Losing a loved one due to someone else's negligence or wrongful actions is devastating. While no legal action can truly compensate for such a loss, a wrongful death lawsuit can provide financial stability and hold responsible parties accountable. If this has happened to your loved one, you may be understandably distraught and overwhelmed. A wrongful death attorney in Dedham can help you file a wrongful death claim, and support you through the legal process.
At Brooks & Crowley LLP, we have over thirty years of experience as a law firm and dedication fighting for injury victims and their family members that have passed away. A sudden, tragic, and preventable death can upend your life, leaving you to pick up the pieces while you grieve. Our Dedham personal injury lawyer has the utmost compassion and empathy for all of our clients–your pain and suffering matters. Although the prospect of filing a wrongful death claim may seem intimidating, Brooks & Crowley LLP will work with you to answer any questions and strategize the best approach to secure the compensation you deserve.
Understanding Wrongful Death Claims in Massachusetts
A wrongful death occurs when a person dies due to the negligent or willful misconduct of another party. These are civil claims—not criminal cases—designed to provide financial compensation to surviving family members for their loss.
Step-by-Step Process for Filing a Wrongful Death Lawsuit
1. Determine Eligibility to File
Not everyone can file a wrongful death lawsuit. In Massachusetts, only the personal representative (executor) of the deceased's estate can bring the claim. This person is typically:
- Named in the deceased's will
- Appointed by the probate court if no will exists
- Usually a close family member such as a spouse, parent, or adult child
The damages recovered are distributed to eligible beneficiaries, which may include spouses, children, parents, and sometimes other dependents.
2. Understand the Statute of Limitations in Wrongful Death Lawsuits
Time is critical. In Massachusetts, you generally have three years from the date of death to file a wrongful death lawsuit. Missing this deadline typically means losing your right to pursue compensation. However, there may be exceptions, so consulting with a wrongful death attorney in Dedham promptly is essential.
3. Gather Essential Documentation
Building a strong wrongful death case requires comprehensive documentation:
- Death certificate showing the cause of death
- Medical records detailing treatment related to the fatal incident
- Accident reports (police reports, car accident evidence, workplace incident reports, etc.)
- Financial records including the deceased's income, tax returns, and employment information
- Photographs or videos of the incident scene, if available
- Witness statements from anyone who saw the incident or can speak to its circumstances
4. Establish the Elements of Your Wrongful Death Claim
To succeed in a wrongful death lawsuit, you must prove four key elements:
a) Duty of Care: The defendant owed a duty of care to the deceased (e.g., a driver's duty to operate a vehicle safely, a doctor's duty to provide competent medical care, or a property owner's duty to maintain safe premises).
b) Breach of Duty: The defendant breached that duty through negligent or wrongful conduct (e.g., texting while driving, medical malpractice, or failing to repair a dangerous condition).
c) Causation: The defendant's breach directly caused the death. This requires establishing both actual causation (the breach was a factual cause of death) and proximate causation (the death was a foreseeable result of the breach).
d) Damages: The surviving family members suffered measurable losses as a result of the death.
5. Consult with a Dedham Wrongful Death Lawyer
Given the complexity of these cases, working with an experienced Dedham wrongful death lawyer is crucial.
Brooks & Crowley LLP will:
- Evaluate the merits of your case during an initial consultation
- Explain your rights and legal options
- Handle all legal filings and procedural requirements
- Investigate the circumstances of the death
- Identify all potentially liable parties
- Gather and preserve evidence
- Consult with expert witnesses (accident reconstructionists, medical experts, etc)
- Calculate the full value of your damages
- Negotiate with insurance companies and defense attorneys
- Represent you in court if a settlement cannot be reached
6. Investigate Liability
Your wrongful death attorney in Dedham will conduct a thorough investigation to determine who is legally responsible. Potentially liable parties might include:
- Negligent drivers in car accidents
- Medical professionals in malpractice cases
- Employers in workplace accidents
- Product manufacturers in defective product cases
- Property owners in premises liability cases
- Multiple parties in complex cases
7. Calculate Damages
In wrongful death cases, families may seek compensatory damages designed to make them financially whole after their loss. Massachusetts law allows recovery of several types of damages in wrongful death cases:
Economic Damages:
- Funeral and burial expenses: All reasonable costs associated with laying your loved one to rest
- Medical expenses: Bills incurred from the incident until death
- Lost wages and benefits: The income the deceased would have earned throughout their expected working life, including salary increases, bonuses, retirement benefits, and health insurance
- Loss of household services: The value of services the deceased provided, such as childcare, home maintenance, or financial management
Non-Economic Damages:
- Loss of companionship: The emotional support, guidance, and comfort the deceased provided
- Loss of consortium: For spouses, the loss of the marital relationship
- Emotional suffering and grief: The psychological impact of losing a loved one
- Loss of guidance and nurturing: Particularly significant when the deceased was a parent to minor children
Calculating these damages involves considering multiple factors:
- Age: Younger victims typically have longer life expectancies, resulting in greater lost earnings and more years of companionship lost
- Health: The deceased's physical and mental health at the time of death affects calculations of life expectancy and earning capacity
- Earning capacity: Current income, career trajectory, education, and skills that would have influenced future earnings
- Family structure: The number and ages of dependents, the nature of family relationships, and the deceased's role in the family
- Contribution to the community: The deceased's involvement in civic, religious, or charitable activities
- Contributory factors: Whether the deceased's own actions contributed to the incident (which may reduce but not necessarily eliminate recovery)
8. File the Complaint
Your wrongful death lawyer in Dedham will draft and file a legal complaint in the appropriate court, which includes:
- Identification of all parties
- A detailed description of the incident and circumstances
- Legal theories of liability
- The damages being sought
- Demand for compensation
The defendant will be formally served with the complaint and given time to respond.
9. Navigate the Discovery Process
During discovery, both sides exchange information and evidence:
- Interrogatories: Written questions that must be answered under oath
- Requests for production: Demands for relevant documents and physical evidence
- Depositions: Sworn testimony taken before trial where attorneys question witnesses
- Expert witness preparation: Your Dedham wrongful death attorney will work with medical experts, economists, vocational experts, and other specialists who can provide professional opinions supporting your claim
This phase can take several months to over a year, depending on the case's complexity.
10. Engage in Settlement Negotiations
Most wrongful death cases settle before trial. At Brooks & Crowley LLP, our wrongful death lawyer in Dedham will:
- Present a demand package to the defendant or their insurance company
- Negotiate for fair compensation
- Potentially participate in mediation (a formal negotiation process with a neutral third party)
- Advise you on whether settlement offers are reasonable
- Respect your decision on whether to accept a settlement or proceed to trial
11. Proceed to Trial if Necessary
If wrongful death settlement negotiations fail, your case will go to trial:
- Your Dedham wrongful death attorney will present evidence, call witnesses, and make legal arguments
- The defense will present their case
- A jury (or judge in a bench trial) will determine liability and damages
- The entire trial process can take several days to several weeks
12. Collect Your Wrongful Death Compensation
After a settlement or favorable verdict:
- Your attorney will ensure proper distribution of funds to eligible beneficiaries
- Any liens (such as from medical providers or government benefits programs) will be satisfied
- Attorney fees and litigation costs will be deducted per your fee agreement
- The remaining compensation for damages will be distributed according to Massachusetts law, Mass. Gen. Law Ch. 229 § 2
Important Considerations
Emotional Support: Beyond the legal process, consider seeking counseling or joining support groups. The emotional toll of losing a loved one and navigating a wrongful death lawsuit simultaneously can be overwhelming.
Communication: Maintain open communication with your wrongful death attorney in Dedham. Ask questions, express concerns, and stay informed about your case's progress.
Documentation: Keep detailed records of all expenses related to the death and your emotional suffering (therapy bills, journals, etc.).
Patience: These cases take time—often 1-3 years or longer. The legal system moves slowly, but thoroughness often leads to better outcomes.
Multiple Claims: Remember that a wrongful death claim is separate from any criminal prosecution. The defendant may face both civil and criminal consequences, but these are distinct proceedings with different standards of proof.
Why Legal Representation Matters in Cases of Wrongful Death
Wrongful death cases are among the most complex and emotionally challenging areas of law. Insurance companies and defendants often have experienced legal teams working to minimize their liability. Having an experienced wrongful death attorney levels the playing field and ensures:
- Your rights are protected throughout the process
- Evidence is properly preserved and presented
- Damages are accurately calculated to reflect the full extent of your loss
- You can focus on grieving and healing while legal matters are handled professionally
- Your family receives the maximum compensation available under the law
Moving Forward
While no amount of money can replace a loved one, a successful wrongful death lawsuit can provide financial security, hold wrongdoers accountable, and sometimes prevent similar tragedies from happening to others. At Brooks & Crowley, LLP, we understand that legal action is secondary to keeping your family intact and helping you move forward during this incredibly difficult time.
If you've lost a loved one due to someone else's negligence or wrongful conduct, don't hesitate to reach out for a compassionate consultation. Call our office immediately for a free consultation to review your options.