Massachusetts Wrongful Death
Cases
Choosing a Wrongful Death Attorney
The
lawyers at Breakstone, White & Gluck, P.C. represent individuals and
their families throughout Massachusetts who have suffered the loss of a
loved relative due to wrongful death. Wrongful death causes emotional and financial hardship
for family members. Sometimes the wrongful death will be preceded by a
period of pain and suffering, which can also be compensable.
At
Breakstone, White & Gluck, P.C., we understand that when an accident
happens, lives are forever changed. The emotional damage can be severe, and
the economic losses are often devastating. Wrongful death can be caused by
many things, including car accidents, defective products, construction site
accidents, medical
malpractice or other negligent,
careless, or reckless conduct. When gross negligence or reckless
conduct is involved, one may also be able to obtain punitive damages. Our
attorneys provide effective, aggressive investigation and representation in
wrongful death cases.
Massachusetts laws regarding wrongful death cases are complex and technical.
The law strictly governs who may recover, such as a spouse, children,
parents, or siblings. Claims must be brought through the estate of the
deceased relative, and are brought by administrator of the executor. Damages
may include loss of future net income, loss of companionship and love, and
loss of support. Punitive damages may be awarded in some wrongful death cases.
Wrongful death cases are always emotional.
When you are grieving, you should not make any major decisions without consulting an attorney. You should not enter into any
settlement, sign any release or accept any money in exchange for releasing
an individual, corporation, or insurance company from liability without
first knowing what insurance coverage or other redress is available to you
and your family.
Breakstone, White & Gluck, P.C. is experienced in the handling of
complex wrongful death cases and can help you decide your best course
of action and develop the best legal strategy for your case.
Because the Statute of Limitations applies to wrongful death cases, families
have a limited time frame in which to file the case. If you feel you have a wrongful death case, it is vital that you
contact an experienced lawyer immediately
to protect your rights.
Read more about choosing the best
wrongful death
attorney.
Experience Matters
The experienced lawyers at Breakstone,
White & Gluck PC have handled several wrongful death cases. A few examples
of these cases can be found on our
Case Reports page
including:
Contact
An Experienced Wrongful Death
Lawyer Today
Please call us at 617-723-7676 (or toll free at 1-800-379-1244), use our
contact form, or email
us at contactus@bwglaw.com. Get
your free legal consultation today with Breakstone, White & Gluck, P.C.
today.
Wrongful Death
Statute
This is the text of the wrongful death
statute in Massachusetts:
Chapter
229: Section 2. Wrongful death; damages
Section 2. A person who (1) by his negligence causes the death of a
person, or (2) by willful, wanton or reckless act causes the death of a
person under such circumstances that the deceased could have recovered
damages for personal injuries if his death had not resulted, or (3)
operates a common carrier of passengers and by his negligence causes the
death of a passenger, or (4) operates a common carrier of passengers and
by his willful, wanton or reckless act causes the death of a passenger
under such circumstances that the deceased could have recovered damages
for personal injuries if his death had not resulted, or (5) is
responsible for a breach of warranty arising under Article 2 of chapter
one hundred and six which results in injury to a person that causes
death, shall be liable in damages in the amount of: (1) the fair
monetary value of the decedent to the persons entitled to receive the
damages recovered, as provided in section one, including but not limited
to compensation for the loss of the reasonably expected net income,
services, protection, care, assistance, society, companionship, comfort,
guidance, counsel, and advice of the decedent to the persons entitled to
the damages recovered; (2) the reasonable funeral and burial expenses of
the decedent; (3) punitive damages in an amount of not less than five
thousand dollars in such case as the decedent’s death was caused by the
malicious, willful, wanton or reckless conduct of the defendant or by
the gross negligence of the defendant; except that (1) the liability of
an employer to a person in his employment shall not be governed by this
section, (2) a person operating a railroad shall not be liable for
negligence in causing the death of a person while walking or being upon
such railroad contrary to law or to the reasonable rules and regulations
of the carrier and (3) a person operating a street railway or electric
railroad shall not be liable for negligence for causing the death of a
person while walking or being upon that part of the street railway or
electric railroad not within the limits of a highway. A person shall be
liable for the negligence or the willful, wanton or reckless act of his
agents or servants while engaged in his business to the same extent and
subject to the same limits as he would be liable under this section for
his own act. Damages under this section shall be recovered in an action
of tort by the executor or administrator of the deceased. An action to
recover damages under this section shall be commenced within three years
from the date of death, or within three years from the date when the
deceased’s executor or administrator knew, or in the exercise of
reasonable diligence, should have known of the factual basis for a cause
of action, or within such time thereafter as is provided by section
four, four B, nine or ten of chapter two hundred and sixty.
