Tag: wrongful death

Punitive Damages and Personal Injury Cases: A Rare Option in Massachusetts Courts

American law commonly recognizes two major types of compensation, or damages, that are available to victims of personal injuries: compensatory and punitive. In general, Massachusetts and the other New England states do not allow for punitive damages. One exception to this in the Commonwealth is in wrongful death cases. Compensatory Damages: An Overview In short, compensatory damages seek to provide an equivalent dollar amount to make up for the losses incurred by an injury. These

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Wrongful Death Suit in Massachusetts

The heartbreak of a loved one’s death is compounded by the logistical and financial stresses of providing a burial according to the deceased’s wishes, paying off residual bills, and coping with the loss of an income. In cases where a loved one’s death was caused by another’s actions, this can be especially emotionally difficult—but the law does allow for a remedy to the financial stress caused by a wrongful death. In Massachusetts, a wrongful death

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My husband was in a fatal accident, can I file a wrongful death claim?

Under Massachusetts law, a person or company may be liable for wrongful death if the death of another is caused by (1) negligence, or failing to exercise reasonable care, (2) a “wanton or reckless act,” or (3) a breach of warranty. In order to bring forward a wrongful death claim, the surviving individual must have suffered damages due to the untimely death of another. Precisely who those survivors can be varies from state to state.

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