusetts wrongful death case?
Fault in a Massachusetts wrongful death case is determined based on the principles of negligence. The plaintiff must prove that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death. Massachusetts follows a modified comparative negligence rule, meaning that if the deceased was partially at fault, damages may be reduced proportionately, as long as the deceased’s fault was not greater than the combined fault of all other parties.

What evidence is typically needed to support a wrongful death claim in Massachusetts?
Evidence commonly used to support a wrongful death claim in Massachusetts may include:

1. Police reports and accident reconstructions

2. Medical records and autopsy reports

3. Eyewitness testimonies

4. Expert witness opinions

5. Photographs and video footage of the incident

6. Employment and income records of the deceased

7. Documentation of the relationship between the deceased and beneficiaries

An experienced wrongful death attorney can help gather and present this evidence effectively.

How long does a wrongful death case typically take to resolve in Massachusetts?
The duration of a wrongful death case in Massachusetts can vary significantly depending on the complexity of the case, the willingness of parties to negotiate, and court schedules. Some cases may settle within a few months, while others that go to trial can take several years to resolve. Your attorney can provide a more accurate timeline based on the specific details of your case.

Can I file a wrongful death claim if the deceased was not employed at the time of death?
Yes, you can still file a wrongful death claim in Massachusetts even if the deceased was not employed at the time of death. While lost wages are one component of damages, there are other types of compensation available, such as loss of companionship, funeral expenses, and medical costs. The value of the deceased’s contributions to the household, even if not financial, can also be considered in the claim.

What if the person responsible for the death faces criminal charges?
A wrongful death claim is a civil action that is separate from any criminal proceedings. You can pursue a wrongful death claim regardless of whether criminal charges are filed or the outcome of a criminal case. The burden of proof in a civil case is lower than in a criminal case, so it’s possible to win a wrongful death claim even if the defendant is acquitted in criminal court.

How are wrongful death settlements taxed in Massachusetts?
Generally, compensatory damages received from a wrongful death settlement in Massachusetts are not taxable at the federal or state level. This includes amounts received for emotional distress, loss of companionship, and medical expenses. However, any portion of the settlement that is for punitive damages or lost wages may be taxable. It’s advisable to consult with a tax professional regarding the specific tax implications of your settlement.

Can I file a wrongful death claim if the deceased was partly at fault for the accident?
Yes, you can still file a wrongful death claim in Massachusetts even if the deceased was partly at fault. Massachusetts follows a modified comparative negligence rule. As long as the deceased’s fault was not greater than the combined fault of all other parties (50% or less), a claim can be pursued. However, the damages awarded will be reduced by the percentage of fault attributed to the deceased.

What if the responsible party doesn’t have insurance or sufficient assets?
If the responsible party lacks insurance or sufficient assets to cover the damages, several options may be explored:

1. Pursuing the individual’s personal assets

2. Investigating if there are other potentially liable parties

3. Exploring whether your own insurance policies (such as uninsured/underinsured motorist coverage) might apply

4. In some cases, seeking compensation from government entities if they share responsibility

An experienced wrongful death attorney can help identify all possible sources of compensation.

How do wrongful death claims differ from survival actions in Massachusetts?
In Massachusetts, wrongful death claims and survival actions are distinct but related legal actions:

1. Wrongful death claims compensate the deceased’s family for their losses resulting from the death.

2. Survival actions allow the deceased’s estate to pursue claims the deceased person could have brought had they survived, such as pain and suffering experienced before death.

Both types of claims can often be pursued simultaneously, providing comprehensive compensation for the deceased’s estate and family members. An experienced attorney can advise on the best approach for your specific situation.

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