Scalli Murphy Law Personal Injury Law Center is centrally located in Danvers, Massachusetts. If someone you love has been injured in a car accident, slip and fall or other tragedy resulting in death you need to get experienced representation immediately. The devastating loss of someone you love or someone close to you presents a void that words alone can not fill. Scalli Murphy Law understands the loss that comes with such a tragedy and how it can have effects on doing everyday tasks.
What is a Massachusetts Wrongful Death Claim?
In Massachusetts, when someone loses his or her life as a result of another person’s reckless, intentional, or negligent act, the injured persons family may be able to obtain compensation for the loss of their loved one. No amount of money can compensate a grieving family for the loss of a loved on, but holding responsible parties accountable can make all the difference in allowing a family to begin the long process of recovery, if you recently lost a loved one as a result of someone else’s negligent actions, it is critical to speak with an experienced wrongful death attorney who can help ensure that the wrongful party is held responsible.
Wrongful Death suits and claims exist to preserve and protect the wellbeing of a persons family after their life and earning capacity has been lost do to the actions of another.
A wrongful death claim can be filed when the death of a person was caused directly by the negligence of another—for example, in a car accident, medical malpractice, or a situation involving premises liability.
In all wrongful death cases, the claimant must be able to prove negligence beyond a reasonable doubt. This isn’t always easy to do on your own, but the experienced wrongful death attorneys at Scalli Murphy Law have more than 75 years of combined experience in personal injury cases.
Hiring an Experienced Wrongful Death Lawyer
A wrongful death claim is a lawsuit brought on behalf of a person who lost their life through the negligent actions of another party. If this person had not lost their life were alive, would be able to bring a personal injury claim against the person who caused the harm.
Because Massachusetts wrongful death claims are considered civil lawsuits, they must be filed in court by the appropriate surviving party. In this case, liability and punishment will only be assessed in the form of money damages. If a prosecutor brings a criminal action against the at-fault party you are still able to bring a Massachusetts wrongful death claim.
Who can file a Massachusetts Wrongful Death Lawsuit?
In Massachusetts a person appointed by the probate court as “personal representative” or executor of the estate may file a claim for wrongful death in Massachusetts courts against the party who caused it within three years. The person who appointed personal representative depends whether the person who died left a will appointing an executor. This person if appointed is required to carry out the instruction of the deceased person.
An administrator and executor of the estate are the same thing in Massachusetts. In Massachusetts, Probate courts now use the term personal representative to signify the individual who in charge of carrying out the wishes of the deceased, this personal is able to file a wrongful death claim on behalf of the estate. This will include the ability to file claims on behalf of the deceased person. If there has not Any money awarded as a result of this claim will go in to the estate and distributed as required by the law.
It is also possible for close family members to the deceased to file wrongful death claims in Massachusetts as well.
Massachusetts Wrongful Death Case Damages
In Massachusetts wrongful death cases damages are based on a number of factors which add to the monetary value of the case. These damages often include compensation to surviving close relatives for the loss of the future income or earning capacity for the household, loss of companionship, loss of consortium, and the loss of a loved one. Although ones future earning may not always be able to calculate, which is why you need an experienced wrongful death lawyer who is able to gather the necessary documentation to present which will help value the claim.
Another important factor in determining damages in Massachusetts wrongful death cases is conscious pain and suffering. In some cases, a claim for conscious pain and suffering may be brought when a person suffers fatal injuries that cause a period of suffering before death. The amount of time that a person spent suffering from their injuries before passing is a separate element but may be tried together with the other wrongful death claims in Massachusetts.
In Massachusetts wrongful death cases, another element that may be considered is gross negligence. Gross negligence is when the defendant, or the person who caused the harm, is greater than regular negligence.
The Massachusetts Supreme Judicial Court defines it as “[I]s an act or omission respecting legal duty of an aggravated character as distinguished from a mere failure to exercise ordinary care. It is very great negligence, or the absence of slight diligence, or the want of even scant care. It amounts to indifference to present legal duty and to utter forgetfulness of legal obligations so far as other persons may be affected. It is a heedless and palpable violation of legal duty respecting the rights of others.” Altman v. Aronson, 231 Mass. 588, 592 (1919).
There are many other factors and elements that go in to determining the monetary value of damages sustained in a Massachusetts wrongful death case which is why you need an experienced aggressive Massachusetts wrongful death lawyer.
Experience matters when you need a Massachusetts wrongful death lawyer
An experienced wrongful death lawyer in Danvers, MA like Scalli Murphy Law understands the turmoil that the loss of a loved one can cause. We will not only help you we will stand by you from start to finish, this includes all the way through trial if the insurance company is unwilling to negotiated beforehand.
If you need a wrongful death lawyer near Danvers, MA
Scalli Murphy Law, P.C. provides experienced legal representation from start to completion of your Massachusetts wrongful death claim. Scalli Murphy provides free consultations and case evaluations, both in office and over video. Scalli Murphy Law, P.C. handles all Massachusetts wrongful death cases on a contingency fee basis, so that you never have to pay if we don’t win your wrongful death case.
You should consider many factors before hiring a Massachusetts wrongful death lawyer including, the amount of experience a firm has handling these cases. Scalli Murphy Law has successfully resolved wrongful death cases over 25 years of practice. Massachusetts wrongful death cases are complex and you need firm that can work for you. Scalli Murphy Law’s team of lawyers will work on your wrongful death claim and be here to support, educate and answer any questions that can come up.
I had the pleasure of meeting Chris Murphy when I was a patient at New England Rehab in Woburn, after serious injuries to my legs. He called frequently to see how my rehab was going and to check on how I was feeling. Chris is an excellent attorney who will work hard for you to get you the best possible outcome! I would recommend Chris Murphy highly as he his caring and diligent in all that he does
C. L.
These guys are the best. I have always used them when I have an issue and send all my friends and family. Chris and Steve are amazing and really do a great job. They took the time to go over everything with me and always get good results.
P. S.
Scalli & Murphy is not only a great firm, they are a wonderful group of people that do an amazing job representing you. Highly Recommend!!
M. K.
My family and I were devastated when my father was diagnosed with Mesothelioma. Scalli Murphy Law helped us though the most difficult of times and was able help hold the companies that poisoned my dad fully accountable.
W.P.
After being stuck by a motorist, I was in a coma and in-patient recovery for months. My injuries forced me to retire early and leave a job I loved. Scalli Murphy Law not only helped obtain more financial recovery than we thought possible but also connected me to other great people and professionals to rebuild my life and better my family.
