Willfully, wantonly, or recklessly causes another person’s death,
Operates a common carrier (buses, trains, planes, etc.), and negligently causes another person’s death,
Operates a common carrier, and willfully, wantonly, or recklessly causes another person’s death, or
Breaches a warranty of sale resulting in another person’s death.
For 2) or 4) to apply, it must be the case that the decedent (the individual who died) would have been able to recover personal injury damages had he or she lived. Employers whose employees die do not fall under this statute; nor do railroad operators on whose tracks somebody was struck and killed.
A wrongful death claim can involve significant money damages, often millions of dollars, for any of the following:
The fair monetary value of the deceased to you or whoever is bringing the wrongful death suit, including reasonably expected income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice.
Reasonable funeral and burial costs.
If the death was caused by malicious, willful, wanton or reckless conduct or gross negligence by the defendant, punitive damages of at least $5,000. Normally, you won’t be able to recover for the loss of a spouse’s household services (cleaning, cooking, yard work, etc.) if the spouse was under no legal obligation to do those things.
In addition, the wrongful death defendant will also be liable for any conscious pain and suffering the decedent suffered, provided you can show some corroborating evidence that the decedent consciously experienced pain and suffering prior to death.
Wrongful death damages are often quite substantial. In fact, many wrongful death cases result in damage awards in the millions of dollars.
The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates, which specializes in Massachusetts wrongful death accident cases, will provide you with the following Massachusetts wrongful death lawyer
specialists:
