Massachusetts Wrongful Death Lawyer

Did you recently lose a loved one in a car, truck, or other type of accident? Was another person responsible for the accident? In Massachusetts, you could have a wrongful death case if another person’s negligence or wrongful act caused the death of your family member. 

If you are reading this page because you need to pursue a wrongful death claim, yours is the type of pain not eased by a monetary award.  There is nothing that we can do to make this right, all we can do is honor the memory of the loved one lost by helping to protect those left behind. Trying to navigate the legal aspects of a case while grieving can be overwhelming. Let our personal injury attorney at the Law Office of John P. DiBartolo, Jr., help you get through your Massachusetts personal injury lawsuit.

Wrongful Death Documents

About the Law Offices of John P. DiBartolo, Jr. 

Attorney DiBartolo, Jr., is one of the leading wrongful death attorneys in Massachusetts. He was raised in New York and moved to Rhode Island to attend the University of Rhode Island in the late 1980s. He graduated from Albany Law School in 1995 and was admitted to the New York and Massachusetts bar. For the last 29 years, Attorney DiBartolo has dedicated his career to representing people who have been injured or lost their loved ones in accidents. 

Attorney DiBartolo has extensive success obtaining settlements and favorable jury verdicts for victims of serious accidents. He has received the Massachusetts Bar Association Community Service Award and sits on the Board of Governors for the Massachusetts Academy of Trial Attorneys. 

You can count on John P. DiBartolo, Jr. to fight for the most compensation in all Massachusetts wrongful death cases. His outstanding client testimonials show his high degree of legal knowledge and professionalism, and his impressive case results in personal injury lawsuits. 

Wrongful Death Lawsuits In Massachusetts

Massachusetts law allows certain parties to file a lawsuit in civil court if a person or entity caused a wrongful death in a fatal accident. The law states that a wrongful death occurs due to negligence, breach of warranty, or a willful, wanton, or reckless act. This means that a wrongful death claim can be filed when someone dies because of the legal fault of another party. A motor vehicle crash, product defect, intentional act, and more could cause death. The law allows a wrongful death lawsuit to be filed in a case where the decedent could have filed a personal injury claim if they had lived. 

Some states allow certain family members to file a wrongful death lawsuit, but Massachusetts is different. Only the executor or administrator of the decedent can file a wrongful death lawsuit in Massachusetts. 

The executor or administrator in wrongful death cases is usually the person named in the decedent’s will to deal with the deceased person’s estate. This person will pay the decedent’s final debts and manage the estate. 

A Massachusetts wrongful death attorney can assist you if you are unsure of who should be named executor or administrator to file a wrongful death case. Your attorney also understands the state’s complex wrongful death laws and can obtain the best results for you and your family. 

Wrongful Death Damages 

You may notice that Attorney DiBartolo does not use verdicts or settlements in his advertising.  The biggest recoveries that Attorney DiBartolo has obtained relate to wrongful death cases.  Those numbers represent loved ones lost and you can rest assured that your court award or settlement will not be sensationalized in an attempt to get business.  

Financial hardship can affect a victim’s family when they lose a loved one in an accident. If a case involving careless or reckless actions is successful, you could receive damages to compensate you for your loved one’s death. In Massachusetts, you may recover damages for: 

  • Emotional grief and mental trauma
  • Funeral and burial expenses
  • Loss of inheritance and loss of benefits, such as retirement, pensions, and health insurance
  • The family companionship, care, guidance, comfort, and support the decedent would have offered. 
  • The decedent’s lost future income
  • Decedent’s pain and suffering during death 

Massachusetts Statute Of Limitations

A Massachusetts legal claim must be filed in court within a certain period, or you will forfeit the right to compensation. The statute of limitations in Massachusetts for personal injury claims is three years from the date of death. Or, it is three years from the date the administrator or executor knew or should have known they could file a wrongful death claim.

Mother Holding Her Daughter

Why You Need Massachusetts Wrongful Death Attorneys

Massachusetts wrongful death cases are complex and obtaining maximum compensation in a wrongful death suit without an attorney is difficult. Massachusetts wrongful death lawyers can provide the following benefits to grieving family members: 

  • Help them prove negligence: You must prove by a preponderance of evidence that the defendant caused your relative’s death. Otherwise, you cannot recover compensation. A skilled attorney can gather and present evidence to prove negligence. This evidence may include medical reports, surveillance video, eyewitness testimony, and expert opinions. 
  • Determine the claim’s value: These claims tend to be complicated, and determining the appropriate case value takes skill, experience, and legal knowledge. Personal injury lawyers in Massachusetts know how to assess your claim’s value, including pain and suffering, past and future medical costs, burial expenses, emotional anguish, and more. 
  • Handle all legal details: You just lost your loved one. The last thing you want or need is to have legal information and questions hanging over you. Experienced wrongful death lawyers will lift this burden from your shoulders so you can focus on your family. 
  • Deal with insurance companies. Insurance companies care only about the bottom line. If you need to haggle with an insurance company after the death, it will only add to your stress and pain. Your attorney can handle the insurance details, including investigating and filing the claim and negotiating a settlement. 
  • Meet deadlines: Various legal deadlines are associated with successful wrongful death actions. Your attorney will stay on top of all court filing deadlines to ensure the case is on track. 

Speak To A Massachusetts Wrongful Death Lawyer Today 

If you lost a loved one in an accident because of someone’s negligence or wrongful act, you might be eligible for compensation. Certain surviving family members in Massachusetts can file a legal action to demand compensation for their losses.

Massachusetts personal injury lawyer John P. DiBartolo, Jr. and his law firm have the skill and experience in wrongful death claims to fight for the most compensation for your losses. Contact a Massachusetts wrongful death lawyer today at (413) 529-2955 for a free consultation. You could receive monetary compensation as allowed under state law.

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