How Do I Sue for Wrongful Death of a Family Member?

How Do I Sue for Wrongful Death?

A wrongful death suit is a legal claim brought by the surviving family members of someone who died due to the negligence or intentional misconduct of another person or entity.

In addition to the pain and suffering of the victim, the survivors may file a wrongful death suit. This is a civil action that seeks damages from the person or persons responsible for the death. It is often filed by the victim’s estate, on behalf of the victim’s loved ones. The damages awarded in a wrongful death suit can help to cover the costs associated with the death, such as funeral expenses, medical bills, and loss of income.How Do I Sue for Wrongful Death? Massachusetts

The purpose of a wrongful death suit is to seek financial compensation for the survivors’ losses, which can include economic damages like lost income and medical expenses, as well as noneconomic damages like pain and suffering and loss of companionship.

Types of Financial Compensation in a Wrongful Death Suit

There are a number of distinct types of financial compensation that may be available in the event of a wrongful death. The most common types of compensation include:

Economic damages: This includes any financial losses that the victim would have been able to recover had they lived, such as lost wages, medical bills, and funeral expenses.

Non-economic damages: This includes pain and suffering, loss of consortium (or loss of the benefits of a marital relationship), and emotional distress.

Punitive damages: These are awarded in rare cases where the defendant’s conduct was particularly egregious or reckless. They are designed to punish the defendant for their wrongdoing and deter similar conduct in the future.

How to File a Wrongful Death Suit

  1. File a wrongful death claim with the proper court.
  2. Serve the defendant with the claim.
  3. The defendant will file an answer to the claim.
  4. The parties will conduct discovery, which is a process where each party requests documents and takes depositions from witnesses.
  5. The parties will attend a mediation or settlement conference, if necessary.
  6. The parties will present their case in court.
  7. The court will issue a ruling on the case.

In order to file a wrongful death claim, one must first be appointed Personal Representative of the decedent’s estate. Only a lawfully appointed Personal representative  can file a wrongful death lawsuit.

If you are considering filing a wrongful death lawsuit, it is important to speak with an experienced attorney as soon as possible. A wrongful death lawsuit can be complex and time-consuming, and an attorney can help ensure that your case is handled properly.

An attorney can help with a wrongful death suit by representing the family of the deceased in court. The attorney will argue on behalf of the family and try to win them compensation for their loss.

If you believe that your loved one died because of someone else’s negligence or wrongdoing, you should speak with an experienced wrongful death attorney to discuss your legal options. For help with how to sue for wrongful death Contact the offices of Sbrogna, Brunelle & Donius, LLP today to see how we can help you and your loved ones.

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    We are excited to let you know that effective January 1, 2024, Attorneys Kevin Donius and Roger Brunelle of Sbrogna, Brunelle & Donius, LLP, along with our paralegals Nicole LeBlanc and Denise Geoghan, have joined forces with Tetzel Law, a Boston based firm specializing in cases involving personal injury, medical malpractice, nursing home negligence and abuse, and construction accidents.  We encourage you to visit Tetzel Law’s website at www.tetzellaw.com to learn more about the firm.  With Tetzel Law, we now have offices in Boston, Worcester, Woburn and Hingham.


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