Wrongful Death Attorney

Massachusetts Wrongful Death Claims

In Massachusetts, the only person who can file a wrongful death lawsuit is the Personal Representative of the deceased’s estate. The Personal Representative is typically an individual appointed by the court or named in the decedent’s will. This person is responsible for hiring a lawyer to file a wrongful death lawsuit. Under Massachusetts law, your wrongful death claim can include:

• Compensation for funeral and burial expenses

• Loss of the decedent’s reasonably expected net income

• Loss of the decedent’s companionship, comfort, guidance and care  

Massachusetts Wrongful Death Statute:

M.G.L. c. 229, § 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 ... 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 ... including 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 ... 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.

Seeking Wrongful Death Damages

In wrongful death cases, it is important to determine if negligence or gross negligence caused your family member’s death. If the negligent party’s conduct arises to gross negligence, or is determined to be willful or reckless, punitive damages can be awarded to the deceased’s family. Also, it is important to determine the insurance coverage available to compensate your decedent’s estate. At mediation, arbitration or trial, it is essential to offer into evidence testimony from liability, medical, vocational and economic expert witnesses to prove that death was as a result of the at-fault person or entity’s conduct. Expert witnesses also assist the finder of fact in determining the proper award of damages to compensate the decedent’s estate for the loss of earnings capacity over his or her expected lifetime.

Liquor Liability Claims

Liquor liability pertains to the legal responsibility of alcohol-serving establishments for injuries or property damage resulting from alcohol consumption on their premises. These businesses, including bars, restaurants, and event venues, should maintain a comprehensive commercial general liability (CGL) insurance policy with liquor liability coverage. Additionally, they may consider obtaining excess liability or umbrella policies to provide additional coverage.

Appropriate insurance coverage plays a crucial role and can significantly impact your settlement outcome. This coverage protects the business by addressing legal expenses, medical costs, and potential settlements related to a liquor liability claim. Adequate CGL insurance demonstrates the business's financial responsibility and may influence your perception of the business's capability to fulfill settlements, potentially leading to a more efficient and equitable resolution.