Life can change in an instant. For those who are the surviving family members of individuals who were killed in accidents, this change can be traumatic, emotional, and confusing. When you are coping with the recent death of your loved one, attempting to handle everything on your own is overwhelming, and may leave you completely deflated and exhausted. At The Law Offices of Alan, Hildreth, King & Associates, our Revere wrongful death and personal injury lawyers understand the pain and frustration you are experiencing, and are here to provide you with competent legal support you can count on.
Why You Should File a Wrongful Death Claim
When you are grieving after the loss of a loved one, taking legal action is probably the furthest thing from your mind. We know that nothing can give you back what you have lost, but filing a wrongful death claim can provide you with the financial support you need moving into the future. By filing a wrongful death claim, you may be able to recover compensation for:
- The value of your loved one’s lost wages and loss of earning capacity and benefits;
- Any medical expenses incurred prior to your loved one’s death related to the accident;
- The value of the care, guidance, consortium, companionship, and services that your loved one would have provided but for death; and
- The costs of any funeral and burial expenses.
If the death was caused by malice, reckless, or willful conduct, punitive damages are also recoverable.
What You Need to Prove in a Wrongful Death Claim
A wrongful death claim is a type of civil lawsuit that seeks to hold a defendant liable for damages. In order to hold the defendant – or the person responsible for your loved one’s death – liable and receive a settlement, you will need to prove that:
- The defendant committed an act of negligence/breached the duty of care owed to the deceased;
- The breach of the duty of care was the direct cause of your loved one’s death; and
- You have suffered actual damages/losses as a direct result.
Rules For Filing a Wrongful Death Claim
There are a number of rules set forth by the state of Massachusetts for filing a wrongful death claim. First, only the personal representative of the deceased or executor of the deceased’s estate may file the claim. Second, a wrongful death claim must be brought forth within three years from the date of your loved one’s death. Waiting longer than three years to file a claim could result in a denial of benefits.
Contact Our Revere Wrongful Death Lawyers Today
We believe in supporting families who have lost those dearest to them. If your loved one would still be here but for another party’s negligence, we can help. The first step is contacting our Revere wrongful death lawyers and scheduling your free consultation. From there, we will get to work building your case and advocating for you.