On a day-to-day basis, there is nothing the average person does that is more dangerous than getting into his or her car. In fact, the Centers for Disease Control and Prevention (CDC) reports that there…
When a death occurs, the loss is often more than a family can bear. When a death can be attributed to the negligence or carelessness of someone else, it is considered to be a wrongful death, and the grief surviving loved ones experience can become overwhelming.
Few things are as challenging as moving through the grief process after a loved one passes away, and when you add the legal element of a wrongful death claim to that, families can be left unsure of where to turn and what to do next.
Commercial Car Accidents
Commercial vehicles include delivery trucks, taxis, tractor trailers, and any other vehicle not intended for personal or recreational use. These vehicles are just as likely to get into road accidents as their non-commercial counterparts.
According to the National Highway Safety Commission, 28 people die as a result of a drunk driving incident every day in America. In 2014, 9,967 people were killed because of intoxicated drivers--almost a third of…
When a large commercial vehicle such as a semi-truck or tractor trailer is involved in a collision, the damage is hardly ever minimal. Trucks can weigh up to 20 to 30 times the average passenger…
Many of us throughout Massachusetts go to jobs every day to earn money to support our families. Some people work in occupations that pose serious safety risks. Too many people who are simply trying to…
Nursing Home Abuse Wrongful Death Lawyers
Over the next 20 years in the United States, a larger number of people than this country has ever seen will utilize the care of a nursing home or skilled nursing facility. As the demand…
Few things are more devastating than losing a child. Learning that your child was killed as a result of someone else’s negligence or carelessness and the death may have been preventable can add insurmountable pain…
Medical doctors and hospitals are where we turn in our time of greatest need. We bring our sick parents and injured brothers, our hopeful grandparents and nervous fathers, our expectant mothers and coughing children .…
Riding a bicycle is great fun and a good form of exercise. Unfortunately, this passion can sometimes end in disaster if a motorist fails to pay attention, hits the bicyclist, and causes their death. Every…
Pedestrian Accident Attorneys of Massachusetts
Every year, more than 5,000 pedestrians in the United States die when they are hit by a vehicle. That means a pedestrian dies due to a crash every 1.6 hours, and on top of that,…
How to Move Forward Financially After a Wrongful Death
After losing a loved one suddenly in a wrongful death, your life is turned upside down. Soon after the death, there’s a flurry of funeral arrangements and visitors, and over time you’re left to grieve…
What Is a Wrongful Death Claim?
A wrongful death claim is a legal remedy designed to alleviate the financial and emotional burdens of families who have lost loved ones in preventable accidents or due to the negligence of another person or entity. A wrongful death claim can accomplish many things, including:
- Providing financial relief for medical bills, funeral expenses, lost wages, and future lost wages
- Providing financial relief for grieving families who are unable to work temporarily due to the loss in the family
- Eliciting punitive damages from the individual or entity at fault, which are designed to “punish” the at-fault party for wrongdoing or gross negligence
- Helping a family to receive closure and justice after the unexpected and painful passing of a loved one
Although compensation can never replace your loved one, it can accomplish many other things that will allow the family to grieve their loss in peace. Additionally, punitive damages against the at-fault party can help ensure that the same negligence or carelessness does not happen again and result in another injury or death.
How Does Wrongful Death Occur?
Wrongful death can occur in a variety of ways, typically when someone who owes a duty of care to someone else is negligent or careless in their duties. There are many people who owe a duty of care to others, including:
- Doctors who owe a duty of care to their patients
- Employers who owe a duty of care to their employees
- Retail establishments that owe a duty of care to their patrons
- Drivers who owe a duty of care to others who share the road
- Commercial vehicle drivers who owe an extended duty of care to others on the road
- Daycares who owe a duty of care to the children in their care
- Product manufacturers who owe a duty of care to consumers
- Nursing homes who owe a duty of care to their patients
Any time a duty of care is breached, either willfully or due to negligence, a wrongful death may occur. If, for example, a driver chooses to drink before operating a vehicle, he or she is breaching their duty of care to other drivers on the road. If an accident occurs and someone is killed, the impaired driver may be held responsible for the death. Similarly, if a doctor is negligent in his or her care of a patient and misinterprets test results or fails to treat, and the patient dies as a result, the doctor may then be held responsible for the death.
Who Can Bring a Wrongful Death Claim?
Most often, it is immediate family members who can bring forward a wrongful death claim. However, in some cases, other individuals who have been financially impacted by the unexpected passing of a person may be able to obtain damages by bringing a claim.
Obtaining justice for your loved one can be a difficult journey. Learn more about the causes of wrongful death in America, who can be held legally liable for a wrongful death, and how you can bring forward a wrongful death claim by taking a look at our infographic:
Do I Need to Hire a Wrongful Death Attorney?
If you have lost a loved one as a result of a wrongful death, the most important thing you can do is have strong legal advocacy on your side. Dealing with the aftermath of a loved one’s passing, contacting other family members, making funeral arrangements, and coping in general is exhausting and time consuming. Few families also have the ability to contend with the legal aspects of a wrongful death case, including gathering evidence, obtaining witness statements, and calculating damages.
When you work with an experienced wrongful death attorney at Mazow | McCullough, P.C., you will have a compassionate, caring lawyer in your corner who will be able to zealously advocate for your rights and the justice of your loved one as you move through the grief process.
Frequently Asked Questions
Wrongful death can be a confusing area of the law to face during an emotionally painful period of time. Get answers to some frequently asked questions about wrongful death suits and what they might involve.
Stages of Grief After a Wrongful Death
After going through the pain of losing a loved one to a wrongful death, you might experience a range of emotions and mental anguish. Find out what you can expect and how to cope with each stage of grieving.
Contact Mazow | McCullough, P.C. Today
If you have lost a loved one in a tragic accident or due to someone else’s negligence, we understand the myriad of emotions you’re going through. We know the challenges you’ll face in the days, weeks, months, and even years to come, and we’re prepared to guide you through the legal aspect of bringing forward a wrongful death claim and connecting you to resources to help you heal from your loss.
Contact us today for a consultation. We’re here for you.