Losing a loved one is devastating. If their death was caused by the negligent actions of another party, families can be left even more shattered knowing that it was preventable. In these cases, personal representatives often choose to file wrongful death claims to receive justice and compensation for their loss.
Massachusetts law outlines that the executor or administrator, often referred to as the personal representative, of the deceased can submit a wrongful death lawsuit. The personal representative is typically named by the deceased person in their will and is in charge of protecting their estate
If the accused party is deemed at fault for causing the death, personal representatives can receive monetary compensation for the pain and suffering that was caused as well as for lost economic support, lost earnings, and medical bills that accumulated prior to death.
There are several situations that can lead to the filing of a wrongful death lawsuit, including:
Car, Motorcycle, or Pedestrian Fatalities
- Texting and other forms of distracted driving
- Driving under the influence of drugs or alcohol
- Fatigued driving
- Reckless driving (such as speeding, unsafe passing, and making improper turns)
- Pedestrians being struck by cars with drivers who failed to yield
Medical Malpractice Fatalities
- Negligence when delivering a newborn
- Medication errors (such as incorrect dosage, incorrect prescription, or medication being administered at the wrong time)
- Surgical errors
- Failure to take medication allergies or interactions into consideration
- Poor hiring procedures of a hospital for medical professionals
Defective Drugs and Devices Fatalities
- Blood thinners like Xarelto or Pradaxa
- IVC filters
- Transvaginal mesh
- Hernia mesh
- Metal-on-metal hip replacement
- Other defective drugs and devices
Slip & Falls
When someone dies as a result of a fall, specific qualifications can make their estate eligible for compensation. Two things need to be proven for a slip-and-fall wrongful death lawsuit to be successful:
- The property owner had a legal obligation to keep safe premises but failed to do so.
- Their failure to do so caused the fatal fall.
If you are the personal representative of a deceased loved one who is considering filing a wrongful death claim, consider reaching out to us today at 617-391-9001 for a free legal consultation.
A partner at Sweeney Merrigan Law, LLP in Boston, J. Tucker Merrigan represents individual clients throughout all of Massachusetts and the United States—concentrating his practice on cases that involve personal injury, defective medical devices, dangerous drugs, wrongful death, premises liability, products liability, medical malpractice, and insurance law. Known for strong client relationships and positive results, Merrigan has been named a Top 40 Under 40 Trial Attorney by National Trial Lawyers from 2015-2018 and named Super Lawyer Rising Star for 2018.