Accidents resulting in the untimely death of another are often difficult to tackle due to the sensitive nature of the case. Not only are the injuries suffered by the victim truly terrible, but the victim is no longer legally able to hold the negligent party who caused them accountable. Luckily, the law allows other people to file a wrongful death claim on their behalf.
A Medford wrongful death lawyer can see this type of claim through to its completion. People who have lost loved ones due to someone else’s negligence should seriously consider hiring a compassionate attorney to advocate on their behalf and on behalf of the victim who cannot pursue their own interests, anymore.
When an accident has led to someone’s demise in Medford, the wrongful death statute can apply to the situation to allow others to stand in for the victim and enforce their rights in court. Found at Massachusetts General Law Chapter 229 § 2, Medford’s wrongful death law allows the executor of the deceased victim’s estate to pursue the victim’s rights to compensation as if the victim were alive. For more information, consult with a knowledgeable lawyer.
While regular personal injury cases focus on compensating the victims for their losses, wrongful death cases focus on compensating the victim’s family. Instead of being able to recover compensation for damages like the victim’s medical expenses and their pain and suffering, wrongful death claims focus on the losses that felt by those closest to them. This includes compensation for:
In some of the most extreme cases, those that involve an accident that was the result not of negligence but reckless or even more dangerous conduct – wrongful death claims can recover punitive damages. These punitive damages are no longer meant to compensate the victim’s family, they are designed to punish the culpable party for their poor actions or decisions. A wrongful death lawyer in Medford can explore this possibility for victims seeking compensation for their injuries.
If successful, the compensation that a wrongful death claim brings would go straight to the decedent’s estate. From there, it gets distributed according to the victim’s will, if they had one, or according to the laws of intestacy, if they did not have a will.
Just like with other kinds of personal injury claims for compensation after an accident, wrongful death claims need to be filed within three years of the incident that led to the fatality. However, there may be exceptions to this rule that can extend the window to initiate a claim for compensation. Talking with a Medford wrongful death lawyer can help determine whether one of these exceptions apply to a case.
If your loved one has been killed at the hands of someone else’s negligence or reckless conduct, they would not be able to invoke their rights to compensation. Instead, it falls to the executor of their estate and their loved ones to hold the wrongdoer accountable. By calling a Medford wrongful death lawyer and scheduling a consultation, you can initiate this process. Schedule a consultation today.