“Wrongful Death” is a term that almost seems to imply it has an opposite meaning - a “rightful death.” Not necessarily. It is a catch-all legal term that is used to describe a situation where the death of a person would not have taken place under the circumstances that it did, except for some negligence that occurred on the part of another person. As an experienced Boston wrongful death attorney, I'd like to explain there is no one situation where a wrongful death lawsuit might be indicated: The circumstances surrounding a “wrongful death” can be several: A loved one might have died as a result of medical negligence / medical malpractice, a motor vehicle accident, a slip and fall, a construction injury, or a defective product.
A wrongful death suit differs from other personal injury lawsuits in that the actual victim (called the “decedent”) is not bringing the suit. Rather, it is usually a family member or a representative of the deceased victim’s estate. A wrongful death suit seeks the recovery of damages for the surviving family's or the estate's benefit as a result of the victim's death. The definition of “family members” in Massachusetts is generally limited to the following relatives of the deceased victim: Surviving spouse, children, and issue of deceased children. If there are no surviving issue of the deceased victim, then suit is generally limited to persons, including the surviving spouse, who would be entitled to the property of the decedent.
Money can never replace the loss of a loved one. Once a tragedy like this strikes, the only thing the law can do is to provide a judicial remedy, assuming negligence can be established on the part of another party, for family members left behind. A wrongful death suit in Massachusetts allows a potential award of damages for the emotional harm done to the victim’s family. These types of “non-economic” damages compensate the victim’s family for the loss of companionship, love and affection that they will suffer as a result of the victim’s death. This type of suit also allows for economic (financial) damages, to compensate for the loss of present and future income that the victim would have earned for his or her family, as well as for medical expenses related to the victim’s death.
In order to bring such a suit in Massachusetts, the suit must be filed prior to the expiration of the Statute of Limitations, or the suit will be forever barred in the future. Hence, if you have lost a loved one due to what you suspect may be the negligence of another, it is extremely important that you speak with a qualified wrongful death attorney in Massachusetts as soon as possible after the event which caused the victim’s death. We are very experienced in this area of litigation, and you are encouraged to contact us for a free, no obligation consultation.
When I fell in that supermarket and knew I had broken my leg, one of the first things that went through my mind was, "How am I ever going to take on a company this size and receive any decent compensation for what's happened to me?" Because of you, I received a sizable settlement payment for my injury. I hope more people learn about the kind of legal talent you offer.
The act of placing my father in a nursing home was probably the most painful decision I've ever had to face. You took our case on, and you and your associates fought the owners of this business, tooth and nail. You never gave up. As a result, my father's estate was paid considerable money for his pain and suffering.
My whole life changed on a dark day in December 1989, when I was hit and pinned against a wall by a commercial delivery truck. I was almost DOA at the hospital Emergency Room. Because of my injuries, I cannot work full-time ever again. Because of you and your colleagues' work, I received a large settlement.
My mother had suffered a heart attack in the fall, and the hospital doctors completely missed this in her vital signs and EKG. My mother died the next day, and she didn't have to. But because of your diligence and talent, her estate received a very large settlement payment, along with revised ER protocols to prevent such errors in the future. For my mother and future patients, we thank you for what you did for her.
When our son was hit by a car in a crosswalk, our one and only concern was his recovery and well-being. We had no idea what we were facing: A maze of obstacles put up in our path by the insurance company for the driver who hit our son - denying responsibility for the accident. If we hadn't had you by our side, we feel we would have been eaten alive by this insurance company's lawyers. You guided us from day one, and you never rested.
You know what impressed me most about you (aside from your legal talent)? I know that my injuries from my car accident weren't the worst that you had in front of you - my case was far from the biggest case in your office - but you represented me like my case was worth a million dollars. I can't thank you enough.
There are two things that I will never forget about my car accident: The sound of screeching tires just before my car was hit by the other driver, and, much later, the sound of you telling me that the entire ordeal was over with, and that I was going to receive just compensation for my injuries. The rest, I want to forget - but I'll never forget you and what you did for me.
Choosing to hire William D Kickham was one of the best decisions I could have made in recent years. He was very prompt, to the point and delivered on his promises. He is a true professional and I couldn't be happier with his results. I will continue recommended his services to anyone in need of legal guidance.