No one should ever receive the news that there’s been a wrongful death in the family. Wrongful death by its nature means that the fatal injury or illness never should have happened – and likely would not have happened were it not for the careless or wrongful acts of another person. If you recently lost a loved one due to a tort (wrongdoing) such as medical malpractice, our wrongful death lawyers in Boston can help you discover your rights.
Barry D. Lang, M.D. & Associates is a trusted plaintiff’s injury law firm with all of the tools, resources and personnel you need for a strong wrongful death case. Contact us today to find out how we can help you and your family during this difficult time.
Why Choose Us?
- We offer fast and effective wrongful death case reviews. We have nurses and doctors on staff for efficient reviews without having to wait for outside experts for analysis.
- Our law firm exclusively focuses on medical malpractice, personal injury and workers’ compensation cases. This gives us in-depth knowledge of these laws and how to navigate them.
- Our wrongful death lawyers in Boston don’t charge anything unless the client successfully recovers financial compensation for the loss of a loved one.
What Is Wrongful Death?
The definition of wrongful death varies from state to state. According to Massachusetts General Laws Chapter 229, Section 2, wrongful death is the loss of a life caused by someone else’s negligence; willful, wanton or reckless acts; or a breach of warranty. In general, if the deceased individual (known as the decedent) could have recovered financial compensation for personal injuries had death not resulted, surviving family members will have grounds for a wrongful death case.
Leading Causes of Wrongful Death in Boston
While every death feels wrong to loved ones left behind, not every death is a wrongful death by legal standards. When the death was preventable and occurred directly due to another party’s negligence, recklessness, or wrongdoing, the law allows those impacted directly by the death to seek to recover damages, typically paid by the insurance company of the person at fault, whether it’s car insurance, commercial property insurance, or medical malpractice insurance. Some all-too-common causes of wrongful death in Massachusetts include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Medical malpractice
- Defective products
- Premises accidents
- Acts of violence or criminal acts
A wrongful death lawsuit in Boston may proceed regardless of whether or not there are criminal charges pending in the case and with or without a conviction. A wrongful death lawsuit is addressed in civil court rather than criminal court and they often settle out of court so family members never have to see a courtroom.
Medical Malpractice and Wrongful Death
Wrongful death can be caused by many different torts or acts of wrongdoing. One is medical malpractice, where a health care provider falls short of the required standards of patient care. Our experienced medical malpractice attorneys in Boston have handled fatal medical malpractice involving:
If medical malpractice led to the death of a patient, our team Boston medical malpractice lawyers can help surviving family members hold the at-fault doctor or hospital accountable.
What Are Massachusetts’ Wrongful Death Laws?
You must bring a wrongful death lawsuit in Massachusetts no later than three years from the date of the decedent’s death or the date that the administrator of the decedent’s estate knew or should have known that a wrongful death occurred. This law is called the statute of limitations, and it changes from state to state. In Massachusetts, if you do not bring a wrongful death cause of action within the three-year window, it will most likely be rejected by the courts.
There is also a rule on who may file a wrongful death case in Massachusetts. The law limits this right only to the executor or administrator of the decedent’s estate. This person may be appointed by the deceased person’s will or by the courts. The executor can file on behalf of survivors who were financially dependent on the decedent, such as a surviving spouse or child.
If a wrongful death claim succeeds in holding one or more defendants responsible for a fatal injury or illness that occurs in Boston, survivors can receive a settlement or jury verdict to cover their related losses. These may include appropriate funeral and burial expenses, medical costs connected to the decedent’s final injury, lost income and inheritance, lost services and protection, and lost love and companionship.
Proving Liability in Wrongful Death Lawsuits
In order to secure full compensation for the economic and non-economic damages caused by the wrongful death of a loved one, the plaintiff’s side must prove the defendant liable for the death. Proving liability for wrongful death in Massachusetts requires a case to meet specific criteria with evidence-backed proof showing:
- That the defendant owed care of duty to keep the deceased and others safe, such as a driver’s duty to follow traffic laws and avoid distractions, or a doctor’s duty to treat a patient according to the accepted medical standards
- That the defendant breached that duty by acting negligently or with reckless behavior or intentional wrongdoing
- That the breach of duty directly caused the death
- That the death resulted in real economic and non-economic damages to those left behind.
While monetary compensation can’t bring back a beloved family member who has passed on, it can bridge financial gaps left by the loss and help family members to move forward with a sense of justice.
How Can a Wrongful Death Lawyer Help?
Insurance company representatives never happily hand over checks. Often they try to devalue a claim or deny it completely. In order to recover damages after a wrongful death, a seasoned lawyer understands how to investigate the incident in order to prove liability and clearly show your damages so you can receive full compensation. Your Boston wrongful death attorney will take the following measures in your case:
- Carefully scrutinize all documents, including police reports, incident reports, and medical records
- Determine the liable party; for instance, in truck accidents, it may be the driver or the trucking company, and in medical malpractice cases it could be the doctor or the facility
- Use our powerful resources such as medical experts and accident reconstruction experts to craft a compelling case
- Draft a strong, evidence-backed demand letter to the appropriate insurance company to attempt an out-of-court-settlement
- Prepare powerful courtroom litigation if the insurance company does not offer a substantial settlement
You should never go it alone when it comes to something as critical as a wrongful death lawsuit. You need an experienced, diligent, wrongful death lawyer advocating for your rights and your family’s best interests throughout every step of the process.
Speak to a Boston Wrongful Death Lawyer Today
Nothing can ever right a wrongful death. Holding a negligent medical professional or another party legally responsible for the death of your loved one, however, can provide your family with justice and closure. At Barry D. Lang, M.D. & Associates, we want to offer as much peace of mind as possible after the traumatic loss of a loved one. Our Boston wrongful death lawyers can provide a thorough case review at no cost or obligation. Contact us today at 1-877-LAW-DOCS to speak to a Boston wrongful death attorney near you.