Massachusetts wrongful death benefits are designed to provide financial support for those people who will suffer most from the Massachusetts worker's death. This is because those dependent upon the Massachusetts worker for financial support will be negatively impacted by his or her death. In Massachusetts, the designation of appropriate recipients of Massachusetts workers’ compensation wrongful death benefits considers both dependents of the decedent and members of the deceased’s family or household. Most of the time, Massachusetts spouses and children are presumed to be dependent, without having to show proof of dependency. In the case of a severance of the marital relationship, however, such as a voluntary separation, a Massachusetts surviving spouse may need to provide proof of financial dependency. In cases when the injured worker is unmarried or without any children, other relationships and households are taken into consideration. These include unmarried cohabiting partners, stepchildren, stepparents and others living with the deceased Massachusetts worker. In addition to money compensating for a decedent’s lost wages, Massachusetts wrongful death beneficiaries receive financial compensation to cover funeral and burial expenses.
While the family of a deceased worker generally cannot bring a lawsuit against the employer, often a third party can be sued for substantial money damages in a wrongful death lawsuit. One of the requirements in order to obtain a damage award in a Massachusetts wrongful death action is that there must be a showing that the blameworthy party acted negligently. Negligence is generally defined as a failure to act reasonably in the given circumstances that results in injury. The Massachusetts personal injury lawyers at our Boston, MA law firm have over 25 years of experience in proving the negligence of the other party. In order to prove negligence, it must be shown that the other party owed a duty of care to the victim that they breached, and in breaching that duty, caused the victim’s death. The second requirement in order to obtain recovery in a Massachusetts wrongful death action is that there must be a causal connection between the defendant’s action and the victim’s death. If the Massachusetts wrongful death victim failed to seek assistance for injuries caused by the defendant, and their failure to do so resulted in their death, the chain of causation may be broken and the defendant may escape liability.
The monetary value of the deceased victim to the person who actually filed the third party job site wrongful death lawsuit in court and the victim’s other beneficiaries.
In the event that your loved one has been the victim of Massachusetts wrongful death while acting as an employee, there may be a substantial damage award available from a third party in addition to obtaining worker's compensation benefits.Massachusetts wrongful death damages may include reasonable expected net income, loss of companionship, punitive damages, medical expenses, funeral and burial costs, pain and suffering and interest on the damages that are received.
In addition to providing outstanding legal service, our Massachusetts worker’s compensation attorneys are compassionate, and understand that you are likely experiencing one of the most traumatic incidents that you will face in your lifetime. In an effort to relieve the burden on the grieving family or loved ones of a Massachusetts wrongful death victim, our Massachusetts worker’s compensation attorneys respond promptly to all client phone calls and copy our clients on all correspondence. We want our clients to know where their case stands every step of the way. Our Massachusetts worker’s compensation attorneys also never act on a client’s behalf without thoroughly discussing the matter with the client beforehand and reaching a mutual decision.
If your loved one has been the victim of a Massachusetts wrongful death while at a Massachusetts worksite or while acting in the capacity of an employee, the family or loved ones of the deceased may be entitled to a substantial monetary recovery on the victim’s behalf. It is important to note that there is a statute of limitations in Massachusetts that limits the amount of time that you can bring a Massachusetts wrongful death claim. It is, therefore, crucial that you contact one of our expert Massachusetts worker’s compensation attorneys or Massachusetts wrongful death attorneys as soon as possible. Please call us today at 617-787-3700 or email us at info@gilhoylaw.com. Your needs are our top priority!