In most personal injury claims, the injured party can sue the responsible party for damages. Sometimes, however, the injured person passes away and cannot bring their own claim in court. In these instances, a wrongful death claim can be brought on behalf of the person whose death resulted from the negligence of another party.
If your loved one has died as a result of an accident caused by someone else, contacting a Dorchester wrongful death lawyer could be the best way to address your family’s financial needs and pursue the compensation you deserve. Call a compassionate attorney today to schedule a consultation. En Español.
In wrongful death claims, a person can seek economic and non-economic damages depending on the circumstances. Economic damages are those that have a clear, relatively objective price tag attached to them, such as funeral expenses, medical bills prior to the decedent’s death, and lost wages—both current and potential—as a result of a working family member dying.
Non-economic damages do not have a set value readily attached to them and must be negotiated. These are more subjective issues, such as the loss of partnership, pain and suffering, and mental anguish. Additionally, the court may assign extra compensation, known as punitive damages to the responsible party as a way of punishing them for egregious actions.
A wrongful death lawyer in Dorchester may be able to bring in expert witnesses to testify for higher non-economic damages and could argue for punitive damages in certain cases.
A wrongful death claim may only be brought by a family member of the person who died. If they decide to bring such a claim, they must show that their loved one’s death was a direct result of the actions of the defendant in the suit.
This means that if, for instance, someone was injured in a car accident and later died from unrelated causes, their family would not have a wrongful death claim against the party responsible for the wreck. They could only have a valid wrongful death claim if their relative died from the accident itself or from the injuries that occurred as a result of the accident.
The statute of limitations for wrongful death claims in Dorchester, Massachusetts is three years, meaning that family members who wish to file such a claim must do so within three years of the death. Failing to file a claim within this window of time could mean that the family loses the legal right to recover compensation for the damages they have suffered, therefore, it is important to keep this deadline in mind when planning and filing a wrongful death suit in Dorchester.
If your loved one died due to the actions of another person, you may want to file a wrongful death claim to recover from the financial damages your family likely suffered. Contact a compassionate and experienced Dorchester wrongful death lawyer as soon as you are ready, so that they could begin working on your claim.