Revere Wrongful Death Lawyer
Unfortunately, some accidents can be so severe that they have fatal consequences for those involved. Although nothing can ever truly fill the void after losing a close family member or friend, there may be compensation available to make up for some of the financial and emotional suffering you have endured as a result of your loss.
During these difficult times, a Revere wrongful death lawyer could work with you and your families to hold those at fault accountable. During a private consultation, a skilled personal injury attorney could discuss your options with you and help you determine your best move.
Defining Wrongful Death
Wrongful death actions are a type of personal injury claim. The only substantial way these two categories of cases differ is that one results in injury while the other results ultimately in a fatality.
To establish a wrongful death claim under state law in Revere, the plaintiff must generally be able to establish that the death occurred due to a person or entity’s negligence, wanton or reckless act, or breach of warranty. Plaintiffs and their Revere wrongful death lawyers may initiate wrongful death actions against individuals or companies.
Although there may be criminal allegations related to actions or inactions that result in wrongful death, those would be pursued in a separate criminal action. Both criminal and civil cases arising from the same death can be filed simultaneously, and the outcome of one case does not necessarily affect the outcome of the other.
Wrongful Death Damages
After successfully proving a wrongful death case in civil court, the plaintiff and their family may receive compensation for the following types of monetary damages as a court-ordered award:
- Reasonable funeral and burial expenses
- Loss of guidance, counsel, protection, care and assistance
- Loss of companionship
- Medical bills
- Loss of expected income
- Punitive damages in limited cases
The purpose of most wrongful death damages is to make up for the harm that the premature death of a loved one caused. Punitive damages are an exception to this rule, as they are imposed to punish the party at fault. However, courts only award these damages in extreme cases of gross negligence or if they determine the defendant displayed willful, wanton, or reckless conduct.
Any damages recovered in a wrongful death case are paid to and distributed through the decedent’s estate. A wrongful death lawyer in Revere could work with individual family members of a deceased individual and determine what their damages are and how much they may be able to recover for them.
Filing a Wrongful Death Claim
Since the victim in a wrongful death claim is unable to bring a claim themselves, the law designates certain individuals who may file such a claim on their behalf. Wrongful death claims in Revere are typically filed by the personal representative—sometimes referred to as the executor—of the decedent’s estate.
Individuals usually nominate a personal representative in their last will and testament. If no personal representative has been appointed, a close family member such as a surviving spouse would have priority for appointment to this role.
How a Revere Wrongful Death Attorney Can Assist You
In accordance with the statute of limitations for wrongful death actions, a timely claim must be filed within three years from the date of death. However, if you are faced with a tremendous loss, a lawsuit may understandably be the last thing on your mind.
When you are ready, a Revere wrongful death lawyer could help you work through the administrative and legal aspects of a wrongful death case to ease your financial burdens during this emotional time period. Schedule an initial consultation with a compassionate attorney to get started on your case.