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What is a "Wrongful Death" claim?
Who can file a 'Wrongful Death'
case?
What damages can I recover by
filing a Wrongful Death claim?
Should I allow the
insurance company to take my recorded statement?
What is the first step in
pursuing a wrongful death claim?
What is a "Wrongful Death"
claim?
A "wrongful death" claim typically refers to
an action by a negligent party whose wrongful conduct resulted in the death of
another. The "wrongful" act that resulted in death may have been intentional,
reckless, or negligent. In cases where a dangerous product caused the death, it
may not be necessary to show "wrongful" conduct in order to recover. If you feel
that your loved one died because of someone else’s reckless or careless
behavior, call (800) 797-6005 - Kantrovitz & Associates for advice on
your claim. We are committed to compassionately and effectively managing your
wrongful death suit.
Who can file a 'Wrongful Death' case?
The City of Boston, Massachusetts' laws vary
as to who may pursue a wrongful death claim. Generally, it is the immediate
family members (spouses, children and parents); however, some states allow
grandparents, legal dependents or members of the extended family to file suit.
The amount of damages awarded will depend on the plaintiff’s relationship to the
deceased, while the compensation for damages may include; medical and funeral
expenses for the victim, loss of the victim’s prospective lifetime earnings,
survivor’s emotional pain and suffering, and punitive damages (intentional harm
judged to be exemplary).
What damages can I recover
by filing a Wrongful Death claim?
Massachusetts state law allows a wrongful
death claimant to recover 'the full value of the life of the decedent without
deducting for any of the necessary or personal expenses of the decedent had he
lived.'
The survivors of the decedent may also seek damages for the decedents medical
and funeral bills, and for pain and suffering experienced by the decedent prior
to death.
Should I allow the
insurance company to take my recorded statement?
No. Insurance adjusters are skilled at such
interviews while the average individual is not. The answer you give to questions
may not tell the whole story because of the manner in which the question was
asked. Your answer, however, may later be used against you if litigation becomes
necessary. Be very careful about giving recorded statements to insurance
companies.
What is the first step in
pursuing a wrongful death claim?
Wrongful death claims generally involve many
complex legal issues. Your first step is to consult
an attorney. If you have a Massachusetts legal concern, you should call
Kantrovitz & Associates, (800) 797-6005, as soon as possible since there
are statutes of limitations and deadlines that may effect your claim.
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