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What Actually is a Wrongful Death Claim?

Wrongful death is a claim against a person or an entity that can be held liable for someone’s death.

Who can Bring a Wrongful Death Suit?

It would be the estate of the person that passed on that would bring the claim.

What are Some Misunderstandings That People Might Have When It Comes to Wrongful Death Suits?

Probably, the biggest misunderstanding would be that the cases can take many years to resolve.

What are the Biggest Challenges That Clients Face in Wrongful Death Cases?

One must prove negligence on the part of the responsible party, they must prove a breach of duty and then there has to be causation and damages.

What are the Damages That Survivors may be Entitled to in a Wrongful Death Case?

It would be the economic damages such as the loss of earning capacity and there would be medical expenses. There would be pain and suffering and loss of consortium.

How is the Amount of Damages Actually Determined?

Economic damages would be predicated on the age and you would look at his or her work history and by that I mean if the deceased were young or middle aged, you’d look at what his work expectancy would be, what his wages were at the time of the incident as long as he or she would have been working. They also look at what the medical expenses were and then they’d look at pain and suffering.

Are Punitive Damages Ever Recoverable in a Wrongful Death Suit?

They are.

How are the Damages Or The Settlement Divided Amongst Multiple Heirs in a Wrongful Death Case?

If there was a will, the damages would be divided in accordance with the will. If there was no will, the damages would be allocated according to bloodline.

Should Heirs Hire Separate Attorneys in Wrongful Death Cases?

If the interests of the heirs don’t differ, no. If the interests of the heirs differ, yes.

What Is The Statute Of Limitations For Filing A Wrongful Death Claim?

3 years.

How Long do Wrongful Death Cases Generally Take to be Resolved?

Generally speaking, you are looking at a 2 to 3 year window but each case is individual so the timeline may be less or maybe more.

What Sets Your Firm Apart in Handling Wrongful Death Cases?

For over 25 years we have been fighting the big insurance companies and we have a team that’s very well experienced in handling wrongful death claims.

For more information on Wrongful Death Cases In Massachusetts, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 800.262.9200 today.

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