Wrongful Death

A wrongful death lawsuit is intended to help a family that has lost a loved one recover compensation. It is a civil lawsuit filed by heirs of the deceased or the representative of the Estate against the individual or corporation deemed responsible for the deceased’s death. A wrongful death claim is independent of any criminal prosecution of a defendant for misconduct or maliciousness leading to a person’s death. Even if a wrongdoer has been convicted of criminal charges related to your loved one’s death, you may still be entitled to file a civil wrongful death lawsuit. Civil suits seek financial compensation for losses.

The loss of someone you care about is never easy, but when your loved one’s death was the result of another person’s negligence or misconduct, the situation becomes even more complex. Having an experienced attorney to represent you provides many significant advantages.

As you and your family face this time of stress and grief, having an attorney on your side gives you the time you need to spend with loved ones and handle the many burdens you face. When you choose the Boston wrongful death attorneys at The Law Offices of Matthew M. Foti, these are just some of the services we provide for you.

• We handle all communication and correspondence with the insurance company on your behalf;
• We thoroughly investigate and document your claim;
• We calculate the value of your damages;
• We negotiate on your behalf with the insurance company, and
• If necessary, we file legal action and make your case in court.

Most importantly we protect your legal rights, ensuring that the insurance company does not take advantage of you when you’re at your most vulnerable

In Massachusetts, only the executor of the deceased has the right to pursue the claim. In many cases, the decedent will have already assigned this individual into their will. If the decedent did not have the opportunity to choose an executor, then the courts may do so on their behalf.

Once the executor of the estate has been established, this party will have three years from the date of the decedent’s passing to file the claim.

The damages recovered from wrongful death cases can include loss of income, loss of future earnings, compensation for the victim’s medical expenses, burial costs, loss of companionship, and other economic factors. In cases where the actions of the defendant are especially reckless, intentional or malicious, punitive damages may also be sought. Some of the most common causes of wrongful death claims are:

• Fatal motor vehicle accidents – Theses accidents are often the result of distracted or drunk driving, running red lights, driving too fast for conditions and speeding.
• Accidents resulting from dangerous labor practices or construction sites – These incidents are commonly related to violations of Occupational Safety and Health Administration (OSHA) guidelines, which can lead to falls from scaffolds or other platforms, roofs, through construction holes/cavities, or objects and equipment falling or collapsing onto the decedent, pinch point incidents, and injuries from being burned or electrocuted. Negligence in implementing or offering safety harnesses or restraints.
• Defective machinery or equipment – Defective work equipment that does not perform as the user expected or manufacturer intended. These also include airbag failure, brake failure, and tire failure. On the job or at ones home we see consumers sustaining fatal injuries from non-compliant appliances, ladders, lawn equipment, and wood chippers.
• Medical malpractice – Misdiagnosis, failure to diagnose, overdosing, failure to treat, sepsis or MRSA, surgical errors, or faulty medical equipment are often involved.
• Bicycle accidents
• Pedestrian accidents
• Product liability (dangerous or defective products)
• Slip and fall accidents
• Unsafe conditions in public places, such as hotels, casinos, or malls (e.g. mold or other unsafe or harmful conditions, inappropriate design, roof failure caused by poor construction, failure to warn of unsafe conditions)

Wrongful death cases can be extremely complex and the financial stakes are very high. It is important to seek the help of an experienced wrongful death attorney.

After a loved one’s shocking death, you might not know who to turn to or who to trust. You are not alone. Please call us today for a free consultation.