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Brockton Wrongful Death Lawyers
Compassionate advocacy when a family member dies due to an accident in Massachusetts
The passing of a loved one is already a difficult and emotional event for anyone to endure. When your loved one’s death is caused by someone else’s negligence, your grief may be accompanied by anger and despair because that person was taken by the carelessness of another party. A loved one’s passing can also place a significant financial burden on you and your family. You deserve for the responsible party to be held accountable for your loved one’s death. For more than 35 years, The Law Offices of Gerald J. Noonan has been fighting to secure justice for the families of those killed by another’s negligence or recklessness. Our Brockton wrongful death lawyers have a long track record of successfully obtaining maximum compensation for families pursuing wrongful death claims in Massachusetts.
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- What types of wrongful death claims do you handle in Brockton?
- Who can file a wrongful death claim in Brockton?
- What is the value of a wrongful death claim in Brockton?
- How do your Brockton wrongful death lawyers fight for families when a loved one dies in an accident?
- What is the time limit for filing a wrongful death claim in Brockton?
- Do you have a wrongful death lawyer near me in Brockton, Massachusetts?
What types of wrongful death claims do you handle in Brockton?
In Massachusetts, a person’s passing is considered a wrongful death when the death is caused by someone else’s negligence or other misconduct. The entity or individual responsible for a person’s death may be held responsible in a civil action. The purpose of the civil action is to compensate the deceased person’s estate and surviving family for damages caused by the death.
At The Law Offices of Gerald J. Noonan, we handle the following types of accidents that can lead to a victim’s wrongful death in Brockton:
Who can file a wrongful death claim in Brockton?
In Massachusetts, a wrongful death claim must be filed by the personal representative (executor or administrator) of the estate of the deceased person. Typically, a surviving family member, such as a spouse, child, parent, or sibling, will serve as an administrator or executor.
Beneficiaries
The beneficiaries of a wrongful death action include the following family members:
- A spouse
- Children
- Descendants of a deceased person’s children
- Next-of-kin, such as parents, siblings, or grandparents
Damages that would have gone to the deceased person are instead distributed as an asset of the person’s estate.
What is the value of a wrongful death claim in Brockton?
Our Brockton wrongful death lawyers appreciate that no amount of financial compensation can replace a loved one, but as attorneys, we also understand that it is important to hold parties responsible for their conduct. The purpose of a civil action is to recover for your current and future losses while forcing the at-fault party to face consequences for their actions.
In wrongful death cases, the estate (surviving family members) can seek compensation for the following damages:
Pre-death damages (this part of the claim is called a “survival” action)
- Medical expenses arising from your loved one’s last injury or illness caused by the at-fault party or parties
- Conscious pain and suffering endured by the deceased person prior to death
- Lost wages for any time your loved one missed work prior to the death
Post-death damages (the wrongful death action)
- Loss of future earnings due to the death of your loved one
- The value of the loss of “services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent”
- Funeral and burial expenses
- Punitive damages of not less than $5,000 in cases where the decedent’s death was caused by the malicious, willful, wanton or reckless conduct of the defendant or by the gross negligence of the defendant
How do your Brockton wrongful death lawyers fight for families when a loved one dies in an accident?
Losing a loved one is already a difficult period for you and your family. The Law Offices of Gerald J. Noonan has the experience and resources to fight on your family’s behalf to recover the compensation and justice your family deserves.
When you choose our firm to help your family with your wrongful death claim, we will handle the following parts of your claim:
- Investigation. We conduct our own independent investigation into the circumstances of your loved one’s passing - including recovering evidence we can use in your case that will show how your loved one’s death occurred and who may have been at fault.
- Responsibility. We can work to identify the liable parties and potential sources of compensation (such as insurance coverage) for you and your family.
- Liability. We collaborate with experts (such as accident reconstruction experts, engineering experts, medical experts, and vocational and financial experts) who can help us build persuasive legal arguments for your case.
- The stages of your claim. Our attorneys handle each step, including:
- Filing claims for compensation with at-fault parties and insurance companies.
- Aggressively negotiating for a settlement that provides your family with fair and full compensation.
- Taking your case to court and to trial when those responsible for your loved one’s death will not settle fairly. The Law Offices of Gerald J. Noonan will provide vigorous legal advocacy in court and at trial (and appeal if necessary) to help get you and your family the justice you deserve.
Unique challenges due to the death of your loved one
There are a few unique issues when filing a civil wrongful death action:
- The need for independent evidence. Your loved one cannot testify due to their death. Generally, the defendants cannot testify as to liability in fairness to your loved one’s passing. That means you need lawyers who have the skill and working relationships to show why the defendants are responsible through independent witnesses and experts.
- A possible criminal case. There is NO requirement that the prosecutors file criminal charges against the responsible defendants. However, if the police arrest a defendant (such as an arrest for drunk driving), our Brockton wrongful death lawyers connect with prosecutors.
What is the time limit for filing a wrongful death claim in Brockton?
Generally, the wrongful death claim must be filed within three years from the date of the negligent or reckless conduct that caused your loved one’s death. Shorter time limits apply if a governmental entity or agency is responsible.
Don’t wait. Contact us as soon as possible. We need to speak with witnesses and investigate your claim when everyone’s memories are fresh – especially because your loved one is not alive to testify.
Do you have a wrongful death lawyer near me in Brockton, Massachusetts?
Yes. Our attorneys meet personal representatives and families at our office located at 555 Pleasant Street, Brockton, MA 02301. We also conduct conversations by phone and by online video (Zoom, for example).
We’re here to help you through this extremely stressful time.
Talk with our Brockton wrongful death lawyers now
At The Law Offices of Gerald J. Noonan, our overriding goal is to ensure that the lives of you and your family are made easier during the difficult time of grieving. We are ready to talk whenever you are. Many families actually find peace and comfort in taking steps to seek justice on behalf of their lost loved one.
Call us today or fill out our contact form to schedule a free consultation. Our Brockton wrongful death lawyers will help honor your loved one by demanding justice from the responsible parties and helping your family move forward.