The sudden loss of a loved one is one of the most traumatic experiences anyone can face. When that loss occurs due to the negligence or wrongful actions of another, the pain is compounded by anger, confusion, and the need for justice. Wrongful death lawsuits are legal recourse for families seeking to hold responsible parties accountable for the loss of their loved ones. In Cambridge, Massachusetts, wrongful death cases are complex, requiring expert legal guidance to navigate the intricate legal landscape. Our wrongful death attorneys will help you understand wrongful death lawsuits, how they work, and how we can assist your family during these difficult times.
What Is a Wrongful Death Lawsuit?A wrongful death lawsuit is a civil claim brought by the family or estate of a person who has died as a result of someone else’s negligence, recklessness, or intentional misconduct. These claims are separate from any criminal charges that may arise from the death. While criminal cases focus on punishing the wrongdoer, wrongful death suits seek financial compensation to cover the losses suffered by the deceased's family. Our Cambridge personal injury attorneys are here to help you.
Common Causes of Wrongful DeathWrongful deaths can occur in a variety of situations, including:
Understanding the cause of death is a crucial part of building a successful wrongful death case, and the attorneys at Jeffrey Glassman Injury Lawyers have extensive experience investigating and litigating such claims.
Who Can File a Wrongful Death Lawsuit in Massachusetts?In Massachusetts, only specific individuals have the legal right to file a wrongful death lawsuit. Unlike other states, where immediate family members can initiate a claim, Massachusetts law requires that the executor or administrator of the deceased person’s estate file the lawsuit. This individual is often named in the deceased’s will or appointed by the court if no will exists.
While the executor or administrator is responsible for filing the claim, the beneficiaries of the lawsuit typically include:
These beneficiaries can recover financial compensation for the loss of their loved one.
What Damages Are Recoverable in a Wrongful Death Lawsuit?Wrongful death claims in Cambridge, MA, aim to compensate the surviving family members for both economic and non-economic losses. Depending on the circumstances, recoverable damages may include:
Economic DamagesThese are the tangible financial losses resulting from the death, including:
Non-economic damages address the emotional and psychological losses, such as:
In some cases, Massachusetts law also allows for punitive damages if the wrongful death resulted from willful, malicious, or grossly negligent conduct. Punitive damages are designed to punish the wrongdoer and deter similar behavior in the future.
The Legal Process of Filing a Wrongful Death Lawsuit in MassachusettsFiling a wrongful death claim involves several critical steps. Each stage requires careful attention to detail, thorough investigation, and an understanding of Massachusetts law.
Below are the essential components of a wrongful death lawsuit.
Step 1: Appointing the Executor or AdministratorAs mentioned earlier, the estate's executor or administrator must file the lawsuit. This individual manages the legal process and distributes any damages awarded to the beneficiaries.
Step 2: Investigating the ClaimA successful wrongful death lawsuit relies on gathering strong evidence to demonstrate that another party’s negligence or misconduct caused the death. This may include medical records, accident reports, witness statements, and expert testimony. Jeffrey Glassman Injury Lawyers work closely with investigators and experts to build a solid case on behalf of the family.
Step 3: Filing the ComplaintOnce the investigation is complete, a formal complaint is filed with the court. This document outlines the allegations, identifies the responsible parties, and details the damages sought by the family.
Step 4: Discovery and Pretrial ProceedingsDuring the discovery phase, both sides exchange information and evidence related to the case. This can involve depositions, interrogatories, and document requests. Pretrial motions may also be filed to address legal issues or disputes.
Step 5: Settlement NegotiationsIn many cases, wrongful death lawsuits are resolved through settlements before going to trial. A settlement allows both parties to avoid the uncertainty of a trial and agree on a fair amount of compensation. The attorneys at Jeffrey Glassman Injury Lawyers are skilled negotiators who will work tirelessly to secure the maximum possible settlement for your family.
Step 6: TrialIf a settlement cannot be reached, the case proceeds to trial. Both sides present their evidence and arguments, and a jury or judge determines the outcome. While trials can be lengthy and emotional, they are sometimes necessary to obtain full justice for the deceased.
Statute of Limitations for Wrongful Death Claims in MassachusettsIt is essential to know that Massachusetts has a statute of limitations for filing wrongful death claims. In most cases, you must file a lawsuit three years from death. However, certain exceptions may apply, so it is crucial to consult with an experienced wrongful death attorney as soon as possible to ensure your rights are protected.
How Jeffrey Glassman Injury Lawyers Can HelpAt Jeffrey Glassman Injury Lawyers, we understand the profound grief and frustration that accompany the loss of a loved one. Our compassionate attorneys have decades of experience handling wrongful death cases in Cambridge and Massachusetts. We are dedicated to holding negligent parties accountable and helping families secure the compensation they need to move forward.
Our firm offers:
If you believe another party’s negligence caused your loved one’s death, contact Jeffrey Glassman Injury Lawyers today for a free consultation. Let us help you seek justice during this difficult time. Call us for a free consultation at (617)-777-7777.