Massachusetts law recognizes the financial hardship, in addition to the emotional pain, that is suffered by survivors of Massachusetts residents who have been killed in Massachusetts wrongful death accidents.Modern Massachusetts tort law, therefore, allows family members to recover financial compensation for their losses. This recovery can be essential to a family’s present and future financial security. Massachusetts wrongful death damage awards vary greatly, depending on the beneficiary’s relationship to the decedent. Parents of a deceased individual may receive compensation for the emotional pain and suffering they have endured from the loss of their child. Spouses may additionally receive compensation for the future lost wages of their loved one.
Many factors are involved in the complicated process used to calculate damages arising from a Massachusetts wrongful death. Factors that are considered include the extent to which the plaintiff was dependent of the decedent, the estimated life span of the decedent had he or she not suffered a wrongful death, the anticipated income and benefits the decedent would have earned over the course of his or her lifetime, and any contributory negligence of the decedent. In cases where intentionally cruel actions resulted in a wrongful death, punitive damages may also be awarded to the decedent’s beneficiaries.
The average person does not have the resources available to accurately calculate the amount of damages they should expect to receive in a Massachusetts wrongful death action, and is thus vulnerable to being misled in settlement offers from insurance companies or negligent parties. It is clearly in the best interest of family members seeking compensation for the loss of a loved one to consult with an expert Massachusetts wrongful death lawyer from the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to ensure that they receive full and just compensation for their loss.
Damages that may be recoverable in a Massachusetts wrongful death action include:
This includes the lost future earnings and lost benefits that the decedent would have earned over the course of his or her prospective lifetime if he or she had not suffered a Massachusetts wrongful death. The system used to calculate reasonable expected net income is very complicated, and is not something you should attempt to figure out on your own. You likely do not have the resources to calculate life expectancy, expected benefits, and the many other factors that are necessary to get an accurate value of what your case is worth and how much you should recover in damages. Our experienced Boston, MA wrongful death lawyers are experts in maximizing the recovery of reasonable expected net income. Our Boston injury attorneys will help you make an accurate evaluation and estimate of the value of future losses so that you get full compensation for your damages.
This includes the loss of an emotional relationship between the decedent and the individual filing the Massachusetts wrongful death claim. Depending on the relationship to the decedent, beneficiaries may receive pecuniary damages for the care, protection and companionship that they lost due to the death of their loved one.
The negligent party may be responsible for punitive damages if their wrongful actions were willful, wanton or grossly negligent. This means that if your loved one died due to someone’s intentional or malicious behavior, that person is liable for extra damages as a punishment for their cruelty. Punitive damages are thereby used to deter the negligent party and other parties from committing such misdeeds in the future.
This includes conscious pain and suffering experienced by the decedent between the time of his or her injury and the time of death. Such pain and suffering may have resulted from disfigurement, impairment or loss of bodily function, embarrassment or emotional distress. To recover these damages, it must be established that the decedent was aware of his compromised physical and emotional condition prior to his or her death. This also includes pain and emotional trauma suffered by the decedent’s survivors as a result of the loss of their loved one.
The plaintiffs may also be entitled to recover interest on the damages they receive from the time of the filing of the lawsuit up to the time the damages are collected.
If it is more convenient for you, Attorney Gil Hoy will come to your home, the hospital or another location of your choosing to meet with you and discuss your Massachusetts wrongful death claim.
Our expert Boston wrongful death lawyers know how important your wrongful death claim is for you. Call us 24 hours a day, 7 days a week. Even if you get our answering service, leave a message because we will call you right back. You can count on it.
We charge you no attorney’s fees unless and until we successfully and fully recover just compensation for your Massachusetts wrongful death accident injury. We are relentless and will not stop until we obtain justice for you and your family members.