Wrongful Death

Cappetta Law Offices defends the rights of families who have lost a loved one through wrongful death or accidents caused by negligence. Our Natick and Framingham offices provide caring and compassionate representation to families in Middlesex County and other areas of Massachusetts. Rest assured that you have 24/7 access to free legal consultations and aggressive representation at no up-front cost to you. You pay no attorney’s fees unless we recover compensation for you.

Accidents Resulting in Fatality

Accidents are common in Middlesex County and throughout Massachusetts. Sometimes, the outcome is not just an accidental injury, but a fatality. Wrongful death may result from negligence involving:

  • Slip-and falls
  • Defective products
  • Medical malpractice
  • Motor vehicle crashes
  • Chain-reaction collisions
  • Exposure to toxic chemicals
  • Bicycle, pedestrian accidents
  • Construction, work accidents
  • Electric or mechanical failure
Legal Recourse for Bereft Families

When another party’s careless conduct causes a fatal injury, the personal injury action does not die with the decedent. Rather, the family has recourse to civil damages through a wrongful death claim. Negligence covers a vast array of conduct, regardless of intent. Civil liability is therefore available for bereft families, whether their loved one died as a result of an intentional homicide or a careless mistake. If criminal conduct is involved, the wrongful death action proceeds separately from the criminal prosecution, allowing the family to recover a monetary award.

Massachusetts Wrongful Death Laws

State law governs which family members are eligible to receive wrongful death benefits. They generally limit eligibility to immediate family members including:

  • Past or current spouses
  • Biological child, stepchild
  • Adopted or foster children
  • Some parents, next-of-kin
  • Other relatives in rare cases
  • Decedent’s estate if no family

Massachusetts wrongful death laws require that the judgment be distributed evenly among the claimants. When the case involves stepchildren or multiple families, the fight can become complex. A knowledgeable wrongful death attorney can help foster an amicable resolution.

Proving Wrongful Death and Damages

In order to prevail, surviving family members must show that negligent conduct directly caused the death. Direct or “proximate” causation requires proving a clear relationship between the other party’s negligence and the death. Whether the fatality resulted from a defective product, car accident, or medical malpractice, there can be no “intervening” factors, like the decedent’s own negligence, or other “contributing” forces that could have just as likely caused the death. Once the family has shown wrongful death, it is entitled to damages from the negligent party, including damages that cover:

  • Medical expenses
  • Funeral expenses
  • Lost income, salary
  • Projected future earnings
  • Pain and suffering
  • Loss of relationship

Damages for loss of relationship refer to the missing companionship, parental support and guidance of the deceased. The “replacement” value of these losses can be difficult to calculate.

A Massachusetts Personal Injury Lawyer Dedicated to Helping You

If you have lost a beloved family member to wrongful death or an accident involving negligence, call Daniel J. Cappetta today. Attorney Cappetta provides detailed consultations and dedicated representation. He personally handles every case and never charges attorney’s fees unless he recovers compensation for you. Contact Capppetta Law Offices to protect your rights and the financial future of your family. At Cappetta Law Offices, we understand that nothing can replace the loss of a family member. But we are devoted to helping you through this difficult transition, pursuing your claim with dignity and respect. Call (508) 969-9505 for a free consultation or contact us online.

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