Boston Wrongful Death Lawyers
Respectful, tough representation when a family member dies due to the fault of others
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It’s chilling. There’s nothing worse than learning that your parent, spouse, child, or any other close relative died in a preventable accident. One day, the person you love is sharing your hopes and dreams, and in an instant they’re gone because a driver was drunk, a property owner couldn’t take the time to put up a warning sign, a rideshare driver was too busy looking at a GPS, a manufacturer put their profit before your loved one’s safety – or for many other reasons.
At Santora & Gray, we respect your need to mourn for your family member and respect the need for sensitivity and empathy. We understand that no amount of money can bring your loved one back. But a strong settlement or verdict does help in many ways. A substantial recovery helps hold the wrongdoers accountable while honoring your loved one.
Our Boston wrongful death lawyers demand justice. We understand the unique challenges involved in wrongful death claims, including possibly having to work with the police and local prosecutors, proving liability when your loved one is not alive to testify, and the grief of proving fault when all you want to do is remember your family member.
We work to obtain the strongest recovery that Massachusetts law permits. Our record of success in wrongful death claims includes the following:
- A drowning man left unsupervised: Bradley M. Henry helped obtain a multi-million dollar recovery for the family of a man who drowned because the pool where he was exercising failed to have a lifeguard present and failed to have life-saving devices present.
- The drowning of a father of four: Victoria M. Santoro was co-counsel on a case against a national hotel chain. The man died because of poor maintenance of the hotel pool and a defective emergency phone system (which prevented his young children from calling for help). We obtained a 3+ million judgment, which included punitive damages.
- Big Dig I-90 connector tunnel wrongful death case: Attorney Henry helped obtain a $28.5 million dollar settlement for the family of a woman who tragically died when a massive ceiling panel, weighing three tons, fell onto her car as she and her husband were driving through Boston’s Interstate 90 Connector Tunnel on their way to Logan International Airport.
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How Santoro & Gray can help you
- What is a wrongful death claim?
- What are the unique issues in filing a wrongful death claim in Boston?
- What types of accidents cause the deaths of loved ones?
- What damages can families receive in a wrongful death claim in Boston?
- What is the statute of limitations for filing a wrongful death claim in Boston?
- Do you have a Boston wrongful death lawyer near me?
What is a wrongful death claim?
When a loved one dies due to the negligence or intentional misconduct of another, two types of lawsuits can be filed.
Wrongful death claim
A wrongful death action is a civil claim brought on behalf of the family members because their loved one is no longer alive. The main factors to know are:
- The wrongful conduct includes:
- The negligence of the person who causes the death of your loved one
- Willful, wanton, or reckless acts that cause the death of your loved one
- The negligence of the operator of a common carrier (such as a bus or train) causes the death of your loved one
- The death of your loved one is due to a breach of warranty
- The personal representative files the wrongful death claim: The personal representative is either the executor named in the will or an administrator appointed by the probate court.
- The beneficiaries of the estate are determined by state law as follows:
- The deceased has a spouse and no living children: The spouse receives the full amount.
- The deceased has a spouse and one surviving child: The spouse and child split the full amount.
- The deceased has a spouse and more than one surviving child: The spouse receives one-third (1/3rd) of the amount, and the children divide the other two-thirds (2/3rd ).
- The deceased does not have a spouse: The award is paid to the next of kin, which may include parents, children, siblings, and other relatives.
- The damages are meant to compensate the family members: We discuss the damages in more detail below.
A survival claim
A survival claim is a civil claim that is brought by your loved one’s estate for your loved one’s pain and suffering and other damages that your loved one suffered between the date of the accident and the date of their death. The claim “survives” the death of your loved one. A few key points of a survival claim are:
- The estate files the survival lawsuit: Normally, the person named in your loved one’s will (the executor) or an administrator appointed by the court files the claim.
- The beneficiaries of the estate are the people named in your loved one’s will: If your loved one does not have a will, the beneficiaries are the people who would inherit through the intestate laws of Massachusetts.
- The damages depend on how long your loved one survives the accident: These damages include your family member’s pain and suffering, their medical bills during this time frame, and any lost wages/income during this time frame.
- The damages are paid to the estate: The estate then distributes the proceeds to the beneficiaries.
If the death is instantaneous, then generally there is no survival claim, just a wrongful death claim.
What are the unique issues in filing a wrongful death claim in Boston?
At Santoro & Gray, we understand all legal and personal aspects of a wrongful death claim, including the following:
- Criminal charges: There is NO requirement that the Boston police or prosecutors file criminal charges. We can pursue the family’s right to compensation if there are no criminal charges. If criminal charges are filed (such as Driving Under the Influence charges for drunk driving), the conviction itself or the evidence (such as breath tests) may help strengthen your civil wrongful death case.
- Your loved one is not alive to testify: We work to prove fault in many other ways. For example, we work with the police, traffic reconstruction experts, building code officials, and product safety experts to help prove fault. Our lawyers also examine cell phone records, black boxes, electronic logging devices, prior notices of dangerous conditions to property owners, and other evidence to help establish fault. We also work with the coroner’s office and physicians to show that the defendant caused the death of your loved one. We also understand the state laws that limit what the defendants can and can’t say because your loved one is not able to respond.
- Your personal needs: Attorneys Santoro, Gray, and Henry (and our support staff) understand how upsetting and traumatic the death of your family member is. We focus on your legal rights so you can focus on your loved one and all the family members.
Our legal team also has the experience and working relationships to negotiate settlements and handle verdicts when the beneficiaries are children. While often trusts are used to ensure that the needs of children are protected, occasionally a structured settlement is used until the child reaches the age of majority (normally 18), at which time they should receive their share of the funds in full.
What types of accidents cause the deaths of loved ones?
At Santoro & Gray, we handle the following types of accidents, among others, that cause fatalities:
- Vehicle accidents
- Car accidents
- Truck accidents, including delivery truck accidents
- Motorcycle crashes
- Uber and Lyft accidents
- Bus accidents, including MBTA accidents
- Pedestrian accidents
- Bicycle accidents
- Aviation accidents
- Train accidents
- Premises liability accidents
- Construction accidents
- Accidents due to defective products
- Sexual assaults
- Many other causes
What damages can families receive in a wrongful death claim in Boston?
Our ability to empathize with our clients helps us communicate movingly to judges, juries, arbitrators, and mediators, as well as insurers, that every person and every family has a unique story to be told. Our lawyers combine our strong presence in the courtroom with our ability to highlight the human element behind every case. Every day, we fight to achieve justice for the wrongdoings our clients have suffered.
Wrongful death damages include the following, according to the Massachusetts Wrongful Death Statute:
- The funeral and burial costs.
- The loss of financial support your loved one would have provided to the family members.
- The loss of personal support your loved one would have provided to the family members. Personal support includes:
- Services, protection, care, and assistance.
- Society, companionship, comfort, guidance, counsel, and advice.
- While punitive damages are not generally available in Massachusetts personal injury cases, they might be if the injury results in a wrongful death and the defendant’s conduct was grossly negligent or willful.
Our Boston wrongful death lawyers work with experts who help place a value on these damages.
What is the statute of limitations for filing a wrongful death claim in Boston?
Generally, wrongful death claims and survival claims must be filed within three years from the date of death of your loved one. Some exceptions may apply.
We strongly recommend that you contact us immediately. Since your loved one cannot explain what happened, it is critical that we speak with witnesses and investigate what happened as soon as possible.
Do you have a Boston wrongful death lawyer near me?
Yes. We meet executors, administrators, and families at our Boston Office located at 131 Dartmouth Street, 3rd Floor, Suite 35. We also speak with clients by phone and through online video platforms, such as Zoom and FaceTime.
We’re here to answer all your questions and guide you through each step of the wrongful death claims process.
Contact our accomplished Boston wrongful death lawyers now
We want you to tell us about your loved one. What did they do to make you smile? What people and activities did they enjoy? Wrongful death cases are personal to us. Your loved one’s life matters. The memories of your loved one still matter. A strong settlement or verdict is our way of saying the life of your mom, dad, spouse, child, or any other close relative was important.
Please call us or fill out our contact form to schedule a free consultation. We handle wrongful death cases on a contingency fee basis. This means our success depends on the success of your wrongful death case.