Quincy Wrongful Death Attorney
Dedicated to Serving Throughout Massachusetts, including Weymouth and Hingham
When an individual's life is ended by the negligent acts of another where this individual would otherwise be alive, the victim is said to have been the victim of wrongful death. These accidents can occur in many different ways, from car accidents, work accidents, medical malpractice and many other ways.
If your loved one has been involved in an accident where they were killed by the negligent acts of another, then you may be entitled to collect money damages for the loss you have suffered.
We can provide you with a Quincy wrongful death lawyer that will fight for your rights, your goals and your desires regarding the outcome of your case. While nothing can replace the loss of a loved one, there are money damages available to some individuals to help compensate for the loss that you have sustained.
Reach out now to speak with a compassionate wrongful death attorney in Quincy. Call (781) 332-4344 or contact us online to schedule your free consultation!
Legal Framework for Wrongful Death Claims
In Massachusetts, wrongful death claims are based on principles similar to personal injury cases. To establish a wrongful death claim, certain elements must be demonstrated:
- Duty of Care: The defendant had a legal obligation to act in a manner that would avoid harming others.
- Breach of Duty: The defendant failed to fulfill this duty through negligent or wrongful actions.
- Causation: The defendant's actions directly led to the death of the victim.
- Damages: Surviving family members suffered measurable losses as a result of the death.
Who Can File a Wrongful Death Claim?
In Massachusetts, only the personal representative of the deceased’s estate can file a wrongful death claim. This person is typically appointed through the probate court and may be a family member, such as a spouse or child.
The claim seeks to recover damages on behalf of the deceased's beneficiaries, addressing financial losses and emotional suffering caused by the death.
Types of Damages in Wrongful Death Claims
In wrongful death claims, various types of damages can be sought to compensate the surviving family members for their losses. These damages generally fall into two categories: economic and non-economic damages.
Economic Damages
Economic damages are tangible losses that can be quantified in monetary terms. They typically include:
- Lost Income and Benefits: This includes the deceased’s lost wages, benefits, and any potential future earnings that the family relied upon.
- Medical Expenses: Any medical costs incurred before the deceased passed away due to the incident can be claimed. This includes hospital bills, treatment costs, and any other related medical expenses.
- Funeral and Burial Costs: Families can recover expenses associated with funeral services, burial, and other end-of-life costs. This can include casket expenses, cremation fees, and any memorial service costs.
- Loss of Inheritance: If the deceased would have contributed financially to the family’s future, the claim could include the value of lost inheritance.
Non-Economic Damages
Non-economic damages are more subjective and encompass the emotional and psychological impact of the loss. These may include:
- Pain and Suffering: This refers to the emotional anguish experienced by the surviving family members due to the loss. It acknowledges the deep sorrow and mental distress resulting from the death.
- Loss of Companionship: Surviving family members may claim damages for the loss of companionship, love, and emotional support that the deceased provided.
- Loss of Parental Guidance: For families with children, the loss of a parent can significantly impact a child's life. Damages may be sought for the loss of guidance and nurturing that the parent would have provided.
- Emotional Distress: This can cover the psychological impact of the death, including anxiety, depression, and other mental health issues that may arise from the loss.
Punitive Damages
In certain cases where the defendant’s conduct was particularly egregious or reckless, punitive damages may also be awarded. These damages are designed to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are less common and typically require a high burden of proof.
Our Quincy wrongful death attorneys can help you filling the claim and fighting for the compensation you deserve. Call (781) 332-4344 or reach out online today!
The Wrongful Death Claim Process in Massachusetts
At Flanagan & Associates, we believe that understanding the legal process is crucial for seeking justice and closure. Our dedicated team is here to guide you through each step, ensuring you feel supported and informed.
Here's what you can expect when pursuing a wrongful death claim:
- Initial Consultation: We offer a free, no-obligation consultation to discuss your case and evaluate your options.
- Investigation: Our experienced wrongful death lawyers will conduct a thorough investigation to gather evidence, including medical records, witness statements, and expert opinions.
- Filing the Claim: We will handle all paperwork and filings, ensuring that your claim is submitted accurately and on time.
- Negotiation: Our team will negotiate with insurance companies on your behalf to secure a fair settlement that reflects the true value of your loss.
- Trial Representation: If a fair settlement cannot be reached, we are prepared to take your case to trial, advocating fiercely for your rights and interests.
- Resolution: If the court rules in your favor, damages will be awarded, providing financial relief to the grieving family.
Choosing Flanagan & Associates means you’re not just hiring a law firm; you’re gaining a compassionate partner dedicated to achieving justice for your loved one. Let us help you navigate this challenging time with expertise and empathy.
Statute of Limitations for Wrongful Death Claims in Massachusetts
In Massachusetts, the statute of limitations for filing a wrongful death claim is generally three years from the date of death. Taking prompt action is essential, as failing to file within this time frame can result in losing the right to seek compensation. Consulting with a wrongful death attorney as soon as possible can help ensure that your claim is filed timely and effectively.
Seeking Justice for Wrongful Death in Quincy and South Shore
Our firm has been serving the injured victims of Massachusetts including Quincy, Weymouth, Hingham, Plymouth, Braintree, and the entire South Shore area for many years with a long history of success in the cases that we handle and we have successfully represented numerous individuals in the past.
We have also assisted numerous individuals who had lost a loved one in a wrongful death case to obtain money damages for their loss. If you are seeking damages for your loss then a Quincy personal injury lawyer from Flanagan & Associates may be able to help.
Need legal assistance? Contact Flanagan & Associates or call at (781) 332-4344 for support with your wrongful death claim in Massachusetts.
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Client Reviews
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Attorney Flanagan is one of the hardest working guys you will meet. Dave cares about every client and will cut no corners to get you what you deserve!- Richard
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Attorney Flanagan and his staff have a wealth of knowledge to represent both criminal and civil matters. They are trustworthy and will keep your best interests in mind at all times.- Kevin
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Dave and his team are the best. When it comes to people you want in your corner during the hardest times, they are exactly that.- Joe
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I felt like I was their number one priority. I hope to never have to go through anything like that again but if I did they would most definitely be my first choice to work with.- Tara
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Attorney Flanagan is a well spoken, experienced, and a confident litigator who will leave no stone unturned before resolving your case.- Kevin
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Attorney Flanagan provides excellent services and is a very hardworking man. He is great to work with and demonstrates top notch professionalism. Best in the business!- Luke
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Attorney Dave Flanagan and his team possess the expertise that enables them to handle the majority of legal affairs with relative ease. They’ve handled several legal matters for me over the years and I was extremely satisfied with the results. If warranted, I wouldn’t hesitate to use them again, they’ve consistently been a pleasure to work with and I would highly recommend them for any personal injury, civil or criminal matter.- Ed
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Attorney Dave Flanagan is the best attorney I’ve ever dealt with. I recommend Dave and his staff to anyone who is looking for an attorney they can count on. His attention to detail is second to none. If you need an attorney, don’t hesitate, call Attorney Dave Flanagan.- Mark