Losing a spouse, child, or other loved one can be one of the most traumatic and devastating experiences that a person or family can experience. Beyond the emotional loss, there is often a devastating financial impact on a family and their ability to support themselves.
When a loved one is lost due to the carelessness or recklessness of another, there may be legal consequences for those who are responsible. This can include compensation for medical bills, lost wages, funeral expenses, and other financial losses. No settlement can compensate a family for the death of a loved one. Accidents that result in the death of a loved one due to another person’s actions or inaction are often referred to as wrongful death cases, which fall in the civil rather than criminal forum. Our laws afford protections for the spouse, children and parents of the deceased. In certain cases, a wrongful death lawsuit may seek punitive damages. For general laws concerning wrongful death, please visit the Massachusetts Legislature’s page on Massachusetts General Law Chapter 229, Section 2.
Hiring the right attorney to represent you and your family following the wrongful death of a loved one is essential to protect and preserve your legal rights. This may include preserving evidence that may be needed to prove that loss of your loved one was due to the negligence or other misdeeds of another. Failing to preserve essential evidence can limit or even prevent your ability to prove your claims.
If a wrongful death occurs in the course of a loved one’s work, a claim may include the right to pursue workers’ compensation death and spousal benefits. Further, there may be a right to pursue survivor’s benefits from the Social Security Administration. Our experience in assisting our clients in the pursuit of all available benefits is part of the process of serving our clients and managing their case. Wrongful death claims frequently include the following:
• Funeral and burial costs;
• Loss of financial support/future earnings;
• Medical costs incurred prior to the individual’s death;
• Pain & Suffering
• Loss of consortium claims of the surviving spouse and surviving children
• Punitive damages in cases where the death was caused by gross negligence or malicious, willful, wanton or reckless conduct of the defendant
McGowan & Lavin is proud of the results we have delivered for our clients as well as the care, compassion, and personal service we have provided to clients who have lost loved ones.