Losing a loved one could be a heartbreaking and stressful time for you and your family. Although no amount of financial restitution could make up for the untimely death of a family member, compensation may be obtained as a means to cover funeral expenses and any outstanding medical bills.
If you have lost a family member due to the negligence of another person, speak with a compassionate personal injury attorney today. A Framingham wrongful death lawyer could walk you through the process of filing an injury claim and take on most of the legal responsibility. For more information, schedule a consultation today. En Español.
When an individual causes the death of another person by purposeful or reckless activity, a wrongful death claim may be levied. The survivors of the deceased are allowed to file a claim on behalf of the deceased individual. A plaintiff must be able to prove that the deceased person suffered an untimely death result of the negligence, recklessness, or error of the defendant. In some cases, a medical professional may be required to demonstrate the causal link between the injuries and the death of the subject of the lawsuit.
Statewide, claimants in Massachusetts would have difficult seeking punitive damages in almost all personal injury claims. The state effectively barred punitive claims in all cases, except for wrongful death lawsuits.
Punitive damages are sometimes called exemplary damages. These are invoked by plaintiffs in order to punish the defendant for unacceptable behavior, not necessarily to recover losses on the part of the defendant.
Per Massachusetts General Laws Chapter 229 § 2, individuals seeking punitive damages for the death of their loved one must claim $5,000 or more. Additionally, they must be able to prove that the defendant acted intentionally or grossly negligent during the incident that precipitated the untimely death. Speak with a wrongful death lawyer in Framingham to learn more.
Like other types of personal injury lawsuits, wrongful death claims have a statute of limitations of three years. Essentially, claimants must file a formal motion for civil remedy within three days of the death of their loved one.
M.G.L. Section 260 § 2A is strict on this point. Claimants have no exceptions for extensions written into the state code. For this reason, it is essential that interested parties speak to a Framingham wrongful death lawyer as soon as possible to begin the process of evidence discovery.
An accomplished lawyer would not only provide plaintiffs with prudent legal advice, but they can also minimize the amount of work required on the part of the plaintiff. In the weeks and months after losing a loved one, this support can be invaluable.
When the negligence of another person results in the untimely death of a loved one, it is crucial to investigate all options to hold the at-fault party responsible for their actions.
Although nothing can make up for the loss of a family member, the financial restitution your family could be rewarded for following a wrongful death suit may make funeral expenses and medical costs easier to deal with. For more information on your next legal steps, contact a Framingham wrongful death lawyer today.