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FAQs About Wrongful Death Claims
Lawyers Representing Parties in Wrongful Death Claims in Cape Cod and Plymouth
Many people enjoy living and vacationing on Cape Cod due to its idyllic setting. Unfortunately, even though Cape Cod is generally a peaceful place, it is not free from tragic accidents that cause devastating injuries, some of which are fatal. In most cases, deadly incidents arise out of negligent behavior, and people who lose a loved one due to another party’s recklessness may be able to seek justice via wrongful death claims. If you lost a loved one in an accident, you should contact a lawyer to discuss your case.
At the Law Offices of John C. Manoog, III, our seasoned Cape Cod wrongful death lawyers are adept at proving that parties that cause deadly harm should be held accountable, and if you engage our services, we will advocate tirelessly on your behalf. Our lawyers have over one hundred and fifty years of joint experience representing people in wrongful death claims, and our skilled advocacy has helped us to recover several multi-million dollar verdicts and settlements for our clients. To assist people dealing with the unexpected loss of a loved one, we have compiled frequently asked questions about wrongful death claims as well as responses.
Frequently Asked Questions About Wrongful Death Claims
What Is a Wrongful Death Claim in Massachusetts?
A wrongful death claim in Massachusetts is a legal action brought by a deceased person’s estate against those responsible for their death. It seeks to hold the at-fault party accountable for their actions that caused the death and seeks compensation for the losses and damages suffered by the surviving family members as a result.
Who Can Pursue a Wrongful Death Claim in Massachusetts?
In Massachusetts, only the executor or administrator of the deceased person’s estate can pursue a wrongful death claim. Any surviving beneficiaries, however, such as the deceased individual’s spouse, children, or parents, have the right to receive the compensation awarded in the claim.
What Damages Can I Seek in a Wrongful Death Claim?
You can seek damages for both economic and non-economic losses in a Massachusetts wrongful death claim. Economic damages may include medical expenses, funeral, and burial costs, lost income, and the value of services the deceased would have provided. Non-economic damages encompass loss of companionship, guidance, and emotional support and the pain and suffering experienced by the surviving family members due to the loss of their loved one.
What Is the Deadline for Filing a Wrongful Death Claim in Massachusetts?
In Massachusetts, the statute of limitations for filing a wrongful death claim is usually three years from the date the deceased person died. There may be exceptions to this general rule, though, depending on the circumstances of the case. It is crucial to consult with an attorney promptly to ensure compliance with all deadlines and preserve your right to seek compensation.
How Is Liability Determined in a Wrongful Death Claim?
To establish liability in a wrongful death claim, the party pursuing the lawsuit must prove that another party’s negligence, recklessness, or intentional misconduct caused the death. This requires proof that the at-fault party owed a duty of care to the deceased, breached that duty, and that the breach was a direct cause of the death. Evidence, witness testimony, expert opinions, and accident reconstruction may be used to establish liability.
Can Punitive Damages Be Awarded in a Wrongful Death Claim in Massachusetts?
Under certain circumstances, punitive damages may be awarded in a wrongful death claim in Massachusetts. Punitive damages are intended to punish the at-fault party for their egregious conduct and to deter others from engaging in similar behavior. Massachusetts law sets a high standard for awarding punitive damages, though requiring clear and convincing evidence of the defendant’s willful, wanton, or reckless conduct.
Speak to a Capable Attorney in Cape Cod or Plymouth
Many people enjoy living and spending time on Cape Cod, but carelessness can bring about accidents that cause an otherwise ordinary day to turn fatal. If you lost a loved one in an accident, you may be owed damages, and it is in your best interest to speak to an attorney about your options. The capable Cape Cod lawyers of The Law Offices of John C. Manoog, III, can answer frequently asked questions about wrongful death claims and assist you in pursuing the full amount of damages recoverable under the law. We frequently represent people in wrongful death lawsuits on Cape Cod, and we can meet for consultations with clients in Plymouth and Hyannis as well. You can reach us at 888-262-6664 or through our online form to set up a conference.
