Wrongful Death

If you have lost a loved one due to the fault of another person’s negligence, misconduct, recklessness, or inaction, you may have a wrongful death claim in the State of Massachusetts. A wrongful death can be the result of a car accident, motorcycle accident, medical mistake, or workplace accident, causing a tragic loss to the loved one’s family. Massachusetts Wrongful Death Attorney David Tapalian is an experienced personal injury lawyer well-versed in how the state laws pertain to the very specific statutes of wrongful death. Tapalian Law has helped Massachusetts residents recover monetary compensation after a reckless act caused the devastating death of a beloved family member. Our experienced injury attorneys will provide a free consultation to discuss your legal rights and your eligibility to file a wrongful death claim after a medical mistake or catastrophic accident has taken the life of someone you love.

Nothing can alleviate the pain of losing a loved one to an accidental and unexpected death. Following a grievous loss, the deceased person’s family may be left with significant funeral expenses, burial costs, and medical bills. If the deceased was the primary source of income for the family, the family is left without an income to pay these bills and daily living expenses, resulting in further emotional pain and distress. To lessen the financial burden, Massachusetts wrongful death statutes permit recovery due to willful, wanton, or reckless acts that cause the death of another. A wrongful death lawyer helping Massachusetts residents can assist eligible family members recover compensation for damages related to a wrongful death such as:

• Pain & suffering
• Medical expenses
• Funeral expenses
• Punitive damages
• Reasonable expected net income
• Loss of consortium
  • Loss of companionship
  • Loss of care
  • Loss of comfort
  • Loss of support & advice

Punitive damages, which go beyond compensatory damages, are permissible in Massachusetts wrongful death claims. Punitive damages are typically awarded to “prove a point” in cases where the defendant acted extremely negligent or careless and are generally awarded based upon the economic wealth of the defendant. Courts normally order punitive damages in an amount sufficient to confer punishment upon the defendant. In order to have a successful claim for punitive damages in a wrongful death case, your Massachusetts wrongful death lawyer must be able to prove wanton, reckless and/or criminal conduct. Some actions that can lead to an award of punitive damages include but are not limited to: driving while intoxicated, driving recklessly, drag racing, texting while driving, extreme neglect, and other criminal conduct determined to be the cause of the death of the decedent.

Retain a wrongful death attorney in Massachusetts that is well-versed in the laws of the state and how they apply to a wrongful death claim. Knowledgeable legal representation is significant to your success in the pursuit of fair monetary recovery after a negligent death. A skilled wrongful death lawyer can successfully interpret Massachusetts General Laws Chapter 229 and how they pertain to any actions for death and injuries resulting in death. Laws vary from state to state, and in Massachusetts a wrongful death claim must be made by the administrator or executor of the deceased person’s estate, which your lawyer will assist with establishing. The essential beneficiaries are the surviving spouse and children of the deceased. If the deceased was unmarried at the time, then the next of kin would be the appropriate beneficiary.

As with all personal injury cases in Massachusetts, it is essential to prove causation by retaining an expert that will determine that the defendant’s action(s) were the likely cause of death. In Massachusetts, comparative negligence remains a viable defense for the defendant in personal injury claims which, in simple terms, means that in order to recover damages, the plaintiff must be less responsible than the defendant. If a jury determines the deceased was more at fault for their own death than the defendant, there will be no damages awarded.

According to Massachusetts law, a wrongful death action must be filed within three years from the date of death or within three years from the date when the decedents executor or administrator discovered, or should have reasonably discovered, the facts for the cause of action. It is important to be mindful of the statute of limitations for a wrongful death claim and speak to a competent wrongful death lawyer in Massachusetts in order to preserve the validity of your case. Claims filed after the statute of limitations deadline has passed will typically be dismissed and unheard by a court.

A competent wrongful death attorney in Massachusetts can assist you in the immediate prosecution of your accidental death claim. Attorney David Tapalian realizes that losing a loved one is a devastating and tragic event in any family. Our legal team has the compassion and experience to thoughtfully and effectively preserve and present your legal claim. As a successful wrongful death lawyer in Massachusetts, David Tapalian realizes that preservation of evidence can be one of the most important factors to a successful death or injury claim. Using our vast network of investigators, we can take immediate action to preserve relevant evidence and information as well as speak with witnesses, review medical records, employ accident reconstruction specialists, and obtain any applicable vehicle computer hard drives, known as “black boxes”. Don’t wait to consult a skilled Massachusetts lawyer after the death of a loved one in a tragic drunk driving accident, motorcycle crash, bike accident, or due to a medical professional’s negligence. Call Tapalian Law today for a free consultation at 401-552-5000, or contact us online.