Wrongful Death Category Archives — Lowell Personal Injury Lawyer Blog Published by Lowell, Massachusetts Personal Injury Lawyers

The death of a loved one is a truly traumatic experience, especially if that death was sudden and unexpected . The sudden loss of a loved one leaves families with emotional burdens and oftentimes financial ones. So what happens when the death of a loved one is the result of someone else’s accident? This is known in the legal world as a “wrongful death” and you may be entitled to compensation. In Massachusetts, in the event of a wrongful death, the family of a loved one “steps into their shoes” and collects compensation on behalf of the deceased. Those who have lost a loved one due to wrongful death may be eligible to receive compensation for medical costs, funeral costs, loss of income, and other expenses.

Massachusetts law states that a person or company may be liable for wrongful death if that death was caused by: 1) negligence (failing to exercise reasonable care); 2) a “wanton or reckless act,” or 3) a breach of warranty. In all three cases, a wrongful death claim may be filed if the deceased person could have filed a personal injury lawsuit based on the same incident, had he or she survived.

What this means, functionally, is that a wrongful death claim is similar to a standard personal injury claim. In both cases, the action or inaction of one party is the cause of the injury or death of another. Obviously, in a wrongful death case, the injured person is unable to sue the liable party. Rather, another party must bring the claim on behalf of the deceased person.

According to the National Highway Traffic Safety Administration, distracted driving claimed 3,477 lives in 2015 (the most recent year with available statistics). That’s over three thousand people a year who are taken from their families because someone didn’t want to pay attention behind the wheel.

These tragedies leave behind families that struggle emotionally and financially. These families lose their mothers, fathers, children, and spouses. Gone is the ability to lean on them in times of struggle or share in the joys of life’s achievements. And what that’s replaced with is medical bills and funeral expenses. This can be especially burdensome if the victim was the primary earner of the family.

When a loved one’s life has been taken, it’s important to pick the right law firm that has the experience necessary to guide you through the complicated process. At Marcotte Law Firm, we have handled many cases for families in these unfortunate situations. In a family’s darkest moments, we take pride in being able to help put the pieces together.