Normally we tend to think of personal injury cases as a way to financially compensate someone who has been harmed directly by someone else’s negligence. In the case of a person who dies because of someone else’s negligence or carelessness, there often are family members who also are harmed by the loss. A surviving husband or wife and children may have relied on income from their now deceased spouse and parent. The family also suffers the loss of companionship, care and guidance. In this situation, Massachusetts has a “wrongful death” law that allows the surviving family members to be monetarily compensated for their loss.
Nothing can replace the loss of a person who is dear and important to us, but a wrongful death case can afford at least a sense that justice has been served as well as satisfying the practical outcome of providing payment to the survivors who need and deserve it. The compensation can take the form of economic and non-economic damages “Economic damages’ refers to the loss of present and future income from the deceased as well as medical costs, and “non-economic” damages cover the emotional impact – the trauma and the loss of love and companionship – of the death. A court’s calculations of the actual damages to be awarded is based on a complex set variable factors including items such as funeral costs, the projected remaining worklife of the deceased until retirement, and the decedent’s current salary or annual profits.
The types of negligent behavior or misconduct that can give rise to a wrongful death claim cover a lot of ground. Many of the injuries described in the other pages of this site – such as workplace accidents or slip and fall injuries – can be the basis for a wrongful death lawsuit. Any recklessness or carelessness behind the wheel that results in fatality can lead to such suits, whether the person at fault was driving another vehicle or the one the deceased was riding in. Pedestrian deaths also frequently lead to wrongful death cases.
Call Any Time
(413) 592-0999
In some situations the decedent’s “estate” can pursue a wrongful death suit, which is a civil matter, in lieu of criminal proceedings if those are denied or even if the outcome to a criminal case has been unsatisfactory to the claimant. The best-known instance of this occurring is the O.J. Simpson case, in which the former athlete was acquitted for a double murder in a highly publicized criminal case but was found responsible by a jury in a wrongful death suit for monetary compensation
Part of the reason that a wrongful death civil suit can succeed when criminal charges either don’t stick or can’t be proven is that there are significant differences between the two types of cases and legal processes.
The legal “burden of proof” differs markedly. The “burden of proof” of guilt in criminal trials is “beyond a reasonable doubt,” whereas for civil cases seeking monetary compensation the “burden of proof” is whether the defendant’s probably was negligent and whether the negligence probably caused the death. This is hardly a trifling semantic distinction, but rather a very substantive difference. Also, in civil cases a defendant cannot “take the fifth” to avoid self-incrimination, and any refusal to answer a question can be taken into consideration by a jury during its deliberations.
What Others Are Saying
About Us
Every state has a time limit known as the “statute of limitations” for wrongful death cases, and Massachusetts is no exception. For that reason and many other reasons including gathering evidence while it still exists and while memories are fresh you should take action immediately. The first step with a complex matter such as a wrongful death suit is to consult with a trained, experienced lawyer who has expertise with such type of cases. Here at the Injury Law Office of Robert W. Shute, Atty. Shute has over 25 years of experience handling personal injury suits in Western Massachusetts, including successful wrongful death claims.
Attorney Shute welcomes your call. 413-437-7788– Days, Evenings or Weekends for your Free Consultation to discuss compensation for your injury with Atty. Robert Shute, personally.
Northampton
90 Conz St,
Northampton, MA 01060
Phone: (413) 437-7788
Free Case Evaluation
Call Northampton Wrongful Death Atty
Robert Shute now for your Free Case Evaluation:
413-592-0999 or 413-437-7788, Day or Evening.