Brockton Wrongful Death Lawyer
If your loved one died and someone else was to blame, you may have the option to pursue justice through financial compensation by filing a wrongful death lawsuit. To explore your options, consult with a Brockton wrongful death lawyer.
Any death is cause for grief and mourning, but when a death is caused by someone else’s actions, the situation can feel so much worse. In addition to the emotional pain, the family will have to contend with funeral expenses, the lost income the deceased provided, and the lasting impact the person’s absence will have on their lives.
If this is the situation that you find yourself in and your loved one’s death was the fault of another person or entity, then your family has experienced what is known as a wrongful death scenario. Similar to a personal injury lawsuit, you can file for wrongful death and hold the responsible party accountable for the hardship they’ve caused you.
However, identifying the damages you could receive, correctly assessing their value, and proving the fault of the negligent or malicious parties are not simple matters. Fortunately, a Brockton wrongful death lawyer can help you with these issues, allowing your family to work through their grief in peace.
Who Can Sue for Wrongful Death in Massachusetts?
The first step in any wrongful death case is determining if you are eligible to file. In Massachusetts, the only person allowed to bring a wrongful death case is the executor of the deceased’s estate.
In effect, the executor is expected to act as the family’s representative, and any financial compensation awarded will be left to the executor to distribute. A Brockton wrongful death lawyer from our office can help you with this process, making it go much smoother.
Compensation for a Wrongful Death
Just as the people who are eligible to file are limited, so are the types of damages that can be pursued. In Massachusetts, you could eligible to receive any of the following that apply to your case:
- Funeral and burial expenses
- The future income the deceased would have brought your family, up until retirement age
- Compensation for lost companionship, guidance, and counsel
- Punitive damages
In the case of punitive damages, these will only be awarded if your family member’s death was caused through malice, egregious recklessness, or gross negligence. This is because they are intended as punishment to the responsible party rather than as traditional compensation.
It’s not easy to know which of these your lawsuit may be eligible for or what they could be worth, but a Brockton wrongful death lawyer can ensure that your settlement takes everything into consideration for its full value.
Massachusetts Wrongful Death Statute of Limitations
You don’t have an unlimited amount of time in which to bring your case, so it’s important to act quickly. Massachusetts allows three years in which to file a wrongful death lawsuit. If you wait longer than that, the other party could move to have your case thrown out of court, and the request would be likely to be granted.
Furthermore, the evidence and witness accounts needed to prove fault and demonstrate why your family deserves compensation will be easier to collect soon after the accident that caused the wrongful death. This applies whether the deceased passed in a car accident, through medical malpractice, or any other situation.
Your Brockton wrongful death lawyer can ensure that everything is filed in time and that your case is as strong as possible, but giving yourself as much time as possible will be to your advantage, and also provide more time for out-of-court negotiations, making it possible to reach a settlement and avoid a trial in court.
Contact an Experienced Brockton Wrongful Death Lawyer
When someone else’s negligence or malicious conduct causes a death, that person or entity needs to be held accountable. Whether criminal charges can be pressed or not, your family deserves financial compensation for the loss you’ve suffered and the jeopardy that your future’s been placed in. A criminal conviction won’t help your family in this way, but a successful wrongful death lawsuit can.
However, you need to make certain that any settlement you accept is the maximum compensation that you could possibly receive. Your family’s standard of living needs to be preserved, and you need to get justice through financial compensation.
At Joel H. Schwartz, PC, we have over fifty years’ worth of experience helping families in these situations. For a free consultation to discuss your case with a Brockton wrongful death lawyer, call us at 1-800-660-2270 or reach us through the contact form on this page.