A serious accident such as a car crash or a slip and fall can shatter a victim’s life. When the accident results in a fatality, however, the consequences are devastating and life-changing. Boston wrongful death lawyer Barry Feinstein understands what a family experiences when a loved one is lost suddenly and tragically as a result of another party’s negligence. Although no amount of money can truly make a family whole again, it can help offset the financial impact of the accident and the victim’s absence. In a wrongful death lawsuit, the representative of the decedent’s estate seeks compensation for any and all expenses associated with the accident and the decedent’s passing. Our team of experienced legal professionals will ensure that your family receives the full amount of compensation that you deserve during this time while treating you with the compassion that is appropriate after such a difficult loss.Situations Involving Fatal Accidents
Fatal accidents can happen in a wide range of situations. One of the most common examples involves motor vehicle accidents, such as bicycle accidents, motorcycle accidents, and truck accidents. These crashes involve victims who are more susceptible to serious injuries, such as a motorcyclist being ejected from his or her motorcycle or a bicyclist who lacks external protections. Slip and fall accidents and other accidents on property can also lead to unfortunate deaths. If a landowner does not ensure that staircases are in good working order or that balconies are safe for guests, the consequences can be deadly.
Defective products have also been associated with wrongful death claims. If a product or device is not sufficiently safe for someone to use, it can lead to life-threatening injuries. Household appliances, children’s toys, and pharmaceuticals are just a few examples of dangerous products linked to unfortunate deaths. A wrongful death attorney in the Boston area can help families take legal action against manufacturers. Finally, medical malpractice and nursing home negligence can lead to unnecessary deaths. If a medical professional fails to diagnose a condition in a timely manner or if a nursing home resident does not receive the thorough and appropriate care that he or she needs, a life may be lost.Seeking Compensation in a Wrongful Death Claim
If you have lost a loved one in an accident, a wrongful death claim may be appropriate for your family and you. Massachusetts has specific rules that govern how this type of claim can be asserted and who must file the claim. The personal representative of the decedent’s estate must assert the claim on behalf of the estate. This is the individual who will be named as the plaintiff. If the decedent did not appoint someone to serve as their personal representative, the court will appoint an appropriate individual.
In the lawsuit, the plaintiff and their Boston wrongful death attorney must show that the defendant owed the decedent a duty of care, that they did not use the appropriate care and skill at the time of the accident, and that this failure was a direct and foreseeable cause of the decedent’s passing. This can be a difficult process, depending on the complexity of the accident and the facts surrounding the sequence of events leading up to the fatality. It can be necessary to consult with expert witnesses to explain how the accident occurred and why the defendant’s conduct was ultimately to blame.
When it comes to damages that can be recovered, the plaintiff can seek compensation for any medical expenses, funeral and burial expenses, and other costs directly associated with the accident. Massachusetts also allows the surviving family members to seek damages for items like loss of consortium and reasonable expected income. If any compensation is awarded in the wrongful death lawsuit, it is awarded to the estate to be distributed in accordance with the decedent’s estate plan.Consult a Knowledgeable Wrongful Death Lawyer in Boston or Surrounding Cities
If you believe that you lost a loved one as a result of another person’s negligence, it is critical that you speak to a knowledgeable attorney as soon as possible to explore your legal rights and options. We have assisted families in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. Barry Feinstein will fight diligently on your behalf. To schedule your free consultation, call us at 1-800-262-9200 or contact us online to get started.