Injury Attorney Compassionately Guiding Brockton Families Losing a loved one unexpectedly is perhaps one of the most horrific, life-changing, and traumatic experiences that can happen. No amount of money can ever make the surviving relatives of someone killed due to another person’s negligence whole again. However, seeking compensation with the assistance of an injury attorney can help lighten the financial burden that results from a fatal accident and a loved one’s absence. Brockton wrongful death lawyer Robert C. Shea has helped many Massachusetts families navigate the legal process, and he is prepared to assist you with seeking justice for the loss of a family member.
Asserting a Wrongful Death Claim in Massachusetts Children, spouses, parents, or siblings may pursue a wrongful death claim following the loss of a loved one’s life in a fatal accident. The claim must be asserted through the deceased relative’s estate and must be brought by the executor or administrator of the estate. In the underlying case, the executor or administrator usually will need to prove that the defendant acted negligently and that the victim lost his or her life as a result of this negligence.
In most ordinary situations, negligence refers to violating the standard of reasonable care that everyone must exercise in their daily lives. This is defined as what an ordinary, prudent person would do in the same circumstances. For example, drivers are expected to obey traffic rules, while property owners and occupiers are expected to address any hazards that arise in areas under their control. The plaintiff must also prove that the defendant was directly responsible for the victim’s death. This also means that the fatal accident was a reasonably foreseeable result of the careless conduct.
Certain categories of compensation are typically sought in a wrongful death action. The executor or administrator may pursue damages on behalf of the surviving relatives for the loss of their loved one’s society, love, and support, as well as damages for the victim’s lost future net income. Funeral and burial expenses are also generally recoverable. In cases involving particularly reckless and willful conduct, the defendant may also be required to pay punitive damages, which are aimed at punishing the defendant and deterring others from engaging in similar behavior.
As with other personal injury cases, wrongful death claims must be filed within a strict statute of limitations. The victim’s family must take legal action no more than three years after the date of the fatal accident to ensure that their case may proceed.
Protect Your Rights by Enlisting a Wrongful Death Lawyer in Brockton or Beyond If you have lost a loved one as a result of another person’s carelessness, we are prepared to help your family and you seek the justice that you deserve. Navigating the judicial system and preparing your claim can be an intimidating task, particularly when you are grieving over the loss of a central person in your life. Brockton wrongful death attorney Robert C. Shea can assist with all of the aspects and stages of your claim, including investigation, evidence gathering, negotiating with insurance companies, and any necessary litigation. He can represent families throughout Plymouth, Norfolk, and Bristol Counties, including in North Easton, South Easton, and Stoughton. You can reach us at 781-844-2042 or contact us online to set up a free consultation with a car accident attorney or seek guidance in another type of personal injury or wrongful death claim.