Worcester MA Wrongful Death Lawyer
Serving Worcester and Cambridge
As a Worcester MA wrongful death lawyer, and law firm, we are dedicated to securing the compensation our clients deserve in each and every case we prosecute involving wrongful death and serious injury. For one family whose child suffered permanent injury on an escalator in China, we traveled to Hong Kong for the evidence we needed to prove their claim. Records and physical evidence relating to the accident had been altered or destroyed, so we obtained sworn testimony in Hong Kong from Chinese citizens, which allowed us to prove the global manufacturer’s liability and responsibility for the destroyed evidence. After twenty-one trial days in the Worcester Superior Court, and multiple appeals by the manufacturer, our clients secured an $8.9 million final judgment in full and fair compensation for the harm they suffered.
Our Approach. We begin by meeting with you and your family to understand the nature and extent of your losses as well as your goals for our services. We file a lawsuit on your behalf against the responsible parties as soon as possible so that we may promptly investigate the circumstances surrounding the accident, using the discovery tools available under Massachusetts law, including record requests and sworn oral testimony. We hire necessary experts to help us prove your claim, including experts in medicine, accident reconstruction, engineering, and economics (future earning capacity). We meticulously prepare your case for trial and engage in settlement talks with the individual, company, or insurer responsible for your compensation. If necessary, we present the case to a jury of your peers toward holding the responsible parties accountable for their actions and compensating you fairly and fully for your losses.
Elements Of A Wrongful Death Case. A successful wrongful death claim requires proving several critical elements:
- Duty of Care: Proving the responsible party owed a duty of care to the deceased.
- Breach of Duty: Demonstrating that this duty was violated through negligence, recklessness, or intentional actions.
- Causation: Showing that the breach directly caused the death of your loved one.
- Damages: Quantifying the financial and emotional losses suffered by surviving family members.
While many wrongful deaths result from trucking or automobile accidents, premises liability, and product liability, others result from negligence and wrongful conduct in emergency rooms, long-term health care facilities, and the workplace. As a Worcester MA wrongful death lawyer, and law firm, we have substantial experience holding wrongdoers accountable for their conduct and securing fair and full compensation for surviving family members.
Wrongful Death In Hospitals. We represented one family who tragically lost two members to medical malpractice, one in a Worcester hospital, the other in a Cambridge-area hospital. The family lost their 29-month old girl when staff at a long-term rehabilitation facility failed to respond to an alarm indicating she may have been suffering from oxygen deprivation. No one responded to the emergency until it was too late. Then, about a year later, the family lost their mother when emergency department personnel restrained her, placed her in a face-up position in bed, left her unattended, and failed to respond when she coughed up medication while asleep and couldn’t breathe. The Boston Globe reported that the two cases were “a lens into the unsettling and unseen world of medication errors, faulty diagnoses, delays in treatment, and other preventable mistakes in hospitals … with more than 300 people dying and another 3,000 being seriously injured every day in America because of mistakes made in the very facilities that were supposed to make them better.” Learn more at Medical Malpractice Strikes Same Family Twice
Punitive Damages In Wrongful Death Cases. Under the Massachusetts Wrongful Death Statute (M.G.L. Chapter 229, Section 2), punitive damages may be assessed in wrongful death cases where gross negligence, or reckless or willful misconduct causes a person’s death. These damages are not designed to compensate victims for their losses. Instead, they are in addition to compensatory damages and serve as both a punishment and a deterrent against egregious behavior by the wrongdoer. The misconduct must exceed ordinary negligence to justify punishment under the statute.
The measure of punitive damages for wrongful death is not explicitly capped or defined by a specific formula in the Wrongful Death Statute. Instead, punitive damages are determined at the discretion of the court or jury to achieve the purpose of punishment and deterrence for the wrongdoer’s gross negligence, willful, wanton, or reckless conduct that caused the death. The amount awarded is generally proportionate to the severity of the wrongful conduct and its societal impact, ensuring it is sufficient to discourage such actions in the future.
Call Now for a Free Consultation
As a Worcester MA wrongful death lawyer, and law firm, we are prepared to provide you and your family legal guidance and support to help you move forward. If you have lost a loved one due to someone else’s wrongful conduct, please call us today at 617-204-9800 or contact us online for a free consultation.