If a loved one sustains an injury due to another person’s negligence and subsequently dies because of their injuries, you can file a wrongful death claim. If successful, this can provide compensation from burial expenses to stress endured by the deceased. Below the common questions about this type of claim. 

4 FAQ About Wrongful Death Claims

On what grounds can you take a wrongful death action?

The key to a successful wrongful death suit is proving proof of negligence or intent of harm. A person or company needs to have acted carelessly, directly causing the accident and injuries that led to your loved one’s death. Examples include a drunk driver running a red light and striking a pedestrian or a surgeon making an error during an operation. 

Who is allowed to file a wrongful death claim?

In most states, only the deceased’s executor or administrator can formally file a claim. This is the person responsible for carrying out any instructions left in the will, paying relevant taxes and debts on the estate, and generally wrapping up the deceased’s affairs. Any payout from the lawsuit will be paid to the deceased’s estate. 

What can you receive compensation for?

Compensation could cover medical expenses, funeral and burial costs, and lost income the deceased could have earned in their lifetime. It’s also possible to obtain damages for the loss of care, comfort, counsel, and guidance. In some states, you can request punitive damages—this additional money acts as a fine and is designed to punish extra reckless behavior.

Do you need a lawyer to file a claim?

Wrongful death lawsuits are complicated and require the expertise of a skilled attorney. Building a strong case will require examining medical records, soliciting expert medical testimonies, and interviewing witnesses—among other things. A law firm will have the manpower and knowledge required to properly establish a case and gain the best results. 

If you need legal counsel regarding a wrongful death claim in the Greater Boston area, trust Bellotti Law Group, P.C. Since 1989, these professionals have helped thousands of people in the area. They understand that each client has unique needs and wishes, and will provide the personalized legal guidance required to get you the outcome you deserve. To read more about the firm’s experience with wrongful death claims, visit their website. For a free consultation, call (617) 778-1000.