Losing a loved one unexpectedly to a tragic and preventable accident can be devastating. Losing that person to the negligence of someone else only adds to the feelings of pain, frustration, and loss that accompany such a death. If your loved one died as a result of someone else's negligence in Massachusetts, you may be entitled to file a Massachusetts wrongful death lawsuit against the person(s) responsible.
The term "wrongful death" is used to describe a legal claim against a person or entity liable (responsible) for the death of someone else. This can apply to a drunk driver that caused a fatal car accident, a doctor or medical staff member that failed to exercise "due care" during a medical procedure, a pharmaceutical company that failed to warn its patients about deadly side effects, or the manufacturer of an unsafe toy that resulted in the death of a child.
Massachusetts Wrongful Death Lawsuits vs. Criminal Charges
Unlike criminal cases which must prove beyond a reasonable doubt that the defendant committed a crime, Massachusetts wrongful death lawsuits are civil cases which rely on the "preponderance of evidence", which means your Massachusetts wrongful death lawyer can win your civil case by proving the death was more than likely a result of the defendant's actions than not.
This is a lower burden of proof than that required by the criminal justice system, therefore a negligent party may be found "not guilty" in a criminal trial, but determined liable for their actions in a civil case.
While a lawsuit won't bring back your loved one, it can help hold the negligent parties responsible for their actions and give you and your family the monetary compensation for the financial burdens you may be facing following the loss of your loved one.
The Massachusetts Wrongful Death Statute allows the family members of the deceased victim to receive compensation to help pay for outstanding medical bills, funeral expenses, loss of future income from the deceased, as well as damages for pain and suffering, loss of companionship, and emotional non-economic factors.
If you are considering filing a Massachusetts wrongful death lawsuit, it is important to retain an experienced Massachusetts wrongful death lawyer who has successfully handled cases similar to yours. While you are interviewing wrongful death lawyers, do not be afraid to ask important questions such as: how many wrongful death cases have you handled in Massachusetts; of these cases, how many have you won; and, what is the biggest settlement or verdict you have obtained for your clients in similar situations?
Reputable personal injury law firms in Massachusetts will offer the victims of catastrophic accidents a free legal consultation. This offer is often extended to the family members of deceased victims looking to file a wrongful death lawsuit for the untimely passing of their loved one. In addition to a free evaluation of your accident case, many personal injury lawyers in Massachusetts will work on a contingent basis meaning, there are no legal fees unless they win your case.
In delicate legal situations like these, you need a Massachusetts attorney who will work tirelessly to balance your concerns with the rigorous demands of the legal system.
Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the "Million Dollar Man" in a featured article by the Boston Herald Sunday Magazine in it's "Personal Best Series." This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies. To learn more please visit his firm's website at http://www.TomKileyLaw.com.
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