Lowell Wrongful Death Attorney
No family should have to go through the tragedy of wrongful death. Losing someone you love is devastating on many levels. You might have lost the breadwinner in your family, leading to financial strife and worry over how you will pay the bills. More importantly, you may have lost someone who meant the world to you, leaving you feeling broken and lost.
At Merrimack Valley Injury Lawyers, our wrongful death attorneys in Lowell care about bereft families. If you wish to talk to someone about the recent passing of your loved one in any type of accident in Lowell, contact us to request a free consultation. One of our lead Lowell wrongful death attorneys will sit down with you, ask about your loved one’s death and give you legal advice. Call today.
What Is Wrongful Death?
Wrongful death is a type of tort claim for a fatal injury. Each state has a slightly different definition of wrongful death. In Massachusetts, someone may be guilty of the tort of wrongful death if that person caused the death of someone else by being negligent, failing to exercise a reasonable degree of care, behaving recklessly, having a wanton disregard for the safety of others or breaching a warranty. Wrongful death can occur as an outcome of a motor vehicle accident, premises liability accident, dog attack, workplace accident, construction accident or medical malpractice.
What Are Your Rights as a Surviving Loved One in Massachusetts?
In Massachusetts, state law says that a plaintiff may only file a wrongful death claim if the deceased person would have had grounds to file a personal injury case based on the facts of the incident had he or she survived. Both types of cases rely on the legal doctrine of negligence. You or your attorney will have the duty to prove that the defendant’s negligence, recklessness or fault caused your loved one’s death. In general, this requires proof of four main elements.
- Duty of care owed.
- Breach of the duty of care.
- Direct cause of your loved one’s fatal injury.
- Damages suffered by the estate or family as a result of the death.
In Massachusetts, only the executor or administrator of the deceased person’s estate may file a wrongful death claim in the civil courts. The deceased person’s will may name an executor of the estate, or else the probate courts will appoint one. Any damages recovered in the wrongful death claim will go to the deceased person’s estate. Here, it will first pay off the decedent’s debts. Then, the remainder will be divided among beneficiaries accordingly.
Do You Need a Lowell Wrongful Death Attorney?
You have already been through enough as the spouse, parent, child or relative of a wrongfully killed person. At Merrimack Valley Injury Lawyers, we do not believe you should also have to struggle through the legal process. Our wrongful death lawyers can represent you during an insurance claim or wrongful death trial in Lowell. Hiring our attorneys can mean taking the time to grieve your loved one. Your injury lawyer will have experience in wrongful death law and know how to litigate these cases. From filing your lawsuit by the Commonwealth’s deadline to representing you before a judge and jury, your wrongful death lawyer can take care of many tasks on your behalf.
Request a Free Consultation in Lowell Today
If you suspect someone else could have prevented your loved one’s death but negligently failed to do so, you could have grounds for a wrongful death claim in Lowell. It is important to speak to an attorney as soon as possible in this situation. The wrongful death attorneys at Merrimack Valley Injury Lawyers can review the key elements of your case at no cost or obligation. We want you and your family to understand your rights and feel heard during this difficult time. Find out if you have grounds for a case today. Call or contact us online 24/7.