No amount of money replaces your loved one. But accountability and justice matter.
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Losing a family member to someone else's negligence is devastating. While nothing can undo your loss, a wrongful death claim can hold the responsible parties accountable and provide your family with the financial security you need to move forward. At Altman Nussbaum Shunnarah Trial Attorneys, we handle wrongful death cases with the compassion your family deserves and the aggressive representation needed to achieve justice.
Under Massachusetts General Laws Chapter 229, Section 2, a wrongful death claim can be brought when a person dies due to the negligence, fault, or reckless conduct of another party. The personal representative (executor) of the deceased person's estate files the lawsuit on behalf of the surviving family members. Massachusetts wrongful death law allows recovery for the loss of reasonably expected net income, loss of companionship and guidance, funeral and burial expenses, and the conscious pain and suffering the deceased experienced before death. Importantly, Massachusetts also allows for punitive damages in cases involving gross negligence or willful misconduct.
Wrongful death cases arise from many types of incidents, including fatal car, truck, and motorcycle accidents, medical malpractice and surgical errors, workplace accidents and construction site injuries, defective products, premises liability incidents, and nursing home abuse and neglect. Each type of wrongful death case requires a different legal strategy and different types of evidence. Our attorneys have experience handling all of these case types and know how to identify all potentially liable parties to maximize your family's recovery.
In Massachusetts, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. However, damages are recovered for the benefit of the surviving spouse, children, parents, and other dependents. If you have lost a loved one and believe their death was caused by negligence, contact our office immediately. We can help you navigate the legal process, including appointment of a personal representative if one has not yet been designated.
Massachusetts imposes a three-year statute of limitations on wrongful death claims, starting from the date of death. However, certain circumstances can affect this timeline, including cases involving government entities (which may have shorter notice requirements) and cases where the cause of death was not immediately apparent. It is critical to speak with an attorney as soon as possible to preserve your rights and ensure that key evidence is not lost.
The value depends on many factors including the deceased's age, earning capacity, the nature of the relationship with surviving family members, and the circumstances of the death. Massachusetts allows punitive damages in cases of gross negligence, which can significantly increase the recovery.
Yes, as long as the deceased was not more than 50% at fault under Massachusetts comparative negligence law. The recovery would be reduced by the deceased's percentage of fault.
These cases are complex and can take one to three years or longer to resolve. We handle every detail so your family can focus on healing while we fight for justice.
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CALL (866) 409-5218 NOW