Assessing Circumstances With A Wrongful Death Attorney In Melrose, MA

by | Sep 15, 2017 | Attorney

In Massachusetts, a wrongful death occurs during circumstances associated with neglect, a crime, or a breach of warranty. The events lead to litigation as the family of the victim seeks retribution. Typically, the evidence must show the fatality wasn’t the direct result of an unfortunate accident. A Wrongful Death Attorney in Melrose MA assist families facing these losses.

How the Individual Died

An autopsy is typically required for a wrongful death lawsuit. The wrongful death claim must include the exact cause of death. This cause of death must be linked to the event identified in the claim. If the autopsy shows an alternate and unrelated cause of death, the family doesn’t have a viable claim.

Defining Liabilities and Avoidable Injuries

The defendant’s liabilities are defined by how the injuries were caused. For example, a doctor that failed to follow procedures could generate an unnecessary risk. This risk could lead to the patient’s death if it isn’t managed according to protocols. In these cases, the risks cannot be a common hazard related to the surgical procedure. If it was, the doctor disclosed these risks to the patient who gave consent for the surgery.

What Type of Awards are Provided?

The type of injury case defines the type of awards that are provided. Economic damages are provided in most cases. Punitive damages may be awarded when a doctor is at fault. A strict liability is used when a dog owner didn’t stop additional attacks.

How has the Right to File a Lawsuit?

Direct family members have the right to file a lawsuit. The spouse or children are the primary beneficiaries for these cases. However, if the victim didn’t have a spouse or children, their parents have the right to file a legal claim.

In Massachusetts, a wrongful death case is defined by the existence of avoidable circumstances. The circumstances can be related to negligent acts, crimes, and failures. The type of personal injury claim defines the statute of limitations and how to proceed. Certain laws may apply for these cases. Relatives of the victims of these events can contact a Wrongful Death Attorney in Melrose MA or Click here for more information now. You can also follow them on Twitter.

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