If you’ve suffered the death of a loved one because of someone else’s negligence, you may be wondering if you have any legal options. The answer to that question is, unfortunately, it depends. While there are laws in place that allow people to seek compensation for their losses in the event of a wrongful death, these laws vary from state to state. Furthermore, the amount of money that may be available to you will also depend on the specific circumstances of your case.
That said, if you’ve lost a loved one due to someone else’s negligence in Boston, it’s important to consult with a Boston wrongful death attorney to find out what your legal options may be. Wrongful death lawyers are experienced in handling these types of cases and can help you determine whether or not you have a valid claim.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that is filed by the survivors of a person who has died due to the negligence of another. The purpose of these claims is to seek compensation for the losses that the survivor has suffered as a result of the death.
Who Can File a Wrongful Death Claim?
In most cases, the spouse or children of the deceased person will be the ones who file the claim. In some states, however, the parents or siblings of the deceased may also be able to file a claim.
What Damages Can be Recovered in a Wrongful Death Claim?
The types of damages for which you can claim compensation will depend on the state in which you file your claim. However, some of the more common types of damages that are sought in these cases include:
- Medical expenses
- Funeral and burial expenses
- Loss of income
- Loss of companionship
- Pain and suffering
How Long Do I Have to File a Wrongful Death Claim?
When a loved one dies due to the negligence or intentional misconduct of another, the survivors may be able to file a wrongful death claim. Usually, it is the surviving spouse, children, or parents of the deceased who can bring a claim. In some cases, other family members may also be able to file a claim, depending on the state’s laws.
The statute of limitations is the deadline for filing a lawsuit. If the survivors don’t file a wrongful death lawsuit before the statute of limitations expires, they will lose their right to sue.
In most states, the statute of limitations for wrongful death is two years from the date of death. However, there are some exceptions. For example, in some states the statute of limitations may be extended if the victim died as a result of mesothelioma, a type of cancer caused by exposure to asbestos.
It’s important to note that the statute of limitations may be different if the death was caused by a government entity. For example, if the death was caused by a defective road or a poisonous gas leak from a government-owned gas plant, the survivors may have to file a claim within six months or one year, depending on the state.
If you’re unsure about the statute of limitations in your state, you should speak to a wrongful death attorney. An attorney will be able to determine the deadline for filing a claim and help you gather the necessary evidence to support your case.
What if the Person Who Caused the Death Also Died?
In some cases, the person who caused the death may also be deceased. If this is the case, you may still be able to file a claim against their estate.
Filing a wrongful death claim can be a complicated and emotional process. However, an experienced Boston wrongful death lawyer can help you navigate the legal system and ensure that you receive the compensation you deserve.