A wrongful death suit in Massachusetts allows a potential award of damages for the emotional harm done to the victim's family. These compensate the victim's family for the loss of companionship, love, and affection they will suffer due to the victim's death. Wrongful death exists when a person dies due to the legal fault of another person. For example, that person could be the driver at fault in a car accident or a bartender who served alcohol to a drunk driver, among others.
Wrongful death statutes vary from state to state, but they generally define who may sue for wrongful death and if any limits may be applied to an award of damages. Initially, criminal death statutes were created to support widows and orphans financially.
State laws provide for:
- Recovery by a surviving spouse.
- Immediate family members.
- Even parents of a deceased fetus.
The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will. To successfully bring a wrongful death cause of action, the plaintiff typically must show the following:
- The death of a human being
- The death was caused by another's negligence or with intent to cause harm
- The survival of family members who are suffering monetary injury as a result of the death
- The appointment of a personal representative for the decedent's estate
If you suspect this is happening to you or anyone you know, contact us at Castel & Hall. Here we can ensure that the guilty party faces the correct repercussions and get compensation for the victims. Knowing all your options and vital to making the right decisions when facing legal actions. Here we can inform you of all your options and together we can take care of whatever you need.