A Wrongful Death can from a pure accident or from someone else’s blatant negligence. Either way, the surviving family and loved ones have to endure the pain of loss and wonder how it could have been avoided. Wrongful death cases can be very expensive and time consuming, but are necessary to help to move on, to collect damages, and in many cases to help to prevent future deaths.
What Is A Wrongful Death Case?
Basically, a wrongful death case is a liability case that results in the death of the injured person.
Every person has the duty imposed by case law to abstain from injuring another person or his property. A wrongful death case can be based upon: intentional conduct, negligence (not intentional conduct) or strict liability for ultra hazardous activities or defective products which cause a person’s death.
Go here to see Massachusetts’ Wrongful Death Statute
Who Can File A Wrongful Death Claim?
Heirs and personal representatives can file a wrongful death lawsuit. An “heir” is anyone that can inherit from the decedent, if the decedent died without a will. This often includes the decedent’s surviving spouse or domestic partner, children, parents or brothers and sisters of the decedent.
An individual’s financial compensation for wrongful death can include:
- Grief and sorrow;
- Loss of probable support;
- Loss of companionship, society, comfort and consortium; and
- Pain suffering and disfigurement of the decedent.
The decedent’s estate can recover for:
- Decedent’s medical expenses;
- Funeral expenses; and
- Punitive damages – for the egregious conduct of the defendant causing the decedent’s death.
Contact An Attorney
If you’ve lost a loved one due to someone else’s negligence, don’t hesitate to contact The Law Offices of Dussault & Zatir to see if you have a case.