Wrongful death cases are always painful. No amount of money will ever make up for the loss of a loved one. The fact that the death has happened unexpectedly and would never have happened but for the negligence of another only make it that much harder for the family to deal with.
What is a Wrongful Death?
Wrongful death lawsuits are the legal means allowing survivors to receive compensation from the person or organization that was responsible for the death. An Accidental Death Attorney in Greenfield MA, will seek compensation on behalf of the family for expenses related to the death, including medical and funeral costs, past and estimated future earnings, and loss of companionship.
The cause of the death is often an accident caused by the negligence of another, often involving an auto crash or a fall, medical malpractice, or a defective product. In some cases, a wrongful death case is brought after the intentional act of another. The most famous instance of that type of case is the successful wrongful death claim brought against O.J. Simpson after he was acquitted of murder in his first trial.
Proving the Case
The case is normally filed by the representative of the estate on behalf of survivors. State law determines who is entitled to file a wrongful death case. When the death was caused by negligence, it’s necessary to prove that the person died because the defendant breached a duty of care that caused the death.
For example, if someone died in an auto crash that occurred when the other driver was talking on the phone, it would be argued that the driver did not drive with the level of care that a reasonably prudent person would have observed. It’s necessary to prove that the defendant was negligent by not paying attention to their driving and that this breach of duty, their careless driving, caused the death.
The survivors often feel that a wrongful death lawsuit is the only way that they can receive justice for the death of their loved one. They are entitled to receive financial damages for their loss from those responsible.
If you have lost your loved one due to another’s negligence, contact an experienced Accidental Death Attorney in Greenfield MA. Daniel and Fontaine LLC is available 24/7 for their Massachusetts clients. Contact them for a free, no obligation consultation to explore your legal options. You can visit them on Twitter for more information.
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