Seeking Justice for Families of Deceased Injury Victims in Andover
Wrongful death occurs when a person is killed through the negligence or wrongdoing of another. A wrongful death claim is a civil action brought for the benefit of surviving family members of the deceased.
Although no amount of money can ever compensate you for your loss, a wrongful death claim is a legal means to seek justice for your loved one and recover compensation for your family’s future. Contact an Andover wrongful death attorney if you have lost a loved one in an accident that was someone else’s fault.
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What Types of Accidents Can Result in Wrongful Death?
Virtually any type of accident caused by negligence can result in wrongful death. Common causes include:
- Car accidents: A negligent driver who causes a fatal car accident may be liable for wrongful death. This could apply to a driver who was alcohol or drug impaired, driving distracted, speeding, running a red light, tailgating, or violating traffic laws.
- Truck accidents: A collision involving a passenger vehicle and a large commercial truck is much more likely to be fatal for passenger vehicle occupants. Truck drivers and their employers can be held liable for fatal truck accidents caused by their negligence.
- Motorcycle accidents: Although they make up only 3% of all registered vehicles, motorcycles account for 14% of all traffic fatalities, as stated by the National Safety Council (NSC). Many fatal motorcycle crashes are caused by the negligence of other drivers.
- Bicycle accidents: Drivers can be held liable for wrongful death when they cause fatal bicycle accidents by speeding, driving intoxicated, texting while driving, failing to yield the right of way to bicyclists, or other negligent acts.
- Pedestrian accidents: A pedestrian hit by a 4,000 pound moving motor vehicle is vulnerable to serious or fatal injuries. A negligent driver who hits and kills a pedestrian may be liable for wrongful death.
- Slip and fall accidents: Falls can be fatal. When a foreseeable slip and fall accident on someone else’s property is caused by a hazardous condition existing on the property, the owner may be held liable in a wrongful death claim.
- Construction accidents: Construction is one of the most dangerous industries in the country. Workers can be killed by falls, electrocutions, being struck by objects, or being caught in or between objects. Many construction fatalities could be prevented if OSHA safety standards were followed.
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Who Can File a Wrongful Death Claim in Andover?
In Massachusetts, only the executor or administrator of the deceased person can file a wrongful death claim. Compensation may be recovered in such a claim for the benefit of surviving family members, including spouse, children, and grandchildren. The statute of limitations for a wrongful death claim is three years from the date of death, or three years from the date the executor or administrator knew, or should have known, of the death.
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What Compensation is Available for Wrongful Death?
Surviving family members of a wrongful death victim are entitled to recover “the fair monetary value of the deceased to the persons entitled to receive the damages recovered.” This may include compensation for the loss of reasonably expected income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice the deceased person would have provided had he or she survived. Survivors are also entitled to recover reasonable funeral and burial expenses. They may recover punitive damages (designed to punish the defendant) if the death was caused by the malicious, willful, wanton, or reckless conduct or gross negligence of the defendant.
Contact an Andover personal injury lawyer at DiBella Law Offices, P.C. at (978) 258-7600. We can tell you if you have a wrongful death case and what damages you may be entitled to claim.
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