Springfield, MA Wrongful Death Lawyer for Crashes & Other Fatal Injuries
One of the most tragic events imaginable is the unanticipated loss of a loved one. Not only are families unprepared for such an event, but they are often equally unprepared to handle the financial losses and expenses associated with a wrongful death.
When fatalities are caused by the negligence or wrongful conduct of someone else, our firm is there to demand full compensation and justice. As Springfield wrongful death lawyers, we represent families against those responsible and their insurance companies.
Call Us for a Free Consultation and to Learn Your Options
If you lost a loved one, we extend our sincere sympathies for your loss, and invite you to call us to learn if you have a case and how we can help. For over two decades, our experienced wrongful death attorneys have helped numerous families obtain justice on behalf of lost loved ones. By filing a wrongful death lawsuit against an individual or company that acted wrongfully, we can help provide peace of mind, as well as financial compensation for medical and funeral expenses, lost income, and emotional distress.
To schedule a complimentary, no-risk consultation to discuss legal remedies for your family’s loss with an experienced Springfield wrongful death claim lawyer, contact us today. Our seasoned legal team can take strong, aggressive action to hold those responsible accountable for their negligence or wrongful acts.
How Long Do I Have to File a Wrongful Death Lawsuit?
In Massachusetts, a decedent’s estate has three years from the time of death (or the time of discovery that a wrongful death occurred) to file a claim against liable parties. Spouses, children, and parents are given filing priority; however, if a decedent does not have any immediate family members, then siblings, grandchildren, and other relatives may be entitled to file a claim.1
Because there is only a limited time to initiate a wrongful death lawsuit, it is vital to contact us as soon as possible. We represent clients on contingency fee basis, meaning that we only charge a fee if we are successful in recovering damages. Further, we advance court costs and other litigation expenses while a case is ongoing so that clients do not have to come out of pocket for these costs (normally, such cost are repaid through a settlement or jury award).
How Much Can I Collect in A Wrongful Death Lawsuit?
Vehicle crashes, construction accidents, defective products, burns and explosions, and medical mistakes all result in tens of thousands of deaths each year, leading to a crippling combination of grief, financial loss, and legal issues that must be addressed. While we cannot undue the loss of a family member, we can seek to secure compensation for these matters. In a wrongful death case, family members may be entitled to compensation for:
- Lost incomes that would otherwise have been provided by their family member over the expected work lifetime of the family member;
- Expenses incurred as a result of the death, including expenses for medical bills, funeral, and burial costs;
- Damaged vehicles or other property in the case of a crash;
- Loss of consortium (for a spouse) and loss of companionship, guidance, and advice (for children); and
- Other damages arising as a result of the death which the law recognizes as being recoverable.
In some cases, a family may also be entitled to what are known as punitive damages. Punitive damages can be assessed if the conduct of the person causing the death exhibited malicious, willful, wanton, reckless, or grossly negligent conduct.
How Are Wrongful Deaths Often Caused?
Over 165,000 unintentional deaths occur each year.2 Most of these preventable deaths involve accidents; however, they can also result from vehicle crashes, prescription medication errors, medical malpractice defective product or car parts, faulty mechanical repairs, and other incidents that could have been avoidable had proper care been taken. The following is a list of the major categories of incidents resulting in wrongful deaths:
- Automobile, Commercial Truck, and Other Vehicle Accidents. More than 32,000 people are killed, and 2 million are injured each year from motor vehicle crashes.3Surviving family members often can file claims to seek compensation from liable parties, including motorists, government agencies who manage roads, commercial drivers, and vehicle manufacturers.
- Medical Malpractice. Nearly 100,000 Americans die each year due to preventable medical errors. Medical malpractice commonly results from birth injuries, surgical errors, anesthesia inaccuracies, prescribing incorrect medication, misdiagnosis or delayed diagnosis, defective medical equipment, and nursing home abuse and neglect.
- Slip-and Falls. Slippery or poorly maintained walkways or stairs, lack of safety notices, and dangerous premises can lead to slip-and-fall fatalities. Those who are elderly are much more likely to be injured in slips and falls than those who are younger. For those who are not in good health, slip and fall injuries often lead to head trauma and broken bones, which can result in a series of declining health matters that can ultimately lead to death.
- Workplace Accidents. Each year, over 5,000 individuals are killed in workplace accidents. Accidents resulting in fatalities can include an explosion, electrocution, burn, fall, and exposure to harmful chemicals or dangerous substances. Dangerous environments such as construction sites, manufacturing plants, and mines are especially prone to workplace accidents.
- Product Liability. Massachusetts product liability laws hold designers, manufacturers, distributors, retailers, and others in the sales chain accountable for making or selling dangerous products. Companies have an obligation to protect consumers from defective goods. When they fail to uphold this duty and an individual dies, these types of companies can all be held liable.
- Commercial Truck Accidents. Commercial trucks typically weigh around 80,000 pounds. Due to the sheer size and weight of tractor-trailers, 18-wheelers, and semi-trucks, accidents with smaller passenger cars can often result in fatalities.
How Can a Massachusetts Wrongful Death Attorney Help Me?
Let us assume the burden of documenting your losses and the expenses leading to your loved one’s untimely death, and proving liability. Give your family the time and space necessary to cope with the emotional aspects of your loss. These, too, have legal ramifications. Loss of society, loss of companionship, loss of parental guidance, and loss of consortium have legal remedies that we are prepared to seek on your behalf.
We know the laws and procedures that will allow your family to pursue compensation with as little stress as possible. As wrongful death attorneys, we work with estate administrators in bringing legal action against all those legally responsible for a loved one’s death.
Call Today to Schedule a Free Consultation and to Learn How We Can Help
Because of the amount at stake, wrongful death cases are usually vigorously challenged by defendants and their insurance companies. Regardless of the facts of a case and who was at fault for an accident, defendants will do everything possible to fight a lawsuit, including blaming the victim and seeking to minimize damages (including compensation for the loss of companionship). Without the experience and guidance of seasoned lawyers with years of experience in fighting injury and wrongful death cases, the chances of success and recovering full compensation are usually significantly lower.
At Alekman DiTusa, we have the experience and dedication your family deserves. We have an in-depth knowledge of Massachusetts wrongful death law, and know how to navigate the complicated aspects involved in these types of claims. We can thoroughly investigate every detail of how your loved one’s life was lost and work to protect against unethical tactics used by insurance carriers and companies.
Call us today to learn how we can help in seeking compensation from those responsible for your loos so that you and your family can move forward.
How Can We Help?
Please call us at 413.781.0000 or fill out this form.